Chinese French law

7/31/2019 Chinese French law

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A co m p ar i so n b e t w een

Fr ench & Ch inese Lega l Sys t em s in t e rm s o f

I n t eg r a t ed W a t e r Resou r ces M anagem en t

PRESENTED BY :Xiao l iu YANG,Pr o fessor , Pek in g Un iv e rs i t y

A u t h o r s :

- M r . Xi ao l i u YA NG, Pr o fessor a t Pek ing Un iv ers i t y- Mr . Jean- Fr ano i s DONZI ER, Pe rm anen t Secre t a r y o f I N BO- Mrs . Cor a l i e NOEL, D epu t y t o Pe rm anen t Secre t a r y o f I N BO

A st u d y co n d u ct e d w i t h t h e I n t er n a t i o n al

Net w o r k o f Basin Or gan i za t i ons ( I NBO)


2/19

188 members in 68 countries

w w w . i n b o - n e w s . o r g

Ope r a ted by t he

I n t e r n a t i o n a lOf f i ce fo r W ate r( Par i s , Fr ance)

A st u d y co n d u ct e d w i t h t h e I n t er n a t i o n al

Net w o r k o f Basin Or g an i za t i ons ( I NBO)


3/19

Objective of the study

Compare the legal systems for water

management between France and China

Focus on integrated water resources

management

45 years of river basin management in France +

implementation of the European WaterFramework Directive : how this experience canbe transferred to China?


4/19

Institutional frame (1/3)

65 millions inhab.

26 regions, 101 departments,36 700 municipalities

Decentralization process since

19th century

Since 1800 (Napoleon) : Staterepresentative in eachdepartment = Prefect

deconcentralized Stateservices

1982, Decentralization Law:Responsibilities transferred to

Departments and Regionsbecoming autonomouscommunities

1,3 billion inhab.

33 provinces (each from 10 to 80milllion inhab)

Centralized State power but

subsidiarity to lower Provincial levels

Decentralization process since the80s

Provincial and municipalgovernments can establish their ownlegal systems leads to differencesin implementation and coordinationproblems


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Water is a common nationalheritage and belongs tonobody, including the Stateitself

State : only a regulating andcontrolling role

Decentralized watermanagement

- At municipality level fordrinking water supply andsanitation utilities

- At river basin level for waterresources

State ownership of waterdefined in the Constitution

Right to use water must beauthorized by the centralgovernment

Provincial and lower levels ofgovernment can not decide forwater allocation


6/19


Competent ministry: Ministry ofEcology merging different

sectors (cross-sectoralapproach)

Inter-ministerial coordination

- At national level: Inter-Ministerial Mission for Waterunder the Prime Minister

- At local level : inter-servicesmission for water under thePrefect of Department

Competent Ministry : Ministry of WaterResources

But a number of ministries andbureaus involved in water policy (9water departments)

Complicated mechanisms

Overlapping and fragmentation ofresponsibilities between ministries

Insufficient coordination, inconsistentpolicy

Regional variation on interpretation &

implementation


7/19

Legislation

1964 Water Law : founder law of basin management, creation of basininstitutions (Basin Committee for dialogue between users, Water Agency for

funding), cost recovery principle (PP principle)

1984 Fishing Law : ecological minimal flow imposed to dam managers tosustain aquatic ecosystems

1992 Water Law : planning documents at river basin level, overallmanagement of all waters, balanced management between uses with apriority for drinking water supply

2000 European Water Framework Directive : common objectives, methods

and deadlines for the 27 Member States of EU ; achieving a good status ofwaters in 2015 ; applying river basin management to all EU countries

2006 Water and Aquatic Environment Law : updating in financing system ofWater Agencies, creation of the National Agency for Water and Aquatic

Environment


8/19

Legislation

2002 Water Law of the Peoples republic of China (on the basis of an olderlaw of 1988) : key law defining nature of water management in China

water allocation, rights and permits, river basin management, water use

efficiency, protection of water resources from pollution for the first time in China, the 2002 law defines river basin managementinstitutions, requires planning and cost recovery

1997 Flood Control Law 1996 Law on Prevention and Control of Water Pollution 1999 Marine Environmental Protection Law

Translation of central government laws into each provincial legislation+ own provincial regulations : regional differences in the implementation

Conflicts between ministries over policymaking & implementation

Difficulty to enforce the laws on water pollution control and water allocationto urban & rural water users


9/19

River basin management

in France Established by the 1964 Water

Law

Coordination of State policyand State services in eachlarge river basin : BasinCoordinating Prefect

Financially autonomous WaterAgencies with 2 levers foraction (incentive through watertaxes, financial assistancethrough redistribution of funds)

Multiyear planning throughmanagement plans for largeriver basin and sub-basins


10/19

MultiMulti--year management plans : legal status, elaborated in ayear management plans : legal status, elaborated in a concerted wayconcerted way

with all userswith all users, endorsed by the State representatives, endorsed by the State representatives

Large bas inLarge bas in

RI VER BASI N COMMI TTEERI VER BASI N COMMI TTEE

W a t e r Man a g em e n tW a t e r Man a g em e n tMast er Plan ( SDAGE)Mast er Plan ( SDAGE)

Su bSu b -- bas inbas in

LOCAL W ATER COMMI SSI ONLOCAL W ATER COMMI SSI ON

W a t e r Man a g em e n tW a t e r Man a g em e n t

Plan ( SAGE)Plan ( SAGE)

Concerted water planning

at 3 levels

NATI ONAL W ATERCOMMI TTEE

Adv ice on d ra f t l aw s ,

re f o rm s, n a t i o n a lact i on p lans


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Rive r Basin I ns t i t u t i onsinvo l v i ng u se r s

Basin Com m i t t ee : a " W a t e r Pa r l i am e n t "

W at e r Agency : a f i nanci ng i ns t i t u t i ona t r i ve r bas in l eve l

W a te r cha rgesW ate r cha rges

(water consumption,(water consumption, pollution, ))

CC

CC

Elected officialsElected officials

StakeholdersStakeholders

State representativesState representatives

I m p lem en t a t i on ofPo l lu t e r payspr inc ip le

Fin an c ial ac t io np r o g r am m es ( 6 y e ar s) 12 billion euros (2009-2015)

Financial support to WFDprogrammes of measures

Sub sid ies ( g r an t s & l oans)Sub sid ies ( g r an t s & l oans)

(treatments, river restoration,(treatments, river restoration, ))

Red is t r i bu t ion

accord in g t op r i o r i t i es i n t hebas in


12/19

River basin management

in China Supported by the 2002 Water

Law

Combination between riverbasin administratiion andadministrative divisionadministration

Centralized top-down process

7 River Basin Commissionsunder the Ministry of Water

Resourcesriver basin planning, floodcontrol, water allocation, waterprotection, soil conservation,management and construction

projects


13/19

Water planning

2002 Water Law :

- National strategic planning- River basin planning- Regional planning- Mid and long-term plan for demand and supply of water

- Masterplan for integrated management of waterenvironment

- Annual water allocation plans

River basin management holds today a high position inChinas water policy system with specific targets in thenational 5-year plan for environmental protection 2006-2010


14/19

Information and participation

General access to documents,documentation service in each WaterAgency, National Water InformationSystem made available on Internet

Active participation of allstakeholders (national watercommittee, river basin committees,

local water commissions,consultative commissions of usersfor water supply & sanitation utilities)

Consultation procedures of thegeneral public for projects having

environmental impacts

Consultation procedures of thegeneral public for the elaboration ofriver basin management plans(European Directive) : 3 consultationsteps of 6 months each withquestionnaires and public debates

Only consultation proceduresof govermental agencies and

lower administrative levels

No provision for consultation ofstakeholders & general public

Environmental ImpactAssessment Law (2002) allowsthe public to have access toEIA reports but reluctance ofadministrative bureaus and

local officials

Lack of public participation andtransparency, leading to a lackof support from the public towater policy


15/19

Water permitting system

Water Police :

Authorization (or not) of activities forall abstractions and dischargesaccording to the impacts and thevulnerability of the environment

Decision made by the localgovernment (Prefect) aftercoordination between alladministrations concerned

Compliance control with regulations :controllers making reports andsanctions when infringements, penalsanctions by the judge for seriouscases

Permits also required for the rightto use water

Local government has no right toallocate or dispose of waters

Water belongs to the State whichimplements a system combiningcontrol of total water quantity &

management by quota Critical importance because of

droughts. Example: waterallocation plan for the Yellow River

Quotas for industrial water use

A new system of water usepermits and payments is to beimplemented by the State

Total load control permit systemfor wastewater discharge by firms,close down policy for seriouspolluters


16/19

Financing

Specific financial resources forwater collected by WaterAgencies (polluter paysprinciple) : water pays forwater

Multi-year investment program

: Action Plan of the WaterAgency supports investmentsto reduce pollution andpreserve aquatic environments

Current evolution towards amore cost-effective logic andenvironmental logic(optimizing the investment ofeach euro, reaching the goodwater status of the WFD)

Funds transfered from ncentralgovernment to river basinorganizations allowing theirdevelopment

But lack of basin fundingmechanism

2007 : environmentalprotection included as budgetitem in national public finance significant progress in publicfinance for the environment


17/19

Water pricing

Average: 3 euros/m3 (1,5 USD) 0,8 % of household budget

Water bill: a fixed part (coversfixed costs) + a variable part(proportional to consumption)

The water price includes thecost of the drinking water supply& sanitation services + watertaxes levied by Water Agencies

7 different water taxes tointegrate environmental cost,but level of water taxes remainslow for agriculture (politicalissue

New 2002 Water Law

reform of water pricingfrom free/cheap pricing in

the collective era tocommodity pricing

increase in water price

4,5 Yuan / m3 (0,55 USD)for Beijing, one of thehighest in China

1,8 Yuan/m3 (0,22 USD)in Kunming


18/19

Concluding remarks Development of regulations and financial tools in China,

but implementation of IWRM and river basin

management faces many challenges

Issues to be improved: clarification of responsibilities between ministries, cross-sectoral

coordination, basin-wide structures and systems reinforce polluter-pays principle basin funding mechanisms stakeholder and public participation

Usefulness of a partnership for capacity building withInternational Office for Water and INBO within theEU/China River Basin Management Program


19/19

Thank you for your attention!The complete study is available on

www.inbo-news.org

Chinese French law

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