PUBLIC PARTICIPATION, NGOs AND THE WATER FRAMEWORK DIRECTIVE IN CENTRAL AND EASTERN EUROPE

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1 PUBLIC PARTICIPATION, NGOs AND THE WATER FRAMEWORK DIRECTIVE IN CENTRAL AND EASTERN EUROPE BUDAPEST, TH MARCH 2001 Organised and facilitated by: WWF Danube-Carpathian Programme BACKGROUND Supported by: Global Water Partnership (CEE Technical Advisory Committee) The Water Framework Directive offers significant opportunities for enhanced and more sustainable environmental management throughout Europe. Demanding, as it does, integrated approaches to river basin management, international co-operation, public participation, and fuller costing of environmental goods and services, the Directive will set the foundation for decision-making in all countries within or seeking to join the European Union. Public participation is a sometimes neglected, yet vital, component, of this "new" approach to water resources management. Experience shows that the involvement of civil society in planning and decision-making enhances the overall chance of success, but that it takes a long time. In order to make this ambitious Directive workable, therefore, public participation, including provision of information, capacity-building, engagement of stakeholders, and involvement in decisionmaking fora and in monitoring and control of implementation, needs to be encouraged as soon as possible. This workshop identified and explored possibilities for doing this. OBJECTIVES & OUTPUTS The overall objective of the workshop was to: identify obstacles hindering, and opportunities for enhancing, public participation in CEE countries' preparations for, and the implementation of, the Water Framework Directive. Outputs included: a list of prioritised actions for ensuring NGO participation in the planning processes connected to IRBM and the Directive (see "Conclusions" below); heightened NGO awareness of the implications of the Directive; greater understanding of the relevant competent international bodies (European Commission, ICPDR, Helcom) and of the blockages to NGO involvement so far; an embryonic NGO network for the competent international bodies to draw upon for advice on public participation; and raised profile of the Global Water Partnership and its mission of promoting IRBM in CEE. WWF/GWP "Pan-CEE NGO Conference on Public Participation and the Water Framework Directive" 1

2 PARTICIPATING ORGANISATIONS CEE NGOs present: Bion Institute, Ljubljana, Slovenia CEE Bankwatch Network, Budapest, Hungary Danube Circle, Budapest, Hungary Danube Delta Friends Foundation, Sulina, Romania Drava League, Koprivnica, Croatia Ecological Movement of Moldova, Chisinau, Moldova Eco Counselling Centre/DEF, Galati, Romania Ecosouthwest, Blagoevgrad, Bulgaria Estonian Fund for Nature, Tartu, Estonia Focus Eco Centre, Targu Mures, Romania Friends of the Earth Estonia/Estonian Water Association, Tallinn, Estonia Green Action, Zagreb, Croatia Green Pannonia, Barcs, Hungary INQA Moldova, Chisinau, Moldova Institute for Integral Development and Environment, Domzale, Slovenia Lake Engure Nature Park Foundation, Latvia Lower Silesian Foundation for Sustainable Development, Wroclaw, Poland Klub Gaja, Bielsko Biala, Poland Mama 86 Environmental Movement, Odessa, Ukraine Mama 86 Environmental Movement, Kiev, Ukraine Peipsi Centre for Transboundary Cooperation, Tartu, Estonia People and Water, Kosice, Slovakia Serbian Ecological Society, Belgrade, Yugoslavia Union for Morava River, Brno, Czech Republic Veronica, Brno, Czech Republic WWF Bulgaria Country Representative, Sofia, Bulgaria WWF Hungary, Budapest, Hungary WWF International Danube-Carpathian Programme WWF Latvia Country Office, Riga, Latvia WWF Ukraine Project Office, Odessa, Ukraine Zeus, Donja Dubrova, Croatia Also present: DHV Consultants Kft., Budapest, Hungary European Commission, DG Environment, Brussels, Belgium European Environmental Bureau, Brussels, Belgium Global Water Partnership Bulgaria, Sofia, Bulgaria Global Water Partnership CEETAC, Budapest, Hungary Global Water Partnership Secretariat, Stockholm, Sweden ICPDR Secretariat, Vienna, Austria REC, Szentendre, Hungary WWF UK, Godalming, England WWF/GWP "Pan-CEE NGO Conference on Public Participation and the Water Framework Directive" 2

3 DESCRIPTION In total 43 participants, drawn from 40 organisations in 17 different countries, came together in the Hotel Bara, Budapest, in order to achieve the conference objectives. Presentations, discussion sessions, small groups work, film shows and informal social activities all featured in the two-day event. The presentations included the following: Drava League: Water Management in the Drava river basin in Croatia, in which this recently-formed coalition of NGOs described the natural and cultural values of the Drava, outlined their difficulties in gaining access to information regarding possible hydro-electric infrastructural developments on the river, and offered the basis for alternative development scenarios based on local decision-making and sustainable activities. Additional speakers also discussed international concerns regarding possible additional dam development in the Drava basin (Hungary s position). DG Environment, European Commission: Overview of the status of the Water Framework Directive, in which the timetable for compliance was described, including the plans for implementation, and outlining why and where public participation was deemed to be necessary. Danube Circle: Film presentation: Requiem for the Blue Danube, a half-hour documentary film made by Adam Csillagh which chronicles the Gabcikovo dam development from the 1970s to the present day, shown to provoke debate on how to ensure integrated, and international, forms of co-operation and sustainable river basin management. European Environmental Bureau: The Water Framework Directive: Nine key points for successful implementation, which highlighted many of the contentious issues, possible obstacles, and areas requiring active NGO and public participation, including especially the working groups established as part of the Commission's "Implementation Strategy" on for example, economic aspects (water pricing), heavily modified waters, and best practices in river basin management. Global Water Partnership: Overview of GWP activities in CEE, describing the mission and values of the GWP initiative and its promotion of integrated water resource management, outlining activities in CEE to date including the establishment of stakeholder "Water Clubs" in certain countries of the region. ICPDR: The Water Framework Directive, public participation, and the Danube river basin, in which the role of ICPDR as coordinating body for international aspects of the Directive's implementation was presented, as well as NGO participation to date and future opportunities, including the proposed GEF "Danube Regional Project". WWF Danube-Carpathian Programme: Overview of public participation and the Water Framework Directive, describing why public participation is needed, and placing the conference into the context of the decline in the sustainability of water resources throughout Europe. WWF/GWP "Pan-CEE NGO Conference on Public Participation and the Water Framework Directive" 3

4 WWF-UK: Public participation and the wise use of floodplains and wetlands, which highlighted the current LIFE-funded project in several EU countries which is attempting to distill "best practice" principles for stakeholder involvement from concrete on-the-ground participatory planning initiatives. Many other contributions were made by participants throughout the proceedings. CONCLUSIONS In General: It was discussed and agreed that public participation is necessary for successful implementation of the Water Framework Directive, and indeed sustainable environmental management as a whole (including water resources), because: 1. Decision-making, planning, monitoring etc. needs good information, e.g. on water impacts and pressures and hence on elements for the development of measures to achieve "good status", and this information is often locally-held; 2. Beside mere information, essential NGO and public input provides an increased pool of ideas and knowledge as a basis for policy formulation and decision making; 3. "Ownership" of plans (resulting from involvement in planning) improves the chances of successful implementation when Programmes of Measures are acted out; 4. NGOs are often needed by the European Commission to play a "watchdog" role concerning implementation of EC legislation; and also because 5. NGOs have a key role in strengthening public awareness on water issues, as well as in empowering public responses to government actions, and organizing and leading public initiatives. 6. Decisions regarding environmental management and social and economic development should simply not be taken without involving the public (it is a democratic right). 7. Long practice of public involvement will help gradually build a culture of co-operation and prevent conflicts and tensions. On Timing, Scales, Levels: Attention was paid, particularly during the group work, to the questions of when, at what geographical scale, and on what level public participation is required. 1. Public involvement is needed now, immediately, as soon as possible ("yesterday"), in order to facilitate the process. Any idea to simply "publish" or "inform" stakeholders of timetable for the development of river basin management plans, significant water issues in the area and the draft river basin management plans was agreed to be erroneous and likely to lead to failure during implementation. Member States should now (to finish by 2004) be WWF/GWP "Pan-CEE NGO Conference on Public Participation and the Water Framework Directive" 4

5 working towards achieving River Basin District characterisation, including setting up reference conditions; and the analysis of impacts and pressures and the economic analysis of water use per District. These elements will be the basis for the development of Programmes of Measures to achieve "good status" to be included in the river basin management plans. If the public is not involved in all these analyses, though sharing of information and consultation, vital information may be lost and also acceptance of the results and the need for the measures may be placed in jeopardy, leading to no achievement of "good status" by Public involvement is appropriate and required at all geographical scales and at all decision-making levels, including: internationally (for example through relevant bodies such as the ICPDR or Helcom in order to disseminate information and raise awareness, as well as to provide key inputs); at the catchment or sub-basin level (for example to input into joint planning of e.g. possible Tisza or Drava cross-border development plans); nationally (for example to provide information for national decision-making regarding transposition of legislation); and locally (for example for inputting local expertise and knowledge and stakeholder viewpoints into co-ordinated rural/regional development planning and the integration of for example nature conservation). On What is Needed in Order to Contribute Effectively: For NGOs in CEE (as with elsewhere in Europe) to contribute effectively to these processes, certain needs and gaps must be filled. It must be recognised that if public participation is to be secured in a meaningful way, significant financial investments and changes in the nature of relationships between, for example, government and civil society, are required. 1. Capacity-building is urgently required for NGOs. Policy expertise is often lacking, whilst energy, enthusiasm, commitment and expert (local) knowledge on the scientific and social aspects is not. 2. NGOs have a key role to play in strengthening public awareness of the main issues surrounding water, especially in relation to schools, but also the general public. Many initiatives are underway, but they require additional funding and support. 3. NGOs must be better organised, and can often probably do this with requiring additional external funds. Relevant networks already exist, such as the European Environmental Bureau-co-ordinated informal water policy information network, GWP, and WWF's policy network, and CEE NGOs should actively become engaged in these in order to share information and form meaningful, often international, alliances. 4. NGOs can (and already do) play the valuable role of interfacing between science and society, but this needs to be strengthened in order to maximise the benfits and inputs from civil society in CEE to the relevant planning processes. WWF/GWP "Pan-CEE NGO Conference on Public Participation and the Water Framework Directive" 5

6 On Proposed Next Steps for Assisting with Planning, Implementation, and Monitoring: 1. A "resource inventory" or analysis of existing CEE NGO expertise on river basin management, sustainable water management, public participation, integration of sectoral policies, economic instruments and other relevant areas should be compiled, in order to assess the key areas and extent to which NGOs in CEE can and will play a role in implementing and monitoring the Directive's many activities. 2. A CEE "Expert Pool" should then be established and managed, through which relevant and much-needed CEE expertise can easily and effectively be supplied to the European Commission (e.g. for inputs into the working groups of the forthcoming EC-Member States' WFD Implementation Strategy) and other relevant bodies such as ICPDR and Helcom. 3. Thus an informal CEE NGO network of interested and competent individuals and organisations should evolve, linked in to the relevant international policy and information networks, in order to strengthen cooperation and joint actions. This will act as a type of open, transparent think-tank on water issues, and also facilitate the securing of the best available experts (and practices) for inputting into and guiding different aspects of the Directive's development and implementation. 4. In particular, the EC-Member States' WFD Implementation Strategy working groups on Heavily Modified Waters, Economic Aspects (water pricing), Monitoring, and Best Practices for River Basin Management require and deserve significant CEE civil society inputs. At present this is at best an ad-hoc process, at worst it is completely lacking. 5. There is currently no working group on "Public Participation" in the EC-Member States' WFD Implementation Strategy and this seems to be a significant omission. The European Commission, together with Member States and the accession countries, should establish such a working group as soon as possible, rather than waiting for later or treating public participation as merely an "add-on" to an existing working group. Meanwhile, the EC should ensure that any NGO "inputs" on this issue, such as the conclusions of this Conference, are recognised and taken into account/incorporated in the Joint Strategy. 6. In the meantime, CEE NGOs should jointly and transparently initiate a process for drafting Guidelines on Public Participation, and should offer these to the European Commission for discussion and input and amendment and eventually adoption. If the European Commission does not wish to participate in this process, the agreed "pan-cee" guidelines will be used throughout the region as a benchmark against which to measure the performance of the EC, accession countries, and other bodies such as ICPDR and Helcom. Again, however, the EC should ensure that these NGO efforts are recognised and taken into account/incorporated in the Joint Strategy. 7. Pilot projects throughout the region, demonstrating participatory approaches and good practices, should be designed and funded and implemented, in order to highlight how creative, perhaps "alternative" approaches to water management can strengthen the implementation of the Directive. These can be targeted at especially international funding sources such as the EC LIFE Fund, GEF, and others. WWF/GWP "Pan-CEE NGO Conference on Public Participation and the Water Framework Directive" 6

7 8. NGOs should take advantage wherever possible of existing or planned structures and seek (and be allowed to) contribute as actively as possible in the formation and activities of, for example, river basin councils, GWP-facilitated Water Clubs, stakeholder water parliaments, and others. For this to occur, there needs to be open access, transparent structures and processes, and a spirit of equality and cooperation. 9. To these ends, it was suggested that GWP support national NGO workshops in each (GWP-participating) country, in order to maintain momentum developed by the conference and to seek common ground on the possible inclusion of environmental NGOs into current or planned national Water Clubs. On Hydro-electric and Other Water Engineering Projects: A number of possible developments, including both hydro-electric systems and canalisation projects, are being discussed in different parts of the region. The conference's attention was drawn to possible developments of this kind on the Drava river in Croatia and the Vistula and Odra rivers in Poland. This issue is also present in Bulgaria. 1. A CEE stakeholder conference on dams and the Water Framework Directive should be urgently organised, possibly facilitated and supported by the GWP/WWF, and possibly using the World Commission on Dams Guidelines as a basis for disussion, in order to raise awareness of these issues and to openly discuss whether alternatives exists and/or are being considered. Particular attention should be paid to the entry into force of the nodeterioration clause of the WFD vis-a-vis this water infrastructure projects, and its implications for the possible infringement on the EU environmental acquis in the context of the fulfillment of the conditions for EU-Accession and use of Pre-Accession funding. More info: WWF Danube-Carpathian Programme Office Claire Thilo, , claire.thilo@wwf.at WWF European Policy Office - Julian Scola, , jscola@wwfepo.org WWF/GWP "Pan-CEE NGO Conference on Public Participation and the Water Framework Directive" 7