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The French mix between regulation and other drivers

The French mix between regulation and other drivers. Mr Dominique LEFEBVRE Mayor of CERGY, president of Comunity of cities of CERGY PONTOISE Mr Sylvain ROTILLON ONEMA (National agency for water and aquatic environments). The French mix between regulation and other drivers.

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The French mix between regulation and other drivers

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  1. The French mix between regulation and other drivers • Mr Dominique LEFEBVREMayor of CERGY, president ofComunity of cities of CERGY PONTOISE • Mr Sylvain ROTILLONONEMA (National agency for water and aquatic environments)

  2. The French mix between regulation and other drivers • Regulation: French legal framework water specific • Responsible bodies (RBs): the municipalities • France: 63.2 M inhab (2006) • DW supply and WW services: a legal obligation for the mayor • Possibility to cooperate transfer of competence to various forms of cooperation • 12 400 DW utilities and 16 700 WW utilities • a very « low territorial level » for RBs • advantages : decison makers very close to users, high degree of accountability and democracy • inconveniences: poor degree of mutualisation ? not the technical / managerial optimal size ?

  3. French regulation: general framework Geogr level • Regulation- mandatory requirts • compliance • checking NOunique water regulator EU laws lay down most of the mandatory requirements on quality issues: Water framework dir., DW dir., Urban WW treatment dir International RegionalFederal (eg: EU) French laws and regulations set the general legal frame for the organisation and the management ofwater utilities governance social PPPs structure of tarifs Statenat. govt& agencies Several State Depts in charge:Environment, Health, Interior, Finance,…and a new national agency (ONEMA) for data collection, benchmarking and reporting BObasin org 6 public basin authorities (Water agencies) Promote integrated water resources managt. Develop basin masterplans and objectives Perceive taxes and give subsidies 100 « Prefets » (State representants)Regional public accounting chambers Compliancechecking Sub national(Regions,Department)

  4. French regulation (water specific) (1) • differents tools for efficiency improvement • A system of mandatory reports and PIs : SISPEA • annal public report from the head of responsible body • a set of mandatory performance indicators (PIs) • See below p. • Possibility for the RB to introduce direct competition through PPP contracting (p.5) • mandatory mechanisms for transparency and accountability (p. 6)

  5. French regulation (water specific) (2) • Legal mandatory provisions for tarification • In France all connections to DW network are metered • Tarifs must take into account metered volumes • NO fixed charge for unlimited consumption, • « Fixed blocks » are limitedto part of total charge • Accountability: « mayor’s report » (see p. Y) must include a « virtual » bill for 120 m3 / connexion/yin order to facilitate comparisons

  6. French regulation (water specific) (3) • Possibility for the RBs to contract PPPs • NOT an obligation • A public, transparent and inclusive procedure(laid down by « Sapin Law » 1993) • a procedure in 2 steps in the « municipal council » • A first public debate and decision on the principle of contractinfg or not a PPP for the management of utility • A transparent procedure of consultation, selection and finalisation of PPP, with a specific commission including the political minority • Key issues of PPPs are legally regulated : duration, some financial items, transfer of employees, • average current duration ~ 11 years, • Tarifs (prices) are not the only criteria for assessing offers

  7. transparency and accountability • Whatever the type of managementdirect (« régie ») or contracted with PPP • Head of RB (mayor…) must present and publish anannual reportabout the price and qualityof the service provided • Head of RB must install a consultative committee dedicated to local public services CCSPL • « mayor’s report » discussed with CCSPL together with objectives and strategy of the water utility

  8. Regulation, drivers and transparency: the French mix recomm. guidelines standards PIs (perf ind) benchmark • Regulation- mandatory requirts • compliance • checking • Financial • incentives • aids • penalties waterutilitiesresp. bodies RBs • Users’ • Involvement • policy • monitoring Geogr level International Quality(EU directives:WFD, DWD, UWTD) WHO guidelines ISO 2451x RegionalFederal (eg: EU) FR laws SISPEA(Nat syst of Pis) CNECCSISPEA governance social PPPs structure of tarifs Statenat. govt& agencies NF-P-15 900 BasinComm BObasin org Basin Water agencies Taxes subsidies Compliancechecking Sub national(Department) « Départements »subsidies CCSPL Municipalities « Mayor’s report » 29 000 RBs (DW / WW)

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