GERMAN AND EUROPEAN CASE STUDIES

1. GERMAN AND EUROPEAN CASE STUDIES

2. Outline 1: The Nexus Framework in Germany • Policy coordination for addressing the Nexus • The policy framework in Germany • Example of coordination: Fertiliser Ordinance Amendment 2: Case Studies • Groundwater in the Hessian Ried • Pumped-storage plants in Thuringia • Management of the Rhine River basin German and European Case Studies

3. THE NEXUS FRAMEWORK IN GERMANY

4. Approaches To Policy Coordination • Policy areas can be organised according to ministerial sectors or on the basis of coordination at strategic levels • Policy coordination can be defined as ‘positive’ or ‘negative’, based on whether the approach is focussed on alignment or on separate departmental interests • Environmental policy plays a lead role in the pursuit of stronger policy coordination German and European Case Studies

5. How Does Governance Affect the Effectiveness of Nexus Approaches? • The comprehensive, intersectoral character of the WEF-Nexus approach requires intensive communication and cooperation between decision makers across the three sectors • This means that effective governance instruments and mechanisms are required to effectively recognise the interdependencies between the WEF sectors in decision making processes and to identify integrated policy solutions that minimise trade-offs and maximise synergies German and European Case Studies

6. Policy Framework for Managing the Nexus Rasul, 2016 German and European Case Studies

7. Managing Conflicts in Integration Reforms Figure based on Al-Saidi, 2017 Main coordination & cooperation channels in Germany: Legal, e.g. administrative and financial accountability Political, e.g. political programmes and strategies Voluntary, via negotiations, discussions, mediations German and European Case Studies

8. Special Context of the German Case Late 19th century and 1st half of 20th century • Long tradition of environmental protection, 1st forest protection law in 1875 • Development of common scientific and regulatory jargon • Origins of environmental associations • European rivers as critical for industrialisation, e.g. navigation pathways and ports 2nd half of 20th century • Federalism, decentralisation and (environmental) subsidiarity • Green political parties and incorporation of environmental interests • EU integration and harmonisation of environmental policies 21st century • Reorientation of policies towards ecological and energy transition • Promotion of more integration to promote renewables, sustainable consumption & production, digitalisation and security of vital infrastructure German and European Case Studies

9. Mechanism and Instruments for Nexus Coordination in Germany • Joint Rules of Procedure of the Federal Ministries (JRP) • Federal Government as primary arbitration, mediation and coordinating body • Inter-ministerial committees and working groups as coordination institutions between discipline-specific ministries • Involvement of subject matter experts, relevant stakeholders and the general public in national policy processes German and European Case Studies

10. Nexus Cooperation in Germany Federal Government Inter-ministerial committees and working groups Lead ministry (responsible for the concern) Procedural instrument Joint Rules of Procedure of the Federal Ministries Federal states AND Communal organisations Involvement of technical expertise Governed by underlying sector related laws Public Involvement Institution Procedural instruments and policies German and European Case Studies

11. Vertical Nexus Coordination in Germany Federal States Federal Government MainINFORMALmechanism forverticalcooperation MainFORMALmechanisms forverticalcooperation Special Ministerial Conferences Working groups Federal and state discussions Conference of Environment Ministers German Working Group on Water Issues Examples: political top-level talks, federal and state discussions Discuss common approaches and determine official positions of the involved sectors Discuss procedures in the enforcement of laws and law implementation problems, as well as design guidelines for the implementation of legislation The Conference of Environmental Ministers: coordination of implementation of existing environmentally relevant laws in the federal states German and European Case Studies

12. Intersectoral Coordination and the Example of the Fertiliser Ordinance Amendment • Violation of The European Community (EC)-Nitrates Directive • This initiated the amendment of the fertiliser ordinance in Germany • a complex process with the involvement of different sectors and actors, which required both horizontal and vertical cooperation mechanisms German and European Case Studies

13. Horizontal and Vertical Cooperation: the Example of the Fertiliser Ordinance Amendment European Commission sues Germany before the European Court of Justice Federal Government: Involvement of Parliament and Federal Council: Public Expert Hearing in German Parliamentary Committee for Food and Agriculture / Regulative hearings / meetings discussions Federal Ministry for the Environment, Nature Conservation, Building and Nuclear Safety; Federal Ministry for Economic Affairs and Energy Procedural Instrument Joint Rules of Procedure of the Federal Ministries Lead ministry : Federal Ministry of Food and Agriculture Federal states AND Communal organisations: Federal States Working Group Evaluating the Fertiliser Ordinance Technical expertise: The Scientific Advisory Council for Fertiliser; the Scientific Advisory Board on Agricultural Policy, Food and Consumer Health Protection; German Advisory Council on the Environment The fertiliser law stipulates that the public are to be consulted regarding any changes to the fertiliser ordinance. Public Involvement Institution Procedural instruments and policies German and European Case Studies

14. QuestionsPlease answer with regard to your country or region • Does a policy framework exist to address Nexus issues in your country? • If so, how comprehensive is the framework? • Are environmental concerns addressed in planning processes? • What cooperation mechanisms exist to resolve Nexus issues? • Are these processes formal, informal, or both? German and European Case Studies

15. CASE STUDY: GROUNDWATER MANAGEMENT IN THE HESSIAN RIED

16. The Hessian Ried Dried out landscape Location of the Hessian Ried Settlement cracking Rueppel & Gutzke, 2004 German and European Case Studies

17. User Conflicts • Have derived from: • Alteration of natural landscapes to cultivated landscapes • Pollution inputs from agriculture • Intensive exploitation of groundwater resources • Conflicts occur in both dry and wet years, and have led to the following: • Dry years - forest dieback, road damages, failures in agricultural irrigation, settlement cracking in buildings • Wet years - flooding, inability to properly cleanse the sewer system German and European Case Studies

18. Solutions: Nexus Relevant Instruments Regulatory law complemented by voluntary cooperation • Stakeholder involvement • Technical expertise FORMAL instrument: Legally binding instrument INFORMAL instrument Voluntary cooperation Vertical Hessian Ried Groundwater Management Plan with legally binding standards - Hessian Ried Round Table - Cooperation in Water Supply and Agriculture Horizontal • Advantages deriving from the connection of regulative instruments with voluntary informal cooperation practices: • A regulative instrument is made available with binding standards for water management planning • The voluntary cooperation forms provide an instrument which ensures that interest of all actors and sectors as well as regions are represented German and European Case Studies

19. Solutions: Groundwater Management • Groundwater extraction from Hessian Ried provides a significant contribution to the water supply of the Frankfurt Rhine-Main metropolitan region • Use of water infiltration to ensure sufficient irrigation for agriculture and the raising of the groundwater level in dry years • The Hessian Ried Groundwater Management Plan • Targeted groundwater levels are defined and an action plan is developed German and European Case Studies

20. Solutions: Monitoring and Enforcing Groundwater Rules • Groundwater protection zones • A process exists to apply for a groundwater extraction permit • Examined whether natural resources will be impaired • Binding standards exist for water management planning • Groundwater extractions and infiltration are managed by the water associations. This adherence is controlled by the responsible water authorities German and European Case Studies

21. Solutions: Groundwater Management Wells for drinking water Infiltration Rhine River Odenwald Forest Groundwater Heiland, Weiner, & Nemüller, 2017 German and European Case Studies

22. Solutions: Groundwater Management Measured groundwater levels at a station in the Hessian Ried Rueppel & Gutzke, 2004 German and European Case Studies

23. Solutions: Round Table • A round table works on improving the groundwater situation • The primary objective of the round table discussion was to achieve a sustainable improvement of forest conditions in Hessian Ried • The round table operates under a neutral moderation process • A carefully arranged round table under recognised and neutral management creates trust and enables viable compromises Round Table Workshop: Picture Source: https://umwelt.hessen.de/sites/default/files/media/hmuelv/abschlussbericht_vom_april_2015.pdf German and European Case Studies

24. Participation in the Round Table Round Table Hessian Ried: Participating stakeholders, Moderation: Dr. Bernd Kummer, Regional public administration Ministry of environment Ministry for economy Interest groups Forestry Water suppliers Environmental groups Agricultural associations Action groups against structural damages Municipalities Regional councils Cities and communities (Kummer 2015) German and European Case Studies

25. Challenges Encountered • Costly process in terms of time and money for deliberations and negotiations • The traditional approach of hiring consultants would be less costly • Sustainability of round tables and other problem-based (not management function based) participation configurations • Lack of political will to implement the recommendations elaborated by the Round Table • The interdisciplinary and cross-sectoral complexity of the subject (the need to consider different aspects in identification of the solutions: environmental, technical, legal and financial aspects) German and European Case Studies

26. Case Study Challenges: Conflicts and Solutions • Different interests of the forestry sector, communities and agriculture (the need to increase the groundwater level for the forest and the risk of waterlogging for agriculture and settlement areas) • Different interests of the forestry and nature conservation associations (economic aspects and stable forest against biodiversity protection) German and European Case Studies

27. Participation in the Round Table: Why stakeholders want to cooperate • Strong complexity and interconnections between agriculture, forestry, groundwater and human settlements. Any decision in one sector directly affects the others • Based on previous experience, the actors know that they have to cooperate, otherwise decisions and changes can create negative impacts on their sector (Kummer 2015) German and European Case Studies

28. Solutions: Cooperation in Water Supply and Agriculture • Voluntary cooperation used to confront the increasing nitrate pollution • This includes cooperation with relevant specialists • Consultation of farmers is also guaranteed • Declining nitrate levels in the water demonstrated its success • The EU Water Framework Directive established a fundamental paradigm shift • Threshold values are no longer exclusively formulated with regards to the drinking water quality • Values are based off a comprehensive approach in protecting groundwater assets and interests German and European Case Studies

29. Nexus Evaluation • A trustworthy cooperation between the different user groups is required • Binding groundwater management plans accomplish planning security for all parties • The monitoring of groundwater levels and groundwater quality is a vital step • Voluntary cooperations position the actors to work together • Configurations that are: • Based on specialist knowledge • Neutral to special interests • Geared to the long-term • The implementation of policies requires dependable political decisions German and European Case Studies

30. CASE STUDY: PUMPED-STORAGE PLANTS IN THURINGIA

31. Pumped-storage Plants in Thuringia Pumped storage plant in Thuringia (Wirtschaftsspiegel Thüringen, 2011) Typical pumped-storage plant (Miller & Winters, 2009) German and European Case Studies

32. Pumped-storage Plants in Thuringia • Goldisthal pumped-storage plant (PSP): • Began operating in 2003 • Environmental organisations filed legal action based on landscape and ecological interference • An out-of-court settlement was reached • In 2011, a potential analysis of PSPs in Thuringia was commissioned: • Identified locations suitable for new PSPs • Determined dams and reservoirs that could be converted to PSPs • For two PSPs, regional planning procedures were applied for and carried out German and European Case Studies

33. Instruments: Regional Planning Procedures • Regional planning procedures (RPPs) are carried out to examine the land use impact of regionally significant developments and activities • RPPs deal with energy and agricultural systems alongside water management issues • Conversely, forestry and agricultural management are not covered in detail • Affected neighbouring states participate in the RPP • The public can be involved and engaged in the implementation of a RPP • Common methods are public display of plans, information sessions and position statements German and European Case Studies

34. Regional Planning Procedures for Potential Plants • Environmental impact assessments (EIAs) and public involvement were integrated in both RPPs • Statements received on the plans by public interest institutions, action groups and citizens • For one PSP, a round tables was established, which made recommendations to the highest-tier regional planning authority • The RPPs for both potential PSPs found that the plans could comply with the regional and state planning requirements German and European Case Studies

35. Nexus Evaluation: Pumped-storage Plants • Through appropriate legislation and planning procedures, the public authorities ensure that other sectors are adequately incorporated • Regional plans and regional planning procedures can effectively address issues in the water-energy-food Nexus • Provide greater planning security • Bring spatially compatible and fair solutions • However, required time and costs are high • Environmental assessments at all planning levels ensure a comprehensive consideration of various environmental issues German and European Case Studies

36. Case Study Challenges • Balancing technological innovations (pumped-storage) with strong protection interests (status-quo oriented) • Cost of participation is sometimes high and not all interests are represented due to cost and time constrains • Regional planning procedures allow public participation, but not collective decision making • Some projects are delayed or the costs increase after approval, leading to political problems German and European Case Studies

37. CASE STUDY:RHINE RIVER BASIN

38. The Rhine River Basin • Total area of 200,000 km² • Most intensively used river in Europe • 60 million people live in the basin • 30 million people depend on the Rhine for drinking water • 6 important industrial hubs use the river • Important waterway for navigation and transport (30 million tonnes yearly) • Almost half of the surface of the basin used for agriculture German and European Case Studies

39. The Rhine River Basin: Timeline of Events 1 2 3 19th Century: Strong growth from the Industrial revolution -> high pollution -> river straightening -> little awareness 19th/20th Century: Problems with drinking water and irrigation water downstream in the Netherlands 4 1950: First group for river protection was established -> one key achievement was a uniform measurement programme 1963: International statute (5 countries) on the protection of the Rhine 5 1976: Emission standards agreed upon for numerous substances 6 7 8 1977: First time that water quality improved 1986: Fire in Sandoz-AG warehouse -> Pesticides cause great environmental damage 1987: Strong pressure on government leads to the Rhine Action Programme 9 Post-1987: Stricter requirements for municipal and industrial wastewater treatment plants. One goal was to have salmon living once more in the river 11 12 10 1987 to 1999: Development of an integrated transnational water management system -> includes action plans 2015: Internationally coordinated management and flood risk management plans 1993 and 1995: Catastrophic flooding events German and European Case Studies

40. Major Causes of Conflict • Conflicts of use between water supply and agricultural use • Agricultural, industrial and municipal discharges into the river and its tributaries • Balancing the uses of limited water and land resources • Water used in energy production and in cooling towers German and European Case Studies

41. The International Commission for the Protection of the Rhine (ICPR) • The ICPR provides a stabile organisational structure • The ICPR’s work is based on international treaties • ICPR supports a number of subcommittees • Some cooperation principles are as follows: • Political mandate • Political trust and no sanctions • Unanimity • Decisions are recommendations • Exchange of technical know-how • Decentralised structure • Consideration of all sectors (and organisations can apply to be present at meetings) German and European Case Studies

42. Rhine River Basin - Nexus Evaluation • External factors have triggered most cooperation processes • A binding framework for cooperation in an international river basin was implemented • A collective consciousness of the river and catchment area was achieved - establishing this and disseminating information is identified as very important • However, the important agricultural and energy sectors are currently only involved in a secondary role German and European Case Studies

43. Summary: Comparison of Case Studies German and European Case Studies

44. QuestionsPlease answer with regard to your country or region • What were the most instruments used to address Nexus issues in these case studies? • In your country, does addressing Nexus concerns typically involve a reactive or proactive approach? • What lessons learnt from the German and European Case Studies can be transferred to your country? German and European Case Studies

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