Water governance in France - ASTEE

1. The evolution of water
governance in France
from the 60’s
Dr. Marine COLON & Eng. Sophie RICHARD,
Teachers & researchers at Agroparistech - UMR G-EAU
Prof. Pierre-Alain ROCHE, Hon. President of ASTEE
9th Meeting of the OECD Water Governance Initiative - 3rd of July 2017, OECD, Paris 1

2. Outline
1. Evolution of the regulation
2. Trends for WSSS governance
3. Trends for water resource governance
4. Conclusion
2

3. Overview of major laws
3
1st Water Act:
Creation of Basin
committees and
Agencies
1964
2nd Water Act:
Water as common
inheritage, Water
Masterplans
1992
3rd Water Act
(derived from WFD):
Restoration of good
status
2006
Biodiversity Law:
Integration of water
policy into
biodiversity policy
2016
1993/1995
Sapin, Mazaud and
Barnier Acts: Rules
for competition and
transparency
Creation of National
Information System
on WSSS
2002
Local
Democracy
Act: Creation
of Users
committees
2014/2015
NOTRe and
MAPTAM Acts:
Reshaping and
strengthening local
authorities
Integrated Water Resource Management
Water Supply and Sanitation Services

4. Towards stronger local authorities
4
1st Water Act:
Creation of Basin
committees and
Agencies
1964
2nd Water Act:
Water as common
inheritage, Water
Masterplans
1992
3rd Water Act
(WFD): Restoration
of good status
2006
Biodiversity Law:
Integration of water
policy into
biodiversity policy
2016
1993/1995
Sapin, Mazaud and
Barnier Acts: Rules
for competition and
transparency
Creation of National
Information System
on WSSS
2002
Local
Democracy
Act: Creation
of Users
committees
2014/2015
NOTRe and
MAPTAM Acts:
Reshaping and
strengthening local
authorities
1982-1983 : 1st
Decentralization Act
2003-2004: 2nd
Decentralization Act
2014-2015: 3rd
Decentralization Act

5. 2. Trends for WSSS governance
5

6. The French model of regulation
6

7. A diversity in types of operators
7
39%
61%
Water Supply Services
Public
operator
Private
operator
59%
41%
Sanitation Services
Public
operator
Private
operator
Part of the French population
served by public or private
operators in 2014:
Public operators :
- are entities supervised by local authorities
- may be a Local Public Enterprise with
private shares
- may sub-contract with private companies
for maintenance, billing etc
Private operators are under lease contract or
concession contracts.
Infrastructures always remain in the public
realm (no divestiture).
(French Agency for Biodiversity, 2017)

8. Towards fewer WSSS by 2020
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+ Reinforce sunshine regulation at national level
+ Foster better contracts management and increase productivity
- Lower vicinity to users ?
Strength of
the service
2015 2020 Supplied population
Powerful 20 20 P > 300,000
Strong 200 300 50,000 < P < 500,000
Weak 2,000 1,400 15,000 < P < 100,000
Very weak 22,000 200 P < 15,000

9. 3. Trends for water resource
governance
9

10. Three steps on Water policies in Europe
10
1980 1990 2000 20101970
1986
Single European Act:
EC mandate for environment
1973-1986:
no EC mandate for
environment
Quality
objectives
and
standards
Permissible
levels of
discharge
Emission
standards
and zoning
1987-1992:
pollution control
& environmental
protection
Water Framework
Directive (WFD)
1993-2000 and onwards:
sustainable development,
integrated management &
subsidiarity
Zoning, environmental
standards and quality
standards for all
waters
Organic matter
Nitrate, phosphorus
Pollutant
Dangerous substances Pesticides
Endocrine disruptors
Micropollutants
Point source pollution
Dangerous substances
Non point source pollution
2012
Water
Blueprint

11. The implementation of IWRM in France
11
• At national level:
• national strategies
• National Water Committee
• At main river basin catchment
level:
• 6 Basin Agencies and
committees
• Design and monitoring of
basin masterplans
• At smaller catchments level:
• Dedicated institutions and
participatory governance

12. Basin committees: sharing power
12
Water user
representatives
State
representatives
2017
Regions ↗
WSSS ↗
Basin institutions ↗
Districts ↘
Municipalities ↘
40%
20%
40%
Local
Authorities
representatives
Industry
Agriculture
NGOs
Professional
water users
Non-
Professional
water users
2017
2016

13. • “Water pays for water” :
solidarity at basin scale
• The consumer and the
polluter pay
13
• Contribution of Water
Agencies to national
expenses
• Extension of mandate of
Water Agencies
• National Water Agency
becomes National Agency
for Biodiversity
The evolution of the water resource
management paradigms in France
Problem formulation Policy designed in response
Water pollution as major
environmental problem
Emergence of other
environmental concerns
Water, a part of
environmental issues
1964
2003
2017

14. 4. Concluding remarks
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15. French experience and the WGI principles
• The French water governance model has been in line with
the WGI principles for years
• The framework has been stable which creates confidence
• Decentralization has played a big role in introducing step by
step reforms in a general trend
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16. Always changing within a consensual frame
• Not a rational/static Water Policy Cycle but pragmatic
adjustments to new realities, disputes as main drivers
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Policy
formulation
Policy
implementation
Policy
monitoring
Policy
evaluation
New policy
formulation
New
concerns
Pressure /
Disputes
Authorities
questionned
Decisions / New
regulations
Implementation
Water Policy Cycle in theory Water Policy Cycle in practice

17. Thank you for your attention!
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