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Ref. SA 07-002 Review of the International Water Resources Management Policies and Actions and the Latest
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17. FRANCE
17.1 Water Resources Management Policies and Actions
In March 2007, the Water Department of the French Ministry for Ecology and
Sustainable Development has issued a document named “Public water policy in
France”, which states the status of water policy in France, including the implementation
of the EU Water Framework Directive (WFD) and other regulations into the French
Law.274 More details for the laws are discussed below.
This document for water policy in France was drafted based on four principles:275
• A global or integrated approach, taking into account the physical, chemical and
biological balance of ecosystems
• An area adapted to water resource management: the catchment basin
There are totally seven catchments in France. Each catchment basin committee has
adapted a blueprint for Water Development and Management. More details are
discussed below.
• Consultation and participation from various user categories
French water policy is based on consultation and the participation of stakeholders,
whether they are water users, manufacturers, farmers, environmental protection
organisations or consumer rights organisations.276
• Financial incentives: the polluter-payer and user-payer principle:
“Abstraction” and “pollution” taxes are in proportion to the amount of water
abstracted and pollutants inputted. The taxes are then redistributed in form of
funding to support programmes to fight pollution, and manage water resources and
aquatic environments.277
Legislations
There were three laws which provide the basis for French water policy, including the
1964 Water Act, 1984 Fishing Law and the 1992 Water Act. The 1964 Water Act
established a water regime and distribution plan and launched the anti-pollution
movement in its natural milieu. The 1984 Fishing Law sets out provisions for a reform
of freshwater fishing, and damage prevention to the freshwater environment, and
establishes the law enforcement with regard to fishing.278 The 1992 Water Act gave a
further boost to the French water policy. It was decided that:279
• Water is a national heritage. Its protection and development as a usable resource is
in the public interest.
274 Full document of “Public water policy in France” can be obtained in
http://www.ecologie.gouv.fr/IMG/pdf/public_water_policy_france.pdf
275 Extracted from http://publications.ecologie.gouv.fr/-General-organisation-.html
276 Extracted from the “Public water policy in France”,
http://www.ecologie.gouv.fr/IMG/pdf/public_water_policy_france.pdf, page 7-8
277 Extracted from the “Public water policy in France”,
http://www.ecologie.gouv.fr/IMG/pdf/public_water_policy_france.pdf, page 8
278 Extracted from the “Public water policy in France”,
http://www.ecologie.gouv.fr/IMG/pdf/public_water_policy_france.pdf, page 6
279 Extracted from the website of “water in France”, under “Water and the Law” page,
http://www.lesagencesdeleau.fr/
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• The management of water resources aims at ensuring (i) the preservation of aquatic
ecosystems and wetlands, (ii) the protection and restoration of surface and
underground water quality, (iii) the development and quantitative protection of
water resources to ensure public health, economic and leisure activities
requirements.
• Domestic wastewater collection and treatment will become compulsory nationwide
by the year 2005.
• A protective perimeter must be created around each drinking water catchment
basin.
• The role of water policy is strengthened.
A new law on water and wetlands was adopted in 2006 to fulfil European requirements
and to therefore achieve good water and aquatic environment status in 2015. The law
institutes the right to drinking water access in economically acceptable conditions for
each individual and makes the workings of the public water and sanitation service more
transparent. The law also creates a framework incorporating the necessary climate
change-related adaptations.280
Flood prevention policy was adopted in France to protect humans and reduce
vulnerability. In order to ensure better anticipation of flood phenomena and improve
continuous information, the Central department for hydrometeorology and flood
forecasting support and 22 flood forecasting services are created. The risk law passed
in 2003 has led to some significant advances in terms of flood prevention, including:
• Informing, preventing and raising awareness of the risk.
• Developing new preventive tools.
• Aiding the work of local communities.
• Reducing the vulnerability of floodable zones and repairing damage.281
Other actions or programmes related to water resources management
In accordance with the European WFD and for the purpose of ensuring transparency,
France organised a consultation procedure from May to November 2005 to gauge public
opinions with respect to the working programme for the development of water
improvement and management master plans (SDAGE) as well as the main issues
associated with water management. At the end of 2007, a second consultation
procedure will be organised for management plan projects.282
The SDAGE fixes the general guidelines, objects and measures to be implemented by
the seven basin committees. A water improvement and management plan (schéma
d’aménagement et de gestion des eaux or SAGE) may set specific objectives relative to
the quality, use, improvement and quantitative protection of water resource for those
280 Extracted from “Public water policy in France”,
http://www.ecologie.gouv.fr/IMG/pdf/public_water_policy_france.pdf, page 6
281 Extracted from “Public water policy in France”,
http://www.ecologie.gouv.fr/IMG/pdf/public_water_policy_france.pdf, page 10
282 Extracted from “Public water policy in France”,
http://www.ecologie.gouv.fr/IMG/pdf/public_water_policy_france.pdf, page 8
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more restricted water catchment units, like subterranean basins and aquifers.283
Source: “Public water policy in France”284
283 Extracted from “Public water policy in France”,
http://www.ecologie.gouv.fr/IMG/pdf/public_water_policy_france.pdf, page 7
284 Extracted from “Public water policy in France”,
http://www.ecologie.gouv.fr/IMG/pdf/public_water_policy_france.pdf, Content page
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17.2 Environmental Evaluation/SEA in France
French environmental policy has been in existence since the 1970s; today, the
environment is mostly taken into account through land-use plans and the
environmental appraisal of programmes. Integration of the environment in France can
be described as fair to strong; several laws require the inclusion of environmental
concerns.
Strategic Impact Assessment (SIA), a French SEA-like instrument, is a legal requirement
at policy level for proposed laws and at regional levels for Master and Zoning plans.
Voluntary SIAs have taken place since 1980s in areas of land-use planning. SIAs were
introduced in the 1990s and were applied to public participation for major
transportation projects.285
Ordonnance No 2004-489 was issued on 3 June 2004 introducing the European SEA
Directive in the Environmental Code 286 , the French Environmental Law 287 , which
provides statutory requirement for SEA of plans and programmes.
As mentioned, SEA in France at policy level is governed by Strategic Impact
Assessment which is a statutory requirement, while Environmental Code provides
statutory requirement for SEA of plans and programmes.
Below shows the principal steps of the overall process, grouped into the four key stages
of SEA.
(i) Environmental diagnosis (an environmental profile describing the state of the
environment and listing political objectives at different scales – international
conventions and protocols, European policies, national objectives, regional
objectives, etc)
(ii) Compatibility analysis (using a matrix) between in focus of the strategic action
and the main reference objectives
(iii) Assessment of the importance of the potential impacts of the whole plan
(iv) Evaluation of interactions between measures9
285 Referenced to “Report on Methodological approaches to SEA (Report on current national procedures), by
Building Environmental Assessment CONsensus on the transeuropean transport network, 2004,
www.transport-sea.net/filecount.phtml?file=D_2_1.doc&PHPSESSID=39b7a6b60cac49071eed204092d2aeb8, page 46
286 Environmental Code can be obtained from http://195.83.177.9/upl/pdf/code_40.pdf
287 Refer to Strategic Environmental Assessment: A sourcebook and reference guide to international experience,
Barry Dalal-Clayton and Barry Sadler, 2004,
http://www.iied.org/Gov/spa/documents/SEAbook/Chapter3_Oct04.pdf, page 70
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17.3 Environmental Evaluation/SEA on Water Resources Management in France
Strategic Impact Assessment (SIA) is the French SEA-like instrument which is legally
required at policy level for proposed laws and at regional levels for Master and Zoning
plans including water resources management aspects. According to the Ordonnance
no. 2004-489, any plan or programme that is related to water management should
conduct an environmental evaluation.288 All details can be referred to the Section 17.2.
According to Article L211-1 of the Environmental Code, the provisions for the Water
and Aquatic Environments aim to provide a balanced management of water resources,
which aims to ensure:289
• The conservation of aquatic eco-systems, sites and wetlands; and vegetation;
• Water protection and the fight against pollution due to effluent, drainage and other
discharges, the direct or indirect deposit of materials of any kind, and more
particularly by any act that may result in water degradation by modifying its
physical, chemical, biological or bacteriological characteristics, whether it is surface
water, underground water or sea-water within the boundaries of territorial waters;
• The regeneration and restoration of the quality of such water;
• The development and the protection of water resources;
• The development of water as an economic resource and, in particular, for the
development of the production of renewable electricity, as well as the distribution of
this resource.
A summary table for both the water resources management policies and actions and
SEA status in France is presented in Exhibit FR-1:
Exhibit FR-1 Summary of Water Resources Management (WRM) Policies and Actions and
SEA status in France
(a) WRM Policies and Actions
WRM Policies and Policies:
Actions “Public water policy in France”
Actions:
Water improvement and management master plans (SDAGE)
Guidance/Legislations The 1984 Fish Act
for WRM The 1964 and 1992 Water Act
(b) Environmental Evaluations / SEA Status in WRM Policies and Actions
Type of Assessment Strategic Impact Assessment (SIA) for policies
Strategic Environmental Assessment for plans and programmes
Requirement Statutory
Mechanisms
Legislation for Statutory under Strategic Impact Assessment (SIA) for policy level (the
Environmental corresponding act is not available)
Evaluation / SEA Statutory under Environmental Code for plans and programmes
Applications Policies, Plans and Programmes
288 Extracted from the Environmental Code, http://195.83.177.9/upl/pdf/code_40.pdf, page 5
289 Extracted from the Environmental Code, http://195.83.177.9/upl/pdf/code_40.pdf, page 16
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17.4 Analysis and Conclusions
WRM Policies
The outstanding feature of French water policy is based on the desire to drive this
double effort, jointly with all the participants involved in their catchment area. The
1992 Water Act strengthens this dialogue with the creation of water planning tools for
each large catchment area, including master plan for improvement and water
management (SDAGE) and the improvement and water management plans (SAGE).
Generally, the French water policy is based on four principles:
1. Decisions planned around catchment areas
Decisions are taken for financing equipment, guaranteeing water supply and
quality, inside catchment area bodies uniting all water participants. It is also there,
from a catchment standpoint, that financing of incentive assistance for providing
sound plant operation is decided.
2. Water very economical
Water at a price: it has to be channelled, treated, supplies have to planned, plants
have to be built to guarantee its quality.
3. Water very cultural and social
Above all water is a natural property, a rare resource to be protected. Managing all
its uses imparts an economic dimension to it, based on an integrated approach. An
essential resource, water leads to cultural and social practices, which, in terms of
lasting development, make real ecological and strategic stakes out of it.
4. Water pays water
Through their water bills consumers bear the main part of expenses linked to
investments and plant operation required for water management.
Compared to France, Hong Kong is not within the EU Directive regime and the scope of
water resources need to be managed is restrained to the two main sources of water –
rainfall from natural catchment and supply from Guangdong. It is Water Supplies
Department’s (WSD) scope of work to cover the whole process from the collection of
natural yield from rainfall, the reception of raw water from Guangdong to the provision
of a supply with a quality of accepted international standards to the users’ taps. WSD
also supplies sea water for flushing purposes to over 80% of the population. For
protection against flooding, sewage collection, treatment and disposal, it is under
Drainage Services Department’s (DSD) jurisdiction.
For the sustainable development of Hong Kong, WSD has initiated a Total Water
Management programme comprising key elements of new water resources, water
reclamation, water conservation and water resources protection and management was
initiated for better utilization of the different water resources.
EE/SEA
As an EU Member State, France is obliged to adopt the requirements of the EU Directive
2001/42/EC by bringing into force the laws, regulations and administrative provisions
necessary to comply with the Directive.
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Since 2004, France has been transposing the requirements of the SEA Directive
2001/42/EC into its legal system. The requirements have also been implemented
within the Environmental Code, the French Environmental Law, which provides
statutory requirement for SEA of plans and programmes.
France has also built a statutory SEA-like instrument, named Strategic Impact
Assessment (SIA), at policy level for proposed laws and at regional levels for Master
and Zoning plans.
Hong Kong is not an EU Member. Hong Kong’s SEA/EE is under Environmental
Protection Department’s (EPD) jurisdiction. Similar to the EU Member counterparts,
there are both statutory and administrative systems for PPP projects in Hong
Kong. While the statutory requirements govern primarily large scale development
projects (i.e. over 20 ha of area or population over 100,000), the administrative
counterpart has been applied to land use planning, transportation and sectoral PPP.
In most EU Member States’ practices, a statutory system is put in operation for WRM
related plans and programmes. Hong Kong may adopt a similar approach by
expanding the scope of the current statutory system to cover other sectors such as
WRM.
Also, the SEA Directive sets out the requirements for undertaking environmental
assessments for plans and programmes in various sectors, namely, agriculture, forestry,
fisheries, energy, industry, transport, waste management, water management,
telecommunications, tourism, town and country planning or land use, etc. A similar
scope or categorisation of sectors is recommended for setting up within Hong Kong’s
next generation SEA management framework.
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17.5 Examples of Water Resources Management Policies / Actions or their Environmental
Evaluation/SEA
Example FR-1 The Rhone-Mediterranean-Corsica (RMC) basin – Water Master Plan290
Description of The RMC Water Master Plan (SDAGE-RMC) has been adopted in December 1996.
Study It is based on ten major orientations as follows:
Keep on combatting any kind of pollution
Guarantee water quality required by the different uses
Underline the strategic status and vulnerability of groundwaters
Better management before investing
Respect the milieux natural functioning
Restore or preserve the outstanding aquatic systems
Restore urgently the most degraded milieux
Promote a more efficient risks management
Think water management in terms of land-use development
Enhance local and participative management
Scope of Themes considered during the Water Master Plan include:
Assessment/ Quality of rivers and channels (both biggest rivers and secondary rivers)
Study Pollutions (Combatting pollution – include urban pollution and industrial
pollution; Eutrophication – phosphorus concentration level; Toxic
pollutions – contaminants concentration; Accidental pollution – indicators
are under development)
Physical state of rivers – includes restoration activities
Quantitative management of rivers – depends on river hydrology
Flooding risks – subject to climatic conditions (heavy rain-showers)
Groundwaters – concerns about the pollution abatement of nitrates and
pesticides
Drinkable water availability – depends on the groundwaters quality
Wetlands
Species protection – includes aquatic natural heritage and aquatic species
Coastal area – includes the coast and natural sites
Outcome of After three years of implementation (1997-1999), in order to get an overview of
Study what has been achieved, three types of indicators have been set up. They are
the State of natural aquatic systems
the pressure that the systems support from human activities
the response given through actions corresponding to the SDAGE objectives –
this would be considered as the Performance indicators.
The last type would considered as the RMC-SDAGE Performance indicator.
290Example is extracted from “The french approach to managing water resources in the Mediterranean and the new
European Water Framework Directive”, which can be obtained at
http://www.ifremer.fr/docelec/doc/2003/publication-429.pdf, page 6-9
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