Institutionalised governance of Rivers...16 June 2016 Rosario, Argentina Institutionalised...

16 June 2016

Rosario, Argentina

Institutionalised governance of Rivers

The example of the Rhine River

Hans van der Werf

Secretary General

CCNR | Institutionalised governance of Inland Waterways

Outline 1. Overview of two centuries of Rhine

governance (clip)

2. Elements of international river governance

3. The example of the Rhine basin

4. International waterway governance:

a concept

5. Final observations


Overview of two

centuries of Rhine

governance (clip)


Transport of goods and

industrial production

70

80

90

100

110

120

01

/200

8

09

/200

8

05

/200

9

01

/201

0

09

/201

0

05

/201

1

01

/201

2

20

10

= 1

00

Transport des marchandises sur le RhinProduction industrielle en l'UETransport of goods on the Rhine

Industrial production in the EU


1815 1831 1868 1919 1939-45 1963 2003-2016

Revision of the Act of Mannheim

STEAM POWERED DIESEL POWER NAVIGATION

LNG

Shipping Act of

Mainz

Revised shipping Act of Mannheim

Creation of the

CCNR

Vienna Congress

Cooperation CCNR CE

Palais du Rhin

Seat of the CCNR in Strasbourg

SAIL NAVIGATION and TOWING

HISTORICAL LANDMARKS


CCNR 1815 – 1920 MILESTONES

• 1831: 1st Rhine shipping convention (Mainz)

• 1868: Revised Rhine

shipping convention (Mannheim)

• 1920: Versailles treaty; adhesion of non-riparian states (BE, UK, IT); installation in Strasbourg, France

• « canalization » of the Rhine (middle and lower Rhine)

• Liberalization of the market (free access)

• Freeing of tolls and leverages

• Beginning of framework conditions


CCNR 1920 – 2015 MILESTONES • 1950 – 1960: Rhine

shipping conferences • 1960: concept of the push

convoy • 1963: “Strasbourg

revision” of the Rhine shipping convention

• 1988/1996/2000: Additional conventions (CLNI, CDNI, CMNI)

• 1998: introduction of the 135 m vessel

• 2003: Administrative Agreement CCNR-EC

• canalization of the Upper-Rhine (hydropower)

• Industrialisation of the shipping industry

• Enlargement legal framework

• Economies of scale

• European integration

• Stakeholder cooperation


PRELIMINARY OBSERVATIONS

Long time lines (several decennia)

Continuous progress and adaptability

Focus and tangible results necessary

Adequate visibility and feed back

Market observatory


Elements of international river governance


SCOPE of river governance in the

21st century

APPROACHES of coordinated

governance

1) ECOLOGY: ENVIRONMENTAL PROTECTION

2) ECONOMY and TRANSPORT : OPTIMAL NAVIGATIONAL CONDITIONS

• INTEGRATED (holistic) : - Mekong river - SICOS (Congo river)

• DISTINCT (dualistic): - Rhine and Danube rivers: (distinct mandates for navigation and water protection)


Prerequisites in view of OPTIMAL NAVIGATION Aspects

1) Objectives

2) Market functioning

3) Infrastructure and fairway 4) Community of interest 5) Institutional networking

• Economic • Strategic • Inter-regional development • Hinterland connections for

seaports • Access • Framework conditions (pricing) • Promotion and support • Good navigation status • Maintenance • Long term financing

• Positive interdependencies • Inter-institutional cooperation • Participative execution


NAVIGATION/TRANSPORT

Governance characteristics

1) Free market embedded in framework conditions

2) Equal treatment, level playing field all over the network, hence:

3) Dedicated, sectorial rules and procedures, compelling all over the network;

hence : Supranational powers and normative competences

1) Strategy embedded in overall environmental policy;

2) Normative competences elsewhere (generic environmental law);

3) multi-disciplinary and multi-focus missions;

hence: Consultative character of cooperation

ECOLOGY/PROTECTION


The example of the Rhine basin


The Rhine River


5 MEMBERS STATES = 5 DIFFERENT FOCUS FOR INLAND NAVIGATION USE

NETHERLANDS Focus : a) hinterland connections for the sea ports b) shipping activities Main port : Rotterdam

GERMANY Focus : a) supply of raw

materials (ore, coal) for the industry as well as export of products (for ex: chemicals, steel, oil); consumer goods (containers)

b) Logistics Main Rhine ports: Duisburg (steel) ; Duesseldorf (container hub) Cologne, Ludwigshafen (chemicals); Mannheim; SWITZERLAND

Focus : import of oil products, agricultural products, consumer goods; export of chemicals Main Rhine port: Basel

FRANCE Focus : import and export of agricultural products, building material, consumer goods (containers) Main Rhine port: Strasbourg

BELGIUM Focus : a) hinterland

connections for the sea ports

b) shipping activities Main port: Antwerp


16

12%

34% 54%

Rail

Road

Inlandwaterways

Rhine Alpine: multi-modal corridor

Source: Rhine Alpine Work Plan of the European Coordinator (May 2015) , p. 9

Source: http://www.n-pi.fr/

Cross-border traffic within the Rhine-Alpine Corridor



17

Rhine, Moselle, Neckar Navigable Rhine: 884 km through major

economic centres (Rotterdam, Ruhr area,

Ludwigshafen, Basel…)

~350 Mio tonnes/year = 2/3 of all goods carried by European waterways

26%

66%

8%

Liquid cargo

Dry cargo

Container

IWT in Rhine-Alpine Corridor

Source: CCNR

Main market segments



ECOLOGY / PROTECTION GOVERNANCE

INTERNATIONAL COMMISSION FOR THE PROTECTION OF THE

RHINE (Koblenz, Germany,

Founded 1950) www.IKSR.org

ICPR MISSION COMPRISES: 1) Water quality and aquatic environment 2) Hydro morphology 3) Meteorology and risk management of

flooding and extended low water levels


RIVER GOVERNANCE for

NAVIGATION : a concept


REVISED CONVENTION FOR RHINE NAVIGATION

FREE ACCESS TO THE MARKET

Article 1 The navigation of the Rhine and its estuaries from Basel to the open sea

either down or upstream

shall be free to the vessels of all nations for the transport of merchandise and persons, provided that they conform

to the provisions contained in this Convention and to the measures

prescribed for the maintenance of general safety.

Apart from these regulations no obstacle of any kind shall be offered to free

navigation.



Article 3

No duty based solely on navigation may be levied on vessels or

their cargoes navigating on the Rhine or its tributaries, in so far as they are

in the territory of the High Contracting Parties or on the navigable

waterways mentioned in article 2.

Article 4

(…) With regard to the above-mentioned inland waterways, the same

treatment in every respect as for nationals shall be given

to vessels belonging to Rhine navigation and their

cargoes.



LEVEL PLAYING FIELD – CUSTOMS

Article 5

Boatmasters shall not, on any of the navigable waterways mentioned in article 3, be

compelled to unload either in part or whole, or to transship their cargoes.

Any dues for putting into port or tying-up shall be abolished and shall remain so.

Article 6

Merchandise may not under any circumstances be subjected on the Rhine to import

or export duties greater than those to which such merchandise would be subjected

on entry or exit by land frontier.

Article 7

The transit of any merchandise shall be unrestricted on

the Rhine from Basel to the open sea unless health measures make exceptions

necessary.

The riparian States shall not collect any dues on such

transit either directly, after transshipment or after warehousing.



FRAME WORK CONDITIONS:

> PROFESSIONAL QUALFICATIONS

Article 15

Only the holder of a Rhine boatmaster's certificate issued by

the competent authority of one of the Contracting States shall have the

right to operate a vessel on the Rhine (…)

The certificate shall be issued for all of the Rhine or for specific

sections.

The conditions under which the authorities referred to in article 1 are required

to issue a boatmaster's certificate shall be set out in regulations

drawn up by mutual agreement.



FRAME WORK CONDITIONS:

> TECHNICAL REQUIREMENTS

Article 22 Before a vessel makes its first voyage on the Rhine, the owner or

steersman must obtain

a certificate stating that the vessel has the structural

strength and equipment necessary for navigation on that part of the river for which it is intended.

This certificate or license for the vessel shall be issued, after an inspection

by experts, by the competent authorities of one of the

riparian States.



LEVEL PLAYING FIELD:

> DUTIES AND CHARGES

Article 27

The Governments of the riparian States will ensure that in the free ports, as

in all other ports of the Rhine, all necessary

measures are taken to facilitate loading, unloading and

warehousing of merchandise and that the premises and equipment allocated to them are maintained in

good order.

To meet the necessary costs of maintenance and supervision, an

appropriate fee may be levied. Should the revenue from this fee

exceed the amount of expenditure in question, the rate of said fee shall be

reduced proportionally.



LEVEL PLAYING FIELD:

> DUTIES AND CHARGES

Article 30 The riparian Governments shall take all necessary steps to see that

navigation on the Rhine is not obstructed by either mills or other

factories established on the river, or by bridges or other

structures. They shall see to it in particular that passage under

bridges does not cause any delay to river traffic. It shall be

prohibited to make and charge for opening or closing

bridges.



LEGAL HARMONISATION:

> CORDINATED JURISDICTION

Article 33

Tribunals empowered to hear all cases mentioned in article 34 shall be

set up in suitable plates situated on or in proximity to the Rhine.

Article 34

The Rhine navigation tribunals shall have jurisdiction:

I. in criminal matters, to investigate and judge all infringements of

regulations regarding navigation and river police;

II. in civil matters, to hand down summary judgement in disputes

concerning; (…)



MISSION OF THE CCNR

Article 45 The terms of reference for the Central Commission shall be :

a) to examine all complaints arising from the application of this

Convention (…)

b) to deliberate on the proposals made by riparian

Governments concerning the prosperity of Rhine

navigation (…)

c) to render judgement in cases of appeal brought before the

Commission (…)


Environment & Infrastructure Waterway Profile Rhine Coordination of works on the Rhine Waste policy and regulations

Technical aspects & safety Rhine Police Regulation (legal) River Information Services Vessel inspection regulation Personnel qualifications and manning rules Dangerous good transport rules

CCNR ensures a free and prosperous market on Rhine navigation for more than 200 years …

Economic Market observation Integration of IWT in logistic chains

… requiring evolutionary strategies, targets and working methods


Waterway Profile of the Rhine air draught

[HSW] channel depth

[GlW 2012]

channel width [GlW 2012] VERY MATURE WATERWAY

> high performance of IWT

Both infrastructure and fleet enable to meet transport demand:

Capacity

Specialization

Reliability

~ 10 000 vessels ~ 15 Million tons on the market

In Western Europe


Current innovations and future opportunities

Challenges faced by the inland navigation

• River Information Services (RIS) • Harmonized European and CCNR

navigation rules

• Launched Infrastructure projects concerning locks and low water navigation conditions

• Diversification of propulsion systems and fuels (LNG)

> GREENING of the fleet

• Connections to other modes of transport in multi modal hubs

• Efficient co-modality with other

transport modes

• Accelerate implementation of innovative initiatives using RIS

• Limited investment capabilities to renew existing fleet and deploy greening initiatives


CCNR ORGANISATION CHART

PREPARATORY COMMITEE

PRE

LEGAL

DF

ECONOMIC

ECO

NAUTICAL

& SAFETY

RP

MD

RIS

ISGINTT

SOCIAL

STF

INFRASTRUCTURE

IEN

NAVAL

RV IIPC

CDNI CPC

CASS Central administration

of social security for Rhine boatmen

PLENARY SESSION

PLEN Chamber of

Appeal

ADN


CCNR INTERNATIONAL PARTNERS

11 Observer States 8 Observer Organisations

19 Recognised Organisations


final observations


FINAL OBSERVATIONS

Political investment :

declaration of common interest by the riparian

states

International legal basis:

treaty enabling compelling measures

Independent executive authority in charge

Genuine free market

Free access, no duties, level playing field

Strong stakeholder involvement

Institutionalised representation

Economic observatory


Questions & Answers

Gracias por su atención

Hans van der Werf

Secretary-General

[email protected]

Tel.: +33 3 88 52 20 10

www.ccr-zkr.org

www.vision-2018.org

http://www.ccr-zkr.org/



http://www.vision-2018.org/




ENVIRONMENT SOCIETY ECONOMY

Towards 2018 | SUSTAINABLE INLAND NAVIGATION

Safety and reliability

Training and qualification

Fuel consumption and emissions of greenhouse gases

Emissions of pollutants into the air and into the water

Changes in environmental conditions

Logistics chains

Application of reference social conditions

Information

CCNR | Rosario I 02 | Challenges and current innovations


Upper Rhine

Lower Rhine

Middel Rhine

Mittellandkanal

Main

The Rhine and IWT in the European transport network

IWT Traffic intensity in Europe

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Institutionalised governance of Rivers...16 June 2016 Rosario, Argentina Institutionalised...

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