15 September 2022 Module III - Case Studies For
Description: 15 September 2022 Module III - Case Studies For cross-policy making and related project design and planning Overview of case studies 2 Europe Policy Framework for WEF coordination and the amendment of the fertilizer ordinance in Germany
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slide1. 15 September 2022 Module III - Case Studies For cross-policy making and related project design and planning<br>
slide2. Overview ofcase studies 2<br>
slide3. Europe Policy Framework for WEF coordination and the amendment of the fertilizer ordinance in Germany<br>
slide4. Historical evolution of Germany’s environmental politics 4 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 Federalism, decentralisation and (environmental) subsidiarity
Green political parties and incorporation of environmental interests
EU integration and harmonisation of environmental policies Late 19th century and 1st half of 20th century 2nd half of 20th 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 21st century<br>
slide5. Joint Rules of Procedure of the Federal Ministries (GGO)
Inter-ministerial committees and working groups as coordination institutions between discipline-specific ministries
Federal Government as primary arbitration, mediation and coordinating body
Ministerial conferences as coordination amongst ministries at state level
Involvement of subject matter experts, relevant stakeholders and the general public in national policy processes Mechanism and Instruments for Nexus Coordination in Germany 5<br>
slide6. Coordination in decision-making processes in Germany 6 Joint Rules of Procedure of the Federal Ministries Lead ministry
(responsible for the concern) Inter-ministerial committees and working groups Public Involvement Federal states AND Communal organisations Institution Involvement of technical expertise Governed by underlying sector related laws Procedural instruments and policies Federal Government<br>
slide7. Vertical Nexus Coordination in Germany 7 Federal States Federal Government Main FORMAL mechanisms
for vertical cooperation Example: Conference of Environment Ministers Main INFORMAL mechanism
for vertical cooperation Example: German Working Group on Water Issues 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 Examples: political top-level talks, federal and state discussions Special Ministerial Conferences Working groups Federal and state discussions<br>
slide8. Intersectoral Coordination in Germany – Example of the Fertilizer Ordinance Amendment 8<br>
slide9. Nitrogen in the Water-Energy-Security Nexus Fertilizer Ordinance Amendment 9<br>
slide10. Annual average nitrate concentration in groundwater, 2016-2019 (EC 2021) Nitrate pollution of groundwater in Europe 10<br>
slide11. Fertilizer Ordinance Regulates use of fertilizers (type, amount, methods of fertilizer application)
Central instrument for the implementation of the European Nitrates Directive
Objective: Prevent/reduce pollution of water bodies by nitrateÂ
All EU member states are obliged to document nitrate pollution
In 2013 the EU initiated infringement proceedings against Germany and filed a complaint with the ECJ in 2016 because of non-compliance
ïƒ Trigger for the Fertilizer Ordinance Amendment Fertilizer Ordinance Amendment 11<br>
slide12. Provide nutrients for plants
Increase agricultural yields
Ensure food security
Dispose of/use of manureÂ
Prevent high bureaucratic charges and additional investment costs (e.g. for storage of manure) Objectives and trade-offs between agriculture and water sectors 12 Protect water sources from pollution
Provide clean drinking water
Minimize costs for drinking water supply
Protect the environment and biodiversity<br>
slide13. Federal-state working group for the evaluation of the Fertilizer Ordinance (BLAG-DüV)
The working group was convened by the Federal Ministry of Food and Agriculture (BMEL) to analyze the effectiveness of the DüV and submitted significant proposals for changes
Composed of representatives of various ministries, authorities, stakeholders and science (BMEL, BMUB, UBA, Chambers of Agriculture)
Interministerial coordinationÂ
Based on BLAG-DÜV working group results BMEL drafted first version of regulationÂ
Coordination with 2 ministries responsible for environment and economy (obligation to sign according to GGO):
At all levels (head of division, head of department, state secretary, minister level)
Hearings in the ministries (federal state and association representatives, science, interest groups such as environmental NGOs)
Great motivation to reach an agreement due to the threat of lawsuits Amendment of the Fertilizer Ordinance: Intersectoral coordination 13<br>
slide14. Scientific Councils
Representatives present at hearings in government departments
Joint statements by several scientific councils (including SRU, WBD and WBAE), supporting several points in the proposals of the BLAG-DüV and calling for more far-reaching measures in other aspects
Expert hearings in parliamentary bodies
Hearing of representatives from science and associations (e.g. from chambers of agriculture, water associations, research) in the Bundestag Committee for Food and Agriculture and the Committee for the Environment, Nature Conservation, Building and Nuclear Safety Amendment of the Fertilizer Ordinance: Intersectoral coordination 14<br>
slide15. Public Participation
As part of the strategic environmental assessment, an environmental report was prepared that was made available to the public for comments
The public was also given the opportunity to submit comments on the draft ordinance of the DüV itself Amendment of the Fertilizer Ordinance: Intersectoral coordination 15<br>
slide16. 16 Procedural Instrument
Joint Rules of Procedure of the Federal Ministries Federal Government: Involvement of Parliament and Federal Council: Public Expert Hearing in German Parliamentary Committee for Food and Agriculture / Regulative hearings / meetings discussions Lead ministry : Federal Ministry of Food and Agriculture Federal Ministry for the Environment, Nature Conservation, Building and Nuclear Safety; Federal Ministry for Economic Affairs and Energy Public Involvement Federal states AND Communal organisations: Federal States Working Group Evaluating the Fertiliser Ordinance Institution The fertiliser law stipulates that the public are to be consulted regarding any changes to the fertiliser ordinance. Procedural instruments and policies 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 European Commission sues Germany before the European Court of Justice<br>
slide17. A number of mechanisms are available to coordinate nexus issues at various levels in Germany.
In principle, these instruments can be transferred to other countries, but must be adapted to the respective institutional and political structures.
Coordination through negotiation processes between affected sectors predominates. However, strategic cross-sector approaches are gaining in importance. Conclusions 17<br>
slide18. In addition to horizontal coordination, vertical coordination between different political levels is also necessary to ensure conflict-free implementation.
A binding regional regulatory framework (such as the European Water Framework Directive) can be an important stimulus for coordination at national level and possibly strengthen weaker interest groups. Conclusions 18<br>
slide19. A broad, interdisciplinary consensus on the part of science can promote coordination between the sectors.
Differing interests cannot always be resolved in the coordination process. Conclusions 19<br>
slide20. 15 September 2022 Thank you for your time!<br>
slide2. Overview ofcase studies 2<br>
slide3. Europe Policy Framework for WEF coordination and the amendment of the fertilizer ordinance in Germany<br>
slide4. Historical evolution of Germany’s environmental politics 4 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 Federalism, decentralisation and (environmental) subsidiarity
Green political parties and incorporation of environmental interests
EU integration and harmonisation of environmental policies Late 19th century and 1st half of 20th century 2nd half of 20th 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 21st century<br>
slide5. Joint Rules of Procedure of the Federal Ministries (GGO)
Inter-ministerial committees and working groups as coordination institutions between discipline-specific ministries
Federal Government as primary arbitration, mediation and coordinating body
Ministerial conferences as coordination amongst ministries at state level
Involvement of subject matter experts, relevant stakeholders and the general public in national policy processes Mechanism and Instruments for Nexus Coordination in Germany 5<br>
slide6. Coordination in decision-making processes in Germany 6 Joint Rules of Procedure of the Federal Ministries Lead ministry
(responsible for the concern) Inter-ministerial committees and working groups Public Involvement Federal states AND Communal organisations Institution Involvement of technical expertise Governed by underlying sector related laws Procedural instruments and policies Federal Government<br>
slide7. Vertical Nexus Coordination in Germany 7 Federal States Federal Government Main FORMAL mechanisms
for vertical cooperation Example: Conference of Environment Ministers Main INFORMAL mechanism
for vertical cooperation Example: German Working Group on Water Issues 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 Examples: political top-level talks, federal and state discussions Special Ministerial Conferences Working groups Federal and state discussions<br>
slide8. Intersectoral Coordination in Germany – Example of the Fertilizer Ordinance Amendment 8<br>
slide9. Nitrogen in the Water-Energy-Security Nexus Fertilizer Ordinance Amendment 9<br>
slide10. Annual average nitrate concentration in groundwater, 2016-2019 (EC 2021) Nitrate pollution of groundwater in Europe 10<br>
slide11. Fertilizer Ordinance Regulates use of fertilizers (type, amount, methods of fertilizer application)
Central instrument for the implementation of the European Nitrates Directive
Objective: Prevent/reduce pollution of water bodies by nitrateÂ
All EU member states are obliged to document nitrate pollution
In 2013 the EU initiated infringement proceedings against Germany and filed a complaint with the ECJ in 2016 because of non-compliance
ïƒ Trigger for the Fertilizer Ordinance Amendment Fertilizer Ordinance Amendment 11<br>
slide12. Provide nutrients for plants
Increase agricultural yields
Ensure food security
Dispose of/use of manureÂ
Prevent high bureaucratic charges and additional investment costs (e.g. for storage of manure) Objectives and trade-offs between agriculture and water sectors 12 Protect water sources from pollution
Provide clean drinking water
Minimize costs for drinking water supply
Protect the environment and biodiversity<br>
slide13. Federal-state working group for the evaluation of the Fertilizer Ordinance (BLAG-DüV)
The working group was convened by the Federal Ministry of Food and Agriculture (BMEL) to analyze the effectiveness of the DüV and submitted significant proposals for changes
Composed of representatives of various ministries, authorities, stakeholders and science (BMEL, BMUB, UBA, Chambers of Agriculture)
Interministerial coordinationÂ
Based on BLAG-DÜV working group results BMEL drafted first version of regulationÂ
Coordination with 2 ministries responsible for environment and economy (obligation to sign according to GGO):
At all levels (head of division, head of department, state secretary, minister level)
Hearings in the ministries (federal state and association representatives, science, interest groups such as environmental NGOs)
Great motivation to reach an agreement due to the threat of lawsuits Amendment of the Fertilizer Ordinance: Intersectoral coordination 13<br>
slide14. Scientific Councils
Representatives present at hearings in government departments
Joint statements by several scientific councils (including SRU, WBD and WBAE), supporting several points in the proposals of the BLAG-DüV and calling for more far-reaching measures in other aspects
Expert hearings in parliamentary bodies
Hearing of representatives from science and associations (e.g. from chambers of agriculture, water associations, research) in the Bundestag Committee for Food and Agriculture and the Committee for the Environment, Nature Conservation, Building and Nuclear Safety Amendment of the Fertilizer Ordinance: Intersectoral coordination 14<br>
slide15. Public Participation
As part of the strategic environmental assessment, an environmental report was prepared that was made available to the public for comments
The public was also given the opportunity to submit comments on the draft ordinance of the DüV itself Amendment of the Fertilizer Ordinance: Intersectoral coordination 15<br>
slide16. 16 Procedural Instrument
Joint Rules of Procedure of the Federal Ministries Federal Government: Involvement of Parliament and Federal Council: Public Expert Hearing in German Parliamentary Committee for Food and Agriculture / Regulative hearings / meetings discussions Lead ministry : Federal Ministry of Food and Agriculture Federal Ministry for the Environment, Nature Conservation, Building and Nuclear Safety; Federal Ministry for Economic Affairs and Energy Public Involvement Federal states AND Communal organisations: Federal States Working Group Evaluating the Fertiliser Ordinance Institution The fertiliser law stipulates that the public are to be consulted regarding any changes to the fertiliser ordinance. Procedural instruments and policies 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 European Commission sues Germany before the European Court of Justice<br>
slide17. A number of mechanisms are available to coordinate nexus issues at various levels in Germany.
In principle, these instruments can be transferred to other countries, but must be adapted to the respective institutional and political structures.
Coordination through negotiation processes between affected sectors predominates. However, strategic cross-sector approaches are gaining in importance. Conclusions 17<br>
slide18. In addition to horizontal coordination, vertical coordination between different political levels is also necessary to ensure conflict-free implementation.
A binding regional regulatory framework (such as the European Water Framework Directive) can be an important stimulus for coordination at national level and possibly strengthen weaker interest groups. Conclusions 18<br>
slide19. A broad, interdisciplinary consensus on the part of science can promote coordination between the sectors.
Differing interests cannot always be resolved in the coordination process. Conclusions 19<br>
slide20. 15 September 2022 Thank you for your time!<br>