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Compensation Agencies in Germany – a tool to facilitate development and to safeguard environmental protection and restorationIÖR Dresden, Marianne Darbi, PLPR Conference, 10-12 February, Dortmund
Marianne Darbi, IÖR Dresden
PLPR Conference, 10-12 February 2010, Dortmund
Compensation agencies in Germany – a tool to facilitate development and to safeguard environmental protection and restoration
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Compensation Agencies in Germany – a tool to facilitate development and to safeguard environmental protection and restorationIÖR Dresden, Marianne Darbi, PLPR Conference, 10-12 February, Dortmund
Outline
1. Background
2. Goal and Definition
3. Methodology
4. Why do compensation agencies emerge?
5. Core parameters of compensations agencies
6. Suggestion to cluster types
7. Advantages and potentials
8. Obstacles and criticism
9. Conclusion
10. The way ahead
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Compensation Agencies in Germany – a tool to facilitate development and to safeguard environmental protection and restorationIÖR Dresden, Marianne Darbi, PLPR Conference, 10-12 February, Dortmund
BackgroundImpact Mitigation Regulation (“Eingriffsregelung”) is the major landscape
conservation instrument to address mitigation and compensation for impacts
from developments and projects in Germany:
entered into force as part of the Federal Nature Conservation Act 1976
comprehensive approach (for all impacts, on all scales, not restricted to specific
areas)
deficiencies in the proper implementation of compensation measures
2002 and 2009 amendments to the Federal Nature Conservation Act
loosening of the spatial and functional connection between impact and compensation
compensation pools: provision and bundling of compensation sites and measures
Planning yes, implementation maybe, control no?*
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* ANL – Bayerische Akademie für Naturschutz und Landschaftspflege (ed.) (1999): Ausgleich und Ersatz. Planung ja, Umsetzung vielleicht, Kontrolle nein? Laufener Seminarbeiträge 1/99.
Compensation Agencies in Germany – a tool to facilitate development and to safeguard environmental protection and restorationIÖR Dresden, Marianne Darbi, PLPR Conference, 10-12 February, Dortmund
Compensation agencies (‘Flächenagenturen’)
“Compensation agencies are new service providers in the field of nature conservation, which
establish compensation pools and procure sites and measures for developers“ (BFAD e. V. 2008).
Compensation agencies are experts on compensation pools – including planning,
implementation and long-term management. They provide services and support to investors,
authorities and all local partners“ (BFAD e. V. 2008).
Goal and definition
Goal: Survey on procedural and financial aspects of compensation agencies in Germany*
How are compensation agenciesHow are compensation agencies established / implemented in practice?
Which barriers and difficulties does the creation of compensation agencies face?
Which potentials do compensation agencies have?
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* Financed by KfW Banking Group
Compensation Agencies in Germany – a tool to facilitate development and to safeguard environmental protection and restorationIÖR Dresden, Marianne Darbi, PLPR Conference, 10-12 February, Dortmund
Methodology
blabla Empirical study:
25 compensation agencies throughout Germany (almost all federal states, the
so-called ‘Länder’ are covered)
Examined compensation agencies are not evenly spread (differences in
compensation demand due to e.g. population density and economic growth)
Questionnaire and telephone expert interviews
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Compensation Agencies in Germany – a tool to facilitate development and to safeguard environmental protection and restorationIÖR Dresden, Marianne Darbi, PLPR Conference, 10-12 February, Dortmund
Why do compensation agencies emerge?
* multiple mentions possible
0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20
other subsequent causes
other initial causes
overcoming investment barriers / promotion of economicdevelopment
implementation of a landscape development project
foreseeable predictable compensation requirements of amajor development project
more efficient implementation of compensation measures
shortage in providing appropriate compensation sites *
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Compensation Agencies in Germany – a tool to facilitate development and to safeguard environmental protection and restorationIÖR Dresden, Marianne Darbi, PLPR Conference, 10-12 February, Dortmund
Core parameters of compensation agencies
blabla What are the core parameters that influence the functioning and financing of
compensation agencies?
1. form of organisation / legal form
number of employees
focus solely on compensation vs. compensation as one of a multitude of
fields of action
more nature conservation orientation vs. more economic orientation
2. area of influence and clients
3. availability and safeguarding of compensation sites
4. financing and cost recovery
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Compensation Agencies in Germany – a tool to facilitate development and to safeguard environmental protection and restorationIÖR Dresden, Marianne Darbi, PLPR Conference, 10-12 February, Dortmund
1. Form of organisation / legal form
legal form number of employees
* non-profit organisations for rural development at the level of the 'Länder', under form of a limited liability company (ltd.)
less than 1
1
2 to 4
flexible employ-ment of
staff
n/a
gemeinnützige Landgesellschaften
GmbH (ltd.)*16%
other GmbH (ltd.)
20%
gGmbH (non-profit ltd.)
4%nature conservation foundations
12%
associations4%
municipalities8%
districts / counties
12%
others20%
n/a4%
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Compensation Agencies in Germany – a tool to facilitate development and to safeguard environmental protection and restorationIÖR Dresden, Marianne Darbi, PLPR Conference, 10-12 February, Dortmund
great differences of scale and location
interrelation between area of influence and
possible clients (small area acting locally)
0 2 4 6 8 10 12 14 16 18 20 22 24 26
municipalities
districts / counties
public planning agencies (e.g. road planning)
private developers
own needs
n/a8%
nation-wide4%
Länder28%
morethan 4
municipali-ties/districts
12%
2-4 municipalities
/ districts24%
district / county16%
munici-pality8%
2. Area of influence and clients
*
* multiple mentions possible
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Compensation Agencies in Germany – a tool to facilitate development and to safeguard environmental protection and restorationIÖR Dresden, Marianne Darbi, PLPR Conference, 10-12 February, Dortmund
stock-sourcing
/ on demand
on demand
stock-sourcing
n/a
0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19
purchase of sites in favour of a natureconservation foundation
physical securities
license agreements with land owners
planning specification
own land and purchase of sites
3. Availability and safeguarding of compensation sites
*
* multiple mentions possible
different states of the examined compensation
agencies regarding stocksourcing of compen-
sation sites and measures vs. on demand
mostly sites in stock but implementation on
demand of compensation measures (high costs)
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Compensation Agencies in Germany – a tool to facilitate development and to safeguard environmental protection and restorationIÖR Dresden, Marianne Darbi, PLPR Conference, 10-12 February, Dortmund
4. Financing and cost recovery
Differences in the overall business
orientation (profit, cost recovery, no cost
recovery expected)
What costs occur and what are financial
means used for?
0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24
n/a
subsidies
credits
own capital *
* multiple mentions possible
n/a
no
yes
Are there any barriers for cost
recovery?
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Compensation Agencies in Germany – a tool to facilitate development and to safeguard environmental protection and restorationIÖR Dresden, Marianne Darbi, PLPR Conference, 10-12 February, Dortmund
blabla The heterogeneity of the examined compensation
agencies reflects the current situation.
There is not one new homogeneous compensation
services provider but a multitude of different types.
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Compensation Agencies in Germany – a tool to facilitate development and to safeguard environmental protection and restorationIÖR Dresden, Marianne Darbi, PLPR Conference, 10-12 February, Dortmund
Suggestion to cluster types
Type 1: “Compensation agencies”
Type 2: Landgesellschaften*
Type 3: Nature conservation foundations and associations
Type 4: Municipal and district administration
Type 5a: Public utilities
5b: Property managers
* non-profit organisations for rural development at the level of the 'Länder', under form of a limited liability company (ltd.)
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Compensation Agencies in Germany – a tool to facilitate development and to safeguard environmental protection and restorationIÖR Dresden, Marianne Darbi, PLPR Conference, 10-12 February, Dortmund
Advantages and potentials
blabla steered development / inclusion into an overall concept is beneficial both economically and
ecologically (simpler and speed up lincensing procedure, creation of ecological networks,
measures are implemented where it is most useful from a nature conservation point of
view)
can lead to a reduction of land consumption
bundling increases the efficiency of the implementation and maintenance of measures
recovery of complex ecosystems and possibility to implement also cost-intensive measures
diminution of time lag effects
bundling of capacity and technical know-how
broad participation and acceptance (reduction of land use conflicts etc.)
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Compensation Agencies in Germany – a tool to facilitate development and to safeguard environmental protection and restorationIÖR Dresden, Marianne Darbi, PLPR Conference, 10-12 February, Dortmund
Obstacles and criticism
blabla risk that the appropriateness to compensate may not always be considered
advance financing
uncertainty (refinancing of sites and measures cannot be guaranteed)
need for trained personnel
preference for low cost measures
price dumping can have a negative effect on the quality of the measures
to date: lacking transparency and transferability (valuation techniques to
balance impact and compensation and cost calculation differ very much)
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Compensation Agencies in Germany – a tool to facilitate development and to safeguard environmental protection and restorationIÖR Dresden, Marianne Darbi, PLPR Conference, 10-12 February, Dortmund
Conclusion
IMR according to law remains the overall framework and defines the basic
principles requires on-the-ground measures (mere preservation,
environmental education etc. is not sufficient)
Compensation agencies can improve the implementation both quantitatively
(overcoming lack in enforcement) and qualitatively (common quality
standards)
Market dynamics: further development? (no unification expected)
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Compensation Agencies in Germany – a tool to facilitate development and to safeguard environmental protection and restorationIÖR Dresden, Marianne Darbi, PLPR Conference, 10-12 February, Dortmund
The way ahead – what needs to be done?
http://www.verband-flaechenagenturen.de/index.html
In particular:
• identify and address the potentials and deficits of
the different types of compensation agencies
In general:
• work on common quality standards (nature
conservation point of view)
• Work on transparent full costing (economic /
business-management point of view)
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Compensation Agencies in Germany – a tool to facilitate development and to safeguard environmental protection and restorationIÖR Dresden, Marianne Darbi, PLPR Conference, 10-12 February, Dortmund
Thank you for your attention!
Leibniz Institute of ecological and regional development Marianne Darbi
Weberplatz 1 Fon: 0351 463 42356
01217 Dresden Fax : 0351 4679 212
www.ioer.de E-Mail: [email protected]
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