52006PC0015

[pic] | COMMISSION OF THE EUROPEAN COMMUNITIES |

Brussels, 18.01.2006

COM(2006) 15 final

2006/0005(COD)

Proposal for a

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

on the assessment and management of floods {SEC(2006) 66}

(presented by the Commission)

EXPLANATORY MEMORANDUM

CONTEXT OF THE PROPOSAL |

110 | Grounds for and objectives of the proposal Between 1998 and 2004, Europe suffered over 100 major floods, including the catastrophic floods along the rivers Danube and Elbe in 2002. These floods caused some 700 fatalities, the displacement of about half a million people and insured economic losses totalling at least € 25 billion. Flood events during summer 2005, in Austria, Bulgaria, France, Germany and Romania and elsewhere, has pushed these figures even higher. The assets at risk from flooding can be enormous and include private housing, transport and public service infrastructure, commercial and industrial enterprises, and agricultural land. By way of example, more than 10 million people live in areas at risk of extreme floods along the Rhine and the potential damage from floods totals €165 billion. The total value of economic assets located within 500 metres of the European coastline, including beaches, agricultural land and industrial facilities, is currently estimated at between €500 and 1,000 billion[1]. In addition to economic and social damage, floods can have severe environmental consequences, for example when waste water treatment plants or factories holding large quantities of toxic chemicals are inundated. Floods can also destroy wetland areas and reduce biodiversity. Two trends point to an increased flood risk and to greater economic damage from floods in Europe. Firstly, the scale and frequency of floods are likely to increase in the future as a result of climate change, inappropriate river management and construction in flood risk areas. Second, there has been a marked increase in vulnerability due to the number of people and economic assets located in flood risk zones. The objective of this Directive is to reduce and manage flood-related risks to human health, the environment, infrastructure and property. |

120 | General context Floods are natural phenomena which cannot be prevented. However, human activity is contributing to increasing in the likelihood and the adverse impacts of flood events. Considering that most of the river basins in Europe are shared, concerted action at Community level would bring considerable added value and improve the overall level of flood protection. Given the potential risk to human life, economic assets and the environment, Europe's commitment to sustainable development could be severely compromised if appropriate action is not taken. The Community has a tradition of environmental legislation on water quality; however the issue of floods and the impact of climate change on flood risks have not yet been addressed. The Water Framework Directive 2000/60/EC[2] (WFD) introduced the principle of cross-border coordination within river basins, with the objective of achieving good quality for all waters, but it set no objective on flood risk management. The Commission Communication on flood risk management[3] provided an analysis and proposed concerted EU action. This proposal is one component of that action. |

139 | Existing provisions in the area of the proposal There are no existing provisions in the area of the proposal. |

140 | Consistency with the other policies and objectives of the Union European research policy has been supporting research into different components of flood risk management since the early 1980s through successive Framework Programmes. The Sixth Framework Programme is supporting the largest ever EU flood research project, ”FLOODsite”,[4] which is developing integrated flood risk analysis and management methods. The proposed 7th Framework programme will continue to support research on flood risk assessment and management. European regional policy has been funding investments including flood-related measures (Structural Funds and Cohesion Fund). The Solidarity Fund offers specific financial instrument for emergency operations in the event of a major disaster. The proposed Cohesion Policy Regulations for 2007-2013 will make flood-related measures eligible as part of risk prevention. The reformed common agricultural policy will contribute positively to flood protection through de-coupling and cross-compliance mechanisms. In the Rural Development Regulation adopted in 2005[5] includes flood-related measures (preparation and planning plus operational measures) among the activities eligible for support. |

CONSULTATION OF INTERESTED PARTIES AND IMPACT ASSESSMENT |

Consultation of interested parties |

211 | Consultation methods, main sectors targeted and general profile of respondents Following the 2002 flood events, a technical document on best practices was drafted by the Commission, Member States, candidate countries and other stakeholders and finalised in 2003. Following the July 2004 Communication on flood risk management and the positive Council conclusions of October 2004 requesting the Commission to submit an appropriate proposal, the Commission convened an Expert Advisory Forum, bringing together experts from Member States, European umbrella organisations, industry, NGOs and the scientific community involved in major research projects and other stakeholders. Three meetings of this Expert Advisory Forum in the course of 2005 formed the central core of the consultation, complemented by an Internet consultation. |

212 | Summary of responses and how they have been taken into account The consultation process revealed broad support for the suggested approach for the action programme in terms of scope, river basin coordination and the key elements to be included. Valuable contributions were received on defining the scope (avoiding efforts in areas with no significant flood risk by means of a preliminary risk assessment), on avoiding duplications of effort by recognising existing flood risk management plans, and on developing flood risk maps and flood risk management plans. Further details of the consultation process are included in the accompanying Impact Assessment [SEC(2006) 66 of 18.01.2006]. Copies of the documentation produced and discussed in the consultation process as well as the results of the Inter-net consultation can be found at: http://europa.eu.int/comm/environment/water/flood_risk/index.htm |

Collection and use of expertise |

221 | Scientific/expertise domains concerned Experts from the Member States, stakeholders and members of consortia working on major flood-related research projects were consulted through the Expert Advisory Forum. All relevant domains of expertise, from hydrology and geology to local and regional authorities and the insurance industry, were involved. |

222 | Methodology used A series of meetings were held between 2003 and 2005. |

223 | Main organisations/experts consulted Experts from all Member States, candidate countries and EFTA countries; International River Protection Commissions; relevant European stakeholders, organisations and NGOs; a full list is provided in the Impact Assessment. |

2243 | Summary of advice received and used All parties consulted recognised and accepted the existence of potentially serious risks with irreversible consequences. There was also agreement regarding the added value of action at Community level. |

225 | It is accepted that it is impossible to prevent flooding totally, although it is feasible to reduce the risk to human life, the environment and economic assets. Broad consensus was reached on the need for action at Community level while underlining the need for a flexible approach which takes account of the work already done at national and local level. Furthermore, the consultation process provided considerable support for a step-by-step approach, starting with a preliminary flood risk assessment and then, where justifiable, proceeding to flood risk mapping and subsequently producing and implementing flood risk management plans. In summary, the consultation process delivered the unambiguous message that the challenge of flood risk management requires action at European, Member States and regional/river basin level. |

226 | Means used to make the expert advice publicly available Best practice documents as well as the results of the Internet consultation are available on the Commission website. |

231 |

LEGAL ELEMENTS OF THE PROPOSAL |

305 | Summary of the proposed action The objective of the proposed Directive is to reduce and manage the risks which floods pose to human health, the environment, infrastructure and property. It will provide for flood mapping in all areas with a significant flood risk, for coordination within shared river basins, and for producing flood risk management plans through a broad participatory process. Given the diversity across the EU in terms of geography, hydrology and settlement structure, the proposed Directive provides considerable flexibility for Member States to determine the level of protection required, the measures to be taken to achieve this level of protection, and the timetables for implementing flood risk management plans. The proposed Directive and the measures taken to implement it are closely linked to implementation of the WFD. The Commission proposes to fully align the organisational and institutional aspects and timing between the Directives, based on the river basin districts, the competent authorities and the committee established by the WFD. Timetables are fully synchronised[6] which will also ensure that the public consultation process is closely coordinated. Once the proposed Floods Directive is adopted, implementation of the two Directives which will have complementary objectives will need to be closely coordinated. Reporting by Member States to the Commission is furthermore fully synchronised, and Member States may integrate the flood risk management plans into the river basin management plans. This implies that some aspects provided for by the WFD, in particular under Article 4, 11 and 13 of that Directive, will have consequences for the contents of flood risk maps and management plans. |

310 | Legal basis Article 175(1) of the EC Treaty is the appropriate legal basis, consistent with similar instruments addressing risk prevention and river basin management, notably the Seveso Directive (96/82/EC) and the WFD (2000/60/EC). |

320 | Subsidiarity principle The subsidiarity principle applies insofar as the proposal does not fall under the exclusive competence of the Community. |

The objectives of the proposal cannot be sufficiently achieved by the Member States for the following reasons: |

321 | Rivers and regional seas are not confined inside existing geo-political boundaries, instead most river basins and coastal areas are shared between various countries. Under these conditions, a purely national approach to flood risk management is neither technically nor economically feasible. |

323 | Action by Member States alone could well result in different and even contradictory approaches, not only delaying the solution of flood risk problems but also using limited resources in an inadequate way. |

324 | The proposal will establish a common framework to address shared challenges and will establish common approaches to flood risk management. Coordinated planning and action within river basins and sub-basins will ensure adequate consideration of the interests of all partners involved, but also best use of resources. Such cooperation between countries has already commenced under the auspices of International River Commissions such as those for the Danube, Oder, Elbe, Rhine, Maas/Meuse and Scheldt/Escaut basins. Detailed objectives for protection against floods, measures best suited to achieve the objectives and deadlines will not be defined at EU level. |

The proposal therefore complies with the subsidiarity principle. |

Proportionality principle The proposal complies with the proportionality principle for the following reason(s): |

332 | Against the background of recent experiences of flood-related damages to private property, infrastructure, enterprises and the environment, the potential future damage to be expected if no action is taken distinctly outweighs the costs, e.g. for flood mapping, flood forecasting systems and early warning systems, as shown in the Impact Assessment. At the same time, river basins, sub-basins and regions without a significant flood risk may be exempted from any measures under the Directive; the same will apply to river basins, sub-basins and regions where measures have already been taken in line with the provisions on flood mapping and/or flood risk management plans. The decision on whether “significant risk” is involved will depend on the local and regional circumstances, and notwithstanding the principle of coordination with the river basin sub-basin will not be taken at Community level. |

Choice of instruments |

341 | Proposed instruments: directive. |

342 | Other means would not be adequate for the following reasons. A regulation would entail deciding on the level of flood protection as well as measures and deadlines for all regions of the Community by means of Community legislation, an approach which is considered unfeasible both politically and technically. Against the background of technical documents and guidance on best practices already available, Recommendations would not ensure the necessary coordination across administrative and political borders. A directive would provide the necessary regulatory framework on assessment and decision-making principles and structures, while leaving key elements such as the level of protection, choice and bundling of measures and deadlines for achieving the objective to subsidiarity. |

BUDGETARY IMPLICATION |

401 | While implementation and financing of environmental policy is as a rule a right and obligation of the Member States (Article 175(4) of the EC Treaty), the Community has a variety of funding mechanisms which can be used to promote flood protection, e.g. under research policy, cohesion policy and agricultural (rural development) policy. Flood-related initiatives and measures are eligible both under the legislation in force in these policy areas and under legislation proposed for 2007 - 2013. However, this proposal will have no financial implications beyond the proposals already adopted by the Commission. |

ADDITIONAL INFORMATION |

510 | Simplification |

511 | The proposal provides for simplification of administrative procedures for public (Community or national) authorities and for private parties, mainly as regards the synchronisation and coordination with the Water Framework Directive. |

513 | Flood risk management and water quality management are part of integrated river basin management. They involve the same river basins and regions and the same local communities and stakeholders. Consequently, there is a very strong linkage between the water quality management already in progress under the WFD and the flood risk management measures envisaged under this proposal. The Commission is of the opinion that the implementation cycle under the WFD and the cycle envisaged under this proposal should be synchronised and integrated, as regards river basin districts, competent authorities, implementation and review timetables, reporting mechanisms, committee and public participation. |

514 | Private parties will be fully involved, via public participation in the planning process, and benefit from synergies. |

Review/revision/sunset clause |

531 | The proposal includes no review clause. |

550 | Correlation table The Member States are required to communicate to the Commission the text of national provisions transposing the Directive as well as a correlation table between those provisions and this Directive. |

560 | European Economic Area The proposal is of EEA relevance and should therefore extend to the European Economic Area. |

570 | Detailed explanation of the proposal Article 1 (subject matter): The proposed Directive aims at the reduction of flood-related risks to human health, the environment and economic activity. It applies to the whole Community territory, and therefore to flood risk management in both rivers and costal areas. Article 2 (definitions): In addition to the definitions of the WFD, ‘flood’ and ‘flood risk’ are being defined. Article 3 (coordination within river basin districts) is taking over the approach set out in article 3 (WFD), notably as regards the use of the management unit of the river basin districts and the competent authorities that have been designated under the WFD. In addition to the river basins and sub basins included in these river basin districts, all stretches of coastline are also assigned to the relevant river basin districts, and are hence covered. Chapters II, III and IV set out a transparent step-by-step approach consisting of: designation of areas with a potential significant flood risk (Chapter II, articles 4, 5 and 6); preparation of flood risk maps for areas with potential significant flood risk (Chapter III, articles 7 and 8, Annex); development and implementation of flood risk management plans in vulnerable river basins and coastal areas, as well as the coordination mechanisms for the management plans within the river basin districts (Chapter IV, articles 9, 10, 11 and 12); The timetables of Chapter III and VI are fully synchronised with the timetables for implementation of the WFD including the 6 year interval for reviews, and coordination is ensured with the WFD processes and cycles of characterisation of the river basin districts (with flood risk mapping) and river basin management plans (with flood risk management plans). It is furthermore proposed that Member States may integrate the Flood risk management plan with the River basin management plans of the WFD. Article 14 (public information and participation) imposes the requirement for participation of the public in developing flood risk management plans and their review. This process shall also be coordinated with the WFD. Articles 15 and 16 (technical adaptations and committee) provide for possible technical adaptations of selected articles and the annexe, as well as technical formats for transmission and processing of data, including statistics and cartographic data. The Committee established under the WFD shall also be used for this Directive. Article 17 (reporting) makes the necessary provision for reporting. This and the Commission report on the implementation of the proposed Directive (article 18) are also synchronised with the WFD timetable. Articles 19, 20 and 21 cover transposition, entry into force and the addressees. |

1. 2005/0005(COD)

Proposal for a

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

on the assessment and management of floods (Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 175 (1) thereof,

Having regard to the proposal from the Commission[7],

Having regard to the opinion of the European Economic and Social Committee[8],

Having regard to the opinion of the Committee of the Regions[9],

Acting in accordance with the procedure laid down in Article 251 of the Treaty[10],

Whereas:

2. Floods have the potential to cause fatalities, displacement of people, severely compromise economic development and to undermine the economic activities of the Community.

3. Floods are natural phenomena which cannot be prevented. However, human activity is contributing to an increase in the likelihood and adverse impacts of flood events.

4. It is feasible and desirable to reduce the risk of damage to human health, environment and infrastructure associated with floods, however, measures to reduce the risk of flood damage must be co-ordinated throughout a river basin if they are to be effective.

5. Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy[11] requires integrated management plans to be developed for each river basin in order to achieve good ecological and chemical status, and it will contribute to mitigating the effects of floods. However reducing the risk of floods is not one of the principal objectives of that Directive, nor does it take into account future risks caused by climate change.

6. The Communication of the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions “Flood risk management; flood prevention, protection and mitigation” [12] sets out its analysis and approach to managing flood risks at Community level, states that concerted and co-ordinated action at the level of the Community would bring a considerable added value and improve the overall level of flood protection.

7. Council Decision 2001/792/EC of 23 October 2001 establishing a Community mechanism to facilitate reinforced cooperation in civil protection assistance interventions[13], mobilises support and assistance from Member States in the event of major emergencies, including floods. Civil protection can provide adequate response to affected populations and improve preparedness and resilience, it does, however, not address the root causes of floods.

8. Under Council Regulation (EC) N° 2012/2002 of 11 November 2002 establishing the European Union Solidarity Fund[14] it is possible to grant rapid financial assistance in the event of a major disaster to help the people, regions and countries concerned to return to living conditions that are as normal as possible, but it may only intervene for emergency operations, and not for the phases preceding an emergency.

9. Throughout the Community different types of floods occur, such as river floods, flash floods, urban floods, sewer floods and coastal floods. The damage caused by flood events may also vary across the countries and regions of the Community. Hence, objectives regarding managing flood risks should be based on the local and regional circumstances.

10. Flood risks in certain areas within the Community could be considered not to be significant, for example in thinly populated or unpopulated areas or in areas with limited economic assets or ecological value. A preliminary assessment of the flood risks in each river basin, sub basin and associated coastal zones should be undertaken at the level of the river basin district to determine the flood risk in each case and whether further action is needed.

11. In order to dispose of a valid tool for information, as well as a valuable basis for priority setting and further technical, financial and political decisions it is necessary to provide for the establishing of flood maps and indicative flood damage maps describing areas with different levels of flood risk.

12. With a view to avoiding and reducing the negative impacts of floods on the area concerned it is appropriate to provide for flood risk management plans. The causes and consequences of flood events vary across the countries and regions of the Community. Flood risk management plans should therefore take into account the particular geographic, hydrologic and other relevant circumstances of the river basin, sub-basin or stretch of coastline, and provide for tailored solutions according to the needs and priorities of the river basin, sub-basin or coast line, whilst ensuring coordination with river basins districts.

13. The flood risk management cycle which includes the steps Prevention, Protection, Preparedness, Emergency response and Recovery and review should be one of the underlying elements of the flood risk management plans with a focus on the aspects prevention, protection and preparedness.

14. To prevent duplication of work Member States should be able use existing flood risk maps and flood risk management plans for the purposes of satisfying the requirements of this Directive.

15. Development of river basin management plans under Directive 2000/60/EC and of flood risk management plans under this Directive are elements of integrated river basin management; the two processes should therefore use the mutual potential for synergies. To ensure efficiency and wise use of resources, implementation of this Directive needs to be closely coordinated with Directive 2000/60/EC.

16. In cases of multi-purpose use of water bodies for different forms of sustainable human activities (e.g. flood risk management, ecology, inland navigation or hydropower) and impacts of these uses on the water bodies, Directive 2000/60/EC provides for a clear and transparent process for addressing such uses and impacts, including possible exemptions from the objectives of ‘good status’ or and of ‘non-deterioration’ in its Article 4(7)).

17. The measures necessary for the implementation of this Directive should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission[15].

18. This Directive respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union. In particular, this seeks to promote the integration into Community policies of a high level of environmental protection in accordance with the principle of sustainable development as laid down in Article 37 of the Charter of Fundamental Rights of the European Union.

19. Since the objectives of the action to be taken cannot be sufficiently achieved by the Member States and can therefore, by reason of scale and effects of action, be better achieved at Community level, the Community may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Decision does not go beyond what is necessary in order to achieve those objectives,

HAVE ADOPTED THIS DIRECTIVE:

Chapter I General Provisions

Article 1

This Directive lays down a framework for the reduction of risk to human health, the environment and economic activity associated with floods in the Community.

Article 2

For the purpose of this Directive, in addition to the definitions of “river”, “river basin”, “sub basin” and “river basin district” as set out in Article 2 of Directive 2000/60/EC, the following definitions shall apply:

1. ”flood” means temporary covering by water of land not normally covered by water.

2. ”flood risk” means the likelihood of a flood event of a certain severity together with the estimated damage to human health, the environment and economic activity associated with a flood event of that severity.

Article 3

For the purposes of this Directive Member States shall make use of the arrangements made under Article 3(1), (2), (3) and (6)of Directive 2000/60/EC.

Chapter II Preliminary flood risk assessment

Article 4

1. Member States shall, for each river basin district or the portion of an international river basin district lying within their territory, undertake a preliminary flood risk assessment in accordance with paragraph 2.

2. The preliminary flood risk assessment shall include at least the following:

(a) a map of the river basin district including the borders of the river basins, sub-basins and where appropriate associated coastal zones, showing topography and land use;

(b) a description of the floods which have occurred in the past;

(c ) a description of flooding processes and their sensitivity to change, including the role of flood plain areas as a natural retention/buffer of floods and flood conveyance routes now or in the future;

(d) a description of development plans that would entail a change of land use or of allocation of the population and distribution of economic activities resulting in an increase of flood risks in the area itself or in upstream or downstream regions;

(e) an assessment of the likelihood of future floods based on hydrological data, types of floods and the projected impact of climate change and land use trends;

(f) a forecast of the estimated consequences of future floods to human health, the environment and economic activity taking into account long-term developments including climate change.

Article 5

1. On the basis of the assessment set out in article 4, each river basin, sub-basin or stretch of coastline covered by a river basin district shall be assigned to one of the following categories:

(a) River basins, sub-basins or stretch of coastline for which it is concluded that no potential significant flood risks exist or might reasonably be considered likely to occur or that the potential consequences to human health, the environment or economic activity are considered to be acceptably low;

(b) River basins, sub basins or stretch of coastline for which it is concluded that potential significant flood risks exist or might reasonably be considered likely to occur.

2. The assignment under paragraph 1 of an international river basin or sub-basin or stretches of coastline of an international river basin district, shall be coordinated between the Member States concerned.

Article 6

1. Member States shall complete the preliminary flood risk assessment at the latest three years after the date of entry into force of this Directive.

2. Member States shall review and update, if necessary, the assessment under paragraph 1 at the latest in 2018 and every six years thereafter.

Chapter III Flood risk maps

Article 7

1. Member States shall at the level of the river basin district, prepare flood maps and indicative flood damage maps, hereinafter “flood risk maps”, for the river basins, sub basins and stretches of coastline identified under point (b) Article 5 paragraph 1.

2. The flood maps shall cover the geographical areas which could be flooded according to the following scenarios:

(a) floods with a high probability (likely return period, once in every 10 years);

(b) floods with a medium probability (likely return period, once in every 100 years)

(c) floods with a low probability (extreme events).

For each scenario set out in the first subparagraph the following elements shall be shown:

(a) projected water depths;

(b) the flow velocity, where appropriate;

(c) areas which could be subject to bank erosion and debris flow deposition.

3. The indicative flood damage maps shall show the potential damage associated with floods under the scenarios referred to in paragraph 2 and expressed in terms of the following:

(a) the number of inhabitants potentially affected;

(b) potential economic damage in the area;

(c) potential damage to the environment.

Article 8

1. Member States shall ensure that the flood risk maps are completed by 22 December 2013 at the latest.

2. They shall be reviewed, and if necessary updated by 22 December 2019 at the latest and every six years thereafter.

Chapter IV Flood risk management plans

Article 9

1. Member States shall prepare and implement flood risk management plans at the level of the river basin district for the river basins, sub-basins and stretches of coastline identified under point (b) of Article 5 paragraph 1 in accordance with paragraphs 2 and 3 of this Article.

2. Member States shall establish appropriate levels of protection specific to each river basin, sub basin or stretch of coastline, focusing on the reduction of the probability of flooding and of potential consequences of flooding to human health, the environment and economic activity, and taking into account relevant aspects: water management, soil management, spatial planning, land use and nature conservation.

3. The flood risk management plans shall include measures that aim at achieving the levels of protection established in accordance with paragraph 2.

The flood risk management plan shall address all phases of the flood risk management cycle focusing on prevention, protection, preparedness, and taking into account the characteristics of the particular river basin or sub basin.

4. Flood risk management measures taken in one Member State must not increase flood risks in neighbouring countries.

Article 10

1. The first flood risk management plan shall include the components set out in Part A of the Annex. The subsequent review, in accordance with Article 11 (2) shall include the components set out in part B of the Annex.

2. Member States shall submit to the Commission an interim report describing the progress in the implementation of the planned measures within three years of publication of each flood risk management plan or update.

Article 11

1. Member States shall ensure that flood risk management plans are completed and published by 22 December 2015 at the latest and implemented from 23 December 2015.

2. The flood risk management plan(s) shall be reviewed and updated in 2021 at the latest and every six years thereafter.

Article 12

1. For river basin districts which fall entirely within their territory, Member States shall ensure that one single flood risk management plan is produced.

2. In the case of an international river basin district falling entirely within the Community, Member States shall ensure coordination with the aim of producing one single international flood risk management plan.

Where such a plan is not produced, Member States shall produce flood risk management plans covering at least the parts of the international river basin district falling within their territory.

3. In the case of an international river basin district extending beyond the boundaries of the Community, where one single international flood risk management plan including any third country concerned is not produced, Member States shall produce flood risk management plans covering at least the parts of the international river basin district lying within the territory of the Member States concerned.

Chapter V Coordination with Directive 2000/60/EC, public information and participation

Article 13

1. The development of the first flood risk maps and their subsequent reviews as referred to in Article 8 of this Directive, shall be carried out in close co-ordination with and, if considered appropriate, integrated into the reviews provided for in Article 5(2) of Directive 2000/60/EC.

2. The development of the first flood risk management plans and their subsequent reviews as referred to in article 10 of this Directive shall be carried out in close co-ordination with and, if considered appropriate, integrated into, the reviews of the river basin management plans provided for in Article 13(7) of Directive 2000/60/EC.

3. Member States shall ensure that the active involvement of all interested parties under article 14 of this Directive is coordinated with the active involvement of all interested parties under Article 14 of Directive 2000/60/EC.

Article 14

1. Member States shall make the preliminary flood risk assessment, the flood risk maps and the flood risk management plans available to the public.

2. Member States shall ensure an active involvement of all interested parties in the production, review and updating of the flood risk management plans referred to in Chapter IV.

Chapter VI Implementing measures and amendments

Article 15

1. The Commission may, in accordance with the procedure referred to in Article 16(2), adopt technical formats for the purpose of transmission and processing of data, including statistical and cartographic data.

2. The Commission may, taking into account the periods for review and updating and in accordance with the procedures laid down in Article 16(2), adapt Article 4(2), Article 7(2) and (3) and the Annex to scientific and technical progress.

Article 16

1. The Commission shall be assisted by the committee established under Article 21 of Directive 2000/60/EC (hereinafter referred to as "the Committee").

2. Where reference is made to this paragraph, the Articles 5 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months.

3. The Committee shall adopt its rules of procedure.

Chapter VII Reports and final provisions

Article 17

Member States shall submit the preliminary flood risk assessment, the flood risk maps and flood risk management plans to the Commission within three months after their completion.

Article 18

The Commission shall by 22 December 2018 submit to the European Parliament and to the Council a report on the implementation of this Directive at the latest and every six years thereafter.

Article 19

1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by [two years after day of entry into force at the latest. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.

When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.

2. Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.

Article 20

This Directive shall enter into force on the [twentieth] day following that of its publication in the Official Journal of the European Union .

Article 21

This Directive is addressed to the Member States.

Done at Brussels,

For the European Parliament For the Council

The President The President

Annex

Flood risk management plans

A. Components of the first flood risk management plans:

1. the conclusions of the preliminary flood risk assessment as required in chapter II;

2. flood risk maps as prepared under Chapter III, and the conclusions that can be drawn from those maps;

3. a description of the appropriate level of protection, established in accordance with Article 9 (2);

4. a description of the measures required to achieve the appropriate levels of protection including the measures taken in accordance with Article 9, and flood related measures taken under other Community acts;

5. a description of the public information and consultation measures/actions taken;

6. a description of the co-ordination process within any international river basin district and of the coordination process with Directive 2000/60/EC, and a list of competent authorities.

B. Components of the subsequent update of flood risk management plans:

1. any changes or updates since the publication of the previous version of the flood risk management plan, including a summary of the reviews carried out in chapters II, III and IV;

2. an assessment of the progress made towards the achievement of the level of protection;

3. a description of, and an explanation for, any measures foreseen in the earlier version of the flood risk management plan which have not been undertaken;

4. a description of any additional measures since the publication of the previous version of the flood risk management plan.

[1] EUrosion: http://www.eurosion.org

[2] Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy, OJ L 327 of 22.12.2000

[3] COM(2004)472final of 12.07.2004

[4] http://www.floodsite.net

[5] Council Regulation (EC) No 1698/2005 of 20 September 2005 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD), OJ L277 of 21.10.2005

[6][7] The deadlines in the Water Framework Directive all refer to 22 December, the date of entry into force.

[8] OJ C […] […], p.[…].

[9] OJ C […] […], p.[…].

[10] OJ C […] […], p.[…].

[11] OJ C […] […], p.[…].

[12] OJ L 327 of 22.12.2000, p.1 Directive amended as Decision No 2455/2001/EC (OJ L 331, 15.12.2001, p.1)

[13] COM(2004)372 final of 12.7.2004.

[14] OJ L297, 15.11.2001, p.7.

[15] OJ L311, 14.11.2001, p.3.

[16] OJ L 184, 17.7.1999, p. 23.