eunbil · GT0N1412 · 2006-06-21 00:00:00 — THE EUROPEAN UNION , 15 2006 2006/0005 (COD) 10456/06 CODEC 637 ADDENDUM TO NOTE from : General to : Council No. doc.: 10189/06 ENV 339 CODEC 589 No. : 5540/06 ENV 37 CODEC 58 - COM(2006) 15 final Subject : Proposal for a Directive of Parliament and of assessment and management of flood risks Political agreement Delegations will find attached a Presidency compromise on the Articles of the above-mentioned proposal. Modifications to document 10189/06 are underlined while deletions are indicated with square brackets. DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the assessment and management of flood risks THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing Community, and in particular Article 175 (1) thereof, Having regard to the proposal from the Commission (, Having regard to the opinion of Economic and ((, Having regard to the opinion of (((, Acting in accordance with the procedure laid down in Article 251 of the Treaty ((((, The purpose of this Directive is to establish a framework for the assessment and management of flood risks aiming at the reduction of the adverse consequences on human health, the environment, cultural heritage and economic activity associated with floods in the Community. 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: "flood" means temporary covering by water of land not normally covered by water. This shall include floods from rivers, mountain torrents, ephemeral water courses, and floods from the sea in areas, and may [.] exclude floods from sewerage systems. "flood risk" means the combination of the probability of a flood event and of the potential adverse consequences to human health, the environment and economic activity associated with a flood event. For the purposes of this Directive Member States shall make use of the arrangements made under Article 3(1), (2), (3), (5) and (6) of Directive 2000/60/EC. However, for the implementation of this Directive, Member States may: a) appoint competent authorities different from those identified pursuant to Article 3(2) of Directive 2000/60/EC; b) identify certain areas or individual river basins and assign them to a unit of management different from those assigned pursuant to Article 3(1) of Directive 2000/60/EC. In these cases, Member States shall, at the latest 6 months after the date referred to in Article 19, communicate to the Commission the information referred to in of Directive 2000/60/EC. For this purpose, any reference to competent authorities and river basins districts shall be taken as references to the competent authorities and unit of management referred to in the present Article. Member States shall inform the Commission of any changes in the information provided according to this paragraph within three months of the change coming into effect. Preliminary flood risk assessment Member States shall, for each river basin district or unit of management referred to in Article 3(2)(b) or the portion of an international river basin district lying within their territory, undertake a preliminary flood risk assessment in accordance with paragraph 2. The preliminary flood risk assessment shall be undertaken to provide an assessment of potential risks based on available or readily derivable information, such as records. The assessment shall include at least the following: (a) maps of the river basin district at the appropriate scale including the borders of the river basins, sub-basins and where appropriate areas, showing topography and land use; a description of the floods which have occurred in the past and which had significant adverse impacts on human lives, economic activities and the environment and for which the likelihood of similar future events is still relevant, including their flood extent and conveyance routes and an assessment of the adverse impacts they have entailed; (ba) a description of the significant floods, which have occurred in the past, where significant adverse consequences of future similar events might be envisaged; and, where appropriate , it shall include: (c) an assessment of the potential adverse consequences of future floods to human lives, the environment and economic activity taking into account as far as possible issues such as the topography, the position of watercourses and their general hydrological and geo-morphological characteristics, the position of populated areas, areas of economic activity and long-term developments including impacts of climate change on the occurrence of floods. In case of international river basins districts, or unit of management referred to in Article 3(2)(b) shared with other Member States, Member States shall ensure that exchange of relevant information takes place between competent authorities concerned. Member States shall complete the preliminary flood risk assessment at the latest by [three years after the date of entry into force of this Directive]. On the basis of the assessment set out in article 4, Member States shall, for each river basin district or unit of management referred to in Article 3(2)(b) or the portion of an international river basin district lying within their territory identify those areas for which conclude that potential significant flood risks exist or might reasonably be considered likely to occur. The identification under paragraph 1 of areas belonging to an international river basin district, or to a unit of management referred to in Article 3(2)(b) shared with another be coordinated between the Member States concerned. [to be deleted; paragraph 1 moved to Article 4(3); paragraph 2 moved to Article 16b (new)] hazard maps and flood risk maps Member States shall at the level of the river basin district or unit of management referred to in Article 3(2)(b), prepare flood hazard maps and flood risk maps, at the most appropriate scale for the areas identified under Article 5 paragraph 1. The preparation of flood hazard maps and flood risk maps for areas identified under Article 5(1) shared with other Member States shall be subject to prior exchange of information between the Member States concerned. The flood hazard maps shall cover the geographical areas which could be flooded according to the following scenarios: (a) floods with a low probability or extreme events scenarios; (b) floods with a medium probability (likely return period ( 100 years); (c) floods with a high probability, where appropriate. For each scenario set out in paragraph 2 the following elements shall be shown: (a) the flood extent; (aa) water depths or water level as appropriate; (b) where appropriate, the flow velocity or the relevant water flow. The flood risk maps shall show the potential adverse consequences associated with floods under the scenarios referred to in paragraph 2 and expressed in terms of the following: (a) the indicative number of inhabitants potentially affected; (b) type of economic activity of the area potentially affected; (c) installations as referred to in of Directive 96/61/EC ( which might cause accidental pollution in case of flooding and protected areas identified in (1)(i),(iii) and (v) of Directive 2000/60/EC potentially affected; (d) other information which the considers useful such as the indication of areas where floods with high content of transported sediments and debris floods can occur. Member States may decide that, for areas where an adequate level of protection is in place, the preparation of flood hazard maps referred to in Article 7(2) shall be limited to the scenario described in Article 7(2)(a). Member States may decide that for areas where flooding is from groundwater sources, the preparation of flood hazard maps referred to in Article 7(2) shall be limited to the scenario described in Article 7(2)(a). Member States shall ensure that the flood hazard maps and flood risk maps are completed by at the latest. [to be deleted; paragraph 1 moved to Article 7(5); paragraph 2 moved to Article 16b (new)] On the basis of the maps referred to in Article 7 Member States shall establish flood risk management plans coordinated at the level of the river basin district or unit of management referred to in Article 3(2)(b) for the areas identified under Article 5(1) and the areas covered by Article 16a(1) second indent in accordance with paragraphs 2 and 3 of this Article. Member States shall establish appropriate objectives for the management of flood risks for the areas identified under Article 5 (1) and the areas covered by Article 16a(1) second indent, focusing on the reduction of the potential adverse consequences of flooding to human health, the environment and economic activity, and, if considered appropriate, on non-structural initiatives and/or on the reduction of likelihood of flooding. The flood risk management plans shall include measures that aim at achieving the objectives established in accordance with paragraph 2 and shall include the components set out in Part A of the . The flood risk management plans should take into account relevant aspects such as costs and benefits, flood extent and flood conveyance routes and areas with the potential of retention of floods, the environmental objectives of Article 4 of Directive 2000/60/EC, soil and water management, spatial planning, land use, nature conservation, navigation and [.] The flood risk management plans shall address all aspects of flood risk management focusing on prevention, protection, preparedness, including flood forecasts and early warning systems and taking into account the characteristics of the particular river basin or sub basin. risk management plans may also include the controlled flooding of certain areas in the case of a flood event. risk management plans established in one must not include measures which, by their extent and impact, increase flood risks upstream or downstream of other countries in the same river basin or sub basin, unless these measures have been coordinated and an agreed solution has been found among Member States in the framework of Article 12. Member States shall ensure that flood risk management plans are completed and published by at the latest. [to be deleted; paragraph 1 moved (in part) to Article 9(3)first indent and (in part) to Article 16b; paragraph 2 moved to Article 17(2) new] [to be deleted; paragraph 1 moved to Article 9(5); paragraph 2 moved to Article 16b] For river basin districts or unit of management referred to in Article 3(2)(b) which fall entirely within their territory, Member States shall ensure that one single flood risk management plan, or a set of flood risk management plans coordinated at the level of the river basin district, is produced. In the case of an international river basin district or unit of management referred to in Article 3(2) (b) falling entirely within the Community, Member States shall ensure coordination with the aim of producing one single international flood risk management plan, or a set of flood risk management plans coordinated at the level of the international river basin district. Where such plans are 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, as far as possible coordinated at the level of the international river basin district. In the case of an international river basin district or unit of management referred to in Article 3(2)(b) extending beyond the boundaries of the Community, Member States shall endeavour to produce one single international flood risk management plan or a set of flood management plans coordinated at the level of the international river basin district; where this is not possible, paragraph 2 shall apply for the parts of the international river basin falling within their territory. The flood risk management plans referred to in paragraphs 2 and 3 shall be supplemented, where considered appropriate by countries sharing a sub-basin, by more detailed flood risk management plans coordinated at the level of the international sub-basins. Where a Member States identifies an issue which has an impact on the management of flood risks of its water but cannot be resolved by that , it may report the issue to the Commission and any other concerned and may make recommendations for the resolution of it. The Commission shall respond to any report of recommendations from Member States within a period of six months. Coordination with Directive 2000/60/EC, public information and consultation Member States shall take appropriate steps to coordinate the application of this Directive and that of Directive 2000/60/EC focusing on opportunities for improving efficiency, information exchange and for achieving common synergies and benefits having regard to the environmental objectives laid down in Article 4 of Directive 2000/60/EC. The development of the first flood hazard and risk maps and their subsequent reviews as referred to in Articles 7 and 16b of this Directive, shall be carried out so that the information they contain is consistent with relevant information presented according to Directive 2000/60/EC. They may, if considered appropriate, be further co-ordinated with and integrated into the reviews provided for in Article 5(2) of Directive 2000/60/EC. The development of the first flood risk management plans and their subsequent reviews as referred to in Articles 9 and 16b of this Directive shall be carried out, if considered appropriate, in co-ordination with and may be integrated into, the reviews of the river basin management plans provided for in Article 13(7) of Directive 2000/60/EC. The involvement of all interested parties under article 14 of this Directive shall be coordinated, as appropriate, with the involvement of interested parties under Article 14 of Directive 2000/60/EC. In accordance with applicable Community legislation, Member States shall make the preliminary flood risk assessment, the flood hazard maps, the flood risk maps and the flood risk management plans available to the public. Member States shall encourage an involvement of interested parties in the production, review and updating of the flood risk management plans referred to in Chapter IV. Implementing measures and amendments The Commission may, in accordance with the procedure referred to in Article 16(2), adopt technical formats for the purpose of processing and transmission of data, including statistical and cartographic data, to the Commission. The technical formats should be adopted at least two years before the dates indicated in Articles 4(3), 7(5) and 9(5), taking into account existing standards as well as formats developed under relevant Community acts. 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 the to scientific and technical progress. The Commission shall be assisted by the committee established under Article 21 of Directive 2000/60/EC (hereinafter referred to as "the Committee"). 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. shall adopt its rules of procedure. Member States may decide not to undertake the preliminary risk assessment referred to in Article 4 for those river basins, sub basins or areas, where they have either: - already undertaken a risk assessment to conclude, prior to [the date [.] referred to in Article 19], that a potential significant flood risk exists or might be reasonably considered likely to occur leading to the identification of the area among those referred to in Article 5(1) or - decided, prior to [the date [.] referred to in Article 19] to prepare flood hazard maps and flood risk maps and to establish flood risk management plans in accordance with the relevant provisions of this Directive. Member States may decide to make use of flood hazard maps and flood risk maps finalised prior to [the date [.] referred to in Article 19], if such maps provide an equivalent level of information to the requirements of Article 7. Member States may decide to make use of flood risk management plans finalised prior to [the date [.] referred to in Article 19], provided the content of these plans would be equivalent to the plan requirements set out in Article 9. Paragraphs 1, 2 and 3 of this Article shall apply without prejudice to Article 16b. Reviews, reports and final provisions The preliminary flood risk assessment, or the assessment and decisions referred to in Article 16a (1), shall be reviewed and if necessary updated by at the latest and every six years thereafter. The flood hazard maps, the flood risk maps and the flood risk management plan(s) shall be reviewed and if necessary updated, including the components set out in part B of the , by at the latest and every six years thereafter . The likely impact of climate change on the occurrence of floods shall be taken into account in the reviews referred to in paragraphs 1 and 2 of this Article. Member States shall make available the preliminary flood risk assessment, the flood hazard maps, the flood risk maps and flood risk management plans referred to in Articles 4,7 and 9, as well as their review and, where applicable, their updates to the Commission within three months after the dates indicated respectively in Articles 4(3), 7(5), 9(5) and 16b. Member States shall inform the Commission of the decisions taken in accordance with paragraphs 1, 2 and 3 of Article 16a and make available the relevant information thereon by the dates indicated respectively in Article 4(3), Article 7(5) and Article 9(5). The Commission shall by submit to Parliament and to the Council a report on the implementation of this Directive at the latest and every six years thereafter. 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 [.] 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. 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. This Directive shall enter into force on the [twentieth] day following that of its publication in the . This Directive is addressed to the Member States. For Parliament For the Council A risk management plans I. Components of the first flood risk management plans: 1. the conclusions of the preliminary flood risk assessment as required in chapter II in the form of a summary map of the river basin district or the [.] unit of management referred to in Article 3(2)(b) delineating the areas identified under Article 5 (1) which are the subject of this flood risk management plan; 2. flood hazard maps and flood risk maps as prepared under Chapter III, or already in place in accordance with Article 16a, and the conclusions that can be drawn from those maps; 3. a description of the appropriate objectives of flood risk management, established in accordance with Article 9 (2); 4. a summary of the measures aiming to achieve the appropriate objectives of flood risk management, including the measures taken in accordance with Article 9, and flood related measures taken under other Community acts (; when available, for shared river basins or sub-basins, a description of the methodology, defined by the Member States concerned, of cost-benefit analysis used to assess measures with trans-national effects. Description of the implementation of the plan: a description of the way in which progress in implementation of the plan will be monitored; 5. a summary of the public information and consultation measures/actions taken; 6. a list of competent authorities and, as appropriate, a description of the co-ordination process within any international river basin district and of the coordination process with Directive 2000/60/EC. 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 compliance with Article 16b; 2. an assessment of the progress made towards the achievement of the objectives referred to in Article 9(2); 3. a description of, and an explanation for, any measures foreseen in the earlier version of the flood risk management plan which were planned to be undertaken and have not been taken forward; 4. a description of any additional measures since the publication of the previous version of the flood risk management plan. All delegations and the Commission: general scrutiny reservation on the Presidency compromise. XX/XX/XX/XX: parliamentary scrutiny reservation. ( OJ C [.] ], p.[. (( OJ C [.] ], p.[. ((( OJ C [.] ], p.[. (((( OJ C [.] ], p.[. XX/XX/XX/XX consider that the scope of the proposal should be limited to international river basins. XX/XX/XX/XX/XX/XX/XX/XX/XX/XX/XX/XX/XX/XX do not share this view. XX suggests adding at the end: ". and laying down specific requirements for trans-national cooperation.". Several delegations/Cion could support the latter proposal as a compromise. XX/XX/XX: reservation on "where appropriate". XX/XX/XX/XX/XX suggest a five year time period. XX suggests "". Cion opposes these suggestions, given the need to coordinate with the Water Framework Directive"s deadlines. ( Council Directive 96/61/EC of concerning integrated pollution prevention and control, as amended. XX/XXsuggest 2015 in Article 7(5) and 2017 in Article 9(5). XX opposes this suggestion. XX/LXX: add a reference to "sub basins". XX/XX: opposed to this suggestion. ( A recital will be added on the solidarity principle. Cion opposes the weakening of coordination with Directive 2000/60 as foreseen by the compromise text in paragraphs 2 and 3. XX: reservation on this Article. XX: add "undertaken or" here and in paragraph 3. XX: add here and in paragraph 3: " and are not obliged to produce new ones. XX: delete the reference to a deadline or add five years with respect to the date of entry into force (= 2013). XX/XX/XX: reservation on indicating a single deadline for reviewing the maps and the management plans and on deleting the reference to the deadlines of Directive 2000/60/EC. Suggest 2019 for the review of the maps and 2021 for the review of the management plans. XX: reservation on the deletion of the provisions on the interim progress reports. The interval of 6 years for information on important developments and changes is too long. ( New recital: ""In accordance with paragraph 34 of the Interinstitutional agreement on Better Law-making, Member States are encouraged to draw up, for themselves and in the interest of the Community, their own tables, which will, as far as possible, illustrate the correlation between the Directive and the transposition measures and to make them public. ( Including Directive 2001/42/EC (Strategic Environmental Assessment), Directive 1985/337/EEC (Environmental Impact Assessment), Directive 1996/82/EC (Seveso), Directive 2000/60/EC (Water Framework). 10456/06 ADD 1 UNOFFICIAL CM/pc DG I LIMITEEN 10456/06 ADD 1 UNOFFICIAL CM/pc LIMITEEN 10456/06 ADD 1 UNOFFICIAL CM/pc to the LIMITEEN