WRITTEN QUESTION P-0010/03 by Alexander de Roo (Verts/ALE) to the Commission. European Water Authority.
Date: 2003-01-10
Institutions: European Parliament, Provisional data
Subjects: EU environmental policy, EU office or agency, cross-border cooperation, environmental risk prevention, flood, water management, watercourse

9.10.2003

EN

Official Journal of the European Union

C 242 E/83

There is moreover an important safeguard for software developers in Article 6 of the proposal, which will
have the effect that the exercise of patent rights cannot interfere with the exceptions which are provided
under Council Directive 91/250/EEC of 14 May 1991, on the legal protection of computer programs (2) by
copyright in connection with the purpose of achieving interoperability.

Finally, according to Articles 7 and 8 of the proposal, the Commission is called upon to monitor and
report to the Council and Parliament on the impact of computer-implemented inventions on innovation
and competition both in Europe and internationally. This provision, which is cast in terms broader than
mere consideration of the effects of the directive, provides a valuable mechanism for responding to
unforeseen future developments in this sector.

(1) OJ C 151, 25.6.2002.
(2) OJ L 122, 17.5.1991.

(2003/C 242 E/087)

WRITTEN QUESTION P-0010/03

by Alexander de Roo (Verts/ALE) to the Commission

(10 January 2003)

Subject: European Water Authority

Member States are faced increasingly frequently with high water levels and flooding of rivers, particularly
the Danube, Elbe, Meuse and Scheldt.

This problem can be partially explained by the absence of an overall water management body. Such a
body would not be concerned primarily with the quality of the water. Considerable progress has been
made in that area in the past few decades, particularly in the form of the Water Framework Directive
(2000/60/EC (1)), which comes into force on 22 December 2003. This EU law states only (Annex I) that
the water quantity must be registered, but not that it must be regulated.

international water control bodies, such as the Rhine Commission and the Danube
Alongside this,
Commission, already exist. However, the existing international water management bodies have no powers
as regards the management of water quantity. In managing the quantity of river water, too many of the
bodies responsible at regional and national level pay too little attention to creating natural retention areas,
with careful management of forelands and a sustainable policy for embankments. This neglect often has
devastating effects on downstream rivers, as we experienced in 2002 in the case of the Elbe and Danube,
and as happens almost every year in the case of the Rhine, the Meuse and the Scheldt.

Does the Commission agree that management of the water quantity in the basins of rivers that flow
through more than one country is a cross-border problem that can only be effectively dealt with at
European level?

Is the Commission prepared in the short term to investigate whether there is an appropriate legal basis in
the European Treaties to establish a European authority for the basins of the major cross-border rivers,
beginning with the Elbe, Rhine, Meuse and Scheldt, with a view to addressing the cross-border problem of
water quantity?

If the existing laws and regulations do not, in the opinion of the Commission, provide an adequate basis
for this, is it prepared to state what steps it believes must be taken to create a legal basis which does make
it possible to tackle cross-border issues of water quantity in the major European rivers?

(1) OJ L 327, 22.12.2000, p. 1.

C 242 E/84

Official Journal of the European Union

EN

9.10.2003

Answer given by Mrs Wallström on behalf of the Commission

(6 February 2003)

The Water Framework Directive (1) addresses selected aspects of water quantity such as water quantity
being a mandatory part of good groundwater status, providing for a sustainable long-term balance between
resources available and abstractions. Whilst it will contribute to mitigating the effects of floods and
droughts (cf Article 1(e)),
targets for flood prevention and flood
protection, not least with a view to the legal basis of article 175(1) of the EC Treaty.

it does not per se set operational

The International River Conventions mentioned by the Honourable Member (Rhine, Elbe, Schelde, Maas)
do have flood prevention among their statutory objectives and are actively involved in addressing flood
prevention and flood protection (2). The Commission representing the Community in the bodies of these
conventions is proactively supporting these efforts.

The Commission, Member States and Candidate Countries have in 2002 started comprehensive
cooperation on the issue of flooding. Beyond the formal scope of the Water Framework Directive,
exchange of information, knowledge and experience on flood prevention and flood protection will, during
2003, lead to a joint document on best practices in flood prediction, prevention and mitigation. At the
same time the Commission is working on a horizontal initiative addressing environmental risks (forest
fires, earthquakes, flood events, and technological risks), with a Commission Communication foreseen
during the first half of 2003. Following discussion on this Communication and the collating of best
practices, the Commission will consider the need for and the scope of possible legislative frameworks. In
parallel,
the Commission’s Joint Research Centre has developed a flood prediction and modelling
instrument for the Oder river basin. This instrument is now to be applied to and made operational for
the Elbe and Danube basins as well.

In the context of Community funding, the Community Initiative Interreg III of the European Regional
Development Fund (ERDF) for the period 2000-2006 can, on the operational level, contribute to support
ongoing actions at international level for flood prevention and protection. In particular its strand B, for
in particular water
transnational co-operation, promotes the good management of natural resources,
resources, following an integrated spatial planning approach.

Transnational programmes cover cross-border river basins, such as the Rhine-Meuse (North West Europe
programme) and the Danube or the Oder-Neiss (Cadses programme (cid:1) Central, Adriatic and South -Eastern
Europe) or the Alpine Space covering the alpine regions. These programmes include among their priorities
actions to prevent natural disasters, such as flooding.

The types of actions that can be funded on a transnational basis include:

(cid:1) formulation of joint strategies for risk management in areas prone to flooding;

(cid:1) drawing up and implementation of integrated strategies and actions for the prevention of flooding in

transnational river-catchment areas;

(cid:1) infrastructure investments, for instance for creating retention and overflow areas or for the Restoration

of the natural course of tributaries and of overflow areas;

(cid:1) improvement of observation, forecasting, data exchange, monitoring and risk management as well as
testing new technologies (e.g. simulation models, meteorological monitoring etc.) on various scales;

(cid:1) development of new and more efficient planning tools (danger zone plans, models) for the prevention

of natural disasters in areas prone to flooding;

(cid:1) development of information systems for an optimum spreading of information in order to protect

population from flooding, thus raising public awareness on risks;

(cid:1) improving existing forecasting/warning systems. Promotion and realisation of good practice e.g.

enhancement of monitoring, warning and protection systems.

In the framework of these programmes, several projects are already addressing these issues and bringing
together different actors, working together to improve flooding prevention.

9.10.2003

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Official Journal of the European Union

C 242 E/85

In the previous structural Funds programming period (1997-1999), the Initiative IRMA (Interreg Rhein-
Meuse Activities) already provided financial support for the prevention of flooding in the Rhine-Meuse
basin (over EUR 130 million from the ERDF for a total funding of over EUR 400 million).

In the present period, from 2000 to 2006, the programme North West Europe has by far reserved the
most important budget for flood prevention (cid:1) its measure for ‘The prevention of flood damage’ amounts
to some EUR 92,3 million, of which EUR 46,2 million from the ERDF. The Cadses programme,
in its
priority for ‘Environment protection’ reserves about EUR 28,5 million for possible actions in the field of
‘environment protection’, ‘risk management’ and ‘integrated water management’. Finally, the Alpine Space
programme, its measure ‘Co-operation in the field of natural risks’ foresees a total of EUR 17 million, of
which EUR 8,5 million from the ERDF.

(1) Directive 2000/60/EC of the Parliament and of the Council of 23 October 2000 establishing a framework for

Community action in the field of water policy.

(2) Rhine: action plan flood protection adopted, implementation ongoing. Elbe: flood protection strategy adopted, draft
action programme currently validated following the 2002 flood disaster, adoption foreseen end-2003. Danube river:
minimisation of impacts of floods as part of the adopted action programme, follow-up evaluation ongoing. Maas
and Scheldt: flood prevention and protection is key part of the recently signed new Conventions.

(2003/C 242 E/088)

WRITTEN QUESTION E-0013/03

by Theresa Villiers (PPE-DE) to the Commission

(20 January 2003)

Subject: Investment Services Directive

What is the Commission’s intention with regard to the extent to which the Investment Services Directive,
as revised, should prohibit the making of rules which would permit the sale of investment products or
services where they have not been preceded by measures to ensure that they are suitable to individual
potential customers?

Answer given by Mr Bolkestein on behalf of the Commission

(12 February 2003)

The Commission’s intention is to strengthen the Community’s legislative framework to protect investors by
enhancing obligations of investment firms when providing services to clients.

To this end, Article 18 of the proposal (1) requires Member States to ensure that investment firms obtain
the necessary information from the client regarding its knowledge and experience in the investment field,
its investment objectives and financial situation so as to enable the investment firm to determine the
investment services and financial instruments suitable for that client. The Commission’s approach is based
on the current Article 11 of the existing Investment Services Directive (2). This approach is in line with the
harmonised conduct of business rule-book agreed by CESR.

The Commission believes it is indispensable for an investment firm acting on behalf of a client, in order to
properly fulfil its agency obligations to its clients, to obtain that information and to assess the suitability,
for that client, of services or transactions in financial instruments which are being considered. Having said
that, the Commission fully accepts that the intensity of this assessment and the manner in which it is
undertaken needs to be carefully worked out to take into account, inter alia, the nature of the service (what
would be appropriate for an automated execution-only service might not be for a discretionary portfolio
management service) and of the financial product.