Proposal for a Directive of the European Parliament and of the Council on the assessment and management of floods {SEC(2006) 66}
Date: 2006-01-18
Institutions: European Commission
Subjects: EU programme, environmental policy, environmental risk prevention, flood

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) 

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EXPLANATORY MEMORANDUM 

1)  CONTEXT OF THE PROPOSAL 

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•  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  billion1.  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. 

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•  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 

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EUrosion: http://www.eurosion.org 

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the issue of floods and the impact of climate change on flood risks have not yet been 
addressed.  The  Water  Framework  Directive  2000/60/EC2  (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 management3 provided an analysis and 
proposed concerted EU action. This proposal is one component of that action. 

•  Existing provisions in the area of the proposal 

There are no existing provisions in the area of the proposal. 

•  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 20055 includes flood-related measures (preparation and planning 
plus operational measures) among the activities eligible for support. 

2)  CONSULTATION OF INTERESTED PARTIES AND IMPACT ASSESSMENT 

•  Consultation of interested parties 

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Consultation methods, main sectors targeted and general profile of respondents 

Following the 2002 flood events, a technical document on best practices was drafted by 

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4 
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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 
COM(2004)472final of 12.07.2004 
http://www.floodsite.net 
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 

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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. 

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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 

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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.  

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Methodology used 

A series of meetings were held between 2003 and 2005.  

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.  

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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.  

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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. 

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.  

3)  LEGAL ELEMENTS OF THE PROPOSAL 

•  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.  

to  fully  align 

The  proposed  Directive  and  the  measures  taken  to  implement  it  are  closely  linked  to 
implementation  of 
the 
the  WFD.  The  Commission  proposes 
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  synchronised6  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 

6 

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

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plans. 

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•  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). 

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•  Subsidiarity principle 

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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:  

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. 

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.  

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): 

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. 

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•  Choice of instruments 

Proposed instruments: directive. 

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. 

4)  BUDGETARY IMPLICATION 

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. 

5)  ADDITIONAL INFORMATION 

•  Simplification 

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. 

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. 

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Private parties will be fully involved, via public participation in the planning process, 

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and benefit from synergies. 

•  Review/revision/sunset clause 

The proposal includes no review clause. 

•  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. 

•  European Economic Area 

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

•  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: 

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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. 

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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. 

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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 Commission7, 

Having regard to the opinion of the European Economic and Social Committee8, 

Having regard to the opinion of the Committee of the Regions9, 

Acting in accordance with the procedure laid down in Article 251 of the Treaty10, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

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

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. 

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. 

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  policy11 
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 

OJ C […] […], p.[…]. 
OJ C […] […], p.[…]. 
OJ C […] […], p.[…]. 
OJ C […] […], p.[…]. 
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) 

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(5) 

(6) 

(7) 

(8) 

(9) 

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. 

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. 

to  facilitate  reinforced  cooperation 

Council  Decision  2001/792/EC  of  23  October  2001  establishing  a  Community 
in  civil  protection  assistance 
mechanism 
interventions13, 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. 

Under Council Regulation (EC) N° 2012/2002 of 11 November 2002 establishing the 
European Union  Solidarity Fund14 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. 

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. 

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. 

(10) 

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. 

(11)  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 

12 
13 
14 

COM(2004)372 final of 12.7.2004. 
OJ L297, 15.11.2001, p.7. 
OJ L311, 14.11.2001, p.3. 

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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. 

(12)  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. 

(13)  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. 

(14)  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. 

(15) 

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)). 

(16)  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 Commission15. 

(17)  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. 

(18)  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, 

15 

OJ L 184, 17.7.1999, p. 23. 

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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. 

2. 

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

”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. 

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. 

Article 3 

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; 

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(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) 

(e) 

(f) 

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; 

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; 

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

into  account 

taking 

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. 

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 

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

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

2. 

1. 

2. 

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Chapter III 
Flood risk maps 

Article 7 

1. 

2. 

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. 

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. 

2. 

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

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

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Chapter IV 
Flood risk management plans 

Article 9 

1. 

2. 

3. 

4. 

1. 

2. 

1. 

2. 

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. 

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. 

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.  

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

Article 10 

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. 

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 

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. 

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

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Article 12 

1. 

2. 

3. 

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

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. 

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 

1. 

2. 

3. 

1. 

2. 

Article 13 

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. 

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. 

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 

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

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. 

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Chapter VI 
Implementing measures and amendments 

1. 

2. 

1. 

2. 

Article 15 

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. 

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 

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. 

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 

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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. 

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

Article 20 

Article 21 

This Directive is addressed to the Member States. 

Done at Brussels,  

For the European Parliament 
The President 

For the Council 
The President 

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Annex  

Flood risk management plans 

A. 

Components of the first flood risk management plans: 

1. 

2. 

3. 

4. 

5. 

6. 

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

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

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

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; 

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

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. 

2. 

3. 

4. 

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; 

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

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; 

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

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