Common Position (EC) No 33/2006 of 23 November 2006 adopted by the Council, acting in accordance with the procedure referred to in Article 251 of the Treaty establishing the European Community, with a view to adopting a Directive of the European Parliament and of the Council on the assessment and management of flood risks
Date: 2006-11-23
Institutions: Council of the European Union
Subjects: environmental risk prevention, flood, sensitive area

C 311E/10

EN

Official Journal of the European Union

19.12.2006

COMMON POSITION (EC) No 33/2006

adopted by the Council on 23 November 2006

with a view to adopting Directive 2006/…/EC of the European Parliament and of the Council of …
on the assessment and management of flood risks

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EURO-
PEAN UNION,

(5)

(2006/C 311 E/02)

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

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Economic and
Social Committee (1),

Acting in accordance with the procedure laid down in Article
251 of the Treaty (2),

Whereas:

(1)

(2)

(3)

(4)

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

Floods
are natural phenomena which cannot be
prevented. However, some human activities and climate
change contribute to an increase in the likelihood and
adverse impacts of flood events.

It is feasible and desirable to reduce the risk of adverse
consequences, especially for human health and life, the
environment, cultural heritage, economic activity and
infrastructure associated with floods. However, measures
to reduce these risks should, as far as possible, be coordi-
nated 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 frame-
work for Community action in the field of water
policy (3) requires river basin management plans to be
developed for each river basin district
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 of flooding caused by climate change.

in order

(1) Opinion of 17 May 2006 (not yet published in the Official Journal).
(2) Opinion of the European Parliament of 13 June 2006 (not yet
published in the Official Journal) and Council Decision of … (not
yet published in the Official Journal).

(3) OJ L 327, 22.12.2000, p. 1. Directive as amended by Decision No

2455/2001/EC (OJ L 331, 15.12.2001, p. 1).

the

the Council,

The Commission Communication of 12 July 2004 to the
European Parliament,
European
Economic and Social Committee and the Committee of
the Regions ‘Flood risk management — Flood preven-
tion, protection and mitigation’ sets out its analysis and
approach to managing flood risks at Community level,
and states that concerted and coordinated action at
Community level would bring considerable added value
and improve the overall level of flood protection.

(6)

(7)

(8)

(9)

in
Effective flood prevention and mitigation requires,
addition to coordination between Member States, coop-
eration with third countries. This
in line with
Directive 2000/60/EC and international principles of
flood risk management as developed notably under the
United Nations Convention on the protection and use of
transboundary water courses and international
lakes,
approved by Council Decision 95/308/EC (4), and any
succeeding agreements on its application.

is

Council Decision 2001/792/EC, Euratom of 23 October
2001 establishing a Community mechanism to facilitate
reinforced cooperation in civil protection assistance
interventions (5) 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 prepared-
ness and resilience.

Under Council Regulation (EC) No 2012/2002 of 11
November 2002 establishing the European Union Soli-
darity Fund (6) it is possible to grant rapid financial assis-
tance in the event of a major disaster to help the people,
natural zones, regions and countries concerned to return
to conditions that are as normal as possible, but the
Fund may only intervene for emergency operations, and
not for the phases preceding an emergency.

the Community different types of

Throughout
floods
occur, such as river floods, flash floods, urban floods
and floods from the sea in coastal areas. The damage
caused by flood events may also vary across the coun-
tries and regions of the Community. Hence, objectives
regarding the management of
flood risks should be
determined by the Member States themselves and should
be based on local and regional circumstances.

(4) OJ L 186, 5.8.1995, p. 42.
(5) OJ L 297, 15.11.2001, p. 7.
(6) OJ L 311, 14.11.2002, p. 3.

19.12.2006

EN

Official Journal of the European Union

C 311E/11

(10)

(11)

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. In each river basin
district or unit of management the flood risks and need
for further action should be assessed.

technical,

In order to have available an effective tool for informa-
tion, as well as a valuable basis for priority setting and
further
and political decisions
is necessary to
regarding flood risk management
provide for the establishing of flood hazard maps and
flood risk maps showing the potential adverse conse-
quences associated with different flood scenarios.

financial

it

(12) With a view to avoiding and reducing the negative
impacts of floods in the area concerned it is appropriate
to provide for flood risk management plans. The causes
and consequences of flood events vary across the coun-
tries and regions of the Community. Flood risk manage-
ment plans should therefore take into account the par-
ticular characteristics of the areas they cover and provide
for tailored solutions according to the needs and priori-
ties of those areas, whilst ensuring relevant coordination
within river basin districts.

(13)

(14)

(15)

Flood risk management plans should focus on preven-
tion, protection and preparedness. The elements of flood
risk management plans should be periodically reviewed
and if necessary updated, taking into account the likely
effects of climate change on the occurrence of floods.

The solidarity principle is very important in the context
of flood risk management. In the light of it Member
States should be encouraged to seek a fair sharing of
responsibilities, when measures are jointly decided for
the common benefit, as regards flood risk management
along water courses.

To prevent duplication of work, Member States should
be entitled to use existing preliminary flood risk assess-
ments,
flood hazard and risk maps and flood risk
management plans for the purposes of achieving the
objectives and satisfying the requirements of this Direc-
tive.

(16) Development of river basin management plans under
flood risk management
Directive 2000/60/EC and of
plans under this Directive are elements of
integrated
river basin management. The two processes should
therefore use the mutual potential for common synergies
and benefits, having regard to the environmental objec-
tives of Directive 2000/60/EC, ensuring efficiency and
wise use of resources while recognising that the compe-

(17)

(18)

(19)

(20)

(21)

(22)

authorities

tent
and management units might be
different under this Directive and Directive 2000/60/EC.

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

addressing such uses

for

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 (1).

the fundamental

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

Since the objective of this Directive, namely the estab-
lishment of a framework for measures to reduce the
risks of flood damage, cannot be sufficiently achieved by
the Member States and can by reason of scale and effects
of actions 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 proportion-
ality, as set out in that Article, this Directive does not go
beyond what is necessary in order to achieve that objec-
tive.

In accordance with the principles of proportionality and
subsidiarity and the Protocol on the application of the
principles of subsidiarity and proportionality attached to
the Treaty, and in view of existing capabilities of
Member States, considerable flexibility should be left to
the local and regional
in particular as regards
levels,
organisation and responsibility of authorities.

In accordance with point 34 of the Interinstitutional
Agreement on better law-making (2), Member States are
for themselves and in the
encouraged to draw up,
interest of the Community, their own tables illustrating,
as far as possible, the correlation between this Directive
and the transposition measures, and to make them
public,

(1) OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision

2006/512/EC (OJ L 200, 22.7.2006, p. 11).

(2) OJ C 321, 31.12.2003, p. 1.

C 311E/12

EN

Official Journal of the European Union

19.12.2006

HAVE ADOPTED THIS DIRECTIVE:

CHAPTER II

CHAPTER I

GENERAL PROVISIONS

Article 1

PRELIMINARY FLOOD RISK ASSESSMENT

Article 4

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 for human health, the
environment, cultural heritage and economic activity associated
with floods in the Community.

1. 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 of this Article.

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 defini-
tions shall apply:

1) ‘flood’ means the temporary covering by water of land not
normally covered by water. This shall include floods from
rivers, mountain torrents, Mediterranean ephemeral water
courses, and floods from the sea in coastal areas, and may
exclude floods from sewerage systems;

2) ‘flood risk’ means the combination of the probability of a
flood event and of the potential adverse consequences for
human health,
the environment, cultural heritage and
economic activity associated with a flood event.

Article 3

1.
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.

for
However,
2.
Member States may:

the implementation of

this Directive,

(a) appoint competent authorities different from those identi-
fied pursuant to Article 3(2) of Directive 2000/60/EC;

(b) identify certain coastal 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, by… (*), communicate to
the Commission the information referred to in Annex I to
Directive 2000/60/EC. For
this purpose, any reference to
competent authorities and river basin districts shall be taken as
references to the competent authorities and unit of manage-
ment referred to in this Article. Member States shall inform the
Commission of any changes in the information provided
pursuant to this paragraph within three months of the change
coming into effect.

2.
A 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 assess-
ment 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 coastal areas, showing topography and
land use;

(b) a description of the floods which have occurred in the past
and which had significant adverse impacts on human
health, the environment, cultural heritage and economic
activity and for which the likelihood of similar future
including their flood extent and
events is still relevant,
the adverse
conveyance routes and an assessment of
impacts they have entailed;

(c) a description of the significant floods which have occurred
in the past, where significant adverse consequences of
similar future events might be envisaged;

and, where appropriate, it shall include:

(d) an assessment of the potential adverse consequences of
future floods for human health, the environment, cultural
heritage 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 develop-
ments including impacts of climate change on the occur-
rence of floods.

3.
In the case of international river basin districts, or units
of management referred to in Article 3(2)(b) which are shared
with other Member States, Member States shall ensure that
exchange of relevant
information takes place between the
competent authorities concerned.

(*) Two years and a half after the date of entry into force of this Direc-

tive.

4. Member States shall complete the preliminary flood risk
assessment by 22 December 2012.

19.12.2006

EN

Official Journal of the European Union

C 311E/13

Article 5

(b) type of economic activity of the area potentially affected;

On the basis of a preliminary flood risk assessment as
1.
referred to in Article 4, Member States shall, for each river
basin district, or unit of management
referred to in
Article 3(2)(b), or portion of an international river basin district
lying within their territory, identify those areas for which they
conclude that potential significant flood risks exist or might
reasonably be considered likely to occur.

2.
The identification under paragraph 1 of areas belonging
to an international river basin district, or to a unit of manage-
ment referred to in Article 3(2)(b) shared with another Member
State,
coordinated between the Member States
concerned.

shall be

CHAPTER III

FLOOD HAZARD MAPS AND FLOOD RISK MAPS

Article 6

1. 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 appro-
priate scale for the areas identified under Article 5(1).

(c) installations as referred to in Annex I to Council Directive
96/61/EC of 24 September 1996 concerning integrated
pollution prevention and control (1) which might cause
accidental pollution in case of
flooding and potentially
affected protected areas identified in Annex IV(1)(i), (iii) and
(v) to Directive 2000/60/EC;

(d) other information which the Member State considers useful
such as the indication of areas where floods with a high
content of transported sediments and debris floods can
occur.

6. Member States may decide that, for coastal areas where
an adequate level of protection is in place, the preparation of
flood hazard maps shall be limited to the scenario referred to
in paragraph 3(a).

7. Member States may decide that, for areas where flooding
is from groundwater sources, the preparation of flood hazard
maps
scenario referred to in
paragraph 3(a).

limited to the

shall be

8. Member States shall ensure that the flood hazard maps
and flood risk maps are completed by 22 December 2013.

2.
The preparation of flood hazard maps and flood risk
maps for areas identified under Article 5 which are shared with
other Member States shall be subject to prior exchange of
information between the Member States concerned.

CHAPTER IV

FLOOD RISK MANAGEMENT PLANS

Flood hazard maps shall cover the geographical areas

3.
which could be flooded according to the following scenarios:

Article 7

(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 referred to in paragraph 3 the following

4.
elements shall be shown:

(a) the flood extent;

(b) water depths or water level, as appropriate;

(c) where appropriate, the flow velocity or the relevant water

flow.

5.
Flood risk maps shall show the potential adverse conse-
quences associated with flood scenarios referred to in para-
graph 3 and expressed in terms of the following:

1.
On the basis of the maps referred to in Article 6, 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 13(1)(b) in accord-
ance with paragraphs 2 and 3 of this Article.

2. 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 13(1)(b), focusing
on the reduction of potential adverse consequences of flooding
the environment, cultural heritage and
for human health,
economic activity, and, if considered appropriate, on non-struc-
tural
initiatives and/or on the reduction of the likelihood of
flooding.

3.
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 Annex.

(a) the indicative number of inhabitants potentially affected;

(1) OJ L 257, 10.10.1996, p. 26. Directive as last amended by Regu-

lation (EC) No 166/2006 (OJ L 33, 4.2.2006, p. 1).

C 311E/14

EN

Official Journal of the European Union

19.12.2006

Flood risk management plans shall take into account relevant
aspects such as costs and benefits,
flood extent and flood
conveyance routes and areas which have the potential to retain
flood water, the environmental objectives of Article 4 of Direc-
tive 2000/60/EC, soil and water management, spatial planning,
land use, nature conservation, navigation and port infrastruc-
ture.

Flood risk management plans shall address all aspects of flood
risk management focusing on prevention, protection, prepared-
ness, including flood forecasts and early warning systems and
taking into account the characteristics of the particular river
basin or sub-basin. Flood risk management plans may also
include the controlled flooding of certain areas in the case of a
flood event.

4.
The flood risk management plans referred to in para-
graphs 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.

5. Where a Member State identifies an issue which has an
impact on the management of flood risks of its water and that
issue cannot be resolved by that Member State, it may report
the issue to the Commission and any other Member State
concerned and may make recommendations as to how the
issue should be resolved.

The Commission shall respond to any report or recommenda-
tions from Member States within a period of six months.

4.
Flood risk management plans established in one Member
State shall not include measures which, by their extent and
impact, significantly increase flood risks upstream or down-
stream 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 the Member States concerned
in the framework of Article 8.

5. Member States shall ensure that flood risk management
plans are completed and published by 22 December 2015.

Article 8

1.
For river basin districts or units of management referred
to in Article 3(2)(b) which fall entirely within their territory,
Member States shall ensure that one single flood risk manage-
ment plan, or a set of flood risk management plans coordinated
at the level of the river basin district, is produced.

CHAPTER V

COORDINATION WITH DIRECTIVE

2000/60/EC,

PUBLIC

INFORMATION AND CONSULTATION

Article 9

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. In particular:

1) the development of the first flood hazard maps and flood
risk maps and their subsequent reviews as referred to in
Articles 6 and 14 of this Directive shall be carried out in
such a way that the information they contain is consistent
with
to
Directive 2000/60/EC. They may, if considered appropriate,
be further coordinated with, and integrated into, the reviews
provided for in Article 5(2) of Directive 2000/60/EC;

information

according

presented

relevant

2. Where an international river basin district or unit of
management referred to in Article 3(2)(b) falls entirely within
the Community, Member States shall ensure coordination with
flood risk
the aim of producing one single international
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 inter-
national river basin district.

2) the development of the first flood risk management plans
and their subsequent reviews as referred to in Articles 7 and
14 of this Directive shall be carried out, if considered appro-
priate, in coordination 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;

3) the active involvement of all interested parties under Article
10 of this Directive shall be coordinated, as appropriate,
with the active involvement of
interested parties under
Article 14 of Directive 2000/60/EC.

3. Where an international river basin district or unit of
management referred to in Article 3(2)(b) extends beyond the
boundaries of the Community, Member States shall endeavour
to produce 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 this is
not possible, paragraph 2 shall apply for the parts of the inter-
national river basin falling within their territory.

Article 10

In accordance with applicable Community legislation,
1.
Member States shall make available to the public the preli-
minary flood risk assessment, the flood hazard maps, the flood
risk maps and the flood risk management plans.

19.12.2006

EN

Official Journal of the European Union

C 311E/15

2. Member States shall encourage active involvement of
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 11

1.
The Commission may, in accordance with the procedure
referred to in Article 12(2), adopt technical formats for the
purpose of processing and transmission of data,
including
statistical and cartographic data, to the Commission. The tech-
nical formats should be adopted at least two years before the
dates indicated respectively in Articles 4(4), 6(8) and 7(5),
taking into account existing standards as well as formats devel-
oped under relevant Community acts.

2.
The Commission may, taking into account the periods for
review and updating and in accordance with the procedure
referred to in Article 12(2), adapt the Annex to scientific and
technical progress.

Article 12

1.
The Commission shall be assisted by the committee estab-
lished under Article 21 of Directive 2000/60/EC (hereinafter
referred to as ‘the Committee’).

2. Where reference is made to this paragraph, 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

TRANSITIONAL MEASURES

Article 13

1. Member States may decide not to undertake the preli-
minary flood risk assessment referred to in Article 4 for those
river basins, sub-basins or coastal areas where they have either:

(b) decided, before 22 December 2010,

to prepare flood
hazard maps and flood risk maps and to establish flood risk
management plans in accordance with the relevant provi-
sions of this Directive.

2. Member States may decide to make use of flood hazard
maps and flood risk maps finalised before 22 December 2010,
if such maps provide a level of information equivalent to the
requirements of Article 6.

3. Member States may decide to make use of flood risk
finalised before 22 December 2010,
management plans
provided the content of these plans is equivalent to the require-
ments set out in Article 7.

Paragraphs 1, 2 and 3 shall apply without prejudice to

4.
Article 14.

CHAPTER VIII

REVIEWS, REPORTS AND FINAL PROVISIONS

Article 14

1.
The preliminary flood risk assessment, or the assessment
and decisions referred to in Article 13(1), shall be reviewed,
and if necessary updated, by 22 December 2018 and every six
years thereafter.

The flood hazard maps and the flood risk maps shall be
2.
reviewed and if necessary updated, by 22 December 2019 and
every six years thereafter.

3.
The flood risk management plan(s) shall be reviewed, and
if necessary updated, including the components set out in part
B of the Annex, by 22 December 2021 and every six years
thereafter.

4.
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 3.

Article 15

1. 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, 6
and 7, as well as their review and, where applicable, their
updates to the Commission within three months after the dates
indicated respectively in Articles 4(4), 6(8), 7(5) and 14.

(a) already undertaken a risk assessment to conclude, before
22 December 2010, 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

2. Member States shall inform the Commission of the deci-
sions taken in accordance with Article 13(1), (2) and (3) and
make available the relevant information thereon by the dates
indicated respectively in Articles 4(4), 6(8) and 7(5).

C 311E/16

EN

Official Journal of the European Union

19.12.2006

Article 16

Article 18

The Commission shall, by 22 December 2018, and every six
years thereafter, submit to the European Parliament and to the
Council a report on the implementation of 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 17

1. Member States shall bring into force the laws, regulations
and administrative provisions necessary to comply with this
Directive before … (*). They shall
forthwith inform the
Commission thereof.

When they are adopted by Member States, these measures shall
contain a reference to this Directive or shall be accompanied
by such reference on the occasion of their official publication.
The methods of making such reference shall be laid down by
Member States.

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 19

This Directive is addressed to the Member States.

Done at,

For the European Parliament

The President

…

For the Council

The President

…

(*) Two years after the date of entry into force of this Directive.

19.12.2006

EN

Official Journal of the European Union

C 311E/17

ANNEX

A. FLOOD 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 13, 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 7(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 7, and flood related measures taken under other Community acts,
including Council Directives 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and
private projects on the environment (1) and 96/82/EC of 9 December 1996 on the control of major accident
hazards involving dangerous substances (2), Directive 2001/42/EC of the European Parliament and of the Council
of 27 June 2001 on the assessment of the effects of certain plans and programmes on the environment (3) and
Directive 2000/60/EC;

5) 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.

II. Description of the implementation of the plan:

1) a description of the way in which progress in implementing the plan will be monitored;

2) a summary of the public information and consultation measures/actions taken;

3) a list of competent authorities and, as appropriate, a description of the coordination process within any interna-

tional 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 14;

2) an assessment of the progress made towards the achievement of the objectives referred to in Article 7(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.

(1) OJ L 175, 5.7.1985, p. 40. Directive as last amended by Directive 2003/35/EC of the European Parliament and of the Council (OJ L

156, 25.6.2003, p. 17).

(2) OJ L 10, 14.1.1997, p.13. Directive as last amended by Directive 2003/105/EC of the European Parliament and of the Council (OJ L

345, 31.12.2003, p. 97).
(3) OJ L 197, 21.7.2001, p. 30.

C 311E/18

EN

Official Journal of the European Union

19.12.2006

STATEMENT OF THE COUNCIL'S REASONS

I. INTRODUCTION

The Commission adopted its proposal for a Directive of the European Parliament and of the Council
on the assessment and management of floods on 18 January 2006.

The European Parliament adopted its first-reading opinion on 13 June 2006.

The Committee of the Regions has decided not to deliver an opinion.

The Economic and Social Committee adopted its opinion on 17 May 2006.

The Council adopted its common position on 23 November 2006.

II. OBJECTIVE

The objective of this Directive is to establish a framework for the assessment and management of
flood-related risks to human health, the environment, cultural heritage and economic activity. It will
ask for a preliminary flood risk assessment, flood mapping in all areas with a significant flood risk,
coordination within shared river basins and production of 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 objectives for
the management of flood risks, the measures to be taken to achieve these objectives, and the timetables
for implementing measures in the flood risk management plans.

The application of the proposed Directive and that of the Water Framework Directive shall be coordi-
nated.

III. ANALYSIS OF THE COMMON POSITION

1. General

The common position incorporates a number of the European Parliament's first reading amend-
ments, either verbatim, in part or in spirit. These improve or clarify the text of the proposed Direc-
tive.

However, other amendments are not reflected in the common position because the Council agreed
that they were unnecessary and/or unacceptable.

2. General provisions (Title, Chapter I)

The common position is consistent with Amendment 1, which changes the title of the Directive.
Since the reference to the attainment of environmental objectives laid down in existing Community
legislation is covered by the Directive's legal basis, Amendment 26 was taken in part. The common
position is not aligned with Amendment 27 which would limit the application of the Directive to
specific causes of floods. The consequences for human health and economic activity are also
mentioned in the definition of flood risk. The Council, however, adds a non-exhaustive list of types
of flood and the possibility of excluding floods from sewerage systems. Amendments 28 and 29
were taken in part and in full, respectively.

Amendment 30 on the use of other competent authorities was taken in full. In addition, a possibi-
lity of using units of management different from those assigned pursuant to Article 3(1) of Directive
2000/60/EC was introduced.

19.12.2006

EN

Official Journal of the European Union

C 311E/19

3. Preliminary flood risk assessment (Chapter II)

Amendments 32 and 33 were taken in full. Article 4 was simplified to reduce the administrative
burden of the preliminary flood risk assessments and, consequently, Amendments 34 and 36 were
not accepted. However, the assessment of the effectiveness of existing flood protection infrastructure
as mentioned in Amendment 36 forms an implicit part of any flood risk assessment. A distinction
between past and future floods was also made. In Article 4(2)(d), the Council made the taking into
account of future floods optional for Member States.

The Council deleted Article 5 (1)(a) of the original proposal to which Amendment 38 is referring to
with the aim of simplifying and streamlining the text. Amendment 39 was accepted in spirit.
Amendment 40 was taken over in Article 4.

4. Flood hazard maps and flood risk maps (Chapter III)

The issue of subsidies is beyond the scope of this Directive and Amendment 85 was therefore not
accepted. Amendments 42 and 43 were rejected because they were redundant. Amendments 44, 46
and 48 are covered by Article 6(5)(d), which leaves it up to Member States to decide on other infor-
mation to include in flood risk maps. Article 7(3) is also consistent with Amendment 48. Amend-
ment 45 is redundant since the wording in the common position has changed. Amendment 47 was
rejected since it is not feasible to distinguish between and map specific causes of floods, and
Amendment 49 was taken over in part.

Amendments 50 and 51 were not acceptable because they added extra layers to the risk assessment
and characterisation process. Amendment 52 was accepted in Article 6(5)(d).

5. Flood risk management plans (Chapter IV, Annex)

The part of Amendments 35 and 60 which related to cost and benefit considerations was taken
over in Article 7(3). Amendment 53 was not taken, since it is not necessary to make an explicit
reference to other Directives Member States have to comply with. Article 7(3) is consistent with
Amendment 54 as regards flood plain areas and conveyance routes. Amendment 56 was taken up
insofar as it related to the solidarity principle and Amendment 57 was partly accepted as regards
non-structural measures and as far as flood risk management plans shall not include measures
which may increase flood risk upstream or downstream of other countries (Article 7(4)).

Amendment 58 was not acceptable since the Council did not wish to lay stress on the review of
flood events. Amendment 59 was taken in principle in the Annex. Amendment 61 was taken in
part and principle as regards the principle of solidarity. Amendment 62 was not accepted so as to
keep the solidarity principle sufficiently general. Amendment 63 was not accepted since the
suggested coordination procedure was not taken on board and certain parts of the amendment
were unnecessary.

Amendments 64 and 65 were taken in part and principle with respect to coordination for the
whole of the river basin. Amendment 66 was fully taken but with different wording, reproducing
the text from the Water Framework Directive. The two separate votes were rejected since the
Council wanted to maintain the coordination optional. Amendment 68 was taken in principle in
the common position by making a reference to public participation in Article 10(1). Amendment
69 was rejected because involvement of the public was already covered in Article 10. The common
position does not include details of preparedness measures and is therefore not consistent with
Amendments 69 and 70. Amendment 72 was rejected because it is not appropriate in the context
of reporting requirements.

Amendment 74 was rejected. The Council believes that Article 7(3) already provided the link
between this Directive and the Water Framework Directive. It is up to Member States to define the
measures aimed at reducing the potential adverse consequences of flooding. Amendment 75 was
rejected since the terminology is inconsistent with Articles 7(2) and 7(3). Amendment 86 was
accepted.

C 311E/20

EN

Official Journal of the European Union

19.12.2006

6. Transitional measures (Chapter VII)

The common position builds on existing work at national and regional levels, namely flood hazard
maps, flood risk maps and management plans. Article 13 takes on board, in part and/or in prin-
ciple, Amendments 31, 37, 41, 55 and 71.

7. Other

— In the preamble, the common position takes in part or principle European Parliament Amend-
ments 2, 12, 16, 17, 24 and 25. The common position is not consistent with Amendment 4
since preliminary flood risk assessment takes into consideration floods which have occurred in
the past and the failure of traditional flood risk management strategies. Amendment 5 is out of
place in this Directive since it refers to coordination within Member States and to how authori-
it expands
ties coordinate internally. Amendment 9 was rejected because it is unnecessary:
Recital 19 and reproduces text from Council conclusions. Amendment 23 was also rejected
since it is an editorial change to Recital 19. Amendment 13 was rejected as it does not reflect a
provision in the articles. Since the notion of preliminary risk assessment was simplified, Amend-
ments 15 and 18 were not acceptable. Amendments 19 and 21 are beyond the scope of this
Directive. The common position being based on the principles of subsidiarity and solidarity,
Amendment 20 was partly taken on board. Amendment 22 was already covered by Recital 17
and, therefore, rejected.

— References to climate change (Amendments 7, 9, 10 and 38 are covered in part by Recitals 2
and 5 and by Article 4(2)(d). The obligation to take into account climate change starts in 2018,
so Amendment 73 was unacceptable.

IV. CONCLUSION

The Council considers that its common position largely takes into account the opinion of the European
Parliament at first reading. It represents a balanced and realistic solution aiming to reduce the conse-
quences of floods in the European Union, while ensuring a close link to the implementation of the
Water Framework Directive. The Council looks forward to a constructive discussion with the European
Parliament with a view to the early adoption of the Directive.