Opinion of the Commission pursuant to Article 251 (2), third subparagraph, point (c) of the EC Treaty, on the European Parliament's amendments to the Council's common position regarding the proposal for a Directive of the European Parliament and of the Council on the assessment and management of floods amending the proposal of the Commission pursuant to Article 250 (2) of the EC Treaty
Date: 2007-05-25
Institutions: European Commission
Subjects: EU programme, environmental policy, environmental risk prevention, innovation

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 25.5.2007 
COM(2007) 294 final 

2006/0005 (COD) 

. 

OPINION OF THE COMMISSION 

pursuant to Article 251 (2), third subparagraph, point (c) of the EC Treaty, 
on the European Parliament's amendments 
to the Council's common position regarding the  
proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT  
AND OF THE COUNCIL 

on the assessment and management of floods 

AMENDING THE PROPOSAL OF THE COMMISSION 
pursuant to Article 250 (2) of the EC Treaty 

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2006/0005 (COD) 

OPINION OF THE COMMISSION 

pursuant to Article 251 (2), third subparagraph, point (c) of the EC Treaty, 
on the European Parliament's amendments 
to the Council's common position regarding the  
proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT  
AND OF THE COUNCIL 

 on the assessment and management of floods 

(Text with EEA relevance) 

1. 

BACKGROUND 

Procedure 

–  On 18 January 2006 the Commission submitted a proposal for a Directive of the European 
Parliament and of the Council1 on the assessment and management of floods for adoption 
by co-decision procedure as laid down in Article 251 of the EC Treaty. 

–  The European Economic and Social Committee delivered its Opinion on 17 May 2006. 

–  The European Parliament adopted its position on first reading on 13 June 2006. 

–  The Council adopted its Common Position on 23 November 2006. 

–  The European Parliament adopted its position on second reading on 25 April 2007. 

Objective of the Commission proposal 

The  aim  of  the  proposal  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.  

2. 

COMMISSION COMMENTS 

2.1. 

General 

On  25  April  2007,  the  European  Parliament  adopted  26  amendments,  out  of  the  69 
amendments that were tabled.  

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COM(2006)15 final (2006/0005 (COD)) 

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The  26  amendments  adopted  by  the  Parliament  were  part  of  a  compromise  package  agreed 
with the Council. The Commission can accept all these 26 amendments in full. 

2.2. 

Detailed comments 

The  Commission  can  accept  the  amendments  43  to  52  concerning  recitals  as  they  further 
clarify  provisions  in  the  Directive  as  regards  links  to  the  Water  Framework  Directive 
(2000/60/EC)  and  the  role  of  climate  change,  flood  plain  management,  environmental 
pollution, solidarity in shared river basins and the use of best available technologies.  

With regard to the substantive provisions, the Commission accepts amendments 53 to 69 as 
they improve the Common Position by strengthening:  

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- 

- 

- 

- 

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the  consideration  of  future  floods,  including  consideration  of  climate  change, 
existing flood defences and flood plains in the preliminary flood risk assessment, as 
well as the setting of 2011 as the date for this assessment (Amendments 53-58, 66); 

the mapping requirements for other significant sources of pollution (Amendment 59); 

the flood risk management plans as regards flood plain management and sustainable 
land use practices, solidarity and prioritisation (Amendments 60-61, 68, 69); 

the  coordination  with  Water  Framework  Directive  (2000/60/EC)  (Amendments  62-
63); 

the Comitology procedure (Amendments 64-65), and; 

the consideration of potential effects of climate change in the Commission report on 
implementation (Amendments 67). 

– 

This is another empty line. 

2.3. 

Amended proposal 

Pursuant to Article 250(2) of the EC Treaty, the Commission amends its proposal as set out 
above.  

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