in the EU A new EU legal context on the assessment and management of flood water.europa.eu Maria Brättemark, WFD Team, DG ENV.D.1, European Commission

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1 Setting the scene : Flood Risk Management in the EU A new EU legal context on the assessment and management of flood risks Maria Brättemark, WFD Team, DG ENV.D.1, European Commission water.europa.eu

2 This presentation The new legal context a Directive on the assessment and management of flood risks Key challenges

3 The Floods Directive: A new legal context for Flood Risk management water.europa.eu

4 History 2000 adoption of the Water Framework Directive new legislation requiring integrated river basin management Inspired by the floods 2004 Communication on flood risk management (COM(2004)472 final of ) Consultation & Conclusions/opinions by EU institutions 2004/5 Proposal adopted 18 January 2006 (COM(2006) 15 final of ) Impact assessment (SEC(2006)5 of )

5 Co-decision negotiations Commission Proposal st reading European Parliament Council Common Position ( ) Commissions communication nd reading EP voted plenary Commission s opinion Council final vote Official Journal publication Entry into force

6 Directive 2007/60/EC of the European Parliament and of the Council of 23 October 2007 on the assessment and management of flood risks entry into force

7 New concepts Integrated river basin management approach Upstream-downstream solidarity Coordination : across borders + national level Coordination with Water Framework Directive and other relevant legislation (accidents, strategic impact assessment, nature protection, major industrial installations...etc) Framework Directive Public participation, involvement of interested parties Non-structural measures Sustainable land use practices Cyclical implementation 6 year cycles Climate change adaptation

8 Three stage approach Preliminary flood risk assessment (maps, experience from past floods, predictions of future floods, identification areas of potential significant flood risk) Flood mapping (= knowing areas at risk of flooding, different scenarios, flood hazard maps & flood risk maps), Flood Risk Management Plans (= plans to reduce flood risks, covering all elements of the flood risk management cycle)

9 Time schedule Transposition Administrative arrangements Preliminary flood risk assessmet / 2018 Flood risk maps */2019 Flood risk management plans **/2021 Review /update every 6 years thereafter Reporting to the Commission : 3 months after * = date of 1st review of pressure and impact analysis under the WFD ** = date of 1 st review of WFD river basin management plans

10 Administrative arrangements Unit of management : Water Framework Directive River Basin Districts Individual river basins ( Swedish exemption ) Coastal areas different delineation Competent authority : Clarity who does what legally clear (inter) institutional relation- Water Framework Directive River Basin Districts Alternative competent authorities, but coordination must be ensured. ships Deadline for establishment : River basin (from source to estuary for river floods) OR separately managed coastal area One or many core Competent Authorities coordination (30 months after the entry into force of the Directive)

11 Preliminary Flood Risk Assessment Past floods & potential future floods Significance Potential adverse consequences Long term developments, position of populated areas, climate change, effectiveness of man-made flood defence infrastructure Areas of Potential Significant Flood Risk Directive 2007/60/EC on the assessment Slideand 11 management of flood risks

12 Flood hazard and risk maps (art 6) 3. Flood hazard maps shall cover the geographical areas which could be flooded : (a) floods with a low probability, or extreme events scenarios; (b) floods with a medium probability (likely return period C 100 years); (c) floods with a high probability, where appropriate - the flood extent; water depths or water level, as appropriate; 4. Flood risk maps shall show the potential adverse consequences: (a) the indicative number of inhabitants potentially affected; (b) type of economic activity of the area potentially affected; (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

13 Flood risk maps example (Innsbruck, At - Atlas of Flood maps)

14 Flood risk maps example (Luxembourg Mosel, Atlas of Flood maps)

15 Flood risk management plans (art 7) Member States shall establish : appropriate objectives for the management of flood risks and include measures for achieving those objectives focusing on the reduction of potential adverse consequences of flooding and, if considered appropriate, on non-structural initiatives and/or on the reduction of the likelihood of flooding. shall address all aspects of flood risk management focusing on prevention, protection, preparedness, including flood forecasts and early warning systems

16 Flood risk management plans (art 7) shall take into account relevant aspects such as : costs and benefits, areas which have the potential to retain flood water, such as flood plains, the environmental objectives of Article 4 of Directive 2000/60/EC, nature conservation and water management, Soil, spatial planning and land use, navigation and port infrastructure. may also include the promotion of : sustainable land use practices, improvement of water retention the controlled flooding of certain areas in the case of a flood event.

17 Coordination (art 8 and 9) Article 8 : Coordination in the river basin districts National, shared between EU member States and shared with third countries. If coordination fails conflict resolution mechanism. Article 9 : Coordination and synchronisation with the WFD, not integration Flood hazard and risk maps = characterisation of the RBD (Art 5) Flood risk management plans = River basin management plans (Art 13) Public participation for the FRMP

18 Public information, consultation, reporting (art 9, 10, 15) Three main products shall be made available to the public & be made available to the Commission (WISE!!) Public participation for the plans shall be coordinated as appropriate with the WFD Timetable for consultation ( ) Main issues ( ) Draft FRMP for consultation ( )

19 Transitional measures (art 13) Preliminary flood risk assessment not necessary if : - already undertaken - the next two stages has already been undertaken - Existing flood hazard and risk maps can be used if they provide a level of information equivalent to the requirements of article 6. Existing flood risk management plans can be used provided the content of these plans is equivalent to the requirements of article 7. In the first implementation cycle and if available by 2010!

20 Key challenges the years ahead water.europa.eu

21 Key challenge : Diversity and coordination water.europa.eu

22 Diversity of river basins in Europe

23 Directive 2007/60/EC on the assessment Slideand 23 management of flood risks

24 Addressing diversity of flood events across Europe, such as river floods vs. Mediterranean flash floods Flexibility for planning and action at local / regional / sub-basin level whilst ensuring cooperation/coordination across the basin

25 Key challenge : Building on experiences water.europa.eu

26 Building on experience, planning and programmes already in place; using existing cooperation structures such as river basin agreements and civil protection plans

27 Key challenge : Synergies with the Water Framework Directive water.europa.eu

28 TITLE Directive 2007/60/EC on the assessment Slideand 28 management of flood risks

29 Urban development Flood defence Power generation (incl. Hydropower) Navigation Agriculture Recreation Water & Wastewater Other industrial uses Coastal defence Freshwater Fisheries Mining Forestry Marine Fisheries Driving forces for modifications Percentage of Member States Driving forces

30 General purpose mitigate the effects of floods Designation of water bodies at risk from heavy modifications Exemptions temporary deterioration, extreme or exceptional floods, force majeur new modifications to water bodies Pressure and impact assessment, including of flow regulation, morphological changes Cost recovery of impoundments Programme of measures Controls of impoundments Measures to prevent and/or reduce impacts of accidental pollution as a result of floods Supplementary measures wetland restoration WFD & FD Administrative arrangements competent authorities and units of management river basin districts Coordination and synchronisation of flood risk maps (characterisation of river basins) & flood risk management plans (river basin management plans) Synchronisation with review cycles (6 years) Similar arrangements for international cooperation Coordination of public participation Use of same Committee Reporting - WISE

31 Coordination other legislation Full coordination requirement Directive 2000/60/EC (Water Framework Directive) Recitals European Union Solidarity Fund (EUSF) Council Decision 2001/792/EC (Civil Protection Mechanism) Mapping Annex (FRMP) Council Directive 96/61/EC (IPPC Directive) Annex (FRMP) Council Directive 85/337/EEC (EIA Directive) Council Directive 96/82/EC of (Seveso), Directive 2001/42/EC (The SEA Directive) Implicit Aarhus Convention and related Community legislation on public participation and the access to environmental information. Other? Critical infrastructure, Urban Waste Water treatment, Civil protection...

32 Key challenge : Reporting and visualisation in WISE water.europa.eu

33 Reporting Currently developing Floods Directive reporting format inlcuding what kind of information to report and visualise WISE a webportal for all water related information Public views expert views Other initiatives requires INSPIRE and SEIS requires certain harmonistion flood related data making information public

34 water.europa.eu

35 Visulisation challenge

36 Flood risk maps example (Innsbruck, At - Atlas of Flood maps)

37 Key challenge : Land use water.europa.eu

38 Same place new consequences - regular review of the implementation cycle View from Rudsberget (Karlstad, Sweden) in 1916 och 2007 (Courtsey pictures : Karlstad Kommun)

39 The Catchment approach... (Slide courtesy of S. Greig, Scottish Government)

40 Key challenge : Information exchange and «good practices» water.europa.eu

41 Floods Working Group Established by Water Directors Participants : MS and stakeholders, RTD, international org (WMO, ICPDR..) Purpose : Support implementation of the Floods Directive Information exchange Common Implementation Strategy (WFD) Existing informal structure Facilitate coordination with WFD and its implementation activities Hydromorphology, climate change, economics, agriculture

42 Thematic workshops Preliminary Flood Risk Assessment, , Brno Climate change and floods, , SW. Catchment Approach, October 2009, Scotland. Flood Risk Management Plans, January 2010, NL Flash floods and Pluvial floods, May 2010, Italy Floods and economics, Oct 2010

43 Key challenge : Compliance water.europa.eu

44 Delivery of legal acts, notifications or reports!! Conformity to legal act? Complete reports? Compliance with the requirement will the Flood Risk Management Plans deliver reduced flood risk??

45 Thank you for your attention! More information Maria Brättemark, Desk officer Floods/WFD, European Commission, DG ENV.D.1