Setting the scene : Flood Risk Management in the EU · Directive 2007/60/EC on the assessment and...

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water.europa.eu 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

Transcript of Setting the scene : Flood Risk Management in the EU · Directive 2007/60/EC on the assessment and...

Page 1: Setting the scene : Flood Risk Management in the EU · Directive 2007/60/EC on the assessment and management of flood risks “New” concepts • Integrated river basin management

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Setting the scene :Flood RiskManagementin the EU

A new EU legal context onthe assessment andmanagement of floodrisksMaria Brättemark, WFD Team, DG ENV.D.1,European Commission

Page 2: Setting the scene : Flood Risk Management in the EU · Directive 2007/60/EC on the assessment and management of flood risks “New” concepts • Integrated river basin management

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

This presentation• The new legal context – a Directive

on the assessment and managementof flood risks

• Key challenges

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The Floods Directive:A new legal context

for Flood Risk management

Page 4: Setting the scene : Flood Risk Management in the EU · Directive 2007/60/EC on the assessment and management of flood risks “New” concepts • Integrated river basin management

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

History• 2000 – adoption of the Water Framework

Directive – new legislation requiring integratedriver basin management

• “Inspired” by the 1998-2002 floods• 2004 Communication on flood risk

management (COM(2004)472 final of12.7.2004)

• Consultation & Conclusions/opinions by EUinstitutions 2004/5

• Proposal adopted 18 January 2006(COM(2006) 15 final of 18.1.2006)

• Impact assessment (SEC(2006)5 of 18.1.2006)

Page 5: Setting the scene : Flood Risk Management in the EU · Directive 2007/60/EC on the assessment and management of flood risks “New” concepts • Integrated river basin management

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

Co-decision negotiationsCommission Proposal 18.1.20061st reading

• European Parliament 13.6.2006• Council Common Position23.11.2006 (27.6.2006)• Commissions communication6.12.2006

2nd reading• EP voted plenary 25.4.2007• Commission’s opinion 25.5.2007• Council final vote – 18.9.2007• Official Journal publication –6.11.2007• Entry into force – 26.11.2007

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

Directive 2007/60/EC of theEuropean Parliament and ofthe Council of 23 October

2007 on the assessment andmanagement of flood risks

entry into force 26.11.2007

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

“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 interestedparties

• Non-structural measures• Sustainable land use practices• Cyclical implementation – 6 year cycles• Climate change adaptation

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

Three stage approach• Preliminary flood risk assessment (maps, experience

from past floods, predictions of future floods, identificationareas 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 floodrisks, covering all elements of the flood risk managementcycle)

Page 9: Setting the scene : Flood Risk Management in the EU · Directive 2007/60/EC on the assessment and management of flood risks “New” concepts • Integrated river basin management

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

Transposition 26.11.2009Administrative arrangements 26.05.2010Preliminary flood risk assessmet22.12.2011/ 2018Flood risk maps 22.12.2013*/2019Flood risk management plans 22.12.2015 **/2021

Review /update every 6 years thereafterReporting to the Commission : 3 months after

* = date of 1st review of pressure and impact analysis under the WFD** = date of 1st review of WFD river basin management plans

Time schedule

Page 10: Setting the scene : Flood Risk Management in the EU · Directive 2007/60/EC on the assessment and management of flood risks “New” concepts • Integrated river basin management

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

Administrative arrangements• Unit of management :

– Water Framework Directive River Basin Districts– Individual river basins (“Swedish exemption”)– Coastal areas different delineation

• Competent authority :– Water Framework Directive River Basin Districts– Alternative competent authorities, but coordination must be

ensured.

• Deadline for establishment :– 26.5.2010 (30 months after the entry into force of the Directive)

River basin (from sourceto estuary for river

floods) OR separatelymanaged coastal area

Clarity who does what –legally clear (inter)institutional relation-shipsOne or many coreCompetent Authorities –coordination ...

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Directive 2007/60/EC on the assessment and management of flood risksSlide 11

Preliminary Flood Risk AssessmentPast floods &

potentialfuture floods

Potential adverseconsequences

Areas of Potential Significant Flood Risk

SignificanceLong term developments, position of

populated areas, climate change,effectiveness of man-made flood defence

infrastructure…

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

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 ≥ 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 pollutionprevention and control (1) which might cause accidental pollution incase of flooding and potentially affected protected areas identified inAnnex IV(1)(i), (iii) and (v) to Directive 2000/60/EC;

(d) other information

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

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

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

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

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

Flood risk managementplans (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 earlywarning systems

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

Flood risk managementplans (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.

Page 17: Setting the scene : Flood Risk Management in the EU · Directive 2007/60/EC on the assessment and management of flood risks “New” concepts • Integrated river basin management

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

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 theWFD, not integration

• Flood hazard and risk maps = characterisation of theRBD (Art 5)

• Flood risk management plans = River basinmanagement plans (Art 13)

• Public participation for the FRMP

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

Public information, consultation,reporting (art 9, 10, 15)

• Three main products shall be made available to thepublic & be made available to the Commission (WISE !!)

• Public participation for the plans shall be coordinated asappropriate with the WFD– Timetable for consultation (22.12.2012)– Main issues (22.12.2013)– Draft FRMP for consultation (22.12.2014)

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

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 ifthey provide a level of information equivalent to therequirements of article 6.

• Existing flood risk management plans can be usedprovided the content of these plans is equivalent tothe requirements of article 7.

• In the first implementation cycle and if available by2010!

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Key challengesthe years ahead

Page 21: Setting the scene : Flood Risk Management in the EU · Directive 2007/60/EC on the assessment and management of flood risks “New” concepts • Integrated river basin management

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Key challenge :Diversity andcoordination

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

Diversityof riverbasinsin Europe

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Directive 2007/60/EC on the assessment and management of flood risksSlide 23

Page 24: Setting the scene : Flood Risk Management in the EU · Directive 2007/60/EC on the assessment and management of flood risks “New” concepts • Integrated river basin management

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

• Addressing diversity of flood eventsacross Europe, such as river floods vs.Mediterranean flash floods

• Flexibility for planning and action atlocal / regional / sub-basin level whilstensuring cooperation/coordinationacross the basin

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Key challenge :Building onexperiences

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

Building on experience, planning andprogrammes already in place; using existingcooperation structures such as river basinagreements and civil protection plans

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Key challenge :Synergies with

the WaterFrameworkDirective

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Directive 2007/60/EC on the assessment and management of flood risksSlide 28

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

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

WFD & FD• General purpose – mitigate the

effects of floods• Designation of water bodies at risk

from heavy modifications• Exemptions

– temporary deterioration, extremeor 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 aresult of floods

• Supplementary measures– wetland restoration

• Administrative arrangements –competent authorities and units ofmanagement – river basin districts

• Coordination andsynchronisation of flood riskmaps (characterisation of riverbasins) & flood riskmanagement plans (river basinmanagement plans)

• Synchronisation with reviewcycles (6 years)

• Similar arrangements forinternational cooperation

• Coordination of publicparticipation

• Use of same Committee• Reporting - WISE

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

Coordination other legislationFull 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...

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Key challenge :Reporting andvisualisation in

WISE

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

Reporting• Currently developing Floods Directive reporting

format – inlcuding what kind of information toreport and visualise…

• WISE – a webportal for all water relatedinformation

• Public views – expert views• Other initiatives requires – INSPIRE and SEIS –

requires certain harmonistion flood related data… making information public…

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

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

Visulisation challenge

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

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

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Key challenge :Land use

Page 38: Setting the scene : Flood Risk Management in the EU · Directive 2007/60/EC on the assessment and management of flood risks “New” concepts • Integrated river basin management

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

Same place – newconsequences- regular review of theimplementation cycle•

View from Rudsberget (Karlstad,Sweden) in 1916 och 2007(Courtsey pictures : Karlstad Kommun)

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

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

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Key challenge :Information

exchange and«good

practices »

Page 41: Setting the scene : Flood Risk Management in the EU · Directive 2007/60/EC on the assessment and management of flood risks “New” concepts • Integrated river basin management

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

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…

Page 42: Setting the scene : Flood Risk Management in the EU · Directive 2007/60/EC on the assessment and management of flood risks “New” concepts • Integrated river basin management

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

Thematic workshops• Preliminary Flood Risk Assessment, 25-26.5.2009,

Brno• Climate change and floods, 8-10.9.2009, SW.• Catchment Approach, 15-16 October 2009,

Scotland.• Flood Risk Management Plans, January 2010, NL• Flash floods and Pluvial floods, 26-28 May 2010,

Italy• Floods and economics, Oct 2010

Page 43: Setting the scene : Flood Risk Management in the EU · Directive 2007/60/EC on the assessment and management of flood risks “New” concepts • Integrated river basin management

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Key challenge :Compliance

Page 44: Setting the scene : Flood Risk Management in the EU · Directive 2007/60/EC on the assessment and management of flood risks “New” concepts • Integrated river basin management

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

• Delivery of legal acts, notifications orreports !!

• Conformity to legal act ?• Complete reports?• Compliance with the requirement…• … will the Flood Risk Management

Plans deliver reduced flood risk ??

Page 45: Setting the scene : Flood Risk Management in the EU · Directive 2007/60/EC on the assessment and management of flood risks “New” concepts • Integrated river basin management

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

More informationhttp://ec.europa.eu/environment/water/flood_risk/index.htm

Maria Brättemark, Desk officer Floods/WFD, European Commission, DG ENV.D.1

Thank you for your attention !