DIRECTIVES
DIRECTIVE2007/60/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of23October2007
on the asssment and management of flood risks
(Text with EEA relevance)亏待
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community,and in particular Article175(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 251of the Treaty(2),
Whereas:
(1)Floods have the potential to cau fatalities,displacement
of people and damage to the environment,to verely
compromi economic development and to undermine
the economic activities of the Community.
(2)Floods are natural phenomena which cannot be
prevented.However,some human activities(such as
increasing human ttlements and economic asts in
floodplains and the reduction of the natural water
retention by land u)and climate change contribute to
an increa in the likelihood and adver impacts of flood
events.
(3)It is feasible and desirable to reduce the risk of adver
conquences,especially for human health and life,the
environment,cultural heritage,economic activity and
infrastructure associated with floods.However,measures
to reduce the risks should,as far as possible,be
coordinated throughout a river basin if they are to be
effective.西红柿酸奶
(4)Directive2000/60/EC of the European Parliament and of
the Council of23October2000establishing a
framework for Community action in the field of water
policy(3)requires river basin management plans to be
developed for each river basin district in order 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
the future changes in the risk of flooding as a result of
climate change.
(5)The Commission Communication of12July2004to 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’ts out its
analysis and approach to managing flood risks at
Community level,and states that concerted and coor-
dinated action at Community level would bring consid-
erable added value and improve the overall level of flood
protection.
(6)Effective flood prevention and mitigation requires,in
addition to coordination between Member States,coop-
eration with third countries.This is 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 u of trans-
boundary water cours and international lakes,approved
凉拌菜菜谱by Council Decision95/308/EC(4),and any succeeding
agreements on its application.
(7)Council Decision2001/792/EC,Euratom of23October
2001establishing a Community mechanism to facilitate
reinforced cooperation in civil protection assistance inter-
ventions(5)mobilis support and assistance from
Member States in the event of major emergencies,
including floods.Civil protection can provide adequate
respon to affected populations and improve prepa-
redness and resilience.
(1)OJ C195,18.8.2006,p.37.
(2)Opinion of the European Parliament of13June2006(OJ C300E,
9.12.2006,p.123).Council Common Position of23November
2006(OJ C311E,19.12.2006,p.10)and Position of the European Parliament of25April2007.Council Decision of 18September2007.(3)OJ L327,22.12.2000,p. 1.Directive as amended by Decision
No2455/2001/EC(OJ L331,15.12.2001,p.1).
(4)OJ L186,5.8.1995,p.42.
(5)OJ L297,15.11.2001,p.7.
(8)Under Council Regulation(EC)No2012/2002of11
November2002establishing the European Union Soli-
darity Fund(1)it is possible to grant rapid financial
assistance 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.
However the Fund may only intervene for emergency
operations,and not for the phas preceding an
emergency.
(9)In developing policies referring to water and land us
Member States and the Community should consider the
potential impacts that such policies might have on flood
risks and the management of flood risks.
(10)Throughout the Community different types of floods
occur,such as river floods,flash floods,urban floods
and floods from the a in coastal areas.The damage
caud by flood events may also vary across the
countries and regions of the Community.Hence,
objectives regarding the management of flood risks
should be determined by the Member States themlves
and should be bad on local and regional circumstances.
(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 asts or ecological value.In each river basin
district or unit of management the flood risks and need
for further action—such as the evaluation of flood
mitigation potential—should be assd.
(12)In order to have available an effective tool for infor-
mation,as well as a valuable basis for priority tting
and further technical,financial and political decisions
regarding flood risk management,it is necessary to
provide for the establishing of flood hazard maps and
flood risk maps showing the potential adver con-
quences associated with different flood scenarios,
including information on potential sources of environ-
mental pollution as a conquence of floods.In this
context,Member States should asss activities that
have the effect of increasing flood risks.
(13)With a view to avoiding and reducing the adver
impacts of floods in the area concerned it is appropriate
to provide for flood risk management plans.The caus
and conquences of flood events vary across the
countries and regions of the Community.Flood risk
management plans should therefore take into account
the particular characteristics of the areas they cover and
provide for tailored solutions according to the needs and
priorities of tho areas,whilst ensuring relevant coordi-
nation within river basin districts and promoting the
achievement of environmental objectives laid down in
Community legislation.In particular,Member States
should refrain from taking measures or engaging in
actions which significantly increa the risk of flooding
in other Member States,unless the measures have been
coordinated and an agreed solution has been found
among the Member States concerned.
(14)Flood risk management plans should focus on
prevention,protection and preparedness.With a view
老式照相机
to giving rivers more space,they should consider
where possible the maintenance and/or restoration of
floodplains,as well as measures to prevent and reduce
damage to human health,the environment,cultural
heritage and economic activity.The elements of flood
risk management plans should be periodically reviewed
and if necessary updated,taking into account the likely
impacts of climate change on the occurrence of floods.
(15)The solidarity principle is very important in the context
of flood risk management.In the light of it Member
States should be encouraged to ek a fair sharing of
responsibilities,when measures are jointly decided for
the common benefit,as regards flood risk management
along water cours.
(16)To prevent duplication of work,Member States should
be entitled to u existing preliminary flood risk
asssments,flood hazard and risk maps and flood risk
management plans for the purpos of achieving the
objectives and satisfying the requirements of this
Directive.
(17)Development of river basin management plans under
Directive2000/60/EC and of flood risk management
plans under this Directive are elements of integrated
river basin management.The two process should
therefore u the mutual potential for common
synergies and benefits,having regard to the environ-
mental objectives of Directive2000/60/EC,ensuring effi-
ciency and wi u of resources while recognising that
the competent authorities and management units might
be different under this Directive and Directive
2000/60/EC.
(18)Member States should ba their asssments,maps and
plans on appropriate‘best practice’and‘best available
technologies’not entailing excessive costs in the field
of flood risk management.
(1)OJ L311,14.11.2002,p.3.
(19)In cas of multi-purpo u of bodies of water for
different forms of sustainable human
flood risk management,ecology,inland navigation or
hydropower)and the impacts of such u on the
bodies of water,Directive2000/60/EC provides for a
clear and transparent process for addressing such us
and impacts,including possible exemptions from the
objectives of‘good status’or of‘non-deterioration’in
Article4thereof.Directive2000/60/EC provides for
cost recovery in Article9.
(20)The measures necessary for the implementation of this
Directive should be adopted in accordance with Council
Decision1999/468/EC of28June1999laying down the
procedures for the exerci of implementing powers
conferred on the Commission(1).
(21)In particular,the Commission should be empowered to
adapt the Annex to scientific and technical progress.
Since tho measures are of general scope and are
designed to amend non-esntial elements of this
Directive,they must be adopted in accordance with the
regulatory procedure with scrutiny provided for in Article
5a of Decision1999/468/EC.
万有引力之虹
(22)This Directive respects the fundamental rights and
obrves the principles recognid in particular by the
Charter of Fundamental Rights of the European Union.
In particular,it eks 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 Article37of the Charter of
Fundamental Rights of the European Union.
(23)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 t out in Article5of
the Treaty.In accordance with the principle of propor-
tionality,as t out in that Article,this Directive does not
go beyond what is necessary in order to achieve that
objective.
(24)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 levels,in particular as regards organisation
and responsibility of authorities.
(25)In accordance with point34of the Interinstitutional
Agreement on better law-making(2),Member States are
encouraged to draw up,for themlves and in the 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,
HAVE ADOPTED THIS DIRECTIVE:
研究生政审表
CHAPTER I
GENERAL PROVISIONS
Article1
The purpo of this Directive is to establish a framework for the asssment and management of flood risks,aiming at the reduction of the adver conquences for human health,the environment,cultural heritage and economic activity associated with floods in the Community.
Article2
For the purpo of this Directive,in addition to the definitions of‘river’,‘river basin’,‘sub-basin’and‘river basin district’as t out in Article2of Directive2000/60/EC,the following defi-nitions 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 cours,and floods from the a in coastal areas,and may exclude floods from werage systems;
2.‘flood risk’means the combination of the probability of a
flood event and of the potential adver conquences for human health,the environment,cultural heritage and economic activity associated with a flood event.
Article3
1.For the purpos of this Directive Member States shall make u of the arrangements made under Article3(1),(2), (3),(5)and(6)of Directive2000/60/EC.
2.However,for the implementation of this Directive, Member States may:
(a)appoint competent authorities different from tho iden-
tified pursuant to Article3(2)of Directive2000/60/EC;
(b)identify certain coastal areas or individual river basins and
assign them to a unit of management different from tho assigned pursuant to Article3(1)of Directive2000/60/EC.
(1)OJ L184,17.7.1999,p.23.Decision as amended by Decision
2006/512/EC(OJ L200,22.7.2006,p.11).(2)OJ C321,31.12.2003,p.1.
In the cas,Member States shall,by26May2010,commu-nicate to the Commission the information referred to in Annex I to Directive2000/60/EC.For this purpo,any reference to competent authorities and river basin districts shall be taken as references to the competent authorities and unit of management 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.
CHAPTER II
PRELIMINARY FLOOD RISK ASSESSMENT
Article4
紫叶吊兰
1.Member States shall,for each river basin district,or unit of management referred to in Article3(2)(b),or the portion of an international river basin district lying within their territory, undertake a preliminary flood risk asssment in accordance with paragraph2of this Article.
2.Bad on available or readily derivable information,such as records and studies on long term developments,in particular impacts of climate change on the occurrence of floods,a preli-minary flood risk asssment shall be undertaken to provide an asssment of potential risks.The asssment 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 existing,coastal areas,showing topography and land u;
(b)a description of the floods which have occurred in the past
and which had significant adver impacts on human health, the environment,cultural heritage and economic activity and for which the likelihood of similar future events is still relevant,including their flood extent and conveyance routes and an asssment of the adver impacts they have entailed;
(c)a description of the significant floods which have occurred
in the past,where significant adver conquences of similar future events might be envisaged;
and,depending on the specific needs of Member States,it shall include:
(d)an asssment of the potential adver conquences 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 watercours and their general hydrological and geo-morphological characteristics,including floodplains as
natural retention areas,the effectiveness of existing man-made flood defence infrastructures,the position of populated areas,areas of economic activity and long-term developments including impacts of climate change on the occurrence of floods.
3.In the ca of international river basin districts,or units of management referred to in Article3(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.
4.Member States shall complete the preliminary flood risk asssment by22December2011.
Article5
1.On the basis of a preliminary flood risk asssment as referred to in Article4,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 tho areas for which they conclude that potential significant flood risks exist or might be considered likely to occur.
2.The identification under paragraph1of areas belonging to an international river basin district,or to a unit of management referred to in Article3(2)(b)shared with another Member State, shall be coordinated between the Member States concerned.
CHAPTER III
FLOOD HAZARD MAPS AND FLOOD RISK MAPS
Article6
1.Member States shall,at the level of the river basin district, or unit of management referred to in Article3(2)(b),prepare flood hazard maps and flood risk maps,at the most appropriate scale for the areas identified under Article5(1).
2.The preparation of flood hazard maps and flood risk maps for areas identified under Article5which are shared with other Member States shall be subject to prior exchange of information between the Member States concerned.
3.Flood hazard maps shall cover the geographical areas which could be flooded according to the following scenarios:
(a)floods with a low probability,or extreme event scenarios;
黑胡椒意面
(b)floods with a medium probability(likely return period
≥100years);
(c)floods with a high probability,where appropriate.
4.For each scenario referred to in paragraph3the following 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 adver con-quences associated with flood scenarios referred to in paragraph 3and expresd in terms of the following:
(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 of24September1996concerning integrated pollution prevention and control(1)which might cau acci-dental pollution in ca of flooding and potentially affected protected areas identified in Annex IV(1)(i),(iii)and(v)to Directive2000/60/EC;
(d)other information which the Member State considers uful
such as the indication of areas where floods with a high content of transported diments and debris floods can occur and information on other significant sources of pollution.
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 paragraph3(a).
7.Member States may decide that,for areas where flooding is from groundwater sources,the preparation of flood hazard maps shall be limited to the scenario referred to in para-graph3(a).
8.Member States shall ensure that the flood hazard maps and flood risk maps are completed by22December2013.
CHAPTER IV
FLOOD RISK MANAGEMENT PLANS
Article7
1.On the basis of the maps referred to in Article6,Member States shall establish flood risk management plans coordinated at the level of the river basin district,or unit of management referred to in Article3(2)(b),for the areas identified under Article5(1)and the areas covered by Article13(1)(b)in accordance with paragraphs2and3of this Article.
2.Member States shall establish appropriate objectives for the management of flood risks for the areas identified under Article5(1)and the areas covered by Article13(1)(b),focusing on the reduction of potential adver conquences of flooding for human health,the environment,cultural heritage and economic activity,and,if considered appropriate,on non-structural initiatives and/or on the reduction of the likelihood of flooding.
3.Flood risk management plans shall include measures for achieving the objectives established in accordance with paragraph2and shall include the components t out in Part A of the Annex.
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,such as natural floodplains,the environ-mental objectives of Article4of Directive2000/60/EC,soil and water management,spatial planning,land u,nature conrvation,navigation and port infrastructure.
Flood risk management plans shall address all aspects of flood risk management focusing on prevention,protection,prepa-redness,including flood forecasts and early warning systems and taking into account the characteristics of the particular river basin or sub-basin.Flood risk management plan
s may also include the promotion of sustainable land u practices, improvement of water retention as well as the controlled flooding of certain areas in the ca of a flood event.
4.In the interests of solidarity,flood risk management plans established in one Member State shall not include measures which,by their extent and impact,significantly increa flood risks upstream or downstream of other countries in the same river basin or sub-basin,unless the measures have been coor-dinated and an agreed solution has been found among the Member States concerned in the framework of Article8.
5.Member States shall ensure that flood risk management plans are completed and published by22December2015.
Article8
1.For river basin districts,or units of management referred to in Article3(2)(b),which fall entirely within their territory, Member States shall ensure that one single flood risk management plan,or a t of flood risk management plans coordinated at the level of the river basin district,is produced.
(1)OJ L257,10.10.1996,p.26.Directive as last amended by Regu-
lation(EC)No166/2006of the European Parliament and of the Council(OJ L33,4.2.2006,p.1).
