PREPARATION OF THE IMPLEMENTATION OF THE FLOOD DIRECTIVE AT THE LEVEL OF THE RHINE DISTRICT

Transcription

1 PREPARATION OF THE IMPLEMENTATION OF THE FLOOD DIRECTIVE AT THE LEVEL OF THE RHINE DISTRICT Frédéric Doisy Chair of the WG FLOOD International Commission for the Protection of the Rhine Koblenz Germany Abstract FINAL DRAFT Although prevention and precaution were basic principles for the management of the Rhine, two enormous floods in 1993 and 1995 with even greater consequences for many people seemed to be necessary before adequate measures were taken on a basin-wide level. The ICPR established an Action Plan on Floods also setting targets for ecological improvement of the Rhine and its floodplain. In 1998, the Rhine Ministers decided to implement this plan until 2020 (cost estimation 12.3 billion Euros). The action targets are: Reduce damage risks until 10% in 2005 and until 25% by 2020 Reduce gauges until 30 cm in 2005 and until 70 cm in 2020 Increase awareness of floods by drafting risks maps (ICPR Rhine atlas 2001) Improve the flood forecasting system By 2005, important action targets had been achieved, as different measures entailing costs of 4.5 billion Euros had been implemented. The riparian states have for example created great retention areas for 77 million m³ of flood water along the main stream, as these are most effective in order to reduce extreme flood stages. In order to increase flood awareness the ICPR published a Rhine atlas in In October 2007 the Rhine Ministers agreed on the following role and tasks of the International Rhine Commission concerning the implementation of the EC Floods Directive (FD): a) to update the Action Plan on Floods taking into account the programme Rhine 2020 and the EC Floods Directive; b) to support the co-ordination required for implementing the EC Floods Directive by EU states and Switzerland, as far as the watershed is concerned in a comparable manner to what is done within the EC Water Framework Directive; c) to update the Rhine Atlas 2001 according to guidance given in the EC Floods Directive and, in cooperation with sub-basins, to extend it to the entire watershed of the Rhine. While this work is ongoing, the WG F of the ICPR is also discussing the level of detail which would be required at the international level. At present, a document is being drafted on the aspects to be coordinated on district level. It is being assumed that, in order to meet the requirements of the FD, today s Action Plan on Floods will be modified into a Flood Risk Management Plan. Furthermore, at this stage, the compatibility of the management plans for the implementation of the WFD and the FD is already taken into account. Preparation of the implementation of the flood directive at the level of the Rhine district 1

2 Introduction: The Rhine River For many centuries, the Rhine has played an important role in the history and for the social, political and economical development of Europe. The Rhine is one of the most well known and most important rivers in Europe. In the past centuries, it has not only been an important shipping lane, but also a source of food and valuable water, a crystallisation point for human settlements and a source of inspiration for poets and writers. Industrial development in North Western Europe mainly took place on the banks of the Rhine River. From its source in Switzerland and Italy, the Rhine flows via France, Germany and the Netherlands into the North Sea. The river is km long and has a catchment area of km 2. After the Volga and the Danube, the Rhine is Europe s 3 rd largest river catchment. Today, more than 58 million people live in 9 countries in the Rhine watershed. About 8% of the total surface is used for settlements, trade and industry. Here, Europe s most important industrial and chemical companies annual production is worth some 550 billion Euros. More than 800 km of the Rhine are navigable with an annual load of almost 200 million tons of cargo crossing the Dutch-German border. Rhine water is used for industrial and agricultural purposes, for energy production, for the disposal of municipal wastewater and for the production of drinking water for more than 30 million people. The International Commission for the Protection of the Rhine The International Commission for the Protection of the Rhine (ICPR) was established in 1950 as the first intergovernmental body for the management of transboundary waters. Within the ICPR, Switzerland, France, Germany, Luxembourg and the Netherlands closely co-operate, while the European Community co-operates in matters pertaining to water. What started with the development of a joint monitoring strategy in the 50s and 60s of the last century has today become a comprehensive integrated management strategy of the Rhine, comprising aspects of water quality, emission reduction, ecological restoration, flood prevention and flood mitigation. This development was guided by a "learning by doing" process and considerably influenced by some major disasters. Focal points of this cooperation are the sustainable development of the Rhine, its floodplains, and the good state of all waters in its catchment. Within the ICPR, representatives of the governments of the states concerned jointly draft recommendations for programmes of measures which are then implemented and financed by the countries on their own territory. The ICPR coordinates this work and discusses its results. Currently, work is focussing on (i) the improvement of the chemical and ecological state of the Rhine by sustainable uses and with a view to mitigating the impacts in the North Sea, (ii) flood related problems taking into account ecological requirements, and (iii) support of the co-ordinated implementation of European regulations, such as the Water Framework Directive (drafting the international part of the management plan for the international Rhine river basin district) and the Flood Directive in the catchment of the Rhine. In order to coordinate the implementation of the WFD on district level, the member states of the International Commission for the Protection of the Rhine (ICPR) have established successful cooperation with Austria, Liechtenstein, the Belgian region of Wallonia, and Italy. Flood Related Problems In the 19 th century, the course of the Rhine was drastically altered in order to improve conditions for navigation and to enable the use of alluvial riverside areas for agriculture and other purposes. Further "corrections" in the river bed followed in the 20th century (fig. 1). As a result, between Basel and Mainz the length of the river was reduced by more than 80 km and 85 % of the alluvial land was lost. Meanders and alluvial land were cut off, causing great changes in the river ecosystem. Other problems were the increase of flow velocity, the erosion of the river bed and the drop of groundwater levels. Flood problems are as old as the river itself. Heavy rainfall or sudden snow melts and local icebarriers have always caused high water levels in the Rhine. However, during the last two centuries, human activities in and along the river have increased the negative impact of higher water Preparation of the implementation of the flood directive at the level of the Rhine district 2

3 discharges. Changes in the course of the river and the riverbed, the intensified use of the whole river basin, erosion, urbanisation and changes in the water flow seriously increased the risk of floods in the Rhine area. At the same time, more and more people and economic activities settled in endangered areas, thus increasing the potential damage resulting from high water levels. Fig. 1 Changes in river landscape: the Rhine at Breisach 1838, 1872 and 1980: Only 160 years ago, the river freely moved through the floodplain; it topped the banks and changed its river bed. Today it is forced into a fixed bed and deprived of its natural dynamics. The 1993 and 1995 floods in the middle and lower Rhine area clearly pointed out the need for a drastic change in both river management with respect to floods and the risk management policies in areas potentially at risk. Such problems can only be solved effectively in a basin-oriented context. Obviously, for the Rhine, this means international cooperation. In the declaration of Arles (4 th February 1995) the ICPR and the commissions for the Meuse and Moselle - Sarre were mandated by the EU - Ministers of Environment to work out so-called action plans on floods. Preparation of the implementation of the flood directive at the level of the Rhine district 3

4 Implementation of the Action Plan on Floods ( ) The ICPR drafted an Action Plan on Floods including the target of ecological improvement of the Rhine and its floodplain and, in 1998, the Rhine Ministers decided to implement this plan until 2020 (cost estimation 12.3 billion Euros). The action targets are: (1) Reduce damage risks until 10% in 2005 and until 25% by 2020 (2) Reduce extreme flood stages until 30 cm in 2005 and until 70 cm in 2020 (3) Increase awareness of floods by drafting risks maps (ICPR Rhine atlas 2001) (4) Improve the flood forecasting system By 2005, important action targets had been achieved, as different measures entailing costs of 4.5 billion Euros were implemented. The results of implementation by 2005 compared with the reference year 1995 are: (1) Damage risks have reduced. Along the Rhine, damage risks have been reduced to a larger extent along unprotected stretches of the Rhine than along stretches protected by dikes. (2) At the Maxau gauging station on the Upper Rhine, the targeted reduction of extreme floodwater levels of the Rhine by up to 30 cm is being achieved by means of measures taken since Along the Middle and lower Rhine and the Rhine delta the reduction achieved is less. The riparian states have for example created great retention areas for 77 million m³ of flood water along the main stream, as these are most effective in order to reduce extreme flood levels. (3) Maps illustrating flood danger and flood risk (see ICPR Rhine Atlas 2001) have contributed to increase the population s flood awareness and prove to be an effective instrument in public relations work. In future they should be drawn up for every property in areas at risk and be easily available for the public. (4) The objective of prolonging forecasting periods by 100% has been achieved, but not with the same reliability as with former shorter forecasting horizons. Mandate for the coordination of the implementation of the EC-FD In October 2007, the Rhine Ministers agreed on the following role and tasks of the International Rhine Commission concerning the implementation of the EC-FD: a) to update the Action Plan on Floods taking into account the programme Rhine 2020 and the EC Floods Directive; b) to support the co-ordination required for implementing the EC Floods Ddirective in EU states and Switzerland, as far as the watershed is concerned, in a comparable manner to what is done within the EC Water Framework Directive; c) to update the Rhine Atlas 2001 according to guidance given in the EC Floods Directive and, in cooperation with sub-basins, to extend it to the entire watershed of the Rhine. While this work is going on, the WG F of the ICPR is also discussing the level of detail which would be required at an international level. Preparation of the coordinated implementation of the FD At present, a document is being drafted on the aspects to be coordinated on district level which will be adopted in the plenary session of the ICPR end of June Some steps are obvious, others are under discussion. Preparation of the implementation of the flood directive at the level of the Rhine district 4

5 In the river basin district Rhine, the inventory of watersheds and the designation of watersheds to river basin districts and the designation of the authority in charge of implementing the FD will follow a similar approach as for the WFD. The international river basin district (IRBD) Rhine defined within the Water Framework Directive (WFD) will be identical with the river basin district Rhine for the implementation of the FD (see art. 2). Fig. 2 illustrates the international river basin district Rhine according to the WFD and the division of the IRBD Rhine into areas of operation. Fig. 2: The Rhine watershed with its areas of operation (total surface ~ km²; Germany (~53%); Switzerland, France, Netherland (each ~13% - 18 %); Italy, Austria, Liechtenstein, Luxemburg, Belgium (together ~ 3%) These mostly international areas of operation are limited by naturally given circumstances (see fig. 2): Alp Rhine / Lake Constance AU, FL, CH, D-BW and D-BY) High Rhine: CH, D-BW Upper Rhine: F, D-BW, D-HE, D-RP Neckar: D-BW Main: D-BY, D-HE, D-TH, D-BW Middle Rhine D-HE, D-RP Moselle/Sarre: F, D-SL, D-RP, LU, WAL Lower Rhine: D-NRW, D-RP Delta Rhine: NL, D-NRW Preparation of the implementation of the flood directive at the level of the Rhine district 5

6 For the reporting to the EU Commission, and just as for the implementation of the WFD, the IRBD will be split into an overriding part A (size of watershed > 2,500 km²) and regional parts B (areas of operation or national parts) (see fig. 2). As far as it can be determined today, in most states the same authorities will be in charge of the implementation of the FD in the IRBD Rhine. Due to reorganisation, other authorities may be in charge (see art. 3). Fig. 3 shows the survey map for the authorities in charge of implementing of the WFD in the IRBD Rhine. Fig. 3: Survey map over the competent authorities in the Rhine river basin district Preparation of the implementation of the flood directive at the level of the Rhine district 6

7 Today, the timetable is as follows: Draft maps for the preliminary assessment (by mid 2010) with the help of WasserBLIck, contact ICPR-secretariat, states delivering GIS data or federal states, BfG Draft a short report: Start: 2 nd semester 2010 End: Mid end 2011 Phase 1: Preliminary Flood Risk Assessment (art. 4, art. 5) on level A of the Rhine river basin district Flood risk means the combination of the probability of a flood event and of the potential adverse effects for human health, the environment, cultural heritage and economic activity associated with a flood event. In the river basin district a survey map will be drafted for the first phase of the implementation of the FD concerning the preliminary assessment of flood risks in the international river basin district Rhine and the part A network of water bodies (watershed > 2,500 km²; basic map: EuroGlobalMap- EGM). The following legend is agreed upon for this survey map: Water (reaches) for which present knowledge indicates a flood risk (orange) Water (reaches) for which preliminary assessment indicates a flood risk (red) Water (reaches) for which preliminary assessment does not indicate any flood risk (green) Water (reaches) for which no assessment is available on the basis of the present state of knowledge (yellow) It is planned to draft a short report for level A of the IRBD Rhine (watershed > 2,500 km²) explaining the survey map by end This report will list the different coordination elements, point out definite coordination requirement and explain the different starting points in the states. This survey map will be updated annually. Phase 2: Flood Hazard Maps and Flood Risk Maps According to the FD, only an exchange of information on the drafting of these maps is required. As far as the Flood Risk Management Plan is concerned, a survey map is required for the water network part A of the entire IRBD Rhine. In order to avoid later problems, an early coordination is required at level A for the Rhine, at least for the main stream of the Rhine, which, in long sections, forms the border between Germany and Switzerland and between France and Germany. Therefore, already the drafting of the maps must be coordinated along the Rhine. As far as flood hazards and flood risks are concerned for the part A water network (watershed > 2,500 km²) (2nd phase until end 2013), survey maps will be established by 2013 for each of the three scenarios [or the required three scenarios will be included in one survey map]. This means that a coordinated representation of contents for the main stream (including the Alp Rhine) and for the major tributaries exists for the three flood scenarios (= updated Rhine Atlas). The ICPR Rhine Atlas 2001 will be updated by end The coordinated drafting of maps for the main stream of the Rhine by the states and the federal Länder requires consent on the determining runoff for the three scenarios for flood hazard maps and flood risk maps. Consent on these discharge values is under discussion and has not yet been achieved for all sections of the Rhine. Preparation of the implementation of the flood directive at the level of the Rhine district 7

8 Phase 3: Flood Risk Management Plans It is being assumed that, in order to meet the requirements of the Flood Directive (FD), today s Action Plan on Floods will be modified into a Flood Risk Management Plan. Furthermore, at this stage, the compatibility of the management plans for the implementation of the WFD and the FD is already taken into account. Transitional Measures according to art. 13 Based on article 13, par. 1 of the FD it may be decided not to make a preliminary assessment for distinct watersheds, sub-basins or coastal areas. 1. Member States may decide not to undertake the preliminary flood risk assessment referred to in Article 4 for those river basins, sub-basins or coastal areas where they have either: (a) already undertaken a risk assessment to conclude, before 22 December 2010, that a potential significant flood risk exists or might be considered likely to occur leading to the identification of the area among those referred to in Article 5(1) or (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 provisions 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 Member States may decide to make use of flood risk management plans finalised before 22 December 2010, provided the content of these plans is equivalent to the requirements set out in Article 7. A survey among representatives of the EU states in the ICPR working group F has so far led to the following statements: For some sub-basins of the IRBD Rhine, Germany will invoke transitional measures according to art. 13, par. 1a and 3. The Netherlands will invoke transitional measures according to art. 13, par. 1b). France will not invoke transitional measures according to art. 13, par. 1a) and 1b) but will eventually invoke art. 13, par. 2. Conclusions The first steps towards coordinated implementation of the FD in the IRBD have been taken. The almost 60 years of international co-operation along the Rhine certainly provide a solid basis for implementing the FD. Confidence between the states and negotiating parties in the Rhine catchment has been created. Intensive discussions concerning national experience and initiating and implementing joint transboundary projects within the implementation of the Action Plan on floods (INTERREG programmes as IRMA, etc.) have triggered numerous interactive processes and increased mutual understanding of the concerns of up- and downstream users. Experience gained so far with the Action Plan on Floods is important for the further development of the existing action plan into a Flood Risk Management Plan. However, further negotiation and discussion is required at ICPR level. On the basis of co-operation hitherto the ICPR is confident that constructive solutions will be found for the points disputed within the FD implementation in the Rhine watershed. REFERENCES - English (1) International Commission for the Protection of the Rhine (ICPR): Action Plan on Floods , Action Targets, Implementation and Results, 2007, 16 p., Koblenz, ISBN: Preparation of the implementation of the flood directive at the level of the Rhine district 8