What is Decree No. 50 / 2023 Coll.?

Decree No. 50 / 2023 Coll., on river basin management plans and flood risk management plans — Order on river basin management plans and plans.

When it became Decree No. 50 / 2023 Coll. effectiveness?

Decree No. 50 / 2023 Coll. became effective 01.03.2023.

Is Decree No. 50 / 2023 Coll. still valid?

Yes, Decree No. 50 / 2023 Coll. is still valid and effective.

Decree No. 50 / 2023 Coll. - Order on river basin management plans an...

50

DECLARATION

of 22 February 2023

on river basin management plans and plans

The Ministry of Agriculture and the Ministry of the Environment, pursuant to § 25 (2) and § 26 (2) of Act No. 254 / 2001 Coll., on water and amending certain laws (Water Act), as amended:

ČÁST PRVNÍ

INTRODUCTORY PROVISIONS

§ 1

Subject matter

This decree implements the relevant provisions of the European Union1) and provides for

(a) the content and manner of treatment of river basin management plans and plans;

(b) the content of the basic and supplementary measures for the protection of waters under Article 23a of the Water Act;

(c) details of the stages of the design of the plans referred to in (a);

(d) the method and form of processing the preliminary assessment of flood risks;

(e) the method of determining areas with significant flood risk;

(f) the content and manner of processing of flood risk maps, flood risk maps and forms of publication thereof; and

(g) the way in which preparatory work, river basin management plans and flood risk management plans are made available for the active involvement of water users and the public.

§ 2

Definition of terms

For the purposes of this decree:

(a) water management services of all activities which provide natural or legal persons with the collection, recovery and accumulation of surface or groundwater and their subsequent treatment and distribution, or the removal and treatment of waste water with subsequent discharge into surface water;

(b) by the groundwater risk body, a body of groundwater where there is a risk that a good chemical or quantitative condition will not be achieved;

(c) parts of the water catchment area related to points of collection of water for human consumption, the protection zone of the water source referred to in Article 30 (1) of the Water Act or part of a water body or body of surface or groundwater, or bodies of surface water, where water intended for human consumption is sampled with more than 10 m3 / day or serving more than 50 persons;

(d) recognised use of methods of use for which the body of surface water whose hydromorphological changes are affected may be identified as being strongly affected by the body;

(e) by mapping flood risks the treatment of flood hazard maps, flood threat maps and flood risk maps;

(f) documentation of the area with significant flood risk, part of the sub-river basin management plans to provide the necessary supporting documents for the establishment of plans for flood risk management;

(g) data model of data sets purchased in the framework of the preparation of river basin management plans, for sharing information between plan chargers and providing the basic basis for reporting to the European Commission.

§ 3

Documentation for preparatory work and development of river basin management plans and plans

(a) State map work intended for public use2) or map work based on it;

(b) information collected in public administration information systems;

(c) data and outputs of the water balance pursuant to Section 22 of the Water Act;

(d) demographic and economic data of the Czech Statistical Office for individual municipalities,

(e) approved water and sewage development plans (3) and other regional strategic and conceptual documents;

(f) land planning documents, land planning documents and land use data;

(g) data from approved land-based establishments (4);

(h) data on flood protection status;

(i) data on landscape water regime;

(j) action plans or programmes adopted to implement European Union regulations and to implement the commitments of the Czech Republic resulting from international water agreements and obligations;

(k) information on the use and handling of waters;

(l) records of fertiliser use (5) and plant protection products (6);

(m) available data on emissions, discharges and releases of priority, certain other pollutants and specific pollutants referred to in the Government Regulation (7), issued under Paragraph 39 (3) of the Water Act, into surface waters;

(n) data on effects on surface and groundwater status,

(o) data on monitoring programmes and the results of the evaluation of water status;

(p) economic data on water use;

(q) flood damage data;

(r) details of the actions undertaken and planned from the grant titles; and

(s) a river basin management plan and a flood risk management plan to be updated and reviewed.

§ 4

Time schedule and work programme for river basin management and flood risk management plans

(1) The timetable and work programme for the development of river basin management and flood risk management plans will take into account the requirements of the International Commissions (8), which coordinate the development of river basin management and flood risk management plans in the international areas of the Elbe, Oder and Danube basin.

(2) The timetable and work programme for the management of river basin management plans shall be coordinated with the preparation of the relevant flood risk management plan and shall include:

(a) an analysis of the general and aquatic characteristics of the basins;

(b) an assessment of the impact of human activity on surface and groundwater status;

(c) a preliminary assessment of flood risks and the definition of areas with significant flood risk;

(d) the processing of flood hazard maps, flood threat maps and flood risk maps;

(e) economic analysis of water use;

(f) setting targets for river basin management plans and flood risk management plans;

(g) a preliminary overview of significant water management problems;

(h) identification of heavily affected and artificial aquatic bodies;

(i) a proposal for specific objectives under Article 23a (4) of the Water Act;

(j) draft measures to achieve the objectives;

(k) processing documentation of areas with significant flood risk;

(l) draft river basin management plans and plans;

(m) publishing and reminding of the results of preparatory work;

(n) publication and reminder of draft river basin management plans and plans;

(o) an assessment of the environmental impact of river basin management plans and plans; and

(p) monitoring the development and status of the proposed measures.

(3) The time schedule and work programme for the treatment of river basin management plans and flood risk management plans shall specify the period during which the documents used pursuant to Article 3 will be collected. The period shall be determined on the basis of the availability of background data and data, taking into account the requirements of the international commissions coordinating the processing of river basin management plans and plans for the management of flood risks of international river basin areas Elbe, Oder and Danube.

ČÁST DRUHÁ

FRUIT PLANS

§ 5

Content of river basin management plans

(1) The national river basin management plan contains the text part, the spreadsheets and the map annexes. The basic content of the national river basin management plan is set out in Annex 1 to this Decree. The map annexes shall contain the maps listed in Annex 2 to this Decree. The basic basis for the national river basin management plan and its updates are the sub-river basin management plans. The basic content of the national river basin management plan shall be supplemented according to the results of the stages of the development of the national river basin management plan and the requirements resulting from the international coordination of work within the international areas of the Elbe, Oder and Danube basin.

(2) The sub-river basin plan is the basis for the acquisition of the relevant national river basin management plan, contains details of the sub-river basin and a draft action programme. The basic content of the sub-basin plan is set out in Annex 3 to this Decree. The sub-basin plan also contains documentation of areas with significant flood risk, the basic content of which is set out in Annex 4 to this Decree. The map annexes shall contain the maps listed in Annex 2 to this Decree.

§ 6

Analysis of general and aquatic characteristics

(1) The analysis of the general and aquatic characteristics is to be carried out for each sub-basin for levels

(a) the sub-catchment area,

(b) bodies of water; and

(c) protected areas under Section 22 (5) of the Water Act.

(2) The analysis of the general and aquatic characteristics for the level of the sub-basins contains:

(a) information on geographical characteristics;

(b) information on hydrogeological conditions, in particular on overlying layers of groundwater infiltration areas;

(c) information on the river network and groundwater;

(d) information on water bodies, including their location and borders;

(e) demographic and socio-economic information;

(f) information on how the territory is used, including the identification of the main urban, industrial and agricultural areas, as well as, where appropriate, fishing and forestry areas and recreational areas;

(g) information on the use of the territory in the infiltration areas or areas from which groundwater is added, including the introduction of pollutants and changes in the characteristics of the restocking of groundwater by human activity;

(h) identification of current and future water use requirements; and

(i) identifying current and future requirements to address extreme hydrological situations, in particular flood and drought protection.

(3) The analysis of the general and water-based characteristics for water bodies includes:

(a) the identification of the links between the bodies of groundwater, surface water bodies and water or water-bound terrestrial ecosystems and the determination of groundwater bodies on which surface water ecosystems or terrestrial ecosystems are directly dependent, including the proposal to adapt the definition of water bodies where links between bodies of water or protected areas cause a risk of failure to achieve the objectives for protecting and improving the status of surface water and groundwater and aquatic ecosystems in the part of the body of water; and

(b) information on the types and extent of human activities to which surface and groundwater bodies are exposed,

1. estimates and identification of significant sources of pollution, in particular the substances listed in Annex 1 to the Water Act, from municipal, industrial, agricultural and other facilities as required in Part 1.4 of Annex II to Directive 2000 / 60 / EC;

2. estimates and identification of significant withdrawals from groundwater and surface water, discharges into surface water and artificial replenishment of groundwater, broken down for communal, industrial, agricultural and other uses, including their location, seasonal variability, total annual quantity and chemical composition,

3. Estimates and identification of the effects of significant water outflow control, including the conversion and diversion of water to total flow characteristics and water balance;

4. identification of significant morphological modifications to water bodies; and

5. estimates and identification of other significant effects of human activity on the state of water.

(4) In addition to the analysis referred to in paragraphs 2 and 3, the risk water bodies of groundwater shall also be analysed for the general and water-based characteristics used to optimise the design of the water survey and assessment programmes and the draft measures.

(5) The analysis for the risk bodies of groundwater referred to in paragraph 4 contains:

(a) the size of the water bodies;

(b) the geological characteristics of the water body, including the scope and type of geological units;

(c) hydrogeological characteristics of the water body, including permeability, porosity and tension of groundwater level;

(d) the characteristics of surface sediments and soils of the infiltration area, including the power, porosity, permeability and absorption properties of sediments and soils;

(e) the stratification characteristics of groundwater in the water body;

(f) the list of related bodies of surface water, water and terrestrial ecosystems with which the water service is hydraulically linked, including the estimation of directions and the share of water exchange between them;

(g) the data needed for the calculation of the long-term annual average quantities of sampling and the total replenishment of groundwater, including the positions of all sampling and discharge points;

(h) the chemical composition of the waters discharged to the body of groundwater;

(i) a description of the chemical composition of groundwater, including a specification of the degree of influence on human activities;

(j) an overview of the pollutants or pollution indicators on the basis of which the bodies of groundwater have been classified as hazardous;

(k) the groundwater quality standards (9) to which the risk relates, including actual or possible uses or functions of groundwater bodies and relationships between groundwater bodies and related surface waters and directly dependent terrestrial ecosystems;

(l) in the case of naturally occurring substances, information on the level of natural background in groundwater bodies;

(m) information on possible exceeding of the thresholds; and

(n) a further assessment of the trends in contaminants from the contaminants with regard to their spread and their impact on the state of water, the environment and human health.

(6) The analysis of the general and aquatic characteristics for groundwater bodies further includes:

(a) thresholds applicable at national or sub-basin level or at national parts of international river basin areas or at the level of the body or group of bodies of groundwater and the determination of the relationship between the threshold values; and

1. background levels for naturally occurring substances;

2. related surface waters and directly dependent terrestrial ecosystems,

3. groundwater quality standards 9) and other water protection standards; and

4. any available information on toxicology, ecotoxicology, persistence and bioaccumulation potential of pollutants and their tendency to disperse;

(b) the procedure for applying the methodology to determine background levels in accordance with the legislation governing the assessment of groundwater status (10);

(c) the reasons for not setting thresholds for any pollutants and indicators from the minimum list of pollutants and their indicators (10); and

(d) the guiding principles for the assessment of groundwater chemical status, including the level, method and period of aggregation of the monitoring results, the definition of the acceptable extent of excess and the method of calculation in accordance with the legislation governing the assessment of groundwater status (11).

(7) The analysis of the general and aquatic characteristics for the level of protected areas contains:

(a) identification of links between protected areas and water bodies;

(b) information on water sources, including the identification of points of water collection with a yield of more than 10 m3 / day or places for drinking water serving more than 50 persons and the annual average samples from these sources;

(c) information on surface waters used for bathing persons;

(d) information on surface waters in protected areas defined for the protection of habitats and water-related species;

(e) data characterising the state of the individual protected areas; and

(f) estimates of the effects of human activity referred to in paragraph 3 (b) on the state of each protected area.

§ 7

Evaluation of the impact of human activity on surface and groundwater status

(1) The assessment of the impact of human activity on surface and groundwater status is carried out for individual water bodies.

(2) The assessment of the impact of human activity on surface and groundwater status includes:

(a) assessment of the significance of the effects on water bodies;

(b) assessment of the risk of failure to achieve the objectives of water protection as an environmental component under Section 23a of the Water Act in individual water bodies;

(c) processing of the list of emissions, discharges and releases of priority, certain other pollutants and specific pollutants (12) from the data referred to in § 3 (m);

(d) evaluation of previous measures taken to limit the negative impact of human activity on the state of water;

(e) the identification of heavily affected and artificial aquatic bodies pursuant to Article 11; and

(f) assessing the expected impacts of the different climate change scenarios on:

1. the effects of human activity on water status and protected areas;

2. water resources and water services.

(3) When updating river basin management plans, the reference period shall be the year before the preparatory work is completed. For the determination of the values of substances covered by the directly applicable European Union13) in the list referred to in paragraph 2 (c), the average of the last three years before the preparatory work is completed shall be used.

§ 8

Economic analysis of water use

The economic analysis of water use includes the gathering and evaluation of economic information on water use for:

(a) cost recovery calculations taking into account the long-term forecast of water supply and demand, including:

1. an estimate of the volume, prices and costs of water services; and

2. an estimate of the related investments, including a forecast of those investments; and

(b) an assessment of the most cost-effective combination of water use measures to meet the objectives of river basin management plans on the basis of an estimate of the costs of such measures.

§ 9

Setting objectives

(1) The objectives are set for the various parts of the international river basin management areas in the Czech Republic, broken down in accordance with Section 24 (4) of the Water Act, so that their implementation can be assessed when updating the river basin management plan.

(2) The setting of objectives shall take into account the objectives agreed at international level.

(3) The objectives of water protection under § 23a of the Water Act are set out for individual water bodies or types of water bodies and for protected areas, while respecting the procedure under paragraphs 4 to 7 and 18.

(4) The objectives for protecting and improving the state of surface, groundwater and aquatic ecosystems shall include, by name or by reference to the relevant legislation, the indicators and their values to be achieved in the water service or protected area concerned.

(5) The objectives to reduce the adverse effects of floods are set out in flood protection standards for areas not defined as having significant flood risks. The established territorial conservation standards are the basis for the proposal for measures in river basin management plans.

(6) The objectives for the management of surface and groundwater and the sustainable use of such waters for the provision of water services set out the objectives for the protection and use of water resources, taking into account the expected effects of climate change, including the required level of water resources security.

(7) The objectives for improving water conditions and protecting the ecological stability of the landscape set out objectives for the restoration of the water regime, for increasing water retention in the landscape, for the restoration and development of new habitats, for ensuring the functionality and stability of water and for water-bound ecosystems, and for improving hydromorphological indicators in watercourses and valleys.

(8) For substances listed under headings 34 to 45 of Annex No 6 to the Government Regulation on the parameters and values of permissible contamination of surface water and waste water, the formalities for the authorisation of the discharge of waste water into surface water and sewerage and of sensitive areas (12), good chemical status of surface water for these substances must be achieved by 22 December 2027 and the deterioration of the chemical status in surface water bodies as regards these substances must be avoided by means of a preliminary programme of measures for these substances prepared by 22 December 2018 and a final programme of action drawn up by 22 December 2021, which must be adopted and implemented immediately after that date, but not later than 22 December 2024.

§ 10

Preliminary overview of major water management problems

(1) A preliminary overview of significant water management problems is drawn up on the basis of an analysis of the general and water-based characteristics referred to in § 6, an assessment of the impact of human activity under § 7, a flood hazard map and flood risk maps under § 17, an economic analysis under § 8 and a survey and assessment programme of the water status under § 21 (3) of the Water Act, taking into account the stated objectives under § 9.

(2) A preliminary overview of major water management problems includes:

(a) information on the significant impacts of human activity in the relevant sub-basin;

(b) an estimate of the significance of the individual effects on the status of water bodies;

(c) the nominal definition of artificial aquatic bodies;

(d) the nominal delimitation and justification of heavily affected water bodies; and

(e) proposals for specific water protection objectives in the relevant sub-catchment area referred to in Article 12.

§ 11

Strongly influenced and artificial water bodies

(1) For each water body designated as strongly affected or artificial, indicate:

(a) for which hydromorphological components a good ecological status corresponding to the natural body of surface water cannot be achieved;

(b) how changes in these hydromorphological components would adversely affect

1. surroundings,

2. navigation, including port facilities;

3. recreation,

4. activities for which water is taken, such as drinking water supply, electricity generation or irrigation,

5. adaptation of water conditions;

6. flood protection,

7. drainage,

8. other permanent human development activities; and

(c) what useful functions are provided by artificial or affected characteristics of the body of water which cannot be reasonably achieved by other means which would be significantly better from the point of view of the environment for technical imfeasibility or disproportionate costs.

(2) The eligible uses under Article 2 (d) are:

(a) supply of drinking water to the population;

(b) agricultural and forestry floods;

(c) the production of electricity within water bodies in the lake category and within water bodies in the river category;

(d) recreation within water bodies in the lake category,

(e) protection of indolent against flooding;

(f) permanent human development activities which are fish farming within water bodies in the lake category and industrial water collection;

(g) navigation within the water bodies in the river category, which are defined as the waterways significantly used; and

(h) the existence of natural, cultural, technical or historical values in the wider area.

§ 12

Proposal for specific objectives for water protection

(1) For groundwater bodies, the impact of the status of the groundwater body on the development of society, surface water and associated terrestrial ecosystems, on the regulation of water resources, flood protection and drainage of the territory shall be considered when setting specific water protection objectives.

Citation	Decree No. 50 / 2023 Coll., on river basin management plans and flood risk management plans
Regulation Type	-
Author	-
Collection	Code of Laws

Date of Promulgation	28.02.2023
Effective from	01.03.2023
Effective until	-
Status	Valid

Decree No. 50 / 2023 Coll.

Order on river basin management plans and plans

Contents

ČÁST PRVNÍ

§ 1

§ 2

§ 3

§ 4

ČÁST DRUHÁ

§ 5

§ 6

§ 7

§ 8

§ 9

§ 10

§ 11

§ 12

Contents

Comments 0

Regulation Information

Public Contracts 5

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