Each Member State of the European Union must fully apply EU law. The body responsible for identifying possible violations of EU law is the European Commission. Where a Member State does not apply EU law and breaches its obligations under the EU Treaties, the European Commission may open a formal infringement procedure under Articles 258 and 260 TFEU (see details on the infringement procedure here).
Member states are required to update their Flood Hazard Maps and Flood Risk Maps as required by the Floods Directive (2007/60/EC) on the assessment and management of flood risks. Flood Hazard Maps should cover the geographical areas which could be flooded, whereas Flood Risk Maps show the potential negative consequences associated with these flood scenarios. These maps form the basis for the drafting of Flood Risk Management Plans. Member States were required to report on the updates they made to their first Flood Hazard Maps and Flood Risk Maps by December 2019. The objective is to keep the maps fit for purpose and reduce the negative consequences of floods for human health, the environment, cultural heritage and economic activity.
However, the Commission noted that some countries – including Greece – had not updated their flood hazard maps and flood risk maps with up-to-date information, nor had they communicated the updates they had made to these maps in order to reduce the negative consequences of floods for human health, the environment, cultural heritage and economic activity. It therefore proceeded to send letters of formal notice on 9 February 2022. However, the problem does not seem to have been resolved and therefore the Commission took further action in 2022. As mentioned in the ‘February infringements package: main decisions/9-2-2022’, the European Commission sent a ‘Reasoned opinion’, calling on Greece to comply with the EU rules of Directive 2007/60/EC. [Infringement number: INFR(2021)2254].
The application of EU law is an obligation of the Member States of the European Union. If infringements of EU law are identified, the European Commission may take a series of actions against the Member State concerned to ensure the correct and full application of EU law by opening infringement proceedings under Articles 258 and 260 TFEU.
In this case, the European Commission sent a letter of formal notice and a reasoned opinion to Greece under Article 258 TFEU, calling on it to comply with the provisions of Directive 2007/60/EC. This is because Greece is one of the countries that have not updated their flood risk maps and flood hazard maps, thus incorrectly applying the provisions of the above Directive and thus infringing EU law.
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