EUROPEAN COMMISSION

Brussels, 23.11.2017

COM(2017) 772 final

2017/0309(COD)

Proposal for a

DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

amending Decision No 1313/2013/EU on a Union Civil Protection Mechanism

EXPLANATORY MEMORANDUM

1.CONTEXT OF THE PROPOSAL

•Reasons for and objectives of the proposal

•Consistency with existing policy provisions in the policy area

This proposal contributes to one of the ten political priorities set out by the Commission for the 2015-2019 period, namely the achievement of 'An Area of Justice and Fundamental Rights Based on Mutual Trust'. Mutual trust is enshrined in the principle of solidarity, which underpins Decision No 1313/2013/EU, and will be strengthened under this proposal, alongside the principles of shared responsibility and accountability.

The changes proposed are fully consistent with the broader objective of working towards a ‘Europe that protects’, which has guided the efforts of the Commission during the past years, and will continue to do so in the coming future. This proposal builds on the positive results the existing framework has delivered so far, and intends to correct its shortcomings with reinforced provisions so as to continue to support, coordinate and complement the action of the Member States in this area.

•Consistency with other Union policies

The actions envisaged under the revised UCPM are aligned with the overall objective of the Union to ensure that all relevant EU policies and instruments contribute to reinforcing the Union’s capacities in terms of disaster risk management, from disaster prevention, to disaster preparedness, response and recovery. It also reflects the objective set out in Article 3(3) of the Treaty on the European Union to support solidarity among Member States.

In particular, special attention is being given to ensuring close coordination and consistency with actions carried out under other EU policies, such as on climate change adaptation, and instruments acting in the field of disaster prevention and disaster risk reduction, such as cohesion, rural development, research, health, as well as migration and security policies. Likewise, the proposal seeks to establish stronger synergies with humanitarian aid policy, particularly in the response to emergencies outside the Union.

No legislative act under other Union policies can currently achieve the objectives pursued by this proposal. There should therefore also be no overlap of actions in the field.

2.LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY

•Legal basis

The legal basis for this proposal is Article 196 of the Treaty on the Functioning of the European Union.

•Subsidiarity (for non-exclusive competence)

•Proportionality

•Choice of the instrument

3.RESULTS OF EX-POST EVALUATIONS, STAKEHOLDER CONSULTATIONS AND IMPACT ASSESSMENTS

•Stakeholder consultations

The shortcomings this proposal aims to tackle were identified from operational experience, as well as from the results of the comprehensive stakeholder consultation recently conducted in the framework of the UCPM Interim Evaluation 7 . The general objective of the latter was to give all concerned stakeholders the opportunity to express their views on the performance of the UCPM during the first half of its implementation. The specific objectives were to:

(a)Collect views and opinions of European citizens on the results achieved by the UCPM so far;

(b)Determine the importance of different priorities for disaster risk management as they are perceived across the EU;

(c)Obtain targeted feedback and technical advice from the primary stakeholders of the UCPM;

(d)Gather evidence to support the interim evaluation of the UCPM for each of the main evaluation criteria.

Four main groups of stakeholders were addressed during the consultation activities:

–Entities implementing the UCPM: Member States civil protection authorities contributing with modules and/or experts to the European Emergency Response Capacity; other civil protection authorities of the Member States; the civil protection authorities of Participating States 8 .

–Entities affected by the UCPM: Host countries having received UCPM support (EU, Accession countries, European Neighbourhood countries and other third countries), European Parliament, Committee of Regions, local authorities.

–Entities with a stated interest in the UCPM: Other authorities of the Member States, other authorities of Participating States, UN agencies, World Bank, NGOs, Private Sector, Foundations, etc.

–Entities having expertise relevant to the UCPM (i.e. disaster risk management): Universities/centres of excellence and think tanks, mainly in PS.

•Collection and use of expertise

The Interim Evaluation underpinning this proposal was carried out by an external evaluator between September 2016 and June 2017. It was based on inputs received during discussions with Participating States (Civil Protection Committee, Civil Protection Council Working Party, and Directors-General meetings) and took into account the information obtained via an Open Public Consultation, the European Court of Auditors (ECA) special report on the UCPM and the Commission's Report on progress made and gaps remaining in the EERC.

The evaluation consisted of three phases:

(i)inception, including a desk review of UCPM activities and scoping interviews with desk officers;

(ii)research, including a targeted consultation of main UCPM stakeholders 9 through online surveys, face-to-face and telephone interviews, and three case studies (Cyprus Forest Fires, Estonia Module Exercise, Migration crisis).

(iii)analysis and synthesis, including data triangulation, elaboration of conclusions and recommendations, and drafting.

The above-mentioned Open Public Consultation (OPC) was carried out online for three months (November 2016 – February 2017), with 130 responders from all over Europe providing feedback on the UCPM. A report on the outcome of the OPC was published at the end of March 2017 10 .

Impact assessment

An Impact Assessment has not been carried out to accompany this proposal given that there is an extreme urgency for implementing the proposed changes due to gaps in critical capacities at European level, demonstrated in particular by the 2017 forest fire-fighting season. Such gaps have substantially affected the EU's response to disasters and resulted in a high number of casualties, heavy economic impacts and damage to the environment.

•Regulatory fitness and simplification

The proposed revision is limited in scope and nature, it balances Member States' interests, and is proportional to what is operationally required.

As this is a revision of an existing piece of legislation, the Commission has looked at opportunities to simplify and reduce burdens. While a number of simplification actions have been identified, as explained below, it has not been possible to quantify these, given the limited availability of data in the tight time frame.

This proposal removes red tape by introducing a specific reference to the use of unit sums, lump sums and flat rates in relation to the co-financing of transport costs. Moreover, it simplifies existing administrative procedures by streamlining co-financing rules.

More generally, this proposal seeks to update operational procedures to ensure they are fit for purpose, agile and straightforward to understand and apply, therefore ensuring Member States are able to access support and facilitation from the Union Mechanism when needed. For example, recent disasters have highlighted that the Union might not be sufficiently equipped for emergencies with wide-ranging impact affecting several Member States at the same time (e.g. wildfires, extreme weather events, large-scale flooding, earthquakes, epidemics (such as Ebola), terrorist attacks). In such circumstances, Member States are not always able to offer assistance.

4.BUDGETARY IMPLICATIONS

–reinforcing the collective capacity of the Member States and the Union to respond to disasters with the creation of a dedicated reserve of response capacities, with command and control executed by the Commission (rescEU),

–higher co-financing rates (75%) of capacities that are put at the disposal of the European pool. This includes adaptation, repair, transport and operational costs;

–strengthening the focus on prevention and enhancing coherence with other key EU policies, and;

–strengthening cooperation with neighbourhood countries.

5.OTHER ELEMENTS

•Implementation plans and monitoring, evaluation and reporting arrangements

•Detailed explanation of the specific provisions of the proposal

–Creation of a dedicated reserve of assets: rescEU. This proposal expressly allows the Commission to acquire its own operational capacities, and to set up arrangements for ensuring rapid access to those capacities in order to create a dedicated reserve of assets that will help cover existing gaps at national level. Capacities rented or leased via EU arrangements or acquired with full EU financing would become part of rescEU. All costs of these capacities would be fully covered by EU financing, which will retain the operational command and control of these assets and decide on their deployment, once the Mechanism has been activated. The identification of additional capacities will be undertaken in consultation with a rescEU expert group.

–Reinforcement of the European Emergency Response Capacity where Member States can pre-commit national response capacities (e.g. CBRN detection and sampling, water purification, ground forest fire fighting, flood rescue using boats or other capacities such as mobile laboratories), will continue to be a central piece of the UCPM and will now be known as the "European Civil Protection Pool". This proposal revises the system of incentives for committing assets into the European Civil Protection Pool by increasing the co-financing rates, as well as the types of eligible costs. In particular, under the new proposal, assets committed to the European Civil Protection Pool will benefit from a 75% coverage of all costs incurred during UCPM operations within the Union, including adaptation, repair, transportation and operational costs.

2017/0309 (COD)

Proposal for a

DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

amending Decision No 1313/2013/EU on a Union Civil Protection Mechanism

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 196 thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national parliaments,

Having regard to the opinion of the Committee of the Regions,

Acting in accordance with the ordinary legislative procedure,

Whereas:

(1)The Union Civil Protection Mechanism ('the Union Mechanism') governed by Decision No 1313/2013/EU of the European Parliament and the Council 12 strengthens cooperation between the Union and the Member States and facilitates coordination in the field of civil protection in order to improve the Union's response to natural and man-made disasters.

(2)Whilst recognising the primary responsibility of Member States for preventing, preparing and responding to natural and man-made disasters, the Union Mechanism promotes solidarity between Member States in accordance with Article 3(3) of the Treaty on European Union.

(3)Natural and man-made disasters can strike anywhere across the globe, often without warning. Whether of natural or man-made origin, they are becoming increasingly frequent, extreme and complex, exacerbated by the impacts of climate change, and irrespective of national borders. The human, environmental, and economic consequences stemming from disasters can be enormous.

(4)Recent experience has shown that reliance on voluntary offers of mutual assistance, coordinated and facilitated by the Union Mechanism, does not always ensure that sufficient capacities are made available to address the basic needs of people affected by disasters in a satisfactory manner, nor that the environment and property are properly safeguarded. This is particularly so where Member States are simultaneously affected by recurrent disasters and collective capacity is insufficient.

(5)Prevention is of key importance for protection against disasters and requires further action. To that effect, Member States should share risk assessments on a regular basis as well as summaries of their disaster risk management planning in order to ensure an integrated approach to disaster management, linking risk prevention, preparedness and response actions. In addition, the Commission should be able to require Member States to provide specific prevention and preparedness plans in relation to specific disasters, notably with a view to maximising overall Union support to disaster risk management. Administrative burden should be reduced and prevention policies strengthened, including by ensuring necessary links to other key Union policies and instruments, notably the European Structural and Investment Funds as listed in recital 2 of Regulation (EU) No 1303/2013 13 .

(6)There is a need to reinforce the collective ability to prepare and respond to disasters notably through mutual support in Europe. In addition to strengthening the possibilities already offered by the European Emergency Response Capacity ('EERC' or 'voluntary pool'), from now on referred to as "European Civil Protection Pool", the Commission should also establish rescEU. The composition of rescEU should include emergency response capacities to respond to wildfires, large-scale floods and earthquakes, as well as a field hospital and medical teams in line with World Health Organisation standards, that can be rapidly deployed.

(7)The Union should be able to support Member States where available capacities are insufficient to allow for an effective response to disasters by contributing to the financing of leasing or rental arrangements for ensuring rapid access to such capacities or by financing their acquisition. This would substantially increase the effectiveness of the Union Mechanism, by ensuring availability of capacities in cases where an effective response to disasters would otherwise not be ensured, particularly for disasters with wide ranging impacts affecting a significant number of Member States. Union procurement of capacities should allow for economies of scale and better coordination when responding to disasters.

(8)Reinforcing the European Civil Protection Pool requires enhanced Union financing in terms of adaptation and repair of capacities, as well as operational costs.

(9)In order to strengthen efficiency and effectiveness of training and exercises and enhance co-operation between Member States' national civil protection authorities and services it is necessary to establish a Union Civil Protection Knowledge Network that is based on existing structures.

(10)In order to achieve the functioning of the rescEU capacity, additional financial appropriations should made available to finance actions under the Union Mechanism.

(11)There is a need to simplify Union Mechanism procedures to ensure that Member States can access assistance and capacities needed in order to respond to natural or man-made disasters as rapidly as possible.

(12)In order to maximise the use of existing funding instruments and support Member States in delivering assistance, particularly in response to disasters outside the Union, a derogation to Article 129(1) of Regulation (EU, Euratom) 966/2012 of the European Parliament and the Council 14 should be provided for when financing is granted pursuant to Articles 21, 22 and 23 of Decision No 1313/2013/EU.

(13)It is important to ensure that Member States take all the necessary actions in order to effectively prevent natural and man-made disasters and mitigate their effects. Provisions should reinforce links between prevention, preparedness and response actions under the Union Mechanism. Coherence should also be ensured with other relevant Union legislation on prevention and disaster risk management, including for cross-border prevention action and response to threats such as serious cross-border health threats 15 . Likewise, coherence should be ensured with international commitments such as the Sendai Framework for Disaster Risk Reduction 2015 – 2030, the Paris Agreement and Agenda 2030 for Sustainable Development.

(14)The delegation of power conferred to the Commission by Decision No 1313/2013/EU should be amended, in order to allow for effective emergency support capacity for the European Union (rescEU). The power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission to define additional types of response capacities on the basis of identified risks and taking into account a multi-hazard approach.

(15)Since the objectives of this Decision cannot be sufficiently achieved by the Member States acting alone but can rather, by reason of scale or effects, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Decision does not go beyond what is necessary in order to achieve those objectives.

(16)Decision No 1313/2013/EU should therefore be amended accordingly,

HAVE ADOPTED THIS DECISION:

Article 1

Decision No 1313/2013/EU is hereby amended as follows:

(1)Article 3 is amended as follows:

(a) in paragraph 1 the following point (e) is added:

'(e)to increase the availability and use of scientific knowledge on disasters.'

(b) point (a) of paragraph 2 is replaced by the following:

'(a)progress in implementing the disaster prevention framework: measured by the number of Member States that have made available to the Commission their risk assessments, an assessment of their risk management capability and a summary of their disaster management planning as referred to in Article 6;'

(2)in Article 4, the following point 12 is added:

'(12) Participating State' means a third country participating in the Union Mechanism in accordance with Article 28(1);'

(3)in Article 5 (1), point (a) is replaced by the following:

'(a)take action to improve the knowledge base on disaster risks and facilitate the sharing of knowledge, the results of scientific research, best practices and information, including among Member States that share common risks.'

(4)Article 6 is amended as follows:

(a)points (a) and (b) are replaced by the following:

'(a)develop risk assessments at national or appropriate sub-national level and make them available to the Commission by 22 December 2018 and every three years thereafter;

(b)develop and refine their disaster risk management planning at national or appropriate sub-national level based on the risk assessments referred to in point (a) and taking into account the assessment of their risk management capability referred to in point (c) and the overview of risks referred to in point (c) of Article 5(1).'

(b)the following second subparagraph is added:

'A summary of the relevant elements of the risk management planning shall be provided to the Commission, including information on the selected prevention and preparedness measures, by 31 January 2019 and every three years thereafter. In addition, the Commission may require Member States to provide specific prevention and preparedness plans, which shall cover both short- and long-term efforts. The Union shall duly consider the progress made by the Member States with respect to disaster prevention and preparedness as part of any future ex-ante conditionality mechanism under the European Structural and Investment Funds.'

(c)the following point (e) is added:

'(e)The Commission may also establish specific consultation mechanisms to enhance appropriate prevention and preparedness planning and coordination among Member States prone to similar type disasters.'

(4)In Article 10, paragraph 1 is replaced by the following:

'1.The Commission and the Member States shall work together to improve the planning of disaster response operations under the Union Mechanism, including through scenario-building for disaster response based on the risk assessments referred to in point (a) of Article 6 and the overview of risks referred to in point (c) of Article 5(1), asset mapping and the development of plans for the deployment of response capacities.'

(5)Article 11 is amended as follows:

(a)The title is replaced by the following:

'European Civil Protection Pool'

(b) paragraphs 1 and 2 are replaced by the following:

'1.A European Civil Protection Pool shall be established. It shall consist of a pool of pre-committed response capacities of the Member States and include modules, other response capacities and experts.

2.On the basis of identified risks, the Commission shall define the types and the number of key response capacities required for the European Civil Protection Pool ("capacity goals"). The Commission shall monitor progress towards the capacity goals and remaining gaps and shall encourage Member States to address such gaps. The Commission may support Member States in accordance with Article 20, point (i) of Article 21(1) and Article 21(2).'

(c)paragraphs 7 and 8 are replaced by the following:

'7.Response capacities that Member States make available for the European Civil Protection Pool shall be available for response operations under the Union Mechanism following a request for assistance through the ERCC, unless Member States are faced with an exceptional situation substantially affecting the discharge of national tasks.

8.In the event of deployment of such response they shall remain under the command and control of the Member States making them available and may be withdrawn when Member States are faced with an exceptional situation substantially affecting the discharge of national tasks preventing them from keeping those response capacities available. In such cases, the Commission shall be consulted.

The coordination of different response capacities shall be facilitated where appropriate by the Commission through the ERCC in accordance with Articles 15 and 16.'

(d)the following paragraph 10 is added:

'10.The references to the European Emergency Response Capacity, EERC and the voluntary pool shall be understood as a reference to the European Civil Protection Pool.'

(6)Article 12 is replaced by the following:

'rescEU'

1.rescEU shall be established to provide relief where existing capacities do not allow responding effectively to disasters.

2.The composition of rescEU shall consist of the following capacities:

(a)    aerial forest firefighting;

(b)    high capacity pumping;

(c)    urban search and rescue;

(d)    field hospital and emergency medical teams.

3.The Commission may acquire, rent, lease and/or otherwise contract capacities to be deployed in cases referred to in paragraph 1, in accordance with the Union's financial rules.

4.On the basis of identified risks and taking into account a multi-hazard approach, the Commission shall be empowered to adopt delegated acts in accordance with Article 30 to define the types of response capacities required in addition to those identified in paragraph 2 of this Article and revise the composition of rescEU accordingly. Consistency shall be ensured with other Union policies.

Where, in the case of a disaster or imminent disaster, imperative grounds of urgency so require, the procedure provided for in Article 31 shall apply to delegated acts adopted pursuant to this Article.

5.The Commission shall define quality requirements for the response capacities forming part of rescEU. The quality requirements shall be based on established international standards, where such standards already exist.

6.The Commission shall ensure the availability and deployability of the capacities referred to in paragraph 2 under the Union Mechanism.

7.rescEU capacities shall be available for response operations under the Union Mechanism following a request for assistance through the ERCC. The decision on their deployment shall be taken by the Commission, which shall retain command and control of rescEU capacities.

8.In case of deployment, the Commission shall agree with the requesting Member State on the operational deployment of rescEU capacities. The requesting Member State shall facilitate operational co-ordination of its own capacities and rescEU activities during operations.

9.The coordination among the different response capacities shall be facilitated where appropriate by the Commission through the ERCC in accordance with Articles 15 and 16.

10.Where the Commission procures equipment such as aerial forest firefighting equipment, by means of acquisition, leasing or rental, the following shall be ensured:

(a)in case of acquisition of equipment, an agreement between the Commission and a Member State provides for the registration thereof in that Member State.

(b)in case of leasing and rental, the registration of the equipment in a Member State.

11.Member States shall be informed of the operational status of rescEU capacities through CECIS.'

(7)the following Article 12a is inserted:

'Article 12a

Information to the European Parliament and the Council

The Commission shall inform the European Parliament and the Council of operations and progress made under Articles 11 and 12 every two years.'

(8)in Article 13, the title and the first sentence of paragraph 1 are replaced by the following:

'Union Civil Protection Knowledge Network

1. The Commission shall establish a network of relevant civil protection and disaster management actors and institutions, forming together with the Commission a Union Civil Protection Knowledge Network.

The Network shall carry out the following tasks in the field of training, exercises, lessons learnt and knowledge dissemination, in close coordination with relevant knowledge centres, where appropriate:'

(9)in Article 15, paragraph 1 is replaced by the following:

'1.When a disaster occurs within the Union, or is imminent, the affected Member State may request assistance through the ERCC. The request shall be as specific as possible. A request for assistance shall lapse after a maximum period of 90 days, unless new elements justifying the need for continued or additional assistance are provided to the ERCC.'

(10)in Article 16, paragraph 1 is replaced by the following:

'1.When a disaster occurs outside the Union, or is imminent, the affected country may request assistance through the ERCC. The assistance may also be requested through or by the United Nations and its agencies, or a relevant international organisation. A request for assistance shall lapse after a maximum period of 90 days, unless new elements justifying the need for continued or additional assistance are provided to the ERCC.'

(11)in Article 19, paragraph 1 is replaced by the following:

'1.The financial envelope for the implementation of the Union Mechanism for the period 2014 to 2020 shall be EUR 631 566 000 in current prices.

EUR 480 630 000 in current prices shall derive from Heading 3 "Security and Citizenship" of the multiannual financial framework and EUR 150 936 000 in current prices from Heading 4 "Global Europe".'

(12)the following Article 20a is inserted:

'Article 20a
Visibility

Any assistance or funding provided under this Decision shall give appropriate visibility to the Union, including prominence to the Union emblem for those capacities referred to under Article 11, 12 and 21(2)(c).'

(13)Article 21 is amended as follows:

(a)point (j) of paragraph 1 is replaced by the following:

'(j)establishing, managing and maintaining rescEU in accordance with Article 12;'

(b)paragraph 2 is amended as follows:

(i) point (c) is replaced by the following:

'(c)costs necessary to upgrade or repair response capacities to a state of readiness and availability that makes them deployable as part of the European Civil Protection Pool, in accordance with the quality requirements of the European Civil Protection Pool and, where relevant, recommendations formulated in the certification process ('adaptation costs'). Those costs may include costs related to operability, interoperability of modules and other response capacities, autonomy, self-sufficiency, transportability, packaging, and other necessary costs, provided that they specifically relate to the capacities' participation in the European Civil Protection Pool.

Adaptation costs may cover:

i) 75% of the eligible costs in the event of an upgrade, provided this does not exceed 50 % of the average cost of developing the capacity;

ii) 75% of the eligible costs in the event of a repair.

Response capacities benefitting from funding under points (i) and (ii) shall be made available as part of the European Civil Protection Pool for a minimum period of 5 and 10 years respectively, except where their economic lifespan is shorter.

Adaptation costs may consist of unit costs or lump sums determined per type of capacity.'

(ii) point (d) is deleted.

(c) the following paragraphs are added:

'3.The financial assistance for the action referred to in point (j) of paragraph 1 shall cover all costs required to ensure the availability and deployability of rescEU capacities under the Union Mechanism when deployed in the event of a disaster or imminent disaster within the Union or a Participating State.

The costs referred to in the first subparagraph shall include, as appropriate:

(a)the costs related to acquiring, renting and/or leasing the rescEU capacity;

(b)the costs related to the operation of the rescEU capacity, including transport;

(c)the costs related to procuring the services of public or private entities necessary for operating rescEU capacities.

4.The costs referred to in point (a) of paragraph 3 may consist of unit costs, lump sums or flat rates determined per category or type of capacity, as appropriate.'

(14)Article 23 is amended as follows:

(a) the title is replaced by the following:

'Eligible actions linked to equipment and operations'

(b) paragraphs 2, 3 and 4 are replaced by the following:

'2.    The amount of Union financial assistance for assets committed to the European Civil Protection Pool shall be limited to a maximum of 75% of the costs of operating the capacities, including transport, in the event of a disaster or imminent disaster within the Union or a Participating State.

3.    The Union financial support for transport may cover a maximum of 75 % of the total eligible cost related to the transport of the capacities pre-committed to the European Civil Protection Pool when deployed in the event of a disaster or imminent disaster outside the Union as referred to in Article 16.

4.    The Union financial support for transport resources related to the capacities pre-committed to the European Civil Protection Pool in accordance with Article 11 may, in addition, cover a maximum of 100 % of the total eligible cost described under points (a), (b), (c) and (d) if this is necessary to make the pooling of Member States' assistance operationally effective and if the costs relate to one of the following:

(a)short-term rental of warehousing capacity to temporarily store the assistance from Member States with a view to facilitating their coordinated transport;

(b) transport from the Member State offering the assistance to the Member State facilitating its coordinated transport;

(c)repackaging of Member States' assistance to make maximum use of available transport capacities or to meet specific operational requirements; or

(e)local transport, transit and warehousing of pooled assistance with a view to ensuring a coordinated delivery at the final destination in the requesting country.'

(e) the following paragraph is added:

'8.    Transport costs may consist of unit costs, lump sums or flat rates determined per category of cost.'

(15) in Article 26 , paragraphs 1 and 2 are replaced by the following:

'1.    Actions receiving financial assistance under this Decision shall not receive assistance from other Union financial instruments. By way of derogation, financial assistance granted pursuant to Articles 21, 22 and 23 of this Decision shall not prevent financing from other Union instruments in accordance with the conditions established therein.

The Commission shall ensure that the applicants for financial assistance under this Decision and beneficiaries of such assistance provide it with information about financial assistance received from other sources, including the general budget of the Union, and about on-going applications for such assistance.

2.    Synergies and complementarity shall be sought with other instruments of the Union such as those supporting cohesion, rural development, research, health, as well as migration and security policies. In the case of a response to humanitarian crises in third countries the Commission shall ensure the complementarity and coherence of actions financed under this Decision and actions financed under Regulation (EC) No 1257/96.'

(16)in Article 28, paragraph 3 is replaced by the following:

'3.    International organisations, regional organisations or countries that are part of the European Neighbourhood Policy may cooperate in activities under the Union Mechanism where relevant bilateral or multilateral agreements so allow.'

(17)in Article 32, points (g) and (h) of paragraph 1 are replaced by the following:

'(g)    the establishment, management and maintaining of rescEU, as provided for in Article 12, including criteria for deployment decisions and operating procedures;

(h)    the establishment and organisation of the Union Civil Protection Knowledge Network, as provided for in Article 13;'

Article 2

This Decision is addressed to the Member States.

Done at Brussels,

LEGISLATIVE FINANCIAL STATEMENT

1.FRAMEWORK OF THE PROPOSAL/INITIATIVE

1.1.Title of the proposal/initiative

1.2.Policy area(s) concerned in the ABM/ABB structure

1.3.Nature of the proposal/initiative

1.4.Objective(s)

1.5.Grounds for the proposal/initiative

1.6.Duration and financial impact

1.7.Management mode(s) planned

2.MANAGEMENT MEASURES

2.1.Monitoring and reporting rules

2.2.Management and control system

2.3.Measures to prevent fraud and irregularities

3.ESTIMATED FINANCIAL IMPACT OF THE PROPOSAL/INITIATIVE

3.1.Heading(s) of the multiannual financial framework and expenditure budget line(s) affected

3.2.Estimated impact on expenditure

3.2.1.Summary of estimated impact on expenditure

3.2.2.Estimated impact on operational appropriations

3.2.3.Estimated impact on appropriations of an administrative nature

3.2.4.Compatibility with the current multiannual financial framework

3.2.5.Third-party contributions

3.3.Estimated impact on revenue

LEGISLATIVE FINANCIAL STATEMENT

1.FRAMEWORK OF THE PROPOSAL/INITIATIVE

1.1.Title of the proposal/initiative

1.2.Policy area(s) concerned in the ABM/ABB structure 16  

1.3.Nature of the proposal/initiative

◻ The proposal/initiative relates to a new action 

◻ The proposal/initiative relates to a new action following a pilot project/preparatory action 17  

X The proposal/initiative relates to the extension of an existing action 

◻ The proposal/initiative relates to an action redirected towards a new action 

1.4.Objective(s)

1.4.1.The Commission's multiannual strategic objective(s) targeted by the proposal/initiative

1.4.2.Specific objective(s) and ABM/ABB activity(ies) concerned

1.4.3.Expected result(s) and impact

Specify the effects which the proposal/initiative should have on the beneficiaries/groups targeted.

1.4.4.Indicators of results and impact

Specify the indicators for monitoring implementation of the proposal/initiative.

1.5.Grounds for the proposal/initiative

1.5.1.Requirement(s) to be met in the short or long term

1.5.2.Added value of EU involvement

1.5.3. Lessons learned from similar experiences in the past

1.5.4.Compatibility and possible synergy with other appropriate instruments

1.6.Duration and financial impact

◻ Proposal/initiative of limited duration

◻    Proposal/initiative in effect from [DD/MM]YYYY to [DD/MM]YYYY

◻Financial impact from [DD/MM]YYYY to [DD/MM]YYYY

X Proposal/initiative of unlimited duration

X Implementation with a start-up period from 1/01/2018 to 31/12/2020,

followed by full-scale operation.

1.7.Management mode(s) planned 18  

X Direct management by the Commission

X by its departments, including by its staff in the Union delegations;

◻    by the executive agencies

◻ Shared management with the Member States

X Indirect management by entrusting budget implementation tasks to:

◻ third countries or the bodies they have designated;

X international organisations and their agencies (to be specified);

◻the EIB and the European Investment Fund;

◻ bodies referred to in Articles 208 and 209 of the Financial Regulation;

◻ public law bodies;

◻ bodies governed by private law with a public service mission to the extent that they provide adequate financial guarantees;

◻ bodies governed by the private law of a Member State that are entrusted with the implementation of a public-private partnership and that provide adequate financial guarantees;

◻ persons entrusted with the implementation of specific actions in the CFSP pursuant to Title V of the TEU, and identified in the relevant basic act.

If more than one management mode is indicated, please provide details in the ‘Comments’ section.

Comments

2.MANAGEMENT MEASURES

2.1.Monitoring and reporting rules

Specify frequency and conditions.

2.2.Management and control system

2.2.1.Risk(s) identified

2.2.2.Information concerning the internal control system set up

2.2.3.Estimate of the costs and benefits of the controls and assessment of the expected level of risk of error

2.3.Measures to prevent fraud and irregularities

Specify existing or envisaged prevention and protection measures.

3.ESTIMATED FINANCIAL IMPACT OF THE PROPOSAL/INITIATIVE

3.1.Heading(s) of the multiannual financial framework and expenditure budget line(s) affected

Existing budget lines

In order of multiannual financial framework headings and budget lines.

3.2.Estimated impact on expenditure

3.2.1.Summary of estimated impact on expenditure

EUR million (to three decimal places)

EUR million (to three decimal places)

EUR million (to three decimal places)

EUR million (to three decimal places)

3.2.2.Estimated impact on operational appropriations

◻    The proposal/initiative does not require the use of operational appropriations

◻    The proposal/initiative requires the use of operational appropriations, as explained below:

Commitment appropriations in EUR million (to three decimal places)

3.2.3.Estimated impact on appropriations of an administrative nature

3.2.3.1.Summary

◻    The proposal/initiative does not require the use of appropriations of an administrative nature

X    The proposal/initiative requires the use of appropriations of an administrative nature, as explained below:

EUR million (to three decimal places)

The appropriations required for human resources and other expenditure of an administrative nature will be met by appropriations from the DG that are already assigned to management of the action and/or have been redeployed within the DG, together if necessary with any additional allocation which may be granted to the managing DG under the annual allocation procedure and in the light of budgetary constraints.

3.2.3.2.Estimated requirements of human resources

◻    The proposal/initiative does not require the use of human resources.

X    The proposal/initiative requires the use of human resources, as explained below:*

Estimate to be expressed in full time equivalent units

* These figures might be complemented by additional 15 FTEs to be provided by redeployment from other DGs through a call for interest.

XX is the policy area or budget title concerned.

The human resources required will be met by staff from the DG who are already assigned to management of the action and/or have been redeployed within the DG, together if necessary with any additional allocation which may be granted to the managing DG under the annual allocation procedure and in the light of budgetary constraints.

Description of tasks to be carried out:

3.2.4.Compatibility with the current multiannual financial framework

◻    The proposal/initiative is compatible the current multiannual financial framework.

X    The proposal/initiative will entail reprogramming of the relevant heading in the multiannual financial framework. The following amounts will be redeployed:

–X    The proposal/initiative requires application of the flexibility instrument.

3.2.5.Third-party contributions

The proposal/initiative does not provide for co-financing by third parties.

The proposal/initiative provides for the co-financing estimated below:

Appropriations in EUR million (to three decimal places)

3.3.Estimated impact on revenue

X    The proposal/initiative has no financial impact on revenue.

◻    The proposal/initiative has the following financial impact:

◻    on own resources

◻    on miscellaneous revenue

EUR million (to three decimal places)

For miscellaneous ‘assigned’ revenue, specify the budget expenditure line(s) affected.

Specify the method for calculating the impact on revenue.

(1)    ICF, 'Interim Evaluation of the Union Civil Protection Mechanism. 2014-2016', Final Report, August 2017 (hereafter: Interim Evaluation). The final report of the Interim Evaluation can be found here: https://publications.europa.eu/en/publication-detail/-/publication/eb41bfee-78c3-11e7-b2f2-01aa75ed71a1/language-en/format-PDF

(2)    European Court of Auditors, Special Report (2016), Union Civil Protection Mechanism: the coordination of responses to disasters outside the EU has been broadly effective. Available at: http://www.eca.europa.eu/Lists/ECADocuments/SR16_33/SR_DISASTER_RESPONSE_EN.pdf

(3)    Report from the Commission to the European Parliament and the Council on progress made and gaps remaining in the European Emergency Response Capacity, 17.02.2017.

(4)    See footnote no 2.

(5)    See footnote no 3.

(6)    Staff Working Document, Overview of Natural and Man-made Disaster Risks the European Union may face, 23.05.2017, SWD(2017)176 final.

(7)    Report from the Commission to the European Parliament and the Council on the Interim Evaluation of the Union Civil Protection Mechanism for the period of 2014-2016, 30.08.2017, COM (2017) 460 final.

(8)    The former Yugoslav Republic of Macedonia, Iceland, Montenegro, Norway, Serbia and Turkey.

(9)    Stakeholders that responded include: Civil Protection authorities from 26 Participating States (PS) (online surveys); Civil Protection authorities from 17 PS (interviews); National Training Coordinators from 21 PS (online surveys); 137 experts having participated in the Exchange of Expert Programme and 23 leads of projects funded via the UCPM from 13 PS (online surveys); 14 international partners including UN agencies, OECD, World Bank, Red Cross, etc.(interviews); 15 Directorates-General and services of the EU (interviews).

(10)    The report is available at:  http://ec.europa.eu/echo/EUCPM-consult_en .

(11)

   Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (OJ L 298, 26.10.2012, p. 1).

(12)    Decision No 1313/2013/EU of the European Parliament and of the Council of 17 December 2013 on a Union Civil Protection Mechanism (OJ L 347, 20.12.2013, p. 924).

(13)      Regulation (EU) No 1303/2013 of the European Parliament and of the Council of 17 December 2013 laying down common provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund, the European Agricultural Fund for Rural Development and the European Maritime and Fisheries Fund and laying down general provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund and the European Maritime and Fisheries Fund and repealing Council Regulation (EC) No 1083/2006 (OJ L 347, 20.12.2013, p. 320).

(14)      Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002, (OJ L 298, 26.10.2012, p. 1).

(15)      Decision No 1082/2013/EU of the European Parliament and of the Council of 22 October 2013 on serious cross border threats to health and repealing Decision No 2119/98/EC (OJ L 293, 5.11.2013, p. 1).

(16)    ABM: activity-based management; ABB: activity-based budgeting.

(17)    As referred to in Article 54(2)(a) or (b) of the Financial Regulation.

(18)    Details of management modes and references to the Financial Regulation may be found on the BudgWeb site: http://www.cc.cec/budg/man/budgmanag/budgmanag_en.html

(19)    Diff. = Differentiated appropriations / Non-diff. = Non-differentiated appropriations.

(20)    EFTA: European Free Trade Association.

(21)    Candidate countries and, where applicable, potential candidate countries from the Western Balkans.

(22)    Technical and/or administrative assistance and expenditure in support of the implementation of EU programmes and/or actions (former ‘BA’ lines), indirect research, direct research.

(23)    Technical and/or administrative assistance and expenditure in support of the implementation of EU programmes and/or actions (former ‘BA’ lines), indirect research, direct research.

(24)    Outputs are products and services to be supplied (e.g.: number of student exchanges financed, number of km of roads built, etc.).

(25)    As described in Section 1.4.2. "Specific objective(s)…"

(26)    As described in Section 1.4.2. "Specific objective(s)…"

(27)    Technical and/or administrative assistance and expenditure in support of the implementation of EU programmes and/or actions (former ‘BA’ lines), indirect research, direct research.

(28)    CA= Contract Agent; INT= agency staff ("Intérimaire"); JED= "Jeune Expert en Délégation" (Young Experts in Delegations); LA= Local Agent; SNE= Seconded National Expert;

(29)    Under the ceiling for external personnel from operational appropriations (former "BA" lines).

(30)    Essentially for Structural Funds, European Agricultural Fund for Rural Development (EAFRD) and European Fisheries Fund (EFF).

(31)    As regards traditional own resources (customs duties, sugar levies), the amounts indicated must be net amounts, i.e. gross amounts after deduction of 25 % for collection costs.