10.3.2007   

EN

Official Journal of the European Union

L 71/9

(1)

Under Article 3(1)(u) of the EC Treaty, the activities of the Community are to include measures in the sphere of civil protection.

(2)

To that effect, a Community mechanism to facilitate reinforced cooperation in civil protection assistance interventions (the Mechanism) was established by Decision 2001/792/EC, Euratom (2).

(3)

Council Decision 1999/847/EC of 9 December 1999 establishing a Community action programme in the field of civil protection (3) expired on 31 December 2006.

(4)

It is necessary to establish a civil protection financial instrument (the Instrument) under which financial assistance may be given, both as a contribution to improving the effectiveness of response to major emergencies, in particular in the context of Decision 2001/792/EC, Euratom, and to enhancing preventive and preparedness measures for all kinds of emergencies such as natural and man-made disasters, acts of terrorism including chemical, biological, radiological and nuclear terrorism, and technological, radiological or environmental accidents, including the continuation of measures that were previously taken under Decision 1999/847/EC.

(5)

In order to ensure continuity with Decision 1999/847/EC, this Decision should apply from 1 January 2007.

(6)

The Instrument will ensure the visible expression of European solidarity towards countries affected by major emergencies by facilitating the provision of assistance through mobilisation of Member States' intervention assets.

(7)

The isolated and outermost regions and some other regions or islands of the Community often have special characteristics and needs owing to their geography, terrain, and social and economic circumstances. These have adverse effects, hamper the deployment of assistance and intervention resources making it difficult to deliver aid and means of assistance, and create particular needs for assistance in the event of serious risk of a major emergency.

(8)

This Decision should not affect actions falling under Regulation (EC) No 1717/2006 of the European Parliament and of the Council of 15 November 2006 establishing an Instrument for Stability (4), the public health measures adopted under Community legislation concerning Community action programmes in the field of health, nor the consumer safety measures adopted under Decision No 1926/2006/EC of the European Parliament and of the Council of 18 December 2006 establishing a programme of Community action in the field of consumer policy (2007-2013) (5).

(9)

For reasons of coherence, actions falling under Council Decision 2007/124/EC, Euratom of 12 February 2007 establishing for the period 2007 to 2013, as part of the General Programme on Security and Safeguarding Liberties, the specific Programme ‘Prevention, Preparedness and Consequence Management of Terrorism and other Security related risks’ (6) or relating to the maintenance of law and order and the safeguarding of internal security should not be covered by this Decision.

(10)

This Decision should not apply to activities covered by Council Regulation (EC) No 1257/96 of 20 June 1996 concerning humanitarian aid (7).

(11)

Following the expiry, on 31 December 2006, of Decision No 2850/2000/EC of the European Parliament and of the Council of 20 December 2000 setting up a Community framework for cooperation in the field of accidental or deliberate marine pollution (8) this Decision should cover the response to accidental marine pollution emergencies through the Mechanism. The preparedness and prevention aspects should be covered by other instruments such as Regulation (EC) No 1406/2002 of the European Parliament and of the Council of 27 June 2002 establishing the European Maritime Safety Agency (9).

(12)

To ensure the effective operation of the Instrument, it is appropriate that actions for which financial assistance is granted have the potential to make a practical and timely contribution to prevention of and preparedness for emergencies and to response to major emergencies.

(13)

The Mechanism should be supported by an effective and integrated detection and early warning system that can alert Member States and the Community to disasters or threats of disasters that may affect the territory of the Member States. While decisions on the creation of such systems should be made under other specific instruments, the Instrument should, as the Mechanism is a user, contribute to the creation of such systems by indicating what is needed and by ensuring those systems are both interlinked and connected to the Mechanism. Once these systems are in place, the Mechanism should make full use of them and contribute to their development through all means that are otherwise available under this Decision.

(14)

The Commission should provide appropriate logistical support for the assessment and/or coordination experts it deploys.

(15)

It is the responsibility of the Member States to provide equipment and transport for the civil protection assistance they offer in the framework of the Mechanism. Member States should also provide adequate logistical support for the intervention teams or modules that they deploy.

(16)

The Commission has, however, a role in supporting Member States by facilitating the pooling of Member States' transport and equipment resources. The Commission could also assist the Member States to identify, and facilitate their access to, transport resources that may be available from other sources, including the commercial market. The Commission could assist the Member States to identify the equipment that may be available from other sources.

(17)

The Commission should also be in a position to complement, where necessary, the transport provided by Member States by financing additional transport necessary to ensure the timely delivery and effectiveness of the civil protection response under the Mechanism. Such financing should be subject to certain criteria and to reimbursement of part of the funding received.

(18)

The award of public procurement contracts and grants under the Instrument should be implemented in accordance with Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (10) (the Financial Regulation). Due to the specific nature of action in the field of civil protection, it is appropriate to provide that financial assistance may also be awarded to natural persons. It is also important that the rules of that Regulation have been met, in particular regarding the principles of economy, efficiency and effectiveness laid down therein.

(19)

Participation of third countries in the Instrument should be possible.

(20)

Where the Mechanism is responding to a request for assistance outside the Community as a part of the overall Community humanitarian response, it is of particular importance that there be complementarity and coherence between actions under this Decision and actions financed under Regulation (EC) No 1257/96 and that actions under this Decision be governed by the humanitarian principles established in that Regulation, namely that those actions should, as is the general rule in civil protection, be non discriminatory, independent, impartial and in accordance with the victim's needs and interests.

(21)

Coordination and consistency with the actions of international organisations and agencies should be ensured for interventions in third countries.

(22)

To improve the Commission's ability to follow the implementation of this Decision, it should be possible, on the initiative of the Commission, to finance expenditure related to the monitoring, control, audit and evaluation thereof.

(23)

Appropriate provision should be made to ensure adequate monitoring of the implementation of the actions receiving financial assistance under the Instrument.

(24)

Appropriate measures should also be taken to prevent irregularities and fraud and the necessary steps should be taken to recover funds lost, wrongly paid or incorrectly used in accordance with Council Regulation (EC, Euratom) No 2988/95 of 18 December 1995 on the protection of the Communities financial interests (11), Council Regulation (Euratom, EC) No 2185/96 of 11 November 1996 concerning on-the-spot checks and inspections carried out by the Commission in order to protect the European Communities' financial interests against fraud and other irregularities (12) and Regulation (EC) No 1073/1999 of the European Parliament and of the Council of 25 May 1999 concerning investigations conducted by the European Anti-Fraud Office (OLAF) (13).

(25)

The measures necessary for the implementation of this Decision should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (14), with a distinction being made between those measures which are subject to the management procedure and those which are subject to the regulatory procedure, the latter, in certain cases, given the importance of the measures to be taken, being the most appropriate.

(26)

A financial reference amount, within the meaning of point 38 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (15), is included in this Decision for the entire duration of the Instrument, without thereby affecting the powers of the budgetary authority as they are defined by the EC Treaty. It is understood that this amount should be financed partly from subheading 3B ‘Citizenship’ and partly from subheading 4 ‘The EU as a global partner’ of the financial framework 2007-2013.

(27)

The implementation of this Decision should be evaluated regularly.

(28)

Since the objectives of this Decision cannot be sufficiently achieved by the Member States acting alone and can therefore, by reason of the scale and effects of the actions to be financed under the Instrument, taking into account the benefits in terms of reducing the loss of human life, injuries, environmental, economic and material damage, be better achieved at Community level, the Community may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the EC Treaty. 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.

(29)

The EC Treaty and the Euratom Treaty provide for no powers, other than those under Articles 308 and 203, respectively, for the adoption of this Decision,

(a)

actions in the field of the Community mechanism to facilitate reinforced cooperation in civil protection assistance interventions (the Mechanism);

(b)

measures to prevent or reduce the effects of an emergency; and

(c)

actions designed to enhance the Community's state of preparedness for responses to emergencies, including actions enhancing EU citizens' awareness.

(a)

actions falling under Regulation (EC) No 1717/2006;

(b)

actions and measures falling under Community legislation concerning Community action programmes in the field of health;

(c)

actions and measures falling under Decision No 1926/2006/EC;

(d)

actions falling under Decision 2007/124/EC, Euratom;

(e)

actions falling under Regulation (EC) No 1257/96, without prejudice to Article 4(2)(c) of this Decision;

(f)

actions falling under Regulation (EC) No 1406/2002.

(a)

‘emergency’ means any situation which has or may have an adverse impact on people, the environment or property;

(b)

‘major emergency’ means any situation which has or may have an adverse impact on people, the environment or property and that may result in a call for assistance under the Mechanism;

(c)

‘response’ means any action taken under the Mechanism during or after a major emergency to address its immediate consequences;

(d)

‘preparedness’ means a state of readiness and capability of human and material means enabling them to ensure an effective rapid response to an emergency, obtained as a result of action taken in advance;

(e)

‘prevention’ means any action that supports Member States in preventing risks or reducing harm to people, the environment or property resulting from emergencies;

(f)

‘early warning’ means the timely and effective provision of information that allows action to be taken to avoid or reduce risks and ensure preparedness for an effective response.

(a)

studies, surveys, modelling and scenario building to:

(b)

training, exercises, workshops, exchange of staff and experts, creation of networks, demonstration projects and technology transfer to enhance prevention, preparedness and effective response;

(c)

public information, education and awareness raising and associated dissemination actions, so as to minimise the effects of emergencies on EU citizens and to help EU citizens to protect themselves more effectively;

(d)

maintaining the functions provided by the Monitoring and Information Centre of the Mechanism (MIC) to facilitate a rapid response in the event of a major emergency;

(e)

communication actions and measures to promote the visibility of the Community's response;

(f)

contributing to the development of detection and early warning systems for disasters which may affect the territory of the Member States, to enable a rapid response by the Member States and the Community, as well as to the establishment of such systems through studies and assessments on the need for and feasibility of those systems and through actions to promote their interlinkage and their linkage to the MIC and the CECIS system referred to in point (g). Those systems shall take into account and build upon existing information, monitoring or detection sources;

(g)

establishment and maintenance of a secure common emergency communication and information system (CECIS) and tools to enable communication and sharing of information between the MIC and the contact points of the Member States and of other participants in the context of the Mechanism;

(h)

monitoring, assessment and evaluation activities;

(i)

establishment of a programme of lessons learnt from interventions and exercises in the context of the Mechanism.

(a)

dispatching assessment and coordination experts along with their supporting equipment, in particular communication tools, to facilitate the provision of assistance and cooperation with other actors present;

(b)

supporting Member States in obtaining access to equipment and transport resources by:

(c)

complementing the transport provided by Member States by financing additional transport resources necessary for ensuring a rapid response to major emergencies falling in the scope of Article 1. Such actions shall be eligible for financial assistance under the Instrument only if the following criteria are met:

3.

(a)

no later than 31 December 2008, a first evaluation report on the qualitative and quantitative aspects of the implementation of Article 4(2) points (b) and (c) and (3). This report shall take into account the results of an analysis conducted jointly by the Commission and the Member States, by 31 December 2007, on the transport and equipment needs experienced in major civil protection interventions and the measures taken under this Decision to address these needs;

If it appears necessary in the light of the conclusions of this report:

(b)

no later than 30 June 2010, an interim evaluation report on the results obtained and the qualitative and quantitative aspects of the implementation of this Decision;

(c)

no later than 31 December 2011, a communication on the continuation of this Decision;

(d)

no later than 31 December 2014, an ex post evaluation report.