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Document 52026PC0401
Recommendation for a COUNCIL DECISION authorising the European Commission to participate, on behalf of the European Union, in the negotiations within the United Nations Organisation for an international agreement on the protection of persons in the event of disasters
Recommendation for a COUNCIL DECISION authorising the European Commission to participate, on behalf of the European Union, in the negotiations within the United Nations Organisation for an international agreement on the protection of persons in the event of disasters
Recommendation for a COUNCIL DECISION authorising the European Commission to participate, on behalf of the European Union, in the negotiations within the United Nations Organisation for an international agreement on the protection of persons in the event of disasters
COM/2026/401 final
EUROPEAN COMMISSION
Brussels, 28.7.2026
COM(2026) 401 final
Recommendation for a
COUNCIL DECISION
authorising the European Commission to participate, on behalf of the European Union, in the negotiations within the United Nations Organisation for an international agreement on the protection of persons in the event of disasters
EXPLANATORY MEMORANDUM
With this recommendation, the Commission is requesting the authorisation from the Council to participate in the negotiations of a multilateral agreement on the protection of persons in the event of disasters, on behalf of the European Union (EU), within the framework of the United Nations Organisation.
1.CONTEXT OF THE PROPOSAL
•Reasons for and objectives of the proposal
In 2016, the United Nations’ (UN) International Law Commission (ILC) adopted the Draft Articles on the Protection of Persons in the Event of Disasters (Draft Articles). 1 In December 2024, the UN General Assembly (UNGA) adopted Resolution 79/128 in which it decided to elaborate and conclude a multilateral convention on the protection of persons in the event of disasters before the end of 2027 2 , given that there is currently no comprehensive international legal instrument on this matter.
The EU has contributed actively to the ILC during its work on the Draft Articles since 2011 and welcomed the adoption of the Draft Articles in 2016 as well as the UNGA Resolution 79/128, which expressed the need for a comprehensive global legal regime to better address the protection of persons in the event of disasters, and noted the feasibility of developing an international convention in this respect.
Following the UN Secretary-General’s invitation, the EU submitted a proposal for amendments to the ILC’s Draft Articles in December 2025 3 . Besides the EU, twenty-six States, including 8 EU Member States 4 , made proposals for amending the Draft Articles.
These proposals were compiled by the UN in a consolidated text following the resumed session of the UNGA’s Sixth Committee from 6 to 10 April 2026 in New York. The consolidated text will serve as a basis for formal negotiations scheduled to take place for three weeks from 25 January to 12 February 2027 in Manila, and, if necessary, for a further two weeks in August 2027 5 .
It would be in the interest of the EU to formally participate in the negotiations of the convention to ensure consistency with existing EU legal framework in the fields of Civil Protection and Humanitarian Aid. Therefore, the Commission recommends that the Council adopts a decision to this effect and designates the Commission as the EU’s negotiator under Article 218(3) of the Treaty on the Functioning of the European Union (TFEU).
•Consistency with existing policy provisions in the policy area
The EU’s participation in the negotiations of the future multilateral agreement is consistent with its competences in the field of civil protection and humanitarian aid.
Pursuant to Article 196 TFEU, the EU supports Member States' action in prevention, preparedness and disaster response within the Union, and promotes consistency in international civil protection work. It has exercised this competence with the adoption of Decision 1313/2013/EU on a Union Civil Protection Mechanism (UCPM) 6 . Any country in the world may activate the UCPM to request assistance needed to cope with the effects of a disaster. Concerning humanitarian aid, Article 214 TFEU enables the EU to assist people in need in countries and regions confronting natural or man-made disasters. The EU's action in the field of humanitarian aid is governed by Council Regulation (EC) No 1257/96 7 (Humanitarian Aid Regulation). Based on this Regulation, the Joint Communication of 27 May 2026 8 sets out a strategy to make European humanitarian aid more effective and more resilient.
In line with its guiding principles of respect for democracy, the rule of law, human rights, the rules and principles of the United Nations Charter and international law, the EU welcomed the ILC’s Draft Articles adopted in 2016 as an important contribution to international disaster law 9 .
More specifically, the EU views an international convention on the protection of persons in the event of disasters as having the potential to complement the EU’s existing mechanisms and activities in the fields of civil protection and humanitarian aid. In this respect, the EU’s participation in the formal negotiations is necessary to ensure the future instrument’s text is consistent with existing EU legislation, notably Decision 1313/2013/EU on the UCPM and the Humanitarian Aid Regulation 1257/96 and to inform the Council’s future decision on whether the Union should ultimately accede to it. In particular, the Draft Articles of the ILC aim to add a duty to cooperate amongst States and between States and other assisting actors to assist people in need and lay down obligations for States affected by a disaster as well as for assisting actors. The future convention would therefore interact with Decision 1313/2013/EU on the UCPM which sets a framework for cooperation between Member States to prevent, prepare for, and respond to disasters. The rules of the future convention would also interact with the manner in which the EU provides humanitarian assistance to third countries under Regulation 1257/96. Against this backdrop, it is important to seek, through the participation to the negotiations, alignment between these long-standing disaster management instruments and the rules of the future convention.
•Consistency with other Union policies
While the negotiations of a convention on the protection of persons in the event of disasters concern mainly civil protection and humanitarian aid, other EU policies providing funding for disaster resilience and response may also be affected by the future instrument. The negotiations may be of relevance for the following funding programmes and their successors 10 : the Global Europe Instrument 11 , the Cohesion Policy 12 under which national disaster risk prevention and management activities may be funded, the LIFE Programme 13 , Horizon Europe 14 , the Digital Europe Programme 15 , the European Agricultural Fund for Rural Development 16 and the European Maritime, Fisheries and Aquaculture Fund 17 .
2.LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY
•Substantive legal basis
Articles 196 and 214 TFEU form the substantive legal bases for this recommendation, as the envisaged provisions of the future convention concern both civil protection and humanitarian aid. Article 196 TFEU provides a legal basis for the EU to act in the field of civil protection. More concretely, it enables the EU, acting in accordance with the ordinary legislative procedure, to establish the measures to help encourage cooperation between Member States to improve the effectiveness of systems for preventing and protecting against natural or man-made disasters. With respect to humanitarian aid, Article 214(4) TFEU enables the EU to provide ad hoc assistance, relief and protection for people in third countries who are victims of natural or man-made disasters, in order to meet the humanitarian needs, and to conclude with third countries and competent international organisations any agreement to help assist people in need.
•Procedural legal basis
Article 218(3) TFEU provides that, where the agreement envisaged does not relate exclusively or principally to the common foreign and security policy, the Commission shall submit recommendations to the Council. The Council shall adopt a decision authorising the opening of the negotiations and nominating the EU negotiator or the head of the EU’s negotiating team.
Article 218(4) TFEU provides that the Council may address negotiating directives to the negotiator and designate a special committee to be consulted by the negotiator.
The Commission recommends that the Union participate in the negotiations of an international agreement under the auspices of the United Nations on the protection of persons in the event of disasters. The Commission is to be nominated as negotiator.
The procedural legal basis for the proposed decision to authorise opening of negotiations of the envisaged agreement is Article 218(3) and (4) TFEU.
•Choice of the negotiator
Given that the agreement envisaged exclusively covers matters other than the common foreign and security policy, the Commission should be nominated as the negotiator pursuant to Article 218(3) TFEU.
•Union competence
An international convention on the protection of persons in the event of disasters based on the text of the ILC’s Draft Articles would fall within the EU’s competences in the field of civil protection and humanitarian aid. 18 Article 6(f) TFEU explicitly classifies ‘civil protection’ as a supporting, coordinating or complementary competence of the EU. In practice, the EU has established the UCPM, a coordination mechanism intended to support Member States’ civil protection actions. Regarding humanitarian aid, Article 4(4) TFEU provides that the EU has a parallel competence in humanitarian aid, meaning that the EU competence in the area of humanitarian aid does not prevent Member States to continue exercising their competence in that area (Article 4(4) TFEU).
•Subsidiarity (for non-exclusive competence)
Natural and human-induced disasters frequently have deleterious cross-border effects, disrupt the functioning of the society and internal market and require coordinated civil protection responses, as well as European-level humanitarian aid to assist people in need in third countries. As provided for in the Treaties, the EU is active in civil protection and humanitarian aid. Regarding the former, it has established common frameworks for cooperation and operational coordination among Member States and Participating States through the Union Civil Protection Mechanism. A convention intended to delineate rules on international cooperation and assistance in response to disasters would directly interact with existing EU legislation and policies on civil protection and humanitarian aid.
The EU’s participation will ensure a consistent international and European legal framework for disaster response to avoid undermining the coherence and uniform application of existing EU measures. Importantly, the Commission’s participation in negotiations would bolster the EU’s collective ability to shape the convention’s text in a manner consistent with EU principles and legislation. Lastly, formal participation in the negotiations would enable the EU to share good practices and lessons learned from its unique experience as a regional integration organisation with one of the most developed civil protection cooperation frameworks, as well as its position of one of the leading humanitarian donors. Therefore, the EU’s formal participation in the negotiations of an international convention on the protection of persons in the event of disasters would be more effective than action exclusively at the national level.
•Proportionality
The Commission’s participation in the formal negotiations of an international convention on the protection of persons in the event of disasters is the most suitable means of advancing the principles of international cooperation, humanitarian aid, respect of human rights and the principle of solidarity, which the EU seeks to promote within and outside the Union. The participation would also ensure a uniform EU position and safeguard the future convention’s consistency with EU acquis in civil protection and humanitarian aid.
•Choice of the instrument
This recommendation for a Council decision is submitted in accordance with Article 218(3) and (4) TFEU, which envisages the adoption by the Council of a decision authorising the Union’s participation in the negotiations and nominating the Union negotiator. The Council may also address negotiating directives to the negotiator. There exists no other legal instrument that could be used in order to achieve the objective expressed in this recommendation.
3.RESULTS OF EX-POST EVALUATIONS, STAKEHOLDER CONSULTATIONS AND IMPACT ASSESSMENTS
•Ex-post evaluations/fitness checks of existing legislation
Not applicable.
•Stakeholder consultations
Not applicable.
•Collection and use of expertise
Not applicable.
•Impact assessment
Not applicable.
•Regulatory fitness and simplification
Not applicable.
•Fundamental rights
The objective of the international convention is to promote international cooperation in order to protect persons in the event of disasters, while addressing their needs and protecting their fundamental rights, as recognised in the Treaties and under the Charter of the United Nations.
4.BUDGETARY IMPLICATIONS
Not applicable. The decision does not have any budgetary implication. Any increase of the workload will need to be addressed by reallocation and redeployment within the services. Any financing should come from redeployments within the existing budgetary envelopes of the current programmes.
5.OTHER ELEMENTS
•Implementation plans and monitoring, evaluation and reporting arrangements
Not applicable.
•Explanatory documents (for directives)
Not applicable.
•Detailed explanation of the specific provisions of the proposal
Not applicable.
Recommendation for a
COUNCIL DECISION
authorising the European Commission to participate, on behalf of the European Union, in the negotiations within the United Nations Organisation for an international agreement on the protection of persons in the event of disasters
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 196 and Article 214(4), in conjunction with Article 218(3) and (4) thereof,
Having regard to the recommendation from the Commission,
Whereas:
(1)In December 2024, the United Nations General Assembly resolved to elaborate and conclude, before the end of 2027, a multilateral agreement on the protection of persons in the event of disasters based on the Draft Articles adopted by the International Law Commission in 2016.
(2)The Draft Articles touch upon civil protection and humanitarian aid, two fields in which the Treaty on the Functioning of the European Union (TFEU) confers competencies to the Union.
(3)Given that there is currently no comprehensive international legal instrument on this matter, the objective of the international agreement is to promote international cooperation in order to protect persons in the event of disasters, while addressing their needs and protecting their fundamental rights, as recognised in the Treaties and under the Charter of the United Nations.
(4)Since 2011, the Union has actively contributed its views to the International Law Commission during the elaboration of the Draft Articles on the Protection of Persons in the Event of Disasters and welcomed their adoption.
(5)The Union should take part in the negotiations for an international agreement on the protection of persons in the event of disasters,
HAS ADOPTED THIS DECISION:
Article 1
Participation in the negotiations of an international agreement under the auspices of the United Nations on the protection of persons in the event of disasters is hereby authorised.
Article 2
The Commission is hereby nominated as the European Union negotiator.
Article 3
The negotiating directives set out in the addendum to this decision are hereby addressed to the Commission.
Article 4
The negotiations shall be conducted in consultation with the Council Working Party on Public International Law (COJUR) which is hereby designated as the special committee provided for in Article 218(4) TFEU.
Article 5
This Decision is addressed to the Commission.
Done at Brussels,
For the Council
The President
EUROPEAN COMMISSION
Brussels, 28.7.2026
COM(2026) 401 final
ANNEX
to the
Recommendation for a Council Decision
authorising the European Commission to participate, on behalf of the European Union, in the negotiations within the United Nations Organisation for an international agreement on the protection of persons in the event of disasters
ADDENDUM
Directives for the negotiation of an international agreement on The protection of persons in the event of disasters
Regarding the process of the negotiations, the EU should aim to achieve that the negotiation process is open, inclusive and transparent, and based on cooperation in good faith.
Regarding the general objectives for the negotiations, the EU should aim to achieve that:
(1) Whilst promoting human rights, international law and the rules and principles enshrined in the United Nations Charter, the Convention lays down the principles for effective international cooperation in disaster management, in particular when a disaster manifestly exceeds a State’s capacities.
(2) The Convention is in line with the principles of the Sendai Framework for Disaster Risk Reduction 2015–2030 1 and the main findings of the Mid-term Review of the Sendai Framework 2 are taken into full consideration.
(3) The provisions of the Convention are compatible with the EU’s legal framework in the field of humanitarian aid, namely Council Regulation (EC) No 1257/962 adopted on the basis of Article 214 of the Treaty on the Functioning of the European Union (TFEU), and with the legal framework governing the EU’s support to Member States' action in the field of civil protection pursuant to Article 196 TFEU as well as the secondary legislation adopted on that basis, Decision 1313/2013/EU on a Union Civil Protection Mechanism. The provisions are also compatible with the principles of the Joint Communication of the Commission and the High Representative of the Union for Foreign Affairs and Security Policy of 27 May 2026 3 .
(4) The provisions of the Convention are compatible with the EU’s and its Member States’ international obligations.
(5) The provisions of the Convention strike an appropriate balance between protecting the affected people by respecting their rights and addressing their essential needs on the one side and fully respecting the principle of territorial sovereignty of States on the other side, which entails the primary responsibility of affected States to provide disaster relief.
(6) The Convention upholds the humanitarian principles of neutrality, impartiality, humanity and independence, which must be promoted and fully respected also in the context of disaster relief, as enshrined in the European Consensus on Humanitarian Aid 4 .
(7) The text of the Convention specifies that in cases of armed conflict, rules on the same issues, should, to the extent possible, be interpreted so as to give rise to a single set of compatible obligations. Where there are irreconcilable contradictions, international humanitarian law takes precedence as lex specialis and nothing in the Convention can be read or interpreted as affecting international humanitarian law. At the same time, the application of the Convention is not excluded a priori, notably taking into account cases of complex emergencies where a disaster occurs in an area where there is an armed conflict.
Regarding the substance of the negotiations, the EU should aim to achieve that:
(8) The scope of the Convention covers all phases of disaster management, which includes prevention, preparedness and response, and promotes international cooperation on disaster management, in particular with regard to disasters that have major transboundary effects or exceed the national response capacities of a State.
(9) The provisions of the Convention fully acknowledge the importance of addressing the affected people’s essential needs while respecting their fundamental rights, striking a balance between these two complementary approaches.
(10) The Convention provides for definitions of disasters allowing to address the adverse consequences of an event on the affected persons, regardless of the origin of the disaster. The definition avoids any unclear or exceedingly high threshold for the application of the Convention’s provisions and includes damage to cultural property amongst the potential adverse consequences of a disaster.
(11) The provisions of the Convention are fully in line with the Oslo Guidelines on The Use of Foreign Military and Civil Defence Assets In Disaster Relief 5 , acknowledging that these assets may be used only where there is no comparable civilian alternative and only the use of military assets can meet a critical humanitarian need.
(12) The definition of assisting actors includes a reference to regional integration organisations, thereby acknowledging the role of organisations like the EU in providing support to disaster management.
(13) The definition of external assistance is broad and includes expertise.
(14) The Convention explicitly mentions that the four humanitarian principles of neutrality, impartiality, humanity and independence must be respected in disaster response. The instrument’s overarching objective is the protection of the affected people whose rights must be respected, and essential needs must be addressed, taking into account the specific situation of people disproportionately affected by a disaster, including those experiencing multiple and intersecting forms of discrimination, and paying particular attention to the rights and needs of women, children, older people and persons with disabilities.
(15) The Convention establishes a duty for States to cooperate among themselves, and with relevant international governmental and non-governmental organisations in all phases of disaster management, including disaster risk reduction, in order to adequately respond to the increasing number, complexity and intensity of disasters. Affected States have a duty to seek external assistance when a disaster manifestly exceeds their capacities. The Convention also mentions a broad and non-exhaustive list of forms of cooperation.
(16) The Convention enshrines a duty of States to reduce the risks of disasters by appropriate means.
(17) The provisions of the Convention clearly mention the obligation of the affected State to protect the affected persons and provide assistance, which entail the duty to ensure that the provision of assistance is timely and effective, and to enable access of external assistance to the people in need. While the affected State has the right to place conditions on the provision of external assistance, taking into account the rights and needs of the affected people, the provisions clearly specify that the affected State shall not arbitrarily withhold its consent to offers of external assistance. The provisions also specify that the affected State has to facilitate the provision of assistance and to protect relief personnel, equipment and goods for disaster relief.
(18) The Convention contains minimum procedural rules for effective international cooperation ensuring a smooth phasing out of external assistance.
Regarding the functioning of the Convention, the EU should aim to achieve that:
(19) The Convention preserves existing global and regional instruments and ongoing international cooperation in disaster relief. In particular, the EU Member States, in their mutual relations, are able to continue applying the rules of the EU.
(20) The Convention provides for a light and appropriate mechanism to ensure its implementation and provide for final provisions, including signature, ratification, acceptance, approval and accession, entry into force, amendment, suspension, denunciation and depositary and languages.
(21) The Convention ensures effective participation and cooperation amongst all relevant stakeholders, including non-governmental organisations and other civil society organisations, in order to support its implementation.
(22) The Convention allows for the EU to become a party to it and to participate in the dispute settlement mechanism.
Overall, the procedure for negotiation shall be as follows:
(23) The Commission should endeavour to ensure that the Convention is consistent with relevant EU legislation and policies, as well as the EU’s commitments under other relevant multilateral agreements.
(24) The Commission should conduct negotiations on behalf of the EU, for matters falling within its competence, in accordance with the Treaties.
(25) The negotiations, including each negotiation round, must be prepared in advance. To this end, the Commission shall inform the Council of the schedule anticipated and the issues to be negotiated and shall share the relevant information as early as possible.
(26) In accordance with the principle of sincere cooperation, the Commission and the Member States should cooperate closely during the negotiation process, including through regular contacts with the Member States’ experts and representatives in New York.
(27) To the extent possible, the negotiating sessions shall be preceded by a meeting of the Working Party on Public International Law in order to identify the key issues, formulate opinions and provide guidance, including formulating declarations and reservations, as appropriate.
(28) The Commission shall report to the Working Party on Public International Law on the outcome of the negotiations after each negotiating session, including in writing.
(29) The Commission shall inform the Council and consult the Working Party on Public International Law on any important issue that may arise during the negotiations.