# EUR-Lex - 52006AP0584 - EN

Important legal notice

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# 52006AP0584

**European Parliament legislative resolution on the proposal for a Council decision establishing the specific programme "Prevention, Preparedness and Consequence Management of Terrorism" for the period 2007-2013 - General Programme "Security and Safeguarding Liberties" (COM(2005)0124 - C6-0241/2005 - 2005/0034(CNS)) **

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Official Journal 317 E , 23/12/2006 P. 0678 - 0688 *

20061223

P6_TA(2006)0584

Prevention, Preparedness and Consequence Management of Terrorism (Programme on Security and Safeguarding Liberties) *

European Parliament legislative resolution on the proposal for a Council decision establishing the specific programme "Prevention, Preparedness and Consequence Management of Terrorism" for the period 2007-2013 — General Programme "Security and Safeguarding Liberties" (COM(2005)0124 — C6-0241/2005 — 2005/0034(CNS))

(Consultation procedure)

The European Parliament,

- having regard to the Commission proposal to the Council (COM(2005)0124) [1],

- having regard to Article 308 of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0241/2005),

- having regard to Rule 51 of its Rules of Procedure,

- having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs and the opinion of the Committee on Budgets (A6-0390/2006);

1. Approves the Commission proposal as amended;

2. Considers that the indicative financial reference amount indicated in the legislative proposal must be compatible with the ceiling of heading 3 A of the new multi-annual Financial Framework and points out that the annual amount will be decided within the annual budgetary procedure in accordance with the provisions of point 38 of the Interinstitutional Agreement between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management of 17 May 2006 [2];

3. Calls on the Commission to alter its proposal accordingly, pursuant to Article 250(2) of the EC Treaty;

4. Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;

5. Asks the Council to consult Parliament again if it intends to amend the Commission proposal substantially;

6. Instructs its President to forward its position to the Council and Commission.

Amendment 1

Title

Proposal for a Council decision establishing the specific programme "Prevention, Preparedness and Consequence Management of Terrorism", for the period 2007-2013

Proposal for a Council decision establishing the specific programme "Prevention of the Risks relating to Security, in particular to Terrorism, and Management of their Consequences", for the period 2007-2013

Amendment 2

Recital 1

(1) Prevention, preparedness and consequence management of terrorism are essential aspects of the objective of maintaining and developing the Union as an area of freedom, security and justice as provided for in Article 2, fourth indent, of the Treaty on European Union.

(1) Prevention of the risks relating to security, in particular to terrorism, and management of their consequences, are essential aspects of the objective of maintaining and developing the Union as an area of freedom, security and justice as provided for in Article 2, fourth indent, of the Treaty on European Union.

Amendment 3

Recital 2

(2) The Community must take the necessary measures to prevent terrorists from attacking the values of democracy, the rule of law, open society and the freedom of our citizens and societies, and to limit the consequences of any attack wherever possible.

(2) The Community must take the necessary measures to prevent natural or man-made disasters (including terrorism), in the case of the former, from impairing the well-being, freedom and security of citizens and societies and, in the case of the latter, from attacking the very values of democracy, the rule of law and open society, as well as to limit the consequences of such disasters wherever possible.

Amendment 4

Recital 6

(6) The Community mechanism to facilitate reinforced cooperation in civil protection assistance interventions, established by Council Decision 2001/792/EC, Euratom of 23 October 2001, addresses immediate response to all major emergencies, but has not been designed specifically for prevention, preparedness and consequence management of terrorist attacks.

Amendment 5

Recital 7

(7) In the interest of efficacy, cost-efficiency and transparency, the specific efforts on prevention, preparedness and consequence management of terrorism should be streamlined and financed by one single programme.

(7) In the interest of efficacy, cost-efficiency and transparency, the specific efforts on prevention of the risks relating to security, in particular to terrorism, and management of their consequences, should be streamlined and financed by one single programme.

Amendment 6

Recital 8

(8) With regard to legal certainty and coherence, and to the complementarity with other financial programmes, the terms "prevention and preparedness measures", "crisis and consequence management" and "critical infrastructure" should be defined.

(8) With regard to legal certainty and coherence, and to the complementarity with other financial programmes, the terms "prevention measures", "consequence management" and "critical infrastructure" should be defined.

Amendment 7

Recital 9

(9) Commission actions, together with transnational projects where appropriate, are essential to achieve an integrated and coordinated EU approach. In addition, it is useful and appropriate to support projects within Member States to the extent that they can provide useful experience and knowledge for further actions at Community level, in particular inspections and risk and threat assessments.

(9) Commission actions and transnational projects are essential to identify and assess without delay the threats to individuals and critical European infrastructure and to achieve an early warning system between the Commission and the Member States and an integrated and coordinated approach to responses at EU level. In addition, it is useful and appropriate to support projects within Member States to the extent that they can provide useful experience and knowledge applicable to further actions at Community level, in particular inspections and risk and threat assessments.

Amendment 8

Recital 10

(10) It is also appropriate to provide for third countries and international organisations to participate in transnational projects.

(10) Given that terrorism has no borders, it is also appropriate to provide for third countries and international organisations to participate in transnational projects

Amendment 9

Recital 11

(11) Complementarity needs to be ensured with other Community and Union programmes such as the EU Solidarity Fund and the Response and Preparedness Instrument for major emergencies, the Community mechanism to facilitate reinforced cooperation in civil protection assistance interventions, the Research & Development Framework Programme and the structural funds.

(11) Complementarity needs to be ensured with other Community and Union programmes such as the EU Solidarity Fund and the Response and Preparedness Instrument for major emergencies, the Community mechanism to facilitate reinforced cooperation in civil protection assistance interventions, the Research & Development Framework Programme and the structural funds. Joint funding should also be expressly authorised with Commission programmes which allow specific studies to be carried out on the security of individuals and of critical infrastructure, in particular in the fields of transport and energy, with the aim of eventually bringing all funding resources together in a single instrument serving a clearly established global strategy.

Amendment 10

Recital 12

(12) Since the objectives of this programme cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale or impact of the initiative, be better achieved at the Community level, the Community may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty establishing the European Community. In accordance with the principle of proportionality, as set out in that Article, this Decision does not go beyond what is necessary to achieve those objectives.

(12) Since the objectives of this programme cannot be sufficiently achieved by the Member States and may therefore, by reason of the scale or impact of the initiative, require in this case an intervention at the Community level, the Community may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty establishing the European Community. In accordance with the principle of proportionality, as set out in that Article, this Decision does not go beyond what is necessary to achieve those objectives.

Amendment 11

Recital 16

(16) In accordance with Article 2 of Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission, measures for the implementation of this Decision should be adopted by use of the advisory procedure provided for in Article 3 of that Decision. This is appropriate since the programme does not have a significant impact on the Community budget.

(16) In accordance with Article 2 of Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission, measures for the implementation of this Decision should be adopted by use of the regulatory procedure provided for in Article 5 of that Decision.

Amendment 12

Article 1, paragraph 1

Amendment 13

Article 2, point a

(a) "prevention and preparedness" refers to measures aiming to prevent and/or reduce the risk of a terrorist attack and/or its consequences, particularly through risk and threat assessments, inspections and development of common standards on technology and methodology;

(a) "prevention" refers to measures aiming to prevent and/or reduce the risk of terrorist attacks and other security risks and to identify threats to individuals and critical infrastructure, particularly through risk and threat assessments, inspections and development of common standards on technology and methodology;

Amendment 14

Article 2, point b

(b) "consequence management" refers to measures limiting the mid-term consequences of terrorist attacks which are necessary to safeguard the European Union as an area of Freedom, Security and Justice;

(b) "consequence management" refers to the coordination of measures, limited to the actions eligible pursuant to Article 5(2), in order to respond to security incidents, particularly terrorism, and to limit their consequences, these measures being necessary to safeguard the European Union as an area of Freedom, Security and Justice, in particular through the establishment of a centralised early warning system and effective coordination at Community level of responses to such situations;

Amendment 15

Article 2, point c

(c) "critical infrastructure" refers to physical resources, services, communication facilities, networks and/or assets the disruption or destruction of which would have a serious impact on the health, safety, security or economic well-being of citizens or of the effective functioning of the European Union or its Member States' governments.

(c) "critical infrastructure" refers to physical resources, services, communication facilities, networks and/or assets the disruption or destruction of which would have a serious impact on the health, safety, security or economic well-being of citizens, on the environment or on the effective functioning of the European Union or its Member States' governments, a non-exhaustive list of which appears in the annex to this decision.

Amendment 16

Article 3, paragraph 1

1. This programme shall contribute to protect citizens, their liberties and society against terrorist attacks and related incidents, and to safeguard the European Union as an area of Freedom, Security and Justice.

1. This programme shall contribute to protect citizens, their liberties and society against terrorist attacks and other security risks, irrespective of their cause or origin, as well as related incidents, and to safeguard the European Union as an area of Freedom, Security and Justice.

Amendment 17

Article 3, paragraph 2

2. The general objectives of the programme contribute to the development of other Union and Community policies such as police and judicial cooperation in criminal matters, protection of the environment, public health, transport, research and technological development and economic and social cohesion.

2. The general objectives of the programme contribute to the development of a comprehensive concept of security based, in particular, on other Union and Community policies such as police and judicial cooperation in criminal matters, protection of the environment, energy supply, security of communication and information networks, public health, transport, research and technological development, continuity of public action and economic and social cohesion.

Amendment 18

Article 4, paragraph 1

1. Within the general objectives, and unless covered by other specific legal instruments, the programme shall stimulate, promote and develop measures on prevention, preparedness and consequence management.

1. Within the general objectives, and unless covered by other specific legal instruments, the programme shall stimulate, promote and develop measures on prevention of risks relating to security, in particular terrorism, and management of their consequences.

Amendment 19

Article 4, paragraph 2, introductory phrase

2. With regard to prevention and preparedness to terrorist attacks, the programme aims at

2. With regard to prevention of terrorist attacks, the programme aims at

Amendments 20 and 21

Article 4, paragraph 2, point a

(a) stimulating, promoting, and supporting risk and threat assessments on critical infrastructure, including evaluations on site, to identify possible targets of terrorist attacks and possible needs for upgrading their security,

(a) stimulating, promoting, and supporting risk and threat assessments on individuals and critical infrastructure, in particular by means of evaluations on site, to identify possible targets and possible needs for upgrading their security,

Amendment 22

Article 4, paragraph 3, introductory phrase

3. With regard to consequence management in case of terrorist attacks, the programme aims at

3. With regard to the management of consequences, particularly those of terrorist attacks, the programme aims at

Amendment 23

Article 4, paragraph 3, point a

(a) stimulating, promoting and supporting exchange of know-how, experience and technology on the potential consequences of terrorist attacks,

(a) stimulating, promoting and supporting exchange of know-how, experience and technology on the potential consequences of terrorist attacks and other security risks,

Amendment 24

Article 4, paragraph 3, point c

(c) ensuring real-time input of specific expertise on terrorism matters within overall crisis management, rapid alert and civil protection mechanisms.

(c) ensuring real-time input of specific expertise on matters including terrorism within overall crisis management, rapid alert and civil protection mechanisms.

Amendment 25

Article 5, paragraph 1, point c, indent 4

- contribute otherwise considerably to protecting the Union and its citizens from terrorist attacks.

- contribute otherwise considerably to protecting the Union and its citizens from terrorist attacks and other security risks; measures undertaken in partnership with the Member States concerned, relating to critical national infrastructure, so as to eliminate or reduce the risks of exploitation of their security shortcomings, particularly if these could have serious cross-border repercussions, shall therefore be eligible.

Amendment 26

Article 5, paragraph 2 a (new)

2a. Member States shall remain responsible for the adoption, implementation and financing of operational security measures identified by this programme as being necessary for the improvement of general security in the European Union.

Amendment 27

Article 7, paragraph 2 a (new)

2a. Access to funding shall be facilitated by the application of the principle of proportionality as regards the documents to be supplied and by the creation of a database for the submission of applications.

Amendment 28

Article 7 a (new)

Article 7a

Acknowledgement of funding

All institutions, associations or networks in receipt of a grant under this programme have the obligation to acknowledge the support granted by the European Union. To this end the Commission shall lay down detailed visibility guidelines.

Amendment 29

Article 8, paragraph 4, point -a (new)

(-a) priority to be given to prevention of terrorist attacks, in the absence of major disasters;

Amendment 30

Article 8, paragraph 4 a (new)

4a. The Commission shall, as far as possible, simplify procedures and ensure that calls for proposals provided for in this programme do not entail a bureaucratic burden for promoters of the projects proposed. Calls for proposals may be organised in two stages, the first of which would only require information that was strictly necessary for a proper assessment of the project to be sent.

Amendment 31

Article 9, paragraph 2

2. Where reference is made to this paragraph, Articles 3 and 7 of Decision 1999/468/EC shall apply.

2. Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply.

Amendment 32

Article 10, paragraph 1

1. Synergies, consistency and complementarity will be sought with other Union and Community instruments, inter alia with the programmes Prevention of and Fight against Crime and Criminal Justice as well as with the Framework Programmes on Research ad technological Development, the European Union Solidarity Fund and the Response and Preparedness Instrument for major emergencies.

1. Synergies, consistency and complementarity will be sought with other Union and Community instruments, inter alia with the programmes Prevention of and Fight against Crime and Criminal Justice as well as with the Framework Programmes on Research ad technological Development, the European Union Solidarity Fund and the Response and Preparedness Instrument for major emergencies. The Commission shall ensure that the actions undertaken under these programmes do not overlap.

Amendment 33

Article 10, paragraph 2

2. The programme may share resources with other Community and Union instruments, in particular the programme "Prevention of and Fight against Crime", in order to implement actions meeting the objectives of both the programme and other Community/Union instruments.

2. The programme may share resources with other Community and Union instruments, in particular the programme "Prevention of and Fight against Crime", in order to implement actions meeting the objectives of both the programme and other Community/Union instruments and with Commission programmes allowing specific studies relating to critical infrastructure security to be carried out, such as those already in progress in the fields of transport and energy.

Amendment 34

Article 10, paragraph 2 a (new)

2a. The Commission shall ensure that the actions covered by this Decision are complementary to those covered by the programmes mentioned in paragraph 1 and that they do not overlap.

Amendment 35

Article 10, paragraph 3 a (new)

3a. Should the programme's resources prove insufficient for the implementation of measures already in progress, the Community shall guarantee access to other compatible funds.

Amendment 36

Article 12, paragraph 1 a (new)

Amendment 37

Article 14, paragraph 2 a (new)

2a. The Commission shall inform the European Parliament and the Council annually, at the same time as it submits the Preliminary Draft Budget, on the implementation of the programme, in particular the use of the resources available.

Amendments 38 and 39

Article 14, paragraph 3

3. The Commission shall submit to the European Parliament and the Council:

(a) an interim evaluation report on the results obtained and the qualitative and quantitative aspects of the implementation of this programme no later than 31 March 2010;

(b) a Communication on the continuation of this programme no later than 31 December 2010;

(c) an ex post evaluation report no later than 31 March 2015.

3. The Commission shall submit to the European Parliament and the Council:

(-a) a succinct yearly report, including, in particular, information making it possible to measure the programme's success in quantitative terms.

(a) a detailed interim evaluation report on the results obtained and the qualitative and quantitative aspects of the implementation of this programme no later than 31 March 2010;

(b) a Communication on the continuation of this programme, especially regarding its objectives, no later than 31 December 2010;

(c) an ex post evaluation report, presenting the results achieved by the programme, including a budgetary evaluation, on completion of its implementation but no later than 31 March 2015.

Amendment 40

Article 14 a (new)

Article 14a

Publication of projects

Each year, the Commission, together with the Member States, shall publish a list of the projects financed under this programme with a short description of each project.

Amendment 41

Article 14 b (new)

Article 14b

Equal treatment

Organisations in receipt of an operating grant by virtue of this programme may take part in calls for proposals for other programmes, without however being entitled to preferential treatment vis-à-vis other organisations financed from budgets other than that of the European Union.

Amendment 42

Annex (new)

ANNEX

INDICATIVE LIST OF CRITICAL INFRASTRUCTURE SECTORS:

1) Energy

a. Oil and gas production, refining, treatment and storage, including pipelines

b. Electricity generation

c. Transmission of electricity, gas and oil

d. Distribution of electricity, gas and oil

2) Information, Communication Technologies, ICT

a. Information system and network protection

b. Instrumentation automation and control systems (SCADA etc.)

c. Internet

d. Provision of fixed telecommunications

e. Provision of mobile telecommunications

f. Radio communication and navigation

g. Satellite communication

h. Broadcasting

3) Water

a. Provision of drinking water

b. Control of water quality

c. Stemming and control of water quantity

4) Food

Provision of food and safeguarding food safety and security

5) Health

a. Medical and hospital care

b. Medicines, serums, vaccines and pharmaceuticals

c. Bio-laboratories and bio-agents

6) Financial

a. Payment services/payment structures (private)

b. Government financial assignment

7) Public & Legal Order and Safety

a. Maintaining public & legal order, safety and security

b. Administration of justice and detention

8) Civil administration

a. Government functions

b. Armed forces

c. Civil administration services

d. Emergency services

e. Exposal and courier services

9) Transport

a. Road transport

b. Rail transport

c. Air traffic

d. Inland waterways transport

e. Ocean and short-sea shipping

10) Chemical and nuclear industry

a. Production and storage/processing of chemical and nuclear substances

b. Pipelines of dangerous goods (chemical substances)

11) Space and Research

a. Space

b. Research

[1] Not yet published in OJ.

[2] OJ C 139, 14.6.2006, p. 1.

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