# EUR-Lex - 52006AP0075 - EN

Important legal notice

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# 52006AP0075

**European Parliament legislative resolution on the proposal for a Council regulation establishing a Rapid Response and Preparedness Instrument for major emergencies (COM(2005)0113 - C6-0181/2005 - 2005/0052(CNS)) **

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Official Journal 291 E , 30/11/2006 P. 0104 - 0118 *

P6_TA(2006)0075

Rapid response and preparedness instrument for major emergencies *

European Parliament legislative resolution on the proposal for a Council regulation establishing a Rapid Response and Preparedness Instrument for major emergencies (COM(2005)0113 — C6-0181/2005 — 2005/0052(CNS))

(Consultation procedure)

The European Parliament,

- having regard to the Commission proposal to the Council (COM(2005)0113) [1],

- having regard to Article 308 of the EC Treaty and Article 203 of the Euratom Treaty, pursuant to which the Council consulted Parliament (C6-0181/2005),

- having regard to the opinion of the Committee on Legal Affairs on the proposed legal basis,

- having regard to Rules 51 and 35 of its Rules of Procedure,

- having regard to the report of the Committee on the Environment, Public Health and Food Safety and the opinions of the Committee on Budgets and the Committee on Civil Liberties, Justice and Home Affairs (A6-0027/2006),

1. Approves the Commission proposal as amended;

2. Specifies that the appropriations indicated in the proposal for a regulation are purely for guidance until agreement is reached on the financial perspective for the period 2007 and the following years;

3. Calls on the Commission to confirm, once the next financial perspective has been adopted, the amounts indicated in the proposal for regulation or, should the case arise, to submit the adjusted amounts for approval by the European Parliament and the Council, thereby ensuring their compatibility with the ceiling;

4. Calls on the Commission to alter its proposal accordingly, pursuant to Article 250(2) of the EC Treaty and pursuant to Article 119, second paragraph, of the Euratom Treaty;

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

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

7. Calls on the Council and the Commission to consider the present opinion as its first reading under the codecision procedure pursuant to the amended legal basis;

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

Amendment 1

Title

Amendment 2

Citation 1

Amendment 3

Citation 2

Amendment 4

Recital 1

(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.

(1) Major emergencies can seriously affect both public health and the environment. In the EC Treaty there is a legal basis encompassing both the environment and the protection of public health — Article 175 (1) — on which this instrument should hence be based.

Amendment 5

Recital 2

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

(2) A Community mechanism to facilitate reinforced cooperation in civil protection assistance interventions was established by Council Decision 2001/792/EC, Euratom.

Amendment 6

Recital 2 a (new)

(2a) Climate change has a significant negative global environmental, economic and social impact with potentially catastrophic consequences. Economic losses resulting from weather-related natural disasters in the last decade have increased by a factor of six over the 1960s' level.

Amendment 7

Recital 2 b (new)

(2b) Disaster risk reduction, including the reduction of vulnerability to natural disasters, is an integral part of sustainable development and one of the essential prerequisites for the achievement of the Millennium Development Goals.

Amendment 8

Recital 2 c (new)

(2c) Land management and land use are an important part of policies and plans for the prevention and mitigation of disasters. Therefore, plans and policies should implement integrated environmental and natural resource management approaches that incorporate disaster risk reduction, such as integrated flood and forest management, appropriate management of wetlands and other fragile ecosystems, as well as risk assessments in urban areas.

Amendment 9

Recital 2 d (new)

(2d) The isolated and outermost regions of the EU have special characteristics and needs owing to their geography, terrain and social and economic circumstances. These can have an adverse effect, make it difficult to deliver assistance and intervention resources, and create particular needs in the event of a major emergency.

Amendment 10

Recital 3

(3) It is necessary to establish a Rapid Response and Preparedness Instrument under which financial assistance may be given, as a contribution to improving the effectiveness of systems for preparing for and responding to major emergencies, in particular in the context of Decision 2001/792/EC, Euratom.

(3) It is necessary to establish a Prevention, Rapid Response and Preparedness Instrument under which financial assistance may be given, as a contribution to improving the effectiveness of systems for preparing for and responding to major emergencies, in particular in the context of the monitoring and information centre set up under Decision 2001/792/EC, Euratom.

Amendment 11

Recital 4

(4) This Instrument will ensure the visible expression of Community solidarity towards countries affected by major emergencies by facilitating the provision of mutual assistance through mobilisation of Member States intervention assets.

(4) This Instrument will ensure the visible expression of Community solidarity towards countries, both inside and outside the EU, confronted with major emergencies resulting from natural, industrial or technological disasters, including marine pollution, or from acts of terrorism, by facilitating the provision of mutual assistance through mobilisation of Member States intervention assets.

Amendment 12

Recital 4 a (new)

(4a) The Council has adopted conclusions on improving the European civil protection capabilities [2],

Amendment 13

Recital 4 b (new)

(4b) It should be possible to use the Instrument for actions both inside and outside the territorial borders of the European Union, for reasons of solidarity and in order to assist EU citizens in need in third countries.

Amendment 14

Recital 4 c (new)

(4c) When the Instrument is used outside the territorial borders of the EU, it is important that action is coordinated with the United Nations.

Amendment 15

Recital 4 d (new)

(4d) Community action should not relieve those third parties of their responsibility who, under the "polluter pays principle", are primarily liable for the damage caused by them.

Amendment 16

Recital 4 e (new)

(4e) There is a need for further cooperation to enhance the effectiveness of the database on military assets and capabilities relevant to the civil protection operations necessitated by natural or man-made disasters.

Amendment 17

Recital 4 f (new)

(4f) In order to facilitate and ensure better prevention, preparedness and response to major emergencies, there is a need to conduct extensive information campaigns, as well as education and awareness raising initiatives aimed at the public, and in particular at young people, with the objective of increasing the degree of self protection and the precautionary measures to be taken in the event of disasters.

Amendment 18

Recital 4 g (new)

(4g) Volunteers are valuable assets in management disaster, have an important role to play in civil protection related activities and provide a wide variety of services in planning for and responding to major emergencies, either as members of voluntary organisations or as individuals.

Amendment 19

Recital 6 a (new)

(6a) The expression of solidarity with third countries in the face of disaster and emergency has for many years formed part of the EU's external actions and respects the principle of solidarity; extending EU civil protection outside the Union would provide added value and increase the efficiency and effectiveness of the Instrument.

Amendment 20

Recital 7

(7) It is appropriate, for reasons of coherence, that rapid response actions which are realised outside the Community be covered by Council Regulation (EC) No [...] of [...] establishing an Instrument for Stability. For the same reason actions falling under Council Decision [...] establishing the specific Programme "Prevention, Preparedness and Consequence Management on Terrorism" or relating to the maintenance of law and order and the safeguarding of internal security should not be covered by the Instrument.

(7) It is appropriate, for reasons of coherence, that actions falling under Council Decision [...] establishing the specific Programme "Prevention, Preparedness and Consequence Management on Terrorism" or relating to the maintenance of law and order and the safeguarding of internal security should not be covered by the Instrument.

Amendment 21

Recital 9

(9) The award of public procurement contracts and grants under this Regulation 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. Due to the specific nature of action in the field of civil protection, it is appropriate to provide that grants may also be awarded to natural persons.

(9) The award of public procurement contracts and grants under this Regulation 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. Due to the specific nature of action in the field of civil protection, it is appropriate to provide that grants may also be awarded to natural persons and non-governmental organisations.

Amendment 22

Recital 10

(10) Participation of third countries should be possible as this would increase the efficiency and effectiveness of the operation of the Instrument.

(10) Participation of third countries is desirable as emergencies in third countries can have a substantial impact on Member States and such participation would also increase the efficiency and effectiveness of the operation of the Instrument.

Amendment 23

Recital 11 a (new)

(11a) With a view to enabling this Regulation to be implemented effectively, the Commission should, in cooperation with the Member States, draw up at the earliest opportunity a detailed inventory of the civil protection resources (personnel, equipment, etc.) existing within the European Union.

Amendment 24

Recital 12

(12) Appropriate provision should be made in order to ensure adequate monitoring of the implementation of the actions receiving financial assistance under the Instrument.

(12) Appropriate provision should be made in order to ensure adequate monitoring of the implementation of the actions receiving financial assistance under the Instrument. Maximum transparency is required in implementing the Community's financial assistance as is the proper monitoring of the use of resources.

Amendment 25

Recital 16 a (new)

(16a) Community action in the civil protection area complements the policies of the national, regional and local authorities. Regions and municipalities are the first concerned in cases of disaster and should therefore be fully involved in the conception, implementation and monitoring of civil protection policies.

Amendment 26

Recital 16 b (new)

(16b) A financial framework, within the meaning of point 33 of the Interinstitutional Agreement of 6 May 1999 between the European Parliament, the Council and the Commission on budgetary discipline and improvement of the budgetary procedure [3], is included in this Regulation for the entire duration of the Instrument, without thereby affecting the powers of the budgetary authority as they are defined by the Treaty.

Amendment 27

Recital 17

(17) The Treaty establishing the European Community and the Treaty establishing the European Atomic Energy Community do not provide powers for adopting this Regulation other than those under Articles 308 and 203, respectively,

Amendment 28

Recital 17 a (new)

(17a) The European Parliament has adopted a number of resolutions following natural disasters, including that of 8 September 2005 [4] in which it called on the Commission and the Member States to work towards closer cooperation on civil protection measures in the event of natural disasters with a view to preventing and minimising their devastating impact, in particular by making available additional civil protection resources.

Amendment 29

Article 1, paragraph 1

Amendment 30

Article 1, paragraph 2

Amendment 31

Article 1, paragraph 3

3. It also makes special provision for financial assistance in the event of a major emergency, in order to facilitate a rapid and effective response thereto.

3. It also makes special provision for financial and technical assistance in the event of a major emergency, in order to facilitate a rapid and effective response thereto.

Amendment 32

Article 1, paragraph 3 a (new)

3a. It also provides for an exhaustive review and cataloguing of the sources of danger (e.g. hazardous material in storage) and the means — in particular the scarce resources — which could be mobilised to address the various types of major emergency, and for facilitation of the exchange of that information between the Member States.

Amendment 33

Article 2, paragraph 1

1. This Regulation shall apply to preparedness for major emergencies regardless of their nature.

1. This Regulation shall apply to prevention, preparedness for and rapid response to all forms of major emergency as defined in Article 3(a), inside and outside the Community, with special emphasis on public health.

Amendment 34

Article 2, paragraph 1 a (new)

1a. The modus operandi of the Instrument shall take due account of the relevant regional dimension. The Commission and the Member States shall interact as closely as possible, where the legal provisions applying in Member States so allow, with local and regional authorities regarding the definition and management of the Instrument.

Amendment 75

Article 2 a (new)

Article 2a

Duration and budgetary resources

This Regulation shall apply from 1 January 2007 to 31 December 2013.

The indicative financial framework for the implementation of the Instrument is set at 278000000 euro for the period from 1 January 2007 to 31 December 2013 (seven years).

Amendment 36

Article 3, point (a)

(a) "major emergency" shall mean any situation which has or may have adverse impact on people, property or the environment and may result in a call for assistance;

(a) "major emergency" shall mean any event or situation which has or may have adverse impact on people, public health and safety, property, cultural heritage or the environment caused by natural, industrial or technological disasters, including marine pollution, or acts of terrorism;

Amendment 37

Article 3, point (a a) (new)

(aa) "prevention" shall mean any action to ensure the actual avoidance of the adverse impact of hazards and any means to minimise related natural or man-made disasters;

Amendment 38

Article 3, point (c)

(c) "preparedness" shall mean any action taken in advance to ensure effective rapid response.

(c) "preparedness" shall mean any action taken in advance to ensure effective rapid response to the impact of natural and technological hazards and environmental degradation, including the issuance of timely and effective early warnings;

Amendment 39

Article 3, point (c a) (new)

(ca) "early warning" shall mean the provision of timely and effective information that allows action to be taken to avoid or reduce risks and ensure preparedness for effective response;

Amendment 40

Article 3, point (c b) (new)

(cb) "inventory" shall mean a record of the civil-protection facilities and personnel within the European Union. The Commission shall update the inventory at regular intervals.

Amendment 41

Article 3 a (new)

Article 3a

Remote regions

This Regulation shall provide adequate and equal assistance to all areas, ensuring that citizens living in outermost, isolated, insular or remote regions which are not easily accessible enjoy a level of safety similar to that in other areas of the EU. Specialised intervention teams should be available for such areas.

Amendment 42

Article 4, introductory part

Amendment 43

Article 4, point (a)

(a) studies, surveys, modelling, scenario building and contingency planning;

(a) studies, surveys, modelling, building of scenarios relating to civil protection interventions and contingency planning;

Amendment 44

Article 4, point (b)

(b) capacity building assistance;

(b) capacity building and action- coordination assistance;

Amendment 45

Article 4, point (c)

(c) training, exercises, workshops, exchange of staff and experts;

(c) training, meetings, exercises, workshops, exchange of staff and experts;

Amendment 46

Article 4, point (c a) (new)

(ca) special training for those personnel who will take part in operations in the context of prevention of, rapid response to and preparedness for major emergencies in order to deal better with the particular needs of the disabled;

Amendment 47

Article 4, point (d)

(d) demonstration projects;

(d) demonstration projects and programmes;

Amendment 48

Article 4, point (e)

(e) technology transfer;

(e) transfer of knowledge, technology and expertise and sharing of lessons learned and best practices;

Amendment 49

Article 4, point (f)

(f) awareness and dissemination actions;

(f) awareness and dissemination actions aimed, in particular, at encouraging people to remain vigilant;

Amendment 50

Article 4, point (g a) (new)

(ga) networking of alert, early warning and response systems;

Amendment 51

Article 4, point (i)

(i) establishment and maintenance of secure communication systems and tools;

(i) establishment and maintenance of reliable and secure communication systems and tools;

Amendment 52

Article 4, point (l)

(l) dispatching and sending out of experts, liaison officers and observers;

(l) dispatching and sending out of experts, liaison officers and observers with appropriate means and equipment;

Amendment 53

Article 4, point (l a) (new)

(la) promotion of the implementation of local risk assessment and disaster preparedness programmes and activities in schools and institutions of higher education and the use of other channels to get information to young people and children;

Amendment 54

Article 4, point (n a) (new)

(na) promotion of procedures to harmonise the approaches, methods and means for the prevention of and response to major emergencies;

Amendment 55

Article 4, point (n b) (new)

(nb) development of partnerships between regions with similar disaster risks in order to exchange know-how on emergency management.

Amendment 56

Article 5, point (d a) (new)

(da) pooling of experience and identification and implementation of best practices concerning national, regional and local initiatives undertaken for the prevention of natural, industrial or technological disasters;

Amendment 57

Article 5, point (d b) (new)

(db) pooling of experience and implementation of best practices concerning initiatives undertaken at national, regional and local level targeted at the public, and in particular at young people, with the objective of increasing the degree of self-protection;

Amendment 58

Article 5, point (e)

(e) stimulating, promoting and supporting exchange of know-how and experience regarding the management of the immediate consequences of major emergencies, and of the related technology;

(e) stimulating, promoting and supporting exchange of know-how and experience, particularly regarding preventive measures and the management of the immediate consequences of major emergencies, and of the related technology and personnel;

Amendment 59

Article 5, point (i)

(i) ensuring the availability and transportation of mobile laboratories and high-security mobile facilities.

(i) ensuring the availability and transportation of special civil protection technology and equipment, such as mobile laboratories and high-security mobile facilities.

Amendment 60

Article 5, paragraph 1 a (new)

Amendment 61

Article 5 a (new)

Article 5a

Cohesion and coordination of actions

The Commission shall ensure that the Instrument and the alert, early warning and response systems are effective and linked to other Community warning systems.

Amendment 62

Article 5 b (new)

Article 5b

Quality of actions

The Commission shall, in cooperation with the Member States, ensure the quality of the actions by monitoring, coordinating and evaluating the alert, early warning and response activities with the aim of ensuring the optimal operation of the Instrument.

Amendment 63

Article 5 c (new)

Article 5c

Volunteers

Volunteers' preparedness for and response to major man-made or natural disasters shall always be under the control and supervision of a local statutory authority and volunteers shall receive special training that enhances their ability to identify, respond to and recover from a major emergency or disaster situation.

Amendment 64

Article 7, paragraph 4

4. The annual work programmes shall be adopted in accordance with the procedure referred to in Article 13(2).

4. The annual work programmes shall be adopted in accordance with the procedure referred to in Article 13(2). Once adopted the annual work programmes shall be transmitted to the Budgetary Authority for information.

Amendments 65 and 66

Article 8 a (new)

Article 8a

Cooperation with international organisations

In order to reduce duplication, to maximise the organisation of efficient emergency response operations based on shared information and to optimise the use of all resources, closer links and enhanced, structured and continued cooperation should be established with international organisations.

Where actions under the Instrument are implemented outside the territorial borders of the European Union, they shall be coordinated with the United Nations, unless there are specific reasons for not doing so.

Amendment 67

Article 9, paragraph 1 a (new)

1a. If the information provided pursuant to paragraph 1 indicates that financial assistance has been received from other sources, the financial assistance provided under the Instrument shall be limited, at the maximum, to that part of the application for which no other financing is yet available.

Amendment 68

Article 9, paragraph 2

2. Synergies and complementarity shall be sought with other instruments of the European Union or the Community.

2. Synergies, consistency and complementarity shall be sought with other instruments of the European Union or the Community, inter alia with the European Union Solidarity Fund, the Instrument for Stability and the ECHO, so as to avoid duplication and ensure optimum added value and use of resources This applies, in particular, with regard to the proposal for a Commission Decision on financing a pilot project containing a set of preparatory actions with a view to strengthening the fight against terrorism, which will provide the financing for the secure general rapid alert system (ARGUS) and the European Programme for Critical Infrastructure Protection (EPCIP), in order to guarantee coherence in the fields of critical infrastructure protection and civil protection.

Amendment 69

Article 10, paragraph 1, subparagraph 2

Amendment 70

Article 10 a (new)

Article 10a

Implementation of the actions and cooperation between Commission and Member States

1. The Commission shall, in close cooperation with the Member States, ensure that the actions and measures taken under the Instrument are implemented in accordance with the provisions of Article 13, ensuring its cohesive and balanced development.

2. To support implementation, the Commission shall ensure that the alert, early warning and rapid response networks and systems for major emergencies are coordinated and integrated.

3. The Commission and Member States shall take action, within their respective spheres of competence, to ensure that the Instrument operates effectively and to develop mechanisms at Community and Member State level to achieve the objectives of the Instrument. They shall ensure that the necessary information is provided concerning the actions supported by the Instrument and the broadest possible participation in actions implemented by local and regional authorities and non-governmental organisations.

Amendment 71

Article 12, paragraph 4

4. If the time limits have not been observed or if only part of the allocated financial assistance is justified by the progress made with implementing an action, the Commission shall request the beneficiary to submit observations within a specified period. If the beneficiary does not give a satisfactory answer, the Commission may cancel the remaining financial assistance and demand repayment of sums already paid.

4. If the time limits have not been observed or if only part of the allocated financial assistance is justified by the progress made with implementing an action, the Commission shall request the beneficiary to submit observations within a specified period. If the beneficiary does not give a satisfactory answer, the Commission may request clarification or further explanations. If the answer remains unsatisfactory, the Commission shall cancel the remaining financial assistance and demand repayment of sums already paid.

Amendment 72

Article 13, paragraph 1

1. The Commission shall be assisted by a committee composed of representatives of the Member States and chaired by the representative of the Commission, hereinafter "the Committee".

1. The Commission shall be assisted by a committee composed of representatives of the Member States, including representatives of local and regional authorities, and chaired by the representative of the Commission, hereinafter "the Committee".

Amendment 73

Article 14, paragraph 2, point (a)

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

(a) no later than 31 December 2010, an interim evaluation report on the results obtained and the qualitative and quantitative aspects of the implementation of this Regulation. This report shall, in particular, contain information relating to applications submitted, grant decisions taken and the winding-up of financial assistance granted;

Amendment 74

Article 14, paragraph 2 a (new)

2a. The Commission shall undertake to follow up swiftly this initial, principally financial initiative by submitting its proposed amendments to Decision 2001/792/EC as soon as possible to the European Parliament.

[1] Not yet published in OJ.

[2] OJ C 304, 1.12.2005, p. 1.

[3] OJ C 172, 18.6.1999, p. 1.

[4] Texts Adopted, P6_TA(2005)0334, paragraph 9.

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