COMMISSION DECISION
of 15 December 2006
establishing the Commission's standard security measures and alert states and amending its Rules of Procedure as regards operational procedures for management of crisis situations
(2007/65/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community, and in particular Article 218(2) thereof,
Having regard to the Treaty establishing European Atomic Energy Community, and in particular Article 131 thereof,
Having regard to the Treaty on European Union, and in particular Article 28(1) and Article 41(1) thereof,
Whereas:
(1)
It is appropriate for the Commission to establish operational procedures and measures to manage crises and emergencies (hereinafter referred to as crisis situations), and, in particular, to ensure that all necessary decisions can be taken as efficiently and rapidly as possible, while ensuring that they remain subject to political control.
(2)
It is necessary for the Commission to establish an operational structure for crisis management.
(3)
Procedures and measures should, inter alia, be established to manage the security aspects of a crisis situation. In the interests of clarity, the procedures and measures to be used in normal security conditions should also be specified.
(4)
Good management of crisis situations involves the possibility of rapidly warning the personnel of the nature of the threat and of protective measures to be taken.
(5)
Current practice in the Member States and in other international organisations shows that the establishment of a system of alert states is the most efficient way to ensure that appropriate and proportional security measures are taken in response to the evaluated risk level. A system comprising standard security measures and three alert states should therefore be established. It should apply to all the premises of the Commission.
(6)
The Commission provisions on security annexed to its internal Rules of Procedure by Commission Decision 2001/844/EC, ECSC, Euratom (1) provide for a member of the Commission to be responsible for security matters and for implementation of the Commission's security policy.
(7)
The general principles established in Section 2 of the Annex to those provisions on security establish general principles of legality, transparency, accountability and subsidiarity (proportionality) which apply equally to crisis management.
(8)
The attribution of authority within the Commission and the particular situation of the delegations of the Community in third countries require specific procedures and distinct types of action, depending on whether the security measures concern the premises of the Commission in the Member States or in third countries.
(9)
According to the principle of continuity of public service, the Commission should be able to accomplish its tasks in all circumstances as set out in the Treaties. Consequently, in the case of exceptional and unforeseeable events which make it impossible for the Commission to adopt decisions as a College by written or oral procedure as provided for in its Rules of Procedure (2), the President of the Commission should have extraordinary powers to take any measure which, in the context of the specific situation, is considered urgent and necessary.
(10)
The Commission provisions on operational procedures for crisis management, as annexed to its internal Rules of Procedure by Decision 2003/246/EC, Euratom (3), should therefore be amended accordingly. For reasons of clarity, they should be replaced by this Decision,
HAS DECIDED AS FOLLOWS:
Article 1
1. The crisis system shall be managed by a Management Group, in accordance with paragraph 2. It shall be supported by an Operational Team and a Monitoring Team, established by the Director of the Commission Security Directorate.
2. The Management Group shall meet under the chairmanship of the Deputy Secretary-General. It shall consist of a Member of the Cabinet of the President and of the Member of the Commission responsible for security matters, the Director of the Commission Security Directorate, Directors-General of the Legal Service, for Personnel and Administration, for Budget, for Communication, for Justice Freedom and Security, for External Relations, for Informatics and such other persons as the Deputy Secretary-General considers appropriate in the circumstances.
3. If a crisis situation arises outside the European Union, a member of the cabinet of the Commissioner responsible for External Relations shall be invited to attend the meetings of the Management Group.
4. The Management Group shall be responsible for advising the Commission and in particular the Member of the Commission responsible for security matters on appropriate measures to be taken to protect the staff and assets of the Commission, and ensure its operational effectiveness, in the event of a crisis situation.
5. The President, the Member of the Commission responsible for security matters and each Member of the Commission involved in the crisis situation shall be kept informed of developments by the Chairman of the Management Group.
6. A 24-hour, seven-days-a-week readiness service shall operate, on the basis of the constant presence of at least two officials, so that the Security Directorate can discharge its responsibilities.
Article 2
1. Inside the European Union, the Member of the Commission responsible for security matters may at any time instruct the Director of the Commission Security Directorate to put the crisis management system into operation.
2. If a crisis situation arises outside the European Union, the decision to put the crisis management system into operation shall be taken jointly by the Members of the Commission responsible for External Relations and for Security Matters.
Article 3
1. To enable decisions to be taken with sufficient speed to ensure the protection of Commission staff (including protection of their health at the workplace), information, buildings and other assets from any threat and to ensure its operational capacity, in situations where urgency precludes the use of usual decision-making procedures, paragraphs 2 and 3 shall apply.
2. If a crisis situation arises inside the European Union, the Member of the Commission responsible for security matters may take any decision he considers necessary to protect the staff and assets of the Commission from such threat.
In situations of extreme urgency the Director of the Commission Security Directorate may take similar decisions to those provided for in the first subparagraph, acting where possible in consultation with the Management Group. Any use of these powers shall immediately be reported to the Member of the Commission responsible for security matters, for review, and where appropriate, endorsement, amendment or revocation. The chairperson of the Management Group shall be informed at the same time as the Member of the Commission responsible for security matters.
3. If a crisis situation arises outside the European Union, in situations of extreme urgency the Head of a Commission mission or Community delegation may take similar decisions to those provided for in the first subparagraph of paragraph 2. Any use of these powers shall be reported to the Member of the Commission responsible for External Relations who shall immediately inform the Member of the Commission responsible for security matters. These decisions shall be jointly reviewed by the two Members, and where appropriate endorsed, amended or revoked. The chairperson of the Management Group shall be informed at the same time as the Member of the Commission responsible for security matters.
4. Any decision taken pursuant to this article shall be submitted to the next meeting of the College for review and, where appropriate, endorsement, amendment or revocation.
Article 4
1. In the case of exceptional and unforeseeable events which make it impossible for the Commission to decide as a College by written or oral procedure as set out in article 4 of its Rules of Procedure, the President of the Commission may, on behalf of the Commission and under its responsibility, adopt any measure which, in the context of the specific crisis situation, is considered urgent and necessary to preserve the Community public interest, to meet legal obligations of the Community or to prevent avoidable damages on Community institutions or bodies, Member States or on the Union's citizens and undertakings.
2. The President shall act, as far as practicable, after consultation of the departments with a legitimate interest and the members of the Commission not prevented from exercising their functions.
3. Any decision taken pursuant to this article shall be submitted to the College for review and, where appropriate, endorsement, amendment or revocation once the conditions necessary for the functioning of the College are in place.
Article 5
The provisions on deputising laid down in the Rules of Procedure of the Commission and the Rules giving effect to them shall apply, mutatis mutandis, to the present decision.
Article 6
A system comprising standard security measures and three alert states is established. The system and the corresponding security measures shall be as set out in the Annex. It shall apply to all the premises of the Commission.
Article 7
The Commission provisions on operational procedures for crisis management annexed to its Rules of Procedure by Decision 2003/246/EC, Euratom are deleted.
Article 8
This Decision is without prejudice to the Commission provisions setting up the ARGUS general alert system annexed to its Rules of Procedure by Commission Decision 2006/25/EC, Euratom (4).
Article 9
This Decision shall enter into force on the day of its adoption.
It shall be published in the Official Journal of the European Union.
Done at Brussels, 15 December 2006.