Proposal for a Council Decision establishing a Community action programme in the field of civil protection (95/C 142/13) (Text with EEA relevance) COM(95) 155 final - 95/0098(CNS)

(Submitted by the Commission on 3 May 1995)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 235 thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament,

Having regard to the opinion of the Economic and Social Committee,

Having regard to the opinion of the Committee of the Regions,

Whereas the action taken by the Community in this field since 1985 has made it possible progressively to develop cooperation between the Member States; whereas the resolutions adopted since 1987 (1) constitute the basis for this cooperation;

Whereas Community cooperation in the field of civil protection (including environmental emergencies) helps to achieve the objectives of the Treaty by promoting solidarity between the Member States and contributing to preserving and protecting the environment; whereas, in order to attain these objectives, Article 3 (t) of the Treaty calls on the Community to adopt appropriate measures in the sphere of civil protection;

Whereas the Community programme of policy and action in relation to the environment and sustainable development (2) states that the Community's activity will be stepped up in the fields of civil protection and environmental emergencies; whereas the same programme calls for these activities to take account of scientific research and technological development;

Whereas the establishment of a Community action programme will help to develop cooperation in this field even more effectively; whereas such a programme should be based to a large extent on experience already gained in this field;

Whereas action to prepare those responsible for and involved in civil protection and other environmental emergencies in the Member States is important, in order to increase their degree of preparedness;

Whereas it is also important to undertake action targeted at the general public so as to help European citizens to protect themselves more effectively;

Whereas an advisory committee on civil protection will assist the Commission in managing the action programme; whereas the Commission may also refer any matter relating to civil protection to this committee;

Whereas, in accordance with the principle of subsidiarity, Community cooperation supplements national policies in the field of civil protection and environmental emergencies in order to make them more effective; whereas pooling of experience and mutual assistance will help to reduce the loss of human life and economic and environmental damage throughout the Community;

Whereas the Treaty contains no legal basis for adoption of this Decision other than Article 235,

HAS DECIDED AS FOLLOWS:

Article 1

A Community action programme in the field of civil protection, including environmental emergencies, is hereby established. The action making up the programme and the arrangements for granting Community financial support are set out in the Annex.

Article 2

The Commission shall implement the action programme. In so doing it may where necessary arrange additional ad hoc action not listed in the Annex. Such additional action shall be assessed in the light of the priorities set and the financial resources available.

Article 3

1. Each individual action undertaken within the framework of the action programme shall be aimed at supporting, backing up and supplementing the civil protection activities undertaken in the Member States.

2. This individual action shall be selected primarily on the basis of the following criteria:

(a) contribution to increasing the degree of preparedness of those involved in civil protection in the Member States, in order to increase their ability to respond to an emergency;

(b) contribution to improving techniques and methods of response: pilot projects;

(c) contribution to public information, education and awareness, so as to help citizens to protect themselves more effectively.

3. Each individual action shall be implemented in close cooperation with the national, regional or local authorities concerned.

4. Each action shall take account of the results of the Community and national research in the relevant fields.

5. The Commission and the Member States shall encourage complementary operation of this programme and of the European Community action programme for the implementation of a vocational training policy.

Article 4

For the purposes of implementing the programme, the Commission shall be assisted by an advisory committee on civil protection composed of representatives of the Member States and chaired by the representative of the Commission.

The representative of the Commission shall submit to the committee a draft of the measures to be taken. The committee shall deliver its opinion on the draft, within a time limit which the chairman may lay down according to the urgency of the matter, if necessary by taking a vote.

The opinion shall be recorded in the minutes; in addition, each Member State shall have the right to ask to have its position recorded in the minutes.

The Commission shall take the utmost account of the opinion delivered by the committee and shall inform the committee of the manner in which its opinion has been taken into account.

The Commission may also refer any other matter relating to civil protection to the advisory committee on civil protection.

Article 5

Every three years the Commission shall evaluate implementation of the action programme and shall inform the committee referred to in Article 4 accordingly.

(1) OJ No C 176, 4. 7. 1987, p. 1.

OJ No C 44, 23. 2. 1989, p. 3.

OJ No C 315, 14. 12. 1990, p. 1.

OJ No C 315, 14. 12. 1990, p. 3.

OJ No C 198, 27. 7. 1991, p. 1.

OJ No C 313, 10. 11. 1994, p. 1.

(2) OJ No C 138, 17. 5. 1993, p. 5.

ANNEX (1)

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(1) Research and technological development activities are excluded from this programme.