Amended proposal for a COUNCIL DECISION establishing a Community action programme in the field of civil protection (presented by the Commission pursuant to Article 250,2 of the EC-Treaty)

EXPLANATORY MEMORANDUM

1. In December 1997 the first Community action programme in the field of civil protection was adopted by Council Decision 98/22/EC. This action programme started on 1 January 1998 and will expire on 31 December 1999.

On 16 December 1998 the Commission adopted a proposal for a Council Decision establishing a Community action programme in the field of civil protection. This proposal outlines a continued Community action programme from 1 January 2000 to 31 December 2004. It will facilitate continued consolidation and strengthening of Community cooperation on civil protection.

The objectives of Community cooperation in the field of civil protection are to help to ensure better protection for people, the environment and property in the event of natural and technological disasters across the Community. Indeed, the action programmes provide for a range of projects, exchanges of experts, workshops and other actions endorsing cooperation and mutual assistance between the Member States' civil protection services. The action programmes intend to support and supplement Member States' efforts at national, regional and local levels. In the current programme the approach consisting at focussing the efforts on a limited number of major projects receives even more attention in the new proposal. Emphasis has been put on a few major projects concerning prevention, information of the public, crisis management, disaster medicine and the exchange of experts.

2. The Committee of the Regions adopted its opinion on 3 June 1999.

3. The Economic and Social Committee adopted its opinion on 29 April 1999.

4. Both of the committees were broadly supportive of the Commission's proposal.

5. At its plenary session on 3 May 1999, the European Parliament approved the proposal with a total of 23 amendments.

The Commission accepted the amendments No 1, 2, 3, 4, 5, 9, 10, 11, 14, 15, 18 and 22 in their entirety as they clarify and improve the text of the proposal. Moreover, some of them stress the importance of the lessons' learning process (3, 14, 18) or call for a stronger implication of citizens (9) or reinforce the environmental aspects of the proposed decision (2, 9, 10, 15).

Amendment 23 is accepted in part as far as the term "ecological" is added. Amendment 19 needs to be redrafted in order to make clear that participation of NGOs in the exchange system of experts is allowed on the condition that they form an integral part of the civil protection systems in the Member States.

Amendments 5 and 20 introduce a specific reference to the particularly difficult situation of isolated and ultraperipheral regions of the Union in case of disasters. This concept is acceptable because it is important to reaffirm the peculiarity of these regions which should also benefit from this programme. The second part of amendment 20 is not acceptable: it states that pilot projects should be funded by up to 100 % in the case of isolated and ultraperipheral regions. Sound budgetary management of the pilot projects requires a certain financial co-responsibility.

Amendments 6, 7, 8, 12, 13, 16, 17, 20 partly, 21 and partly 23 are not acceptable for the Commission:

The amendments 6, 7, 8, 12, 13, 17 and 21 seek to improve the co-operation with the CEEC and in particular the countries participating in the PHARE, TACIS and MEDA programmes. Two projects financed by PHARE and MEDA have already been organised outside the action programme and a third one is in preparation by Russia with the view of a possible TACIS support. The objective of the action programme is to consolidate and improve the co-operation in the field of civil protection within the Union. In addition, these proposals would have a strong impact on the human resources needed for carrying out such actions.

The first part of amendment 23 proposes to give the possibility for a NGO to request the Commission's support to reinforce the mechanisms set up in case of a disaster inside or outside of the Union. The amendment is not acceptable as the mutual assistance between Member States is organised by the resolution No 91/C198/01 of 8 July 1991 on mutual aid between Member States in the event of disasters: this resolution only foresees assistance from State to State.

The scope of amendment No 17 and of the first part of the amendment No 20 is that projects should be opened to one single Member State or a third country. These amendments are not acceptable because the Community action programme intends to carry out projects of general interest to several or all Member States.

The first part of amendment 16 proposes that the representative of the Commission shall submit a draft of "general" measures to be taken. The third part of amendment 16 proposes that the committee meets in public and publish agendas and other documentation related to it. Both parts of amendment 16 depart from the text of Decision EEC/373/87 on comitology.

The second part of amendment 16 proposes to equate "other matters relating to civil protection" with the actions on which the advisory committee's opinion may be sought. This is not acceptable because the intention of the Commission's proposal on this point is to submit to the advisory committee documents of purely informative character.

Amended proposal for a COUNCIL DECISION establishing a Community action programme in the field of civil protection

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 308 thereof,

Having regard to the proposal from the Commission, [1]

[1] OJ C

Having regard to the opinion of the European Parliament, [2]

[2] OJ C

Having regard to the opinion of the Economic and Social Committee, [3]

[3] OJ C

Having regard to the opinion of the Committee of the Regions, [4]

[4] OJ C

(1) Whereas it is necessary to continue and to step up the actions taken by the Community in this field since 1985 to make it possible progressively to develop greater and more effective and progressive co-operation between the Member States; whereas the resolutions adopted since 1987 [5] and the Council Decision of 19 December 1997 [6] establishing a Community Action Programme in the field of Civil Protection constitutes the basis for this co-operation;

[5] OJ C 176, 4.7.1987, p. 1; OJ C 44, 23.2.1989, p. 3; OJ C 315, 14.12.1990, p. 1;OJ C 313, 10.11.1994, p. 1.

[6] OJ L 8, 14.1.1998, p. 20.

(2) Whereas the individual actions undertaken by the Community to implement the programme contribute to the protection of persons, environment and property in the event of natural and technological disasters and a more rational relationship with nature, which in future may make it possible to prevent many disasters, including floods;

(3) Whereas the Community programme of policy and action in relation to the environment and sustainable development [7] presented by the Commission foresees that the Community's activities will be stepped up in particular in the field of environmental emergencies, whereas the same programme calls for these activities to take account of scientific research and technological development;

[7] OJ C 138, 17.5.1993, p. 5.

(4) Whereas the Community Action Programme will continue to help to develop co-operation in this field even more effectively; whereas the programme should be based to a large extent on experience already gained in this field and continue to develop this experience;

(5) Whereas, in accordance with the principle of subsidiarity, Community cooperation supports and supplements national policies in the field of Civil Protection in order to make them more effective; whereas pooling of experience and mutual assistance will help to reduce the loss of human life, injuries , material damage and economic and environmental damage throughout the Community , making the objectives of social cohesion, solidarity and European citizenship more tangible;

(6) Whereas the isolated and ultraperipheral regions of the Union have special characteristics because of their geography, terrain and social and economic conditions which have an adverse effect and make it difficult to deliver aid and means of assistance in the event of major danger;

(7) Whereas the Community Action Programme will provide transparency as well as consolidate and strengthen the different actions in continued pursuit of the objectives of the Treaty;

(8) Whereas action to prevent risks and damage as well as provide information and prepare those responsible for and involved in Civil Protection in the Member States is important and increases the degree of preparedness for accidents; whereas it is also important to undertake Community action to improve techniques and methods of response and rehabilitation after emergencies;

(9) 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 they should realise that this task is a shared responsibility and be made aware of health and environmental protection problems;

(10) Whereas an advisory committee will assist the Commission in managing the action programme;

(11) Whereas the provisions of this Decision take over from 1 January 2000, from the action programme set up through the Council Decision of 19 December 1997 and ending on 31 December 1999;

(12) Whereas the Treaty does not provide, for the adoption of this Decision, powers other than those of Article 308,

HAS ADOPTED THIS DECISION:

Article 1

1. A Community action programme in the field of Civil Protection , including environmental emergencies, (hereinafter called "the programme") is hereby established for the period 1 January 2000 to 31 December 2004.

2. The programme is intended to support, supplement and step up Member States' efforts at national, supra-regional, regional and local levels for the prevention and the protection of persons, environment and property in the event of danger or actual natural and technological disasters. The aim is also to facilitate co-operation , exchange of experience and mutual assistance between Member States in this field.

Article 2

1. The Commission shall implement the actions under the programme.

2. A three-year rolling plan to implement the programme, to be reviewed annually, shall be adopted, in accordance with the procedure laid down in Article 4 and on the basis inter alia of the information supplied by Member States to the Commission. The Commission may, when necessary, arrange additional actions to those under the programme. Such additional actions shall be assessed in the light of the priorities set and the financial resources available.

3. Actions under the programme and financial arrangements for Community contribution are set out in the Annex.

Article 3

1. The rolling plan to implement the programme shall contain the individual actions to be undertaken.

2. Individual actions shall be selected primarily on the basis of the following criteria:

a) contribution to preventing the risks and damage to persons, environment and property in the event of natural and technological disasters;

b) *contribution to increasing the degree of preparedness of those primarily responsible for and most directly involved in Civil Protection at all levels in the Member States, in order to increase their ability to respond to an emergency;

*detecting and studying the immediate and underlying causes of disasters and publishing the conclusions of such a study;

c) contribution to improving the means and methods of forecasting, techniques and procedures of response and rehabilitation after emergencies , by means of pilot projects;

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

4. Each individual action shall be implemented in close co-operation with the competent authorities at national, regional and local level in the Member States.

5. Where relevant, actions under the present programme shall seek to contribute to the integration of civil protection objectives in other Community and Member States policies and actions , particularly when the environmental impact of installations and activities is being assessed.

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

Article 4

1. For the implementation of the programme, the Commission shall be assisted by an advisory committee composed of representatives of the Member States and chaired by the representative of the Commission.

2. 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.

3. 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.

4. 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.

5. The Commission may also refer other matters relating to Civil Protection to the advisory committee.

Article 5

The Commission shall evaluate the implementation of the programme at mid-term and before its end, and report by 30 September 2002 and 31 March 2004 to the Council and the European Parliament.

Article 6

This Decision shall apply with effect from 1 January 2000.

Article 7

This Decision is addressed to the Member States.

Done at Brussels,

For the Council

The President

ANNEX

Financial arrangements for the Community contribution [8]

[8] The specific actions eligible to other Community instruments will not be financed in the frame of this programme.

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