Proposal for a COUNCIL DECISION Establishing a Community mechanism for the coordination of Civil Protection intervention in the event of emergencies

(presented by the Commission)

EXPLANATORY MEMORANDUM

1. Introduction

1.1. A series of natural, technological and environmental disasters have recently caused severe damage in a number of Member States and neighbouring countries. They have included earthquakes, the oil spill off the coast of Brittany, devastating storms in several Member States and disastrous flooding in some of the candidate countries. Dam failures in the Danube catchment area have caused serious pollution, and the recent fireworks explosion in the Netherlands resulted in considerable loss of life.

1.2. Experience of these major disasters has prompted calls for urgent improvement of Civil Protection action at Community level. The European Parliament has also adopted a number of Resolutions inviting the Commission to take such initiatives. The main common element in these calls is the request that, when a disaster occurs either within or outside the Union, the individual interventions of Civil Protection teams from the Member States should be coordinated more effectively. The purpose of the current proposal is thus to improve the coordination of interventions in the event of natural, technological and environmental disasters, including major accidental marine pollution. It also takes account of the Presidency Conclusions from the Santa Maria da Feira European Council of 19 and 20 June 2000, which noted that the Commission would shortly submit proposals in the area of Civil Protection.

1.3. This proposal for a strengthened Community mechanism for Civil Protection intervention supplements the existing Community Action Programme in the field of Civil Protection (2000-2004) [1]. Some of the proposed action, such as early notification, the identification of operational teams, the setting up of assessment and coordination teams and the establishment of common rules for joint interventions, is not provided for in the existing action programme. In addition, the target groups for the training programme to improve mutual intervention capability are quite different from those of the existing action programme. Finally, it should also be stressed that the proposed actions could not be accommodated within the existing programme because of the very limited resources allocated to it. Consistency and complementarity between the existing Action Programme and actions under the proposed mechanism will be ensured inter alia by the use of the same Management Committee.

[1] OJ L 327, 21.12.1999, p.53.

1.4. Pending the outcome of the discussions in the European Parliament and in the Council on this proposal, the Commission is willing to merge the existing action programme with the proposed mechanism.

1.5. The Resolution of 8 July 1991 on improving mutual aid between Member States in the event of natural or technological disaster [2] is the basis for the current European Union system for dealing with emergencies. The key tool is the Operational Manual of Civil Protection in the European Union, which consists essentially of:

[2] OJ C 198, 8.7.1991, p. 1.

* a directory of competent authorities, including 24-hour contact points,

* an inventory of Civil Protection resources available in the Member States.

Through the Manual, a network has been created which enables Member States to contact one other directly or through the Commission. However, the Resolution does not actually require Member States to activate the Community system in the event of a disaster. The system is brought into operation only on the basis of a request from a Member State or a third country facing an emergency.

In the field of accidental marine pollution, a similar system for facilitating mutual assistance, encompassing a dedicated Community Information System, has been operating since the early 1980s.

1.6. There are also several other Community activities related to Civil Protection. These activities are presented in the annex to this memorandum.

2. Present Community arrangements for dealing with emergencies

When a major emergency occurs, and at the request of a Member State or a third country, the current Community Civil Protection system ensures immediate activation of the operational Civil Protection structure on 24-hour call within the Directorate-General for the Environment. This structure is ready to facilitate or coordinate assistance from other Member States to the requesting Member State. Thus relevant expertise and other resources, which can be mobilised promptly and made available, are requested through the established Civil Protection network, consisting of the competent authorities and the Commission services.

For instance, following the Assisi earthquake in 1997 Italy used this operational Civil Protection structure to request shelters for the homeless in Umbria and Marche. Within a few hours, Austria provided shelters for 3 300 persons and other equipment. Several other Member States immediately offered other significant resources.

After the Erika oil spill of December 1999, the Commission seconded, inter alia, a liaison officer, a coordinator and three experts to assist the French authorities, and requests for equipment were sent out to the other Member States.

Another basic function of the operational structure is to collect validated information and disseminate it to the Member States. Experience with recent major incidents underlines the crucial political importance for the Member States of obtaining such information.

3. Experience with the present arrangements

The essential advantage of the current system is its very light structure, the operation of which requires relatively few human and budgetary resources.

However, experience in recent years has shown that the present system lacks the capacity to mobilise significant and sufficient resources from Member States and to coordinate interventions as required. In addition, Member States do not always make sufficient use of the existing structure and the support and coordination potential it offers.

It also appears that Member States have not always been aware of operational resources available in the Member States and which could be provided as assistance, or of the possibility of mobilising these resources at an early stage of the emergency.

Furthermore, in the present system there are real difficulties to set up a joint assistance from several Member States: The operational teams do not know each other, neither they know the techniques used by their colleagues in other Member States. This results on a lack of efficiency when they are called to work together during an emergency.

Finally, communication with a Member State facing a major emergency are always extremely difficult and do not make easy rendering assistance from other Member States.

Accordingly, the current system appears unable to meet the real need for intervention by Member States' teams to be better coordinated. This clearly indicates the need for a significantly reinforced mechanism, as called for at the political level.

4. Proposal for an improved mechanism

4.1. Four major elements have been identified which appear necessary in order to achieve the aims of an improved mechanism, namely:

* Pre-identification of intervention resources. Aim: to identify in advance the intervention teams available within the Civil Protection services of the Member States at very short notice (generally within a time frame of 2-24 hours after the emergency occurs) and which could be mobilised (their composition varying according to the type of emergency and the particular needs in that emergency).

* Training programme to improve response capability. Aim: to set up a training programme to improve the ability of these teams to work jointly and to promote optimum complementarity between them. This programme will encompass joint training courses and exercises, and opportunities for team members to be seconded for short periods to teams in other Member States.

* Assessment and coordination teams. Aim: to establish the capability to mobilise a small assessment and coordination team and dispatch it immediately to the scene in order to improve on-the-scene efficiency and coordination and determine which resources are most appropriate for dealing with the emergency as well as, where appropriate, to liaise with the competent authorities of the country requesting assistance.

* Establishment of a common emergency communication system. Aim: to develop a common operational emergency communication system between the Civil Protection administrations of the Member States and the relevant services of the Commission.

4.2. The abovementioned intervention teams would be the core component of the mechanism. However, in managing emergencies there is always a substantial need for flexibility, and so Member States and third countries should also be given the possibility of requesting other support involving specialised personnel and specific equipment needed to deal with the particular emergency. The Civil Protection authorities in the Member States, but also non-governmental organisations and other relevant entities, could provide these resources. Moreover it will be necessary to rely on a scientific and technical network able to contribute to the assessment of hazards and risks.

5. Emergencies within the Union

In the event of an emergency within the Union, the mechanism will be activated by the Member State facing the emergency. This Member State must notify the emergency and may - if necessary - request assistance from other Member States. Such requests could be made either directly to other Member States or through the 24-hour operational structure of the Environment DG, using the emergency communication system provided for in the present proposal.

The Environment DG's 24-hour operational structure will start acting as soon as the notification is received; it will immediately make an initial assessment of the situation and, where necessary, inform the other Member States. It may then forward requests for teams, equipment or other specialised resources.

The structure may also make an assessment and coordination team available to the Member State facing the emergency. This team will then be able to liaise with the structure and with assisting Member States in order to put together the best joint intervention capability.

It should be stressed that responsibility for decision-making will in all cases remain entirely with the Member States requesting or providing the assistance.

6. Emergencies outside the Union

Following a natural or technological disaster occurring outside the Union, a third country may call for assistance from the Community and/or its Member States. Such requests may be made directly to the Commission or through a Member State or other channels. Following such requests, the Environment DG's operational structure will activate the mechanism and proceed in the same way as for an emergency within the Union to coordinate the intervention of the teams of Member States willing to provide assistance.

Such intervention during the initial phase of a disaster would cover rescue tasks and immediate humanitarian requirements. It would be carried out in close cooperation with European Community Humanitarian Office (ECHO) to ensure a smooth transition to the phase in which the latter can provide humanitarian assistance.

The strengthened Civil Protection mechanism could also contribute to the Union's overall non-military response to crises in third countries under the Common Foreign Security Policy decided on at the Helsinki European Council.

7. Necessary political commitments

Two important political issues have to be resolved to ensure the effectiveness of strengthened EU cooperation in this area, namely:

* a political commitment by Member States to participate in this enhanced European mechanism for coordination of interventions;

* Candidate Countries should also be invited to make a similar commitment to participate in the mechanism.

These issues are fundamental: recent experience with major disasters has shown the technical limitations of the existing system. Only a clear political desire, expressed at the highest level, to use and take advantage of the proposed mechanism will guarantee its long-term effectiveness.

8. Legal basis

Article 2 of the Treaty establishing the European Community states, among other things, that the Community shall have as its task, by implementing the common policies and activities referred to in Article 3, to promote social cohesion and solidarity among Member States. Article 3 1) u of the Treaty says that those activities shall include measures in the sphere of civil protection. Article 308 EC provides therefore the legal basis.

Article 2 of the Treaty establishing the European Atomic Energy Community states in its Article 2 b that in performing its task the Community shall establish uniform safety standards to protect the health of workers and of the general public and ensure that they are applied. In Chapter 3 of the Euratom Treaty provisions are laid down with the aim to protect the health and safety of workers and the general public against the dangers arising from ionizing radiations. In order to attain one of the objectives of the Community the Euratom Treaty has provided for the legal basis in Article 203.

9. Other matters

In addition to consultation of the Economic and Social Committee, this proposal will be submitted to the Committee of the Regions for an opinion, as a mechanism of this type is also of importance to regional and local authorities.

Annex

Overview of other Community activities related to Civil Protection

A brief overview of Community activities in this field is required to explain the background and context of this proposal. Civil Protection can generally be defined as an inter-departmental activity. Its purpose is to ensure the protection of citizens, the environment and property. It encompasses the following four main phases:

* Prevention of accidents;

* Preparedness for immediate response;

* Response to emergencies;

* Restoration measures after disasters

Aside from the Community systems described above for facilitating mutual assistance, the core elements of the EU's present general activities of significance to Civil Protection come under three headings:

* Civil Protection: on 9 December 1999 the Council adopted a five-year (2000-2004) Community Action Programme in the field of Civil Protection [3]. This is not intended to replace the Member States' own efforts in this field, but rather, in accordance with the principle of subsidiarity, to support and to supplement them. The Programme's two main priorities are prevention of disasters and public information. Various other actions are also provided for, such as workshops, exchanges of experts, and exercises, with a view to improving the degree of preparedness in the Community and sharing experience.

[3] Council Decision 1999/847/EC, OJ L 327, 21.12.1999, p. 53.

* Accidental Marine Pollution: Community cooperation in this field has been developing since 1978. A European Parliament and Council Decision setting up a consolidated seven-year (2000-2006) Community Framework for Cooperation in the field of accidental marine pollution should soon be finalised (Dossier inter-institutionnel 98/0350(COD)). The actions to be implemented within this framework include training courses, pilot projects to improve clean-up techniques and the establishment of a Community Information System. The overall purpose of Community action in this field is to contribute to and support the efforts made by Member States to improve their capacity to respond to marine pollution incidents.

* Seveso II: Council Directive 96/82/EC [4] on the control of major-accident hazards ("Seveso II" Directive) is intended to prevent major-accident hazards involving dangerous substances and limit their consequences for man and the environment. It introduced new requirements relating to safety management systems, emergency planning and land-use planning as well as provisions on inspections to be carried out by Member States.

[4] OJ L 10, 14.01.1997, p. 13.

Many other Commission policies include initiatives which also contribute to the aims of Civil Protection, (i.e. protection of citizens, the environment and property), as in the following areas:

* Radiation protection: Council Decision 87/600/Euratom [5] on the early exchange of information in the event of a radiological emergency. The ECURIE 24-hour system is regularly tested with Member States' contact points, and technical developments are made with support of the Joint Research Centre in Ispra. In addition, Council Regulation (Euratom) No 3954/87 [6] requires the Commission, if necessary, to adopt immediately the maximum permitted level of radioactive contamination of food and feedingstuffs.

[5] OJ L 371, 30.12.1987, pp. 76-78.

[6] OJ L 281, 14.10.1988, p. 55.

* Structural Funds: Another important element of Community action in the field of Civil Protection is the substantial financial support given to regions which may be affected by disasters, whenever the areas are covered by the objectives of the Structural Funds. Programmes co-financed by the Structural Funds allow room for manoeuvre in the event of emergency situations. Various options have been taken in the past to deal with natural disasters. It is possible to request financial transfers between different measures within a single programme or between different programmes in the same Member State, though this option is only available in certain circumstances. The new guidelines for programmes to be co-financed by the ERDF in the framework of the INTERREG III Community Initiative explicitly include Civil Protection and disaster prevention. Preventive action such as this is provided for both in the cross-border cooperation part and in the transnational cooperation part of the INTERREG III Community initiative.

* Enterprise: Council Directive 89/106/EEC [7] on construction products aims to ensure that the performance of such products allows buildings and other construction works to satisfy essential requirements, including mechanical stability, fire safety and safety in use. Finance and support are provided for related standardisation activity and the development of European structural design codes (Eurocodes), taking into account inter alia the behaviour of constructions in the event of natural hazards, such as fire, seismic activity and snow loads.

[7] OJ L 40, 11.02.1989, p. 12.

* Agriculture: Council Regulation (EEC) No 2158/92 of 23 July 1992 [8] on protection of the Community's forests against fire underpins the efforts of the Member States to prevent forest fires, while ensuring at the same time that forestry measures with support from other sources, such as rural development in areas subject to fire risk, are linked to protection systems through the implementation of integrated forest-fire protection plans. In addition, this Regulation has enabled a Community Information System on forest fires to be set up, whereby information can be exchanged between international/supranational organisations acting in this field.

[8] OJ L 217, 31.07.1992, p. 3.

* Energy and Transport: Concerning safety in the field of road transport, related Community legislation takes the form of various policy and technical measures. There are social provisions which cover standards for gaining a driving licence, rules on driving times and rest hours for commercial vehicle drivers as well as the requirement to wear seatbelts. In terms of technical measures there is roadworthiness testing and there are many vehicle type approval safety standards. There are also standards for the carriage of dangerous goods, limiting the maximum speed, weights and dimensions of heavy commercial vehicles. Major efforts are also taken to improve road safety culture. A Communication on Road Safety was adopted recently. Activities on maritime safety aim to prevent accidents from happening and to protect lives, the environment and the safety of navigation. A particular emphasis has been given to oil tanker safety, especially with the adoption by the Commission of a package of proposals to prevent disasters like the Erika one. As part of the "Galileo initiative", the Commission is preparing future Community action which will have substantial impact on the organisation of search and rescue services, especially the location of victims of accidents. The same may hold true for the preparation of some Community legislation in the context of the "Single European Sky". Regarding safety in the nuclear sector, responsibilities rest primarily with Member States' national organisations. International conventions exist covering early notification and assistance in case of nuclear accident or radiological emergency.

* Research: Under the fifth Framework Programme, through the Generic Activities section of the Environment Research Programme, support is being provided for projects dealing with the fight against major natural and technological hazards. Natural hazard priorities include seismic risks, floods and hydrogeological risks, volcanic hazards and forest fires. Activities relating to technological hazards are focusing on the understanding of processes, and the assessment, forecasting, mitigation and management of risks relating to the operation of man-made structures and industrial plants.

* Joint Research Centre: Under the fifth Framework Programme, the Joint Research Centre has already provided scientific and technical support for Community cooperation on Civil Protection, including monitoring of floods and forest fires, establishment of the Community disaster information exchange system, decision-support techniques, risk assessment, prevention of technological disasters and environmental quality assessment. The Joint Research Centre can also provide technical support in relation to natural and technological disasters, including risk assessment and preventive measures.

* Information society: The Trans-European Telecommunications Networks (TEN-Telecom) programme supports projects in the field of risk and emergency management, such as flood management, forest fires, earthquakes, industrial risk management, sea ice and coastal water monitoring, and supervision of unattended points. The IST programme supports projects relating to environmental protection and demining, as well as implementation of the Council Decision of 29 July 1991 on the introduction of a single European emergency call number (112). [9] A coordination group of representatives from industry and the emergency authorities was recently set up to investigate access for the emergency services to location information relating to emergency calls.

[9] OJL 217, 6.8.1991, p. 31.

* Education and Culture: Various projects have a bearing on Civil Protection, in particular under the Leonardo programme and in the framework of the European Voluntary service.

* External Relations: In the framework of the Common European Security and Defence Policy, the Union is developing a capability in non-military crisis management. The Community, through the Commission, is already playing a conspicuous external political role through a wide range of instruments of diverse purpose and aimed at various regions. The Commission's capability to deal promptly and efficiently with threatened and actual crises will involve wide-ranging adaptation of existing instruments. The Commission proposal for a Rapid Reaction Facility now under consideration within the Council will support first-pillar actions relating to crisis prevention and management and requiring urgent financing not possible under current budgetary practice. The Rapid Reaction Facility and the new Crisis Management Unit being established within the Commission should be considered as only two, mutually supporting, components. This will also entail further measures, including new strategic thinking on how to promote proactive contribution from the Commission and increase the latter's visibility in security-related matters. The ACP-EC Partnership Agreements contain specific clauses and financing possibilities for disaster prevention and emergency assistance.

* Health and Consumer protection: The action programme on injury prevention will contribute to public health activities, which seek to reduce the incidence of injuries. In addition, an inter-service group has been established for matters concerning hotel fire safety. A report on hotel fire safety is envisaged before the end of the year 2000. Fire safety aspects will be examined as part of the safety of certain services, within the activities on service safety announced by the Commission in the Consumer Policy Action Plan 2000-2001.

* ECHO: ECHO is one of the world's leading donors of humanitarian assistance outside the European Union. In recent years it has spent annually a total of EUR 500 to 800 million in over 60 countries. Humanitarian assistance for the victims of natural catastrophes in third countries amounted to EUR 64 million in 1999. ECHO's disaster preparedness programme ("DIPECHO") finances pilot projects in several disaster-prone regions of the world. It is based on Regulation (EC) No 1257/96 on humanitarian aid, which stipulates that one of the principal objectives of humanitarian aid operations is "to ensure preparedness for risks of natural disasters or comparable exceptional circumstances and use a suitable rapid early-warning and intervention system" (Article 2(f)). DIPECHO has a budget of EUR 7.5 million in 2000. With a view to enhancing its early warning capacity, ECHO is currently developing an Internet-based information system to systematically monitor disaster-prone areas world-wide. By analysing carefully selected specialist Internet sites, satellite imagery services and databases, the system will provide a daily analysis of the state of the world with respect to potential disasters.

* Justice and Home Affairs: Police involvement in Civil Protection activities concerns victim identification by forensic experts, as well as matters of public order and security. In addition, civilian police will be an important component of the abovementioned non-military crisis management capability. Police cooperation issues are covered by the Treaty on European Union, which gives the Commission corresponding responsibilities.

2000/0248 (CNS)

Proposal for a COUNCIL DECISION Establishing a Community mechanism for the coordination of Civil Protection intervention in the event of emergencies

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article Article 308 thereof, and to the Treaty establishing the European Atomic Energy Community, and in particular Article 203 thereof,

Having regard to the proposal from the Commission [10],

[10] OJ C , , p. .

Having regard to the opinion of the European Parliament [11],

[11] OJ C , , p. .

Having regard to the opinion of the Economic and Social Committee [12],

[12] OJ C , , p. .

Having regard to the opinion of the Committee of the Regions [13],

[13] OJ C , , p. .

Whereas:

(1) While action by the Community to implement the Resolution of 8 July 1991 on improving mutual aid between Member States in the event of natural or technological disaster has helped protect people, the environment and property, the need is now to ensure even better protection in the event of natural, technological and environmental emergencies, including accidental marine pollution, occurring both inside and outside the European Union, and to strengthen the provisions of the Resolution.

(2) The United Nations Economic Commission for Europe (UN/ECE) Convention on the Transboundary Effects of Industrial Accidents, which contains provisions on matters such as prevention, emergency preparedness, public information and participation, industrial accident notification systems, response and mutual assistance, entered into force on 19 April 2000. The Convention was approved by the Community via the Council Decision of 23 March 1998 [14].

[14] OJ L 326, 3.12.1998, p. 1.

(3) The mechanism now being proposed supplements the Community Action Programme in the field of Civil Protection by making support available in the event of an emergency. It will facilitate a coordinated assistance interventions and the mobilisation of intervention teams, expertise and other resources, as required, through a reinforced Community Civil Protection structure and network of Member States' national contact points. It also provides an opportunity for collecting validated emergency information and disseminating it to the Member States.

(4) The mechanism will duly take into account the relevant European Community legislation and international commitments.

(5) In the event of a serious emergency within the Union, or imminent threat thereof, which causes or is capable of causing transboundary effects or which may result in a call for assistance from one or more Member States, there is a need for relevant notification through an established emergency communication system.

(6) Preparatory measures need to be taken at Community level to enable assistance intervention in emergencies to be mobilised and coordinated with the requisite flexibility and to ensure the effective response capability and complementarity of intervention teams and other resources, as appropriate.

(7) In accordance with the principle of subsidiarity, a Community mechanism provides an added value in supporting and supplementing national policies in the field of mutual Civil Protection assistance. Such a mechanism should make it possible to mobilise and co-ordinate assistance interventions in order to reduce loss of human life, injury, material damage and economic and environmental damage thereby making achievement of the objectives of social cohesion and solidarity more tangible.

(8) The isolated and outermost regions of the Union have special characteristics owing to their geography, terrain and social and economic circumstances. These have an adverse effect and create particular needs for assistance in the event of major emergency. The present Community mechanism will also allow to better respond to these needs.

(9) There is a need to improve transparency and to consolidate and strengthen the various existing Civil Protection actions in continued pursuit of the objectives of the Treaty.

(10) The measures necessary for the implementation of this instrument shall be adopted in accordance with Council Decision 1999/648/EC of 28 June 1999 [15] laying down the procedures for the exercise of implementing powers conferred on the Commission.

[15] OJ L 184, 17.7.1999, p.23

(11) Use of the same Committee for the present Community mechanism as for the existing Community Action Programme in the field of civil protection should ensure consistency and complementarity.

(12) The Treaty establishing the European Community and the Treaty establishing the European Atomic Energy Community do not provide powers for adopting this Decision other than those respectively of Article 308 and 203,

HAS ADOPTED THIS DECISION:

Article 1

1. A Community mechanism for Civil Protection intervention in the event of serious emergencies, or the imminent threat thereof, which may require urgent response action (hereinafter the "mechanism") is hereby established.

2. The mechanism is intended to help ensure better protection of people, the environment and property in the event of natural, technological and environmental emergencies, including accidental marine pollution, occurring inside or outside the European Union. The general purpose of the mechanism is to provide support in the event of emergencies and to facilitate coordinated assistance intervention.

3. The mechanism consists of a series of actions including:

* The identification of resources available for coordinated assistance intervention in the event of emergencies;

* The setting-up of a training programme;

* The establishment of assessment and coordination teams;

* The establishment of an emergency communication system.

Article 2

1. In the event of a serious emergency within the Community, or imminent threat thereof, which causes or is capable of causing transboundary effects or which may result in a call for assistance from one or more Member States, the Member State in which the emergency has occurred shall, without delay, notify:

(a) those Member States which may be affected by the emergency, and

(b) the Commission, in order that the latter may, as appropriate, inform the other Member States and activate its competent services.

2. Such notification shall be made through the emergency communication system.

Article 3

To ensure their capability for effective intervention response in the event of an emergency, Member States shall:

(a) within their Civil Protection services, identify in advance intervention teams which are available or could be established for intervening abroad at very short notice, generally within a time frame of 2-24 hours following a request for assistance, taking into account that team composition should depend on the type of emergency and on particular needs in that emergency;

(b) provide this information to the Commission, within six months from the adoption of the present decision, and then provide timely any updating on this information;

(c) consider the possibility of also providing, as required, other intervention support, such as specialised personnel and equipment to deal with a particular emergency, including resources provided by non-governmental organisations and other relevant entities.

Article 4

With a view to well coordinated Civil Protection intervention in the event of an emergency and to ensure compatibility and complementarity between teams, the Commission shall:

(a) set up a training programme for intervention teams, to include joint courses and exercises and an exchange system whereby individuals may be seconded to teams in other Member States;

(b) establish the capability to mobilise small assessment and coordination teams and dispatch them immediately to the scene to render the intervention more effective and, where appropriate, to liaise with the competent authorities of the country requesting assistance.

(c) set up a programme for the evaluation and dissemination of lessons learned;

Article 5

1. Where an emergency occurs within the Community, a Member State may request assistance:

(a) through the competent Commission services. Upon receiving such a request the Commission shall, as appropriate and without delay:

- forward the request through the network of Member States' national contact points;

- facilitate the mobilisation of teams, expertise and other intervention support;

- collect validated information on the emergency and disseminate it to the Member States.

(b) directly from other Member States.

2. Any Member State to which a request for assistance is addressed shall promptly decide, and inform the requesting Member State, directly or through the competent Commission services, whether it is in a position to render the assistance required and shall indicate the scope and terms of any assistance it might render.

3. The fundamental principles of assistance intervention within the Community are set out in the Annex to this Decision.

4. The provisions of this Article may also, upon request, be implemented in respect of interventions outside the Community.

Article 6

The mechanism shall be open to participation of:

- The candidate countries of Central and Eastern Europe (CCECs), in accordance with the conditions established in the Europe Agreements, in their additional protocols, and in the decisions of the respective Association Councils,

- Cyprus, Malta and Turkey on the basis of bilateral agreements to be concluded with these countries.

Article 7

The Commission shall implement the actions related to the mechanism in accordance with the procedures provided for in Article 8.

Article 8

1. Where reference is made to this article, Articles 4 and 7 of Decision 1999/468/EC shall apply. The period laid down in Article 4 (3) of Decision 1999/468/EC shall be set at three months.

2. The Commission shall be assisted by the same management committee as that which has been set up by the Council Decision of 9 December 1999 establishing a Community action programme in the field of civil protection [16].

[16] OJ L 327, 21.12.1999, p. 53

3. For the implementation of this Decision, the Commission shall establish common rules, particularly on the following matters:

(a) The identification of resources available for coordinated assistance intervention in the event of emergencies;

(b) The setting-up of a training programme;

(c) The establishment of assessment and co-ordination teams;

(d) The establishment of an emergencycommunication system;

as well as concerning the leadership of assistance intervention, taking into account traditional links between States; or the specialisation of teams, i.e. in certain disciplines or to deal with certain risks.

Article 9

Costs relating to actions laid down in Article 1 (3) will be fully covered by Community financing.

Article 10

The Commission shall evaluate the implementation of this Decision every third year from its entry into force.

Article 11

This Decision shall enter into force on 1 July 2001.

Article 12

This Decision is addressed to the Member States.

Done at Brussels,

For the Council

The President

ANNEX

Fundamental principles of assistance intervention within the Community [17]

[17] These principles will be applicable also to Candidate Countries which will participate in the mechanism

1. Assistance must generally take the form of the prompt dispatch of intervention teams, supplied with equipment and aid material, to the locality affected, for the rescue and protection of persons and the protection of property, including cultural heritage, and the environment.

2. Intervention teams must be logistically independent and be self-sufficient in situ for at least 48 hours. Thereafter, on the exhaustion of their stores, all supplies of means of subsistence to intervention teams and the normal replenishment of their equipment must be carried out by the Member State requesting assistance.

3. The Member State requesting assistance will be responsible for directing assistance interventions. The authorities of the Member State requesting assistance must lay down guidelines and if necessary define the limits of the tasks entrusted to the intervention teams, without giving details of their execution, which are to be left to the person assigned by the Member State offering assistance.

4. The Member State requesting assistance must take the measures necessary to ensure the safety of members of the intervention team of the Member State offering assistance.

5. In order to provide effective assistance, intervention teams must be given access to all places where their cooperation is required, as indicated by the authorities in charge of the operation. The Member State requesting assistance must ensure that the necessary means of assistance are deployed and communications provided.

6. The Member State requesting assistance must examine procedures for the rapid issue of the necessary permits, in particular for exceptional transport operations, and must also study arrangements for the free use of infrastructure where transit dues, tolls, port dues or airport taxes are levied.

7. In order to ensure the speed and efficiency of assistance interventions, the Member State requesting assistance and, where appropriate, the Member States of transit must endeavour to reduce to a minimum border checks and formalities for intervention teams, their equipment and the aid material they need to carry out their assignment, including medical equipment and medicinal products.

To this end, a comprehensive certificate describing the mission and the composition of the intervention team, issued by the authorities of the Member State offering assistance, together with a complete list of its equipment and the aid material being sent, must be produced if at all possible at the time of entry into the territory of the Member State concerned or at the latest one month after the date of entry.

Each Member State must authorise aircraft from the other Member States taking a direct part in the assistance interventions or transporting equipment to fly over its territory and to land and take off at predetermined places. The flights must be organised and carried out in accordance with the rules on navigation and the use of airspace applicable in the relevant Member State.

8. In the absence of any arrangement to the contrary between the Member States concerned, such as bilateral agreements, the cost of the assistance provided by the Member State offering assistance is to be borne by the Member State requesting assistance.

Member States may, bearing in mind in particular the nature of the disaster and the extent of the damage suffered by the Member State requesting assistance, offer assistance entirely or partially free of charge.

The Member State offering assistance may also waive all or part of the reimbursement of its costs at any time.

For the duration of the assistance interventions, the Member State requesting assistance must house and feed the intervention teams from the Member State offering assistance, and if their supplies and provisions run out the Member State requesting assistance must replenish them at its own expense.

9. Except in the case of duly proven fraud or serious misconduct, Member States must refrain from making any request for compensation from other Member States for damage caused to their property or service staff where such damage is the consequence of assistance interventions provided in accordance with this Decision.

In the event of damage suffered by third parties as the result of assistance interventions, the Member State requesting assistance and the Member State offering assistance are to cooperate to facilitate the compensation of such damage.

10. On completion of the assistance interventions, the Member State offering assistance and the Member State requesting assistance must provide the Commission with a report on the emergency which occurred and the measures taken. The Commission must inform the other Member States thereof.

FINANCIAL STATEMENT

1. Title of operation

Proposal for a Council Decision establishing a Community mechanism for the coordination of Civil Protection intervention in the event of emergencies.

2. Budget heading involved

B4-3300

3. Legal basis

Article 308 of the EC Treaty and Article 203 of the Euratom Treaty

4. Description of operation

4.1. General objective

The general purpose of the mechanism will be to provide support in the event of emergencies and to facilitate coordinated assistance intervention. Within the mechanism the Commission will facilitate the mobilisation of intervention teams, expertise and other intervention support. Such resources, which can be mobilised immediately and made available, can be requested through the competent Commission services and the Civil Protection network of Member States' contact points.

Four major elements are necessary in order to achieve these aims through an improved mechanism, namely:

* The identification of resources available for coordinated assistance intervention in the event of emergencies;

* The setting-up of a training programme;

* The establishment of assessment and coordination teams;

* The establishment of an emergency communication system.

Intervention teams will be the core instrument of the mechanism. However, in managing emergencies there is always a substantial need for flexibility, and so Member States and third countries will also be given the possibility of requesting other support, including specialised personnel and particular equipment needed to deal with the particular emergency. The Commission will establish the capability to mobilise small assessment and coordination teams and dispatch them immediately to the scene to make the intervention more effective.

Candidate countries will be invited to participate in the improved Community mechanism.

4.2. Period covered and arrangements for renewal

The Community mechanism for Civil Protection intervention in the event of emergencies is established on a permanent basis.

5. Classification of expenditure or revenue

5.1. Non-compulsory expenditure

5.2. Differentiated appropriations

5.3. Type of revenue involved

The maximum amount provided for this mechanism is EUR 1.5 million annually.

6. Type of expenditure or revenue

Expenditure relating to Commission actions under this Community mechanism will be fully covered by Community financing.

The costs involved are:

* Cost of expertise, including fees, travel and subsistence expenses; cost of hiring or using equipment; cost of networking the relevant departments in the Community; cost of descriptive analyses; cost of economic and statistical analyses; cost of joint courses and exercises for intervention teams, of an exchange system enabling team members to serve in teams of other Member States and of the evaluation and dissemination of lessons learned; cost of translation and editing as well as expenditure on evaluation of the programme. In addition, annual expenditure on the communications network, as from 2003 when it is expected to become operational, is estimated at EUR 150 000, based on that network using the IDA-funded Trans-European Services for Telematics between Administrations (TESTA) infrastructure.

* Cost of providing expertise as operational support in response to emergencies and of facilitating assistance involving other resources; expenditure on the round-the-clock stand-by service.

7. Financial impact

7.1. Method of calculating total cost of operation (relation between individual and total costs)

The cost of individual activities or actions varies according to the type of activity or action, the way it is organised and, generally, the number of participants. An annual budget of EUR 1.5 million is planned for the various actions. A tentative breakdown of the expenses is as follows.

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7.2. Itemised breakdown of cost

Commitment appropriations EUR million (at current prices)

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7.3. Operational expenditure for studies, experts, etc. included in Part B of the budget

Commitment appropriations EUR million (at current prices)

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7.4. Schedule of commitment and payment appropriations

Million EUR

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8. Fraud prevention measures

- Payments under the contracts or declarations by the beneficiaries will be made on the basis of actual expenditure following verification by the Commission services;

- An estimate of expenditure will be requested before the contract or declaration by the beneficiary is signed;

- The Commission's contract services will request and check supporting documents before payment is made;

- Contracts or declarations by the beneficiaries will provide for on-the-spot inspections (regular auditing).

9. Elements of cost-effectiveness analysis

9.1. Specific and quantified objectives; target population

The specific objectives will be attained by the following actions:

* Mobilisation of expertise to intervene in the event of an emergency situation in order to reinforce the system set up by the authorities of a Member State or a third country facing a natural or technological emergency, by providing assistance in assessing the situation and coordinating the intervention teams;

* Joint training for interventions;

* Joint exercises;

* Opportunities for team members to serve on an exchange basis in teams of other Member States.

The target population are the personnel of the relevant public authorities at various levels (local, regional and central) and organisations or other bodies which could participate in Civil Protection interventions in the event of natural, technological or environmental emergencies, including accidental marine pollution.

9.2. Grounds for the operation

A strengthened structure or mechanism will ensure better protection of people, the environment and property in the event of natural, technological and environmental emergencies, including accidental marine pollution. A well-consolidated and integrated mechanism would make it possible to avoid gaps or delays in taking necessary actions. Furthermore, the introduction of more effective cooperation and coordination, including of Member States' assistance, could provide considerable improvement of interventions. The purpose of the mechanism will be to take preparatory measures so that it is possible to mobilise and coordinate assistance intervention needed in any given emergency, taking into account the need for flexibility in ensuring the timely and effective response capability of intervention teams.

9.3. Monitoring and evaluation of the operation

Actions to ensure the capability of intervention teams, and which are to be financed, will be submitted for an opinion to the Committee referred to in Article 8 of the proposed Decision.

The proposed Decision requires the Commission to evaluate the implementation of the Decision every third year from its entry into force.

10. Administrative expenditure (Section III, Part A of the budget)

Actual mobilisation of the necessary administrative resources will depend on the Commission's annual decision on the allocation of resources, taking into account the number of staff and additional amounts authorised by the budgetary authority.

10.1. Effect on the number of posts

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If additional resources are required, indicate the pace at which they will have to be made available.

10.2. Overall financial impact of additional human resources

EUR

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The amounts given must express the total cost of additional posts for the entire duration of the operation, if this duration is predetermined, or for 12 months if it is indefinite.

10.3. Increase in other administrative expenditure as a result of the operation

EUR

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The amounts given must correspond to total expenditure arising from the operation if its duration is predetermined or expenditure for 12 months if it is indefinite.