Proposal for a Council Decision establishing a Community action programme in the field of civil protection (1999/C 28/07) COM(1998) 768 final - 98/0354(CNS)

(Submitted by the Commission on 16 December 1998)

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 actions taken by the Community in this field since 1985 have made it possible progressively to develop cooperation between the Member States; whereas the resolutions adopted since 1987 (1) and the Council Decision of 19 December 1997 (2) establishing a Community Action Programme in the field of Civil Protection constitutes the basis for this cooperation;

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;

Whereas the Community programme of policy and action in relation to the environment and sustainable development (3) 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;

Whereas the Community Action Programme will continue to help to develop cooperation in this field even more effectively; whereas the programme should be based to a large extent on experience already gained in this field;

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 and economic and environmental damage throughout the Community;

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;

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;

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 will assist the Commission in managing the action programme;

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;

Whereas the Treaty does not provide, for the adoption of this Decision, powers other than those of Article 235,

HAS ADOPTED THIS DECISION:

Article 1

1. A Community action programme in the field of civil protection (hereinafter called 'the programme`) is hereby established for the period 1 January 2000 to 31 December 2004.

2. The programme is intended to support and supplement Member States' efforts at national, regional and local levels for the protection of persons, environment and property in the event of natural and technological disasters. The aim is also to facilitate cooperation 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 involved in civil protection in the Member States, in order to increase their ability to respond to an emergency;

c) contribution to improving techniques and methods of response and rehabilitation after emergencies;

d) 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 competent authorities at national, regional and local level in the Member States.

4. 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.

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

Article 4

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.

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 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.

(1) 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.

(2) OJ L 8, 14.1.1998, p. 20.

(3) OJ C 138, 17.5.1993, p. 5.

ANNEX

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