Amended proposal for a COUNCIL DECISION establishing a Community action programme in the field of civil protection
Date: 1996-05-08
Institutions: European Commission
Subjects: European cooperation, action programme, civil defence, environmental protection, environmental risk prevention

COMMISSION OF THE EUROPEAN COMMUNITY CO 

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Brussels,08.05  1996 
COM(%)2l9  final 

95/ 0098 (CNS) 

Amended  proposal  for a 

COUNCIL  DECISION 

establishing 
a  Community  action programme  in the field of civil  protection 

(presented  by the Commission  pursuant  to Article  189 a (2) 
of the  EC-Treaty) 

EXPLANATORY  MEMORANDUM 

Pursuant  to  Article  189  (a)  paragraph  2  of  the  EC  Treaty,  the  Commission  submits  an 
amended  proposal  for  a  Council  Decision  establishing  a  Community  action  programme 
in  the  field  of  civil  protection.  The  amended  proposal  takes  account  of  a  number' of 
amendments  from  the  European  Parliament,  adopted  at  its  April  1996  Plenary  Session. 

Several  amendments  aim  at clarifying  the nature and the objectives  of the proposed  action 
programme.  Most  of them  are  incorporated  in the  amended  proposal  (recitals  2a; 4;  6;  8; 
art.  3,  2(b);  annex:  points  A.l  and  2;  annex:  point  B),  namely  amendments  2  (second 
part),  3, 4  (second  part),  6,  7,  11,  20  (second  and  third  parts), 21  (first  part)  and  23  (first 
part). 

Because  the original  Commission's  proposal  takes  into account  the progressive  setting  up 
of  the  Community  cooperation  in  the  field  of  civil  protection,  the  amendments  2  (first 
part)  and  4  (first  pari)  arc  not  accepted. 

Amendment  1, referring  to  the  Fifth  Action  programme,  in  fact  duplicates  with  recital  3 
of  the  original  proposal  and  is  therefore  not  accepted. 

scope  of  the  programme  by  bringing  positive 
Some  other  amendments  enlarge  the 
additional  elements  to  the  objectives  as  well  as  the  criteria  for  actions  to  be  developed. 
These  amendments  -  namely  amendments  8,  9,  10  (with  the  exception  of  the  reference 
to  cessation  or  closure  of  the  activity  or  installation  which  are  not  part  of  the 
programme),  12,  13,  15  (first  part),  22  (second  part),  23  (fourth  and  fifth  parts)  -  are 
integrated  in the  amended  proposal  (art.  1; art.  3, 2(a), (c) and  (d); art.  3, 4;  Annex:  point 
A.3  and  point  B).  However,  amendment  8  (third  part)  which  adds  the  coordination  of 
regional  and  subregional  potential  when  combating  major  disaster  cannot  be  accepted. 
Indeed,  the Community  action  programme  does  not aim  at coordinating  but at  supporting 
efforts  which  are developed  within  the  Member  States. In the  same  spirit,  amendment  22 
(first  part)  cannot  be  accepted  because  the  objective  of  the  Community  simulation 
exercises  is  not  to  evaluate  but  to  back  up  progress  in  national  civil  protection  systems. 

Several  amendments  aim  at  introducing  a  reference  to  the  specificity  of  the  Union's 
isolated  and  ultraperipheral  regions  and  to  the  role  to  be  played  by  organizations  or 
bodies  specializing  in the civil  protection  domain.  These  amendments  (amendments  5,  14 
(part  1 and  2),  15  (part  2),  21  (part  4)  and  23  (part  2)  -  are  partly  incorporated  in  the 
amended  proposal  (recitals  4a  and  5;  art.  3,  3;  Annex:  point  A.2  and  point  B)  because 
they  bring  a  new  and 
to  the  action  programme.  However, 
amendment  14  part  3  cannot  be  accepted:  this  amendment  requests  the  Commission  to 
investigate  the  possibility  of  presenting  a  scheme  of  specific  measures  for  these  regions 
in conjunction  with  third  countries. Such  specific  measures are not envisaged  in the  frame 
of  the  proposed  action  programme,  except  when  this  is  requested  in  the  context  of  the 
opening  of  Community  programmes  on  the  basis  of  Europe  Agreements  or  relevant 
Additional  Protocols  thereto. 

important  dimension 

As  far  as  amendment  25  is  concerned,  the  possibility  for  a  Non  Governmental 
Organization  (NGO)  to  request  the  Commission's  support  for  the  mechanisms  set  up  by 
a  NGO  in  case  of  a  disaster  inside  or  outside  of  the  Union  cannot  be  accepted  because 
such  organizations  have  not  been  notified  as  competent  authorities  (Resolution  of  the 

Council  and  of  the  representatives  of  the  governments  of  the  Member  States,  meeting 
within  the  Council  of  8  July  1991  on  improving  mutual  aid  between  Member  States  in 
the  event  of  natural  or  technological  disaster  -  OJ  n°  C  198  of  27.7.1991, p  1-3). 

Amendments  referring  to  comitology  and  changing  in  this  respect  the  original  proposal 
of  the  Commission  (amendments  16,  17,  18,  27  and  28)  are  not  acceptable  because  they 
are  not  in  accordance  with  the  Council  Decision  of  13  July  1987  laying  down  the 
procedures  for  the  exercise  of  implementing  powers  conferred  on  the  Commission  (OJ  -
L  197  of  18.7.1987,  p.  33-35)  or  because  they  intend  to  limit  these  powers. 

As  far  as  the  evaluation  of  the  implementation  of  the  action  programme  is  concerned, 
amendment  19  (second  part)  and  amendment  31  (first  part)  can  be  accepted  (art.  5) 
because  it  is  considered  that  the  transmission  of  this  evaluation  also  to  the  European 
Parliament  improves  the  process.  The  fact  that  this  evaluation  will  be  transmitted  for 
information  to  the  Committee  mentioned  in  article  4  is  considered  as  sufficient  as  far  as 
transparency  is  concerned.  Article  31  (part  2)  is  therefore  not  accepted.  As  far  as  the 
rhythm  of  evaluation  is  concerned  (amendment  19  -  part  1),  the  original  proposal 
foreseeing  a  rhythm  of  three  years  is  maintained. 

Finally,  some  amendments  concern 
the  action  programme. 
Amendment  21  (part  5)  is  not  accepted  nor  23  (part  3)  because  they  request  100% 
funding  while  it  is considered  that  a shared  cost  approach  contributes  to  increase  the  co-
responsibility  of  partners.  Amendment  24  (part  2)  can  be  accepted  (Annex:  point  C). 

financial  aspects  of 

Amended  proposal  for a 

COUNCIL  DECISION 

establishing  a Community  action  programme  in the field of civil  protection 

(presented  by the  Commission  pursuant  to Article  189 a paragraph  2 of the EC  Treaty) 

Commission  proposal 

Amended  proposal 

Recital  2 a (new) 

Whereas  a  better  consideration  for  the 
environmental  aspects  can  contribute  to 
prevent  many  disasters, 
in  particular 
natural  disasters  such as floods: 

Recital 4 

of 

the 

establishment 

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

of 

the 

establishment 

Whereas 
a 
Community action programme will help to 
develop cooperation in this field even more 
effectively 
the 
resolutions  adopted  since  1987:  whereas 
such  a  programme  should  be  based  to  a 
large extent on and should  further  develop 
experience  already  gained  in this field; 

further  develop 

and 

Recital  4 a (new) 

Whereas  the  geography,  landscape  and 
social  and  economic  characteristics  of  the 
Union's isolated and ultraperipheral regions 
affect  and  impede  the  bringing  in  of  aid 
and  means  in cases of major  risk: 

Recital 5 

to 

action 

prepare 

involved 

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

other 

to 

other 

action 

prepare 

involved 

those 
Whereas 
in  civil 
responsible  for  and 
and 
environmental 
protection 
emergencies 
in  the  Member  States  is 
important, in order to increase their degree 
of preparedness;  whereas organizations or 
bodies  other  than  public  authorities  play 
often  a  major  role  in  civil  protection  and 
should therefore be given the possibility to 
take part  in the programme: 

Recital  6 

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

Whereas  it  is  also  important  to  undertake 
practical  action  targeted  at  the  general 
public  so  as  to  help  European  citizens  to 
protect  themselves  more  effectively  and 
with  greater  solidarity  in  the  event  of  any 
disaster  or  emergency  and  increase  their 
regards 
shared 
environmental  protection  and  awareness  of 
health  hazards  which  could  arise 
from 
specific  disasters,  such  as  the  accidental 
release  of  toxic  materials:  whereas  such 
action 
corresponding 
support 
activities  in  the  Member  States: 

responsibility 

should 

as 

Recital  8 

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 
the 
Community; 

throughout 

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 
the 
Community, thus making more tangible the 
goals  of  social  cohesion,  solidarity  and 
European  citizenship: 

throughout 

Article 

of 

civil 

protection, 
emergencies, 

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

the  arrangements 

of 

civil 

protection, 
emergencies, 

A  Community  action  programme  in  the 
including 
field 
environmental 
is  hereby 
established.  The  action  making  up  the 
programme  and 
for 
granting  Community  financial  support  are 
set  out  in  the  Annex. 
This  action  seeks,  inter  alia,  to  enhance 
exchanges  of  experiences  at  all  levels. 

the  arrangements 

Article  3, 2  a)  b)  c) 

to 

increasing 

This  individual  action  shall  be  selected 
primarily  on  the  basis  of  the  following 
criteria: 
(a)  contribution 

the 
degree  of  preparedness  of  those 
involved  in  civil  protection  in  the 
Member  States,  in order  to  increase 
their  ability 
to  an 
emergency; 
(b)  c o n t r i b u t i on 
techniques 
response:  pilot  projects; 

improving 
of 

and  methods 

respond 

to 

to 

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

2.  This  individual  action  shall  be  selected 
primarily  on  the  basis  of  the  following 
criteria: 
(a)  contribution  to  the  prevention  of 
natural  and  technological  disasters: 
inter  alia  by  introducing  the  risks 
of  disaster  in  the  environmental 
impact  assessment  and  taking  any 
preventive  measures  required  and 
by  studying  the  causes  of  disasters 
and  publishing  the  results  of  these 
studies: 
(b)  contribution 

to 

increasing 

the 
degree  of  preparedness  of  those 
primarily  responsible  for  and  most 
directly  involved  in  civil  protection 
in  the  Member  States  at  all  levels, 
in  order  to  increase  their  ability  to 
respond  to  an  emergency; 

and 

procedures 

by  m e a ns 

(c)  contribution  to  improving  means 
and  methods  of  forecasting  and 
of 
techniques 
r e s p o n se 
of 
demonstration  and  pilot  projects; 
(d)  contribution  to  public  information, 
education  and  awareness,  so  as  to 
help  citizens  to  protect  themselves 
more effectively  and show a  greater 
sense  of  shared  responsibility. 

Article  3, 3 

3.  Each 

action 

individual 

be 
implemented  in  close  cooperation  with 
the 
local 
national, 
authorities  concerned. 

regional 

shall 

or 

shall 

action 

national, 

individual 

be 
Each 
implemented  in  close  cooperation  with 
the 
local 
authorities  concerned  and  particularly 
and 
with 
ultraperipheral  regions. 

the  Union's 

regional 

isolated 

or 

Article  3, 4 

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

4.  Each  action  shall  take  account  of  the 
results  of  the  Community  and  national 
research  in  the  relevant  fields  and  of 
those  techniques  which  best  safeguard 
the  environment. 

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. 

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

Annex:  point  A  (1) 

A.  Action  contributing  to  increasing  the 
degree  of preparedness  of those  involved 
in  civil  protection 

A.  Action  contributing  to  increasing  the 

degree  of  preparedness  of  those  involved 
in  civil  protection 

1.  Training 

1.  Training 

Organization  of (mainly  self-tuition)  workshops 
bringing  together  high-level  experts  from  the 
Member 
each 
discipline,  the  mutual  sharing  of  experience  by 
means  of in-depth  discussions  of their  methods, 
techniques  and  means  with  a  view  to: 

permitting,  within 

States 

the 

conditions 

increasing  their  degree  of  preparedness; 
creating 
establishment 
of 
permitting  more 
cooperation  between  Member  States 
case  of  emergency. 

the 
network 
operational 
in 

a 
effective 

human 

for 

Maximum  Community 
financial  contribution: 
75%  of  the  total  cost 
of  the  action,  with  a 
ceiling  of  62.500  ECU 
per  action. 

Organization  of  (mainly  self-tuition)  workshops 
bringing  together  high-level  experts,  technical 
specialists  and  technicians  from 
the  Member 
States  permitting,  within  each  discipline,  the 
mutual  sharing  of  experience  by  means  of 
discussions  in  specific  terms  of  their  methods, 
techniques  and  means  with  a  view  to: 

Maximum  Community 
financial  contribution: 
75%  of  the  total  cost 
of  the  action,  with  a 
ceiling of 62.500  ECU 
per  action. 

increasing  their  degree  of  preparedness; 
creating  the  conditions  for  the  establishment 
of  a  human  network  permitting  more 
effective  operational  cooperation  between 
Member  States  in  case  of  emergency. 

Annex: point  A (2) 

2.  Exchange of experts 

2.  Exchange of experts and  technicians 

Organization  of  exchanges  of  Member  State 
experts  enabling  them  to  follow  short  training 
courses  in  another  Member  State  run  by  a 
training  body  or  another  civil  protection 
department. 

Organization  of  the  secondment  to  another 
Member  State of one or  more trainers  who are 
particularly  qualified  to present  certain  training 
courses or modules. 

100%  of  the  experts' 
travel  and  subsistence 
expenses  and  the  costs 
of 
the 
coordinating 
system  for  an  initial 
period  of  two  years 
(1995-1996). 
T h e r e a f t e r, 
t he 
financing  of  experts' 
travel  and  subsistence 
expenses  will 
be 
limited to 75%. 

Organization  of  exchanges  of  Member  State 
experts,  technicial  specialists  and  technicians 
enabling them to follow  short training courses in 
another Member  State run by a training body or 
another  civil  protection  department,  with 
particular  attention  to  the  services  responsible 
for  dealing  with  disasters  in  the  isolated  and 
ultraperipheral  regions. 

Organization  of  the  secondment  to  another 
Member  State  of  one  or  more  trainers  who  are 
particularly  qualified  to  present  certain  training 
courses or modules. 

100%  of  the  experts' 
travel  and  subsistence 
expenses and the costs 
of  coordinating 
the 
system  for  an  initial 
period  of  two  years 
(1995-1996),. 
T h e r e a f t e r, 
t he 
financing  of  experts' 
travel  and  subsistence 
expenses  will 
be 
limited to 75%. 

10 

Annex: point  A (3) 

3.  Community  simulation  exercises 

3.  Community  simulation  exercises 

These  exercises  are 
to  compare 
methods  and  to  back  up  progress  in  national 
civil protection  systems. 

intended 

intended 

These  exercises  are 
to  compare 
methods  and  to  back  up  progress  in  national 
to 
civil  protection  systems  with  a  view 
improving,  inter  alia,  the  effectiveness  and 
speed  of response  in case of disasters. 

t he 

from 

Maximum  Community 
financial  contribution: 
of 
5  0  % 
participation  costs  of 
observers 
the 
other  Member  States 
t he 
i n v i t ed 
organizing  State, 
the 
cost  of  organizing  the 
associated  workshops, 
preparing  the  exercise, 
the  final  report, etc. 

by 

f 

from 

Maximum Community 
financial  contribution: 
t he 
5  0 
participation  costs  of 
observers 
the 
other  Member  States 
invited 
the 
organizing  State,  the 
cost  of  organizing  the 
associated  workshops, 
preparing the exercise, 
the final report, etc. 

by 

Annex:  point  B 

B.  Projects 

contributing 

to 

improving 

techniques  and  methods  of  response: 

B.  Projects 

contributing 

to 

improving 

techniques  and  methods  of  response. 

Pilot  projects 

Pilot  projects 

to 

increase 

the  Member 
Projects  designed 
States'  response  capacity.  These  projects  are 
aimed  mainly  at  improving  means,  techniques 
and  procedures.  Their  scope  should  be  such  as 
to  interest  all  or  several  Member  States. 

Maximum  Community 
financial  contribution: 
50%  of  the  total  cost 
of  each  project. 

Projects  designed  to  increase  the  capacity  for 
and  speed  of  response  of  the  officials  most 
directly  involved  in  the  initial  stages  of  crises  in 
the  different  regions  of  Member  States.  These 
projects  are  aimed  mainly  at  improving  means, 
techniques  and  procedures  also  in  the  isolated 
and  ultraperipheral  regions..  Their  scope  should 
be  such  as  to  interest  all  or  several  Member 
States  by  giving  them  the  maximum  follow-up 
publicity  and  demonstration 
the 
Union  for  their  implementation. 

throughout 

Maximum  Community 
financial  contribution: 
50%  of  the  total  cost 
of  each  project. 
The  greatest  possible 
encouragement  should 
be 
g i v en 
multinational  projects. 

to 

11 

Annex:  point  C 

C.  Action  contributing  to  improving  public 
information,  education  and  awareness, 
so  as 
to  protect 
themselves  more  effectively10 

to  help  citizens 

C.  Action  contributing  to  improving  public 
information,  education  and  awareness,  so 
as  to  help  citizens  to  protect  themselves 
more  effectively10 

Maximum  Community 
financial 
contribution: 
50%  of the  total  cost  of 
the  action. 

Action  encouraging  exchanges  of  experience 
between  Member  States,  regions  and 
local 
authorities  in  the  field  of  initiatives  to  improve 
public  information,  education  and awareness, so 
as  to  help  citizens  to  protect  themselves  more 
effectively.  The  idea  is  to  build  on  the  work 
done  by  the  Member  States  and  to  enable  the 
authorities and  other  organizations  concerned  to 
benefit 
in  other 
Member  States.  The  target  group  is  the  general 
public,  focusing  in  particular  on  schoolchildren 
and  young  people  receiving  initial  vocational 
training. 

similar  experience 

from 

regions  and 

Action  encouraging  exchanges  of  experience 
between  Member  States, 
local 
authorities  in  the  field  of  initiatives  to  improve 
public  information,  education  and  awareness,  so 
as  to  help  citizens  to  protect  themselves  more 
effectively.  The  idea  is  to  build  on  the  work 
done  by  the  Member  States  and  to  enable  the 
authorities  and  other  organizations  concerned  to 
benefit  from  similar  experience  in  other  Member 
States.  The  target  group  is  the  general  public, 
in  particular  on  schoolchildren  and 
focusing 
young  people 
vocational 
training. 

receiving 

initial 

Maximum  Community 
financial  contribution: 
50%  of  the  total  cost 
of  the  action. 

Distribution  of 
exhibitions. 

information  and 

travelling 

100%)  financing 

Distribution  of 
exhibitions. 

information 

and 

travelling 

Up  to  100%)  financing 

10  The  Community  action  in  the  field  of  public  health  is  excluded  from  this  programme  (cf.  in  particular  the  Commission  communication  and  proposal 
for  a European  Parliament  and Council  Decision  adopting  a programme  of Community  action  on health promotion,  information,  education  and  training 
within  the  framework  of  the  action  in  the  field  of  public  health,  OJ  n°  C  252,  9.9.1994,  p.  3)  (*) 
(*) This  proposal  has  been  adopted  on  29  March  1996  fOJ  n°  L  95.  16.4.1996.  p.  1) 

12 

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COM(96) 219 final 

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