Proposal for a Council Regulation creating the rapid reaction facility
Date: 2000-04-11
Institutions: European Commission
Subjects: EU financing, common foreign and security policy, cooperation policy, foreign policy, third country

31.10.2000

EN

Official Journal of the European Communities

C 311 E/213

Proposal for a Council Regulation creating the Rapid Reaction Facility

(2000/C 311 E/14)

COM(2000) 119 final (cid:151) 2000/0081(CNS)

(Submitted by the Commission on 18 May 2000)

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,

Having regard to the opinion of the European Parliament,

Whereas:

security-related crisis

(8) There is a need to make available at short notice, in the
situations, accelerated
event of
decision-making mechanisms for specific and immediate
interventions limited in time, and acting, if so required, as
precursors of regular Community instruments to which
action can thereafter be transferred.

(9) Community interventions must be coherent with the
European Union’s external activities as a whole in the
context of
security, economic,
social and development policies.

its external

relations,

(1) The aim of preserving peace and liberty is expressed in
the preamble to the Treaty establishing the European
Community.

(10) Activities covered by the ECHO regulation, Council Regu-
lation (EC) No 1257/96 (1), should not be funded under
this Regulation.

(2) The Community is concerned that the spread of crises
affecting political and social stability and security jeop-
ardise not only international peace and security but also
liberty, democracy, respect for human
the principles of
rights and fundamental freedoms and the rule of law.

(11)

for

In accordance with Article 2 of Council Decision
1999/468/EC of 28 June 1999 laying down the
procedures
implementing powers
conferred on the Commission (2), measures
the
implementation of this Regulation should be adopted by
use of the advisory procedure provided for in Article 3 of
that Decision.

the exercise of

for

(3) In the interests of

fostering sustainable economic and
social development, there is a need to prevent the crises
from spreading or escalating into armed conflicts.

(4) The conclusions of the European Council of Helsinki of
10 and 11 December 1999 state that (cid:145)A non-military crisis
management mechanism will be established to coordinate
and make more effective the various civilian means and
resources,
the
disposal of the Union and the Member States(cid:146).

in parallel with the military ones, at

(5) The Report of

the Presidency on non-military crisis
management attached to the above conclusions further
explains that (cid:145)Rapid financing mechanisms such as the
creation by the Commission of a Rapid Reaction Fund
should be set up to allow the acceleration of
the
provision of finance to support EU activities, to contribute
to operations run by other international organisations and
to fund NGO activities, as appropriate(cid:146).

(6) There is a need,

in support of existing Community
programmes relating to cooperation with third countries,
to undertake rapid and efficient action to project security
and stability beyond the borders of the European Union
wherever the lives and physical integrity of women and
men and the respect for human solidarity depend on its
intervention.

(7) The Community’s early awareness of crises and rapid
response mechanisms need further development with a
view to permitting rapid deployment of
financial and
other resources to prevent crises from spreading or esca-
lating into armed conflicts.

(12) There is a need for maximum transparency in the
implementation of the Community’s financial assistance
as well as for proper control of use of appropriations.

(13) The protection of the Community’s financial interests and
the fight against fraud and irregularities should constitute
an integral part of this Regulation.

(14) The Treaty does not provide, for the adoption of this
Regulation, powers other than those of Article 308,

HAS ADOPTED THIS REGULATION:

Article 1

The purpose of this Regulation,

in support of existing
1.
Community programmes relating to cooperation with third
countries, is to lay down procedures for establishing a rapid,
efficient and flexible mechanism (hereinafter referred to as (cid:145)the
Rapid Reaction Facility(cid:146)) designed to respond to situations of
crisis or the emergence of crisis and to provide immediate
financing for non-combat activities related to urgent operations
of crisis management and conflict prevention, with a view to
fostering international peace and security,
the principles of
liberty and democracy, respect for human rights and funda-
mental freedoms and the rule of law, as a basis for economic
and social development in those third countries.

(1) OJ L 163, 2.7.1996, p. 1.
(2) OJ L 184, 17.7.1999, p. 23.

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Official Journal of the European Communities

31.10.2000

The Rapid Reaction Facility shall be

triggered by
2.
situations of crisis or emerging crisis, such as circumstances
of growing violence destabilising law and order, breaches of the
peace, outbreaks of fighting, armed conflicts, massive popu-
lation movements, or exceptional circumstances with security-
related implications and concerns, or major environmental
catastrophes threatening safety, stability and security.

cases a clear division of labour between ECHO and the Rapid
Reaction Facility shall be maintained both at headquarters and
in the field, close coordination shall be established in order to
achieve optimal overall coherence and to ensure the security of
humanitarian workers.

3.
The Rapid Reaction Facility builds upon the scope of
intervention of existing Community regulations, with the
exception of ECHO regulation, Regulation (EC) No 1257/96.
Its specific added-value is represented by the rapidity of inter-
ventions in situations of high tension and by the possibility of
mixing different instruments of intervention in order to achieve
a comprehensive and coherent action in security-related
If actions provided for by this Regulation fall
emergencies.
under the scope of other regulations,
this Regulation shall
apply only if:

(a) the action is intended to be immediate and ad hoc to meet
the most urgent safety and security-related requirements of
societies and peoples in third countries; and

(b) the action is limited in time, as further specified in Article

7.

Article 2

The principal objectives of actions under

1.
the Rapid
Reaction Facility shall be, in situations of crisis or emerging
crisis, the preservation or re-establishment of conditions of
public order, security and safety, the facilitation of dialogue,
conciliation and mediation among different groups within a
society and the fight against human-rights abuses, ethnic,
religious, and gender discrimination, and violence.

including

Interventions

financed under

2.
this Regulation may
comprise any non-combat activities aimed at counteracting
or resolving emerging crises and serious threats or outbreaks
of conflict, all logistical measures necessary for the planning,
such inter-
implementation, monitoring and auditing of
ventions,
communication
information
management, technical assistance and training, the purchase
and/or delivery of essential products and equipment, safe
transport and all administrative expenditure related to such
measures as well as the measures necessary to strengthen the
Community’s coordination with Member States and other
donor countries, international organisations, non-governmental
organisations (NGOs) and their representatives.

and

If the actions are eligible for ECHO funding, they shall be
3.
financed under Regulation (EC) No 1257/96.
In particular
security or crisis management circumstances, the Commission
may decide that RRF intervention is more appropriate if
combined with ECHO action, as necessary. While in these

Article 3

Community financing under this Regulation shall take the

1.
form of grants.

The interventions covered by this Regulation shall be

2.
exempt from taxes, charges, duties and customs duties.

Article 4

1.
Implementing partners eligible under this Regulation may
include national governments and their agencies, regional and
international organisations and their agencies, NGOs and
public and private operators with appropriate specialised
expertise and experience.

2.
The Commission may conclude framework agreements
with relevant government agencies, international organisations,
NGOs and private or public operators on the basis of their
ability to carry out rapid interventions in crisis management. In
situations where unique personal expertise is needed, or where
the credibility of
the
parties is linked to a specific person, as may be the case in
mediation, arbitration or advice activities, the Commission may
sign contracts with individual organisations or operators, even
if no framework agreement had been previously concluded.

the operation and the confidence of

3.
After a financing Decision has been taken by the
Commission in accordance with Article 5 and as soon as
practically possible, a financial agreement shall be concluded
with NGOs, private or public operators which have been
chosen for conducting the intervention, on the basis of the
provisions of the respective framework agreements.

Non-governmental organisations eligible for

4.
financial
agreements with a view to the implementation of interventions
under this Regulation shall meet the following criteria:

(a) be non-profit-making autonomous organisations;

(b) have their main headquarters in a Member State or in the

third country in receipt of Community aid.

Exceptionally, their headquarters may be located in another
third country.

5. When determining a private operator’s or NGO’s suit-
ability for Community funding, account shall be taken of the
following factors:

(a) its administrative and financial management capacities;

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Official Journal of the European Communities

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(b) its technical and logistical capacity in relation to the

urgency of planned operations;

(c) its experience in the field in question;

(d) its readiness to take part, if need be, in any specific coor-
dination system to be set up for conducting the inter-
vention;

(e) its record and guarantee of impartiality in the implemen-

tation of the tasks assigned.

The Commission will inform the Committee established
implementing entity and the

6.
in Article 8 of the choice of
reasons for such choice.

Article 5

Interventions covered by this Regulation shall be decided by
the Commission in accordance with the procedures laid down
in this Regulation.

They shall be implemented by the Commission in accordance
with the budgetary and other procedures in force, including
those laid down in Articles 116 and 118 of the Financial Regu-
lation applicable to the general budget of
the European
Communities.

Article 6

All financing agreements or contracts concluded under
the
to

1.
this Regulation shall provide
Anti-Fraud Office (OLAF) and the Court of Auditors
conduct on-the-spot checks according to the rules in force.

the Commission,

for

The Commission may carry out on-the-spot checks and
2.
in conformity with Council Regulation (EC)
inspections
No 2185/96 (1). The measures taken by the Commission shall
provide for adequate protection of the financial interests of the
Community in conformity with Council Regulation (EC)
No 2988/95 (2).

Article 7

1.
No single intervention to be funded under this Regulation
may receive Community contributions exceeding EUR 12
million.

2.
The implementation period of any intervention under this
Regulation may not exceed a limited period up to nine months.

3.
Should it appear, in exceptional cases, that the implemen-
tation period is insufficient to achieve the objectives laid down
in Article 1(1) on account of the specific nature of the crisis
the Commission shall present a
concerned or its intensity,
report to the Committee established in Article 8, at the latest
one month before the expiry of the original action. Thereafter
the Commission may present to the Committee a draft for an
extension of the intervention and related financial requirements
concerning the same crisis. This further intervention shall
comply with the requirements of Article 1.

4. Where interventions provided for by this Regulation
require a Community contribution in excess of EUR 5
million, or
in the exceptional circumstances described in
paragraph 3, the Commission shall adopt its decision after
consulting the Committee established in Article 8.

Article 8

The Commission shall be assisted by a committee (here-
1.
inafter referred to as (cid:145)the Crisis Committee(cid:146)), composed of
representatives of
the Member States and chaired by the
representative of the Commission.

2. Where reference is made to this paragraph, the advisory
procedure laid down in Article 3 of the Decision 1999/468/EC
shall apply, in compliance with Article 7(3) thereof.

Article 9

1. When adopting its rules of procedure, in accordance with
Article 7(1) of Decision 1999/468/EC, the Crisis Committee
shall take into account the objectives of the Rapid Reaction
Facility, and in particular:

(a) the need of rapid decisions and implementation in view of
the exceptional and urgent nature of the circumstances of
crisis which trigger the use of the Rapid Reaction Facility;

(b) the flexibility necessary to meet the evolving nature of the

crisis.

The Crisis Committee may also discuss any other
2.
questions related to the implementation of this Regulation, in
particular the arrangements for follow-up and the transfer of
action, where appropriate, to other instruments once inter-
vention under this Regulation comes to an end.

Article 10

exchange of

The Commission shall, on the basis of a reciprocal and
1.
regular
including exchange of
information,
information on the spot, ensure the effective coordination of
its crisis management operations with those of the Member
States, in order to increase the coherence and complementarity
of all interventions.

2.
In the interests of overall coherence of Community
strategy for rapid response to crises with civilian instruments,
the Crisis Committee may also be a forum for the exchange of
information between Member States and the Commission.

The Commission shall promote coordination and coop-

3.
eration with international and regional organisations.

(1) OJ L 292, 15.11.1996, p. 2.
(2) OJ L 312, 23.12.1995, p. 1.

The necessary measures shall be taken to give visibility to

4.
the Community’s contribution.

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Official Journal of the European Communities

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Article 11

Article 12

The Commission shall regularly assess crisis-management
1.
to establish
interventions under
whether
interventions have been
achieved and to provide guidelines for improving the effec-
tiveness of future interventions.

this Regulation in order

the objectives of

the

Three years after entry into force of
the
Commission shall present to the European Parliament and to
the Council an overall evaluation of the interventions financed
by the Community under this Regulation, together with any
proposals for amendments to it.

this Regulation,

Article 13

2.
The Commission shall present to the European Parliament
and to the Council a report summarising Community rapid
reaction interventions in the previous year, by 30 April each
year, and shall evaluate the implementation of interventions
supported by this Regulation upon their completion.

This Regulation shall enter
into force on the third day
following that of its publication in the Official Journal of the
European Communities.

This Regulation shall be binding in its entirety and directly
applicable in all Member States.