Proposal for a Council Decision establishing a Community mechanism for the coordination of civil protection intervention in the event of emergencies (COM(2000) 593 final — 2000/0248(CNS)) (Text with EEA relevance)
Date: 2001-01-30
Institutions: European Commission
Subjects: EU Member State, action programme, civil defence, communications systems, emergency aid, industrial hazard

30.1.2001

EN

Official Journal of the European Communities

C 29 E/287

Proposal for a Council Decision establishing a Community mechanism for the coordination of civil
protection intervention in the event of emergencies

(2001/C 531 E/17)

(Text with EEA relevance)

COM(2000) 593 final (cid:151) 2000/0248(CNS)

(Submitted by the Commission on 29 September 2000)

THE COUNCIL OF THE EUROPEAN UNION,

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

Having regard to the opinion of the European Parliament,

Having regard to the opinion of
Committee,

the Economic and Social

Having regard to the opinion of the Committee of the Regions,

Whereas:

(1) While action by the Community to implement

disaster has helped protect people,

the
Resolution of 8 July 1991 on improving mutual aid
between Member States in the event of natural or tech-
nological
the
environment and property, the need is now to ensure
even better protection in the event of natural,
tech-
nological and environmental emergencies, including acci-
dental 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
such as prevention, emergency preparedness,
matters
industrial accident
public information and participation,
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 (1).

It will

(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
facilitate coordinated assistance
an emergency.
intervention
interventions
required,
teams,
as
through a
Protection
structure
and network of Member States’ national
It also provides an opportunity for
contact points.
collecting validated emergency information and dissemi-
nating it to the Member States.

the mobilisation of
resources,

reinforced Community Civil

and other

expertise

and

(4) The mechanism will duly take into account the relevant
international

legislation

and

European Community
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
other
complementarity of
resources, as appropriate.

intervention teams

and

(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 coor-
dinate assistance interventions in order to reduce loss of
injury, material damage and economic and
human life,
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
emergency. The present
in the
Community mechanism will
also allow to better
respond to these needs.

event of a major

(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 (2) laying down
the procedures for the exercise of implementing powers
conferred on the Commission.

(1) OJ L 326, 3.12.1998, p. 1.

(2) OJ L 184, 17.7.1999, p. 23.

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

the

for

establishing

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

European Atomic

the

HAS ADOPTED THIS DECISION:

Article 1

1.
A Community mechanism for civil protection inter-
vention in the event of serious emergencies, or the imminent
threat thereof, which may require urgent response action (here-
inafter the (cid:145)mechanism(cid:146)) is hereby established.

The mechanism is

2.
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:

(cid:151) the identification of resources available for coordinated

assistance intervention in the event of emergencies;

(cid:151) the setting-up of a training programme;

(cid:151) the establishment of assessment and coordination teams;

(cid:151) the establishment of an emergency communication system.

(a) within their civil protection services,

identify in advance
intervention teams which are available or could be estab-
lished for intervening abroad at very short notice, generally
within a time frame of 2-24 hours following a request for
team composition
assistance,
should depend on the type of emergency and on particular
needs in that emergency;

taking into account

that

(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;

Article 2

of lessons learned.

(c) set up a programme for the evaluation and dissemination

a

serious

In the

event of

1.
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:

Article 5

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

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

emergency, and

(a) through the

competent Commission services. Upon
receiving such a request the Commission shall, as appro-
priate and without delay:

(b) the Commission,

in order that the latter may, as appro-
inform the other Member States and activate its

priate,
competent services.

Such notification shall be made through the emergency

2.
communication system.

Article 3

(cid:151) forward the request through the network of Member

States’ national contact points,

(cid:151) facilitate the mobilisation of teams, expertise and other

intervention support,

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

(cid:151) collect validated information on the emergency and

disseminate it to the Member States;

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(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.

The fundamental principles of assistance intervention
in the Annex to this

3.
within the Community are set out
Decision.

The provisions of this Article may also, upon request, be
the

interventions

outside

respect

of

in

4.
implemented
Community.

The Commission shall be

same
2.
management committee as that which has been set up by
the Council Decision of 9 December 1999 establishing a
Community
civil
protection (1).

assisted by

programme

action

field

the

the

of

in

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 coordination teams;

Article 6

(d) the establishment of an emergency communication system;

The mechanism shall be open to participation of:

(cid:151) 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,

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

i.e.

Article 9

(cid:151) Cyprus, Malta and Turkey on the basis of bilateral

agreements to be concluded with these countries.

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

Article 7

Article 10

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

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

this

Article 8

Article 11

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.

This Decision shall enter into force on 1 July 2001.

Article 12

This Decision is addressed to the Member States.

(1) OJ L 327, 21.12.1999, p. 53.

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Fundamental principles of assistance intervention within the Community (1)

ANNEX

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 replen-
ishment 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 coop-
eration 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 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.

the assistance interventions,

(1) These principles will be applicable also to Candidate Countries which will participate in the mechanism.