2001/792/EC,Euratom: Council Decision of 23 October 2001 establishing a Community mechanism to facilitate reinforced cooperation in civil protection assistance interventions
Date: 2001-10-23
Institutions: Council of the European Union
Subjects: EU Member State, EU programme, action programme, civil defence, cooperation policy

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II

(Acts whose publication is not obligatory)

COUNCIL

COUNCIL DECISION

of 23 October 2001

establishing a Community mechanism to facilitate reinforced cooperation in civil protection assis-
tance interventions

(2001/792/EC, Euratom)

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 (1),

Having regard to the opinion of the European Parliament (2),

Having regard to the opinion of the Economic and Social
Committee (3),

Having regard to the opinion of
Regions (4),

the Committee of

the

Whereas:

(1) While action by the Community to implement the reso-
lution 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 tech-
nological disaster (5) has helped protect people,
the
environment and property, the need is now to ensure
even better protection in the event of natural, technolog-
ical,
emergencies,
including accidental marine pollution, occurring both
inside
and to
the European Union,
strengthen the provisions of the resolution.

environmental

and outside

radiological

and

(2)

The United Nations Economic Commission for Europe
(UN/ECE) Convention on the Transboundary Effects of
Industrial Accidents, which contains provisions on

(1) OJ C 29 E, 30.1.2001, p. 287.
(2) Opinion delivered on 14 June 2001 (not yet published in the Offi-

cial Journal).

(3) OJ C 139, 11.5.2001, p. 27.
(4) OJ C 253, 12.9.2001, p. 17.
(5) OJ C 198, 27.7.1991, p. 1.

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 by Council Decision
98/685/EC (6).

A mechanism to facilitate reinforced cooperation in civil
protection assistance interventions could supplement the
current Community action programme in the field of
civil protection (7) by making support available in the
event of major emergencies which may require urgent
response action. It would facilitate the mobilisation of
intervention teams, experts and other
resources, as
required, through a reinforced Community civil protec-
tion structure consisting of a monitoring and informa-
tion centre and a common emergency communication
and information system. It would also provide an oppor-
tunity for collecting validated emergency information,
for disseminating that information to the Member States
and for sharing lessons learnt from interventions.

Such a mechanism would take due account of the rele-
vant Community legislation and international commit-
ments. This Decision should therefore not affect the
reciprocal rights and obligations of the Member States
under bilateral or multilateral treaties, which relate to
the matters covered by this Decision.

Prevention is of significant importance for the protec-
tion against natural, technological and environmental
disasters and would require further action to be consid-
ered.

(3)

(4)

(5)

(6) OJ L 326, 3.12.1998, p. 1.
(7) Council Decision 1999/847/EC of 9 December 1999 establishing a
Community action programme in the field of civil protection (OJ L
327, 21.12.1999, p. 53).

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(6)

(7)

(8)

(9)

a major

event of

emergency within the
In 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, there is a need for relevant notification
to be made as appropriate through an established reli-
able common emergency communication and informa-
tion system.

Preparatory measures need to be taken at Member State
and Community level to enable assistance intervention
teams in emergencies to be mobilised rapidly and coor-
dinated with the requisite flexibility and to ensure,
through a training programme, the effective response
capability and complementarity of assessment and/or
coordination teams,
and other
resources, as appropriate. Other preparatory measures
would include pooling of information related to neces-
sary medical resources and stimulation of the use of new
technologies.

intervention teams

In accordance with the principle of subsidiarity, a
Community mechanism would provide added value in
supporting and supplementing national policies in the
field of mutual civil protection assistance.
the
preparedness of the requesting Member State is not suffi-
cient for an adequate response to a major emergency in
terms of available resources, that State would be able to
supplement its preparedness by making an appeal to
such a Community mechanism.

If

A mechanism should make it possible to mobilise, and
facilitate coordination of, assistance interventions in
order to help ensure better protection primarily of
the environment and property,
people but also of
thereby reducing loss of
including cultural heritage,
human life,
injury, material damage, economic and
environmental damage, and making achievement of the
objectives of
cohesion and solidarity more
tangible.

social

(10)

The isolated and outermost regions and some other
areas of the Community often have special characteris-
tics and needs owing to their geography, terrain and
social and economic circumstances. These have an
adverse effect, hamper the deployment of assistance and
intervention resources making it difficult to deliver aid
and means of assistance, and create particular needs for
assistance in the event of serious danger of major emer-
gency. Such a Community mechanism would also allow
better response to be made to these situations and needs.

(11) With respect to civil protection assistance intervention
outside the Community, a mechanism could be made
use of as a tool for facilitating and supporting actions
undertaken, within their respective competences, by the
Community and the Member States.

(12)

Such a Community mechanism could, under conditions
to be determined, also be a tool for facilitating and
supporting crisis management referred to in Title V of
the Treaty on European Union.

(13) Assistance interventions would either be conducted
autonomously or as a contribution to an operation led
by an international organisation,
for which case the
Community should develop its relations with the rele-
vant global and regional

international organisations.

(14)

(15)

(16)

(17)

(18)

Participation in such a mechanism would be open to the
candidate countries.

There is a need to improve transparency and to consoli-
date and strengthen the various existing civil protection
actions in continued pursuit of the objectives of the
Treaty.

The measures necessary for the implementation of this
Decision should be adopted in accordance with Council
Decision 1999/468/EC of 28 June 1999 laying down
the procedures for the exercise of implementing powers
conferred on the Commission (1).

The use of the same Committee for the present mecha-
nism as for the existing Community action programme
in the field of civil protection should ensure consistency
the
and complementarity for the implementation of
mechanism.

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 of Articles 308 and 203,
respectively,

HAS ADOPTED THIS DECISION:

Article 1

A Community mechanism to facilitate

reinforced
1.
cooperation between the Community and the Member States in
civil protection assistance intervention in the event of major
emergencies, or
thereof, which may
require urgent response action is hereby established (hereinafter
‘the mechanism’).

the imminent

threat

including cultural heritage,

2.
The mechanism is intended to help ensure better protec-
tion, primarily of people but also of the environment and
property,
in the event of major
emergencies, i.e. natural, technological, radiological or environ-
mental accidents occurring inside or outside the Community,
including accidental marine pollution, as provided for
in
Decision No 2850/2000/EC of the European Parliament and of
the Council of 20 December 2000 setting up a Community
framework for cooperation in the field of accidental or delib-
erate marine pollution (2).

The mechanism does not affect obligations under existing rele-
vant legislation of the European Community or the European
Atomic Energy Community or existing international agree-
ments.

(1) OJ L 184, 17.7.1999, p. 23.
(2) OJ L 332, 28.12.2000, p. 1.

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the mechanism is to provide, on
The general purpose of
request, support
in the event of such emergencies and to
facilitate improved coordination of assistance intervention
provided by the Member States and the Community, taking
into account the special needs of the isolated, outermost and
other regions or islands of the Community.

The mechanism consists of a series of elements and

3.
actions including:

— the identification of intervention teams and other interven-
tion support available in Member States for assistance inter-
vention in the event of emergencies,

— the setting-up and implementation of a training programme
for intervention teams and other intervention support, and
for experts for the assessment and/or coordination teams,

— workshops, seminars and pilot projects on major aspects of

interventions,

— the establishment and, as needed, dispatch of assessment

and/or coordination teams,

— the establishment and management of a monitoring and

information centre,

— the establishment and management of a common emer-

gency communication and information system,

— other support action, such as measures to facilitate trans-

port of resources for assistance intervention.

Article 2

In the

event of

1.
emergency within the
a major
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 emer-
gency, unless this obligation of notification has already
been addressed under relevant legislation of the European
Community or the European Atomic Energy Community
or existing international agreements, and

(b) the Commission, when a possible request for assistance
through the monitoring and information centre can be
anticipated, in order that the Commission may, as appro-
priate,
inform the other Member States and activate its
competent services.

Such notification shall, as appropriate, be made through

2.
the communication and information system.

Article 3

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

(a) within their competent services and, in particular, their civil
protection services or other emergency services, identify in
advance intervention teams which might be available for
such intervention or could be established for intervening at
very short notice,
in order to be dispatched, generally
within 12 hours following a request for assistance, taking
into account that team composition should depend on the

type of major emergency and on particular needs in that
emergency;

(b) select experts who can be called on to serve on the site of
an emergency in an assessment and/or coordination team;

(c) provide relevant general information on these teams and
experts as well as on medical resources as laid down in
Article 4(e) within six months of the adoption of this
Decision, and promptly update this information when
necessary;

(d) consider the possibility of also providing, as required, other
intervention support which might be available from the
competent services, such as specialised personnel and
equipment to deal with a particular emergency, and of
calling upon resources which may be provided by non-
governmental organisations and other relevant entities;

(e) for the purposes of applying this Decision, appoint the
competent authorities, designate the contact points and
inform the Commission accordingly.

Article 4

With a view to achieving the objectives and implementing the
actions defined in Article 1, the Commission shall:

(a) establish and manage a monitoring and information centre
accessible and able to react immediately 24 hours a day
and serving the Member States and the Commission for the
purposes of the mechanism;

(b) establish and manage a reliable common emergency
communication
enable
information
communication and sharing of information between the
monitoring and information centre and the contact points
designated for that purpose by the Member States;

system to

and

(c) establish the capability to mobilise and dispatch, as quickly
as possible, small teams of experts responsible for:

— assessing the situation for the benefit of the Member
States, the monitoring and information centre and the
State requesting assistance,

— facilitating, when necessary, coordination of assistance
operations on site and liaising, when necessary and
appropriate, with the competent authorities of the State
requesting assistance;

(d) set up a training programme, with a view to improving the
coordination of civil protection assistance intervention by
ensuring compatibility and complementarity between the
intervention teams as laid down in Article 3(a) or as appro-
priate other intervention support as laid down in Article
3(b), and by improving the competence of experts for
assessment. The programme should include joint courses
and exercises and an exchange system whereby individuals
may be seconded to teams in other Member States;

(e) pool information on the capabilities of the Member States
for maintaining a production of serums and vaccines or
other necessary medical resources and on the stocks which
might be available for intervention in the event of a major
emergency and compile this information in the information
system;

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(f) set up a programme of lessons learned from the interven-
tions conducted within the framework of the mechanism
and disseminate these lessons through the information
system;

(g) stimulate and encourage the introduction and use for the
purpose of the mechanism of new technologies, including
systems for notification and alert, exchange of information,
use of satellite technology and assistance to decision-
making in the management of emergencies;

(h) take measures to facilitate transport of resources for assis-

tance intervention and other support action.

Article 5

1. Where an emergency occurs within the Community, a
Member State may request assistance, which request should be
as specific as possible:

(a) from the other Member States through the monitoring and
information centre, in which case, upon receiving such a
request the Commission shall, as appropriate and without
delay:
— forward the request to the other Member States' contact

points,

— facilitate the mobilisation of teams, experts and other

intervention support,

— collect validated information on the emergency and

disseminate it to the Member States, or

assistance intervention or as a contribution to an intervention
led by an international organisation.

The coordination of civil protection assistance interventions
conducted within the framework of this mechanism outside the
Community is ensured by the Member State entrusted with the
Presidency of the Council of the European Union.

Article 7

Participation in the mechanism shall be open to:
— the candidate countries of central and eastern Europe in
accordance with the conditions established in the Europe
Agreements, in their additional protocols, and in the deci-
sions of the respective Association Councils,

— Cyprus, Malta and Turkey on the basis of bilateral agree-

ments to be concluded with these countries.

Article 8

1.
The Commission shall implement the actions related to
the mechanism in accordance with the procedures laid down in
Article 9(2).

2.
The Commission shall also in accordance with the
procedures laid down in Article 9(3) establish common rules
particularly on the following matters:

(a) resources available for assistance intervention, as laid down

in Article 3;

(b) directly from the other Member States.

(b) the monitoring and information centre, as laid down in

2.
Any Member State to which a request for assistance is
addressed shall promptly determine whether it is in a position
to render the assistance required, and inform the requesting
Member State thereof, either through the monitoring and infor-
mation centre or directly and then, depending on the circum-
stances, also the centre, indicating the scope and terms of any
assistance it might render.

The requesting Member State shall be responsible for
3.
the
directing assistance interventions. The authorities of
requesting Member State shall
if
necessary, define the limits of the tasks entrusted to the inter-
vention teams, without giving details of their execution, which
are to be left to the person in charge appointed by the Member
State rendering assistance.

lay down guidelines and,

4.
The requesting Member State may ask the teams to direct
the intervention on its behalf in which case the teams provided
by the Member States and the Community shall endeavour to
coordinate their interventions.

5.
The assessment and/or coordination team should facili-
tate coordination between intervention teams and, as necessary
and appropriate, liaise with the competent authorities of the
requesting Member State.

Article 6

The provisions of Article 5 may also, upon request, be imple-
mented in respect of interventions outside the Community.
Such interventions may either be conducted as an autonomous

Article 4(a);

(c) the common emergency communication and information

system, as laid down in Article 4(b);

(d) the assessment and/or coordination teams, as laid down in
Article 4(c), including criteria for the selection of experts;

(e) the training programme, as laid down in Article 4(d);

(f) information on medical resources, as laid down in Article

4(e);

(g) the interventions inside the Community, on the basis of the
resolution of 8 July 1991, as well as the interventions
outside the Community as laid down in Article 6.

Article 9

The Commission shall be assisted by the committee set

1.
up by Article 4(1) of Decision 1999/847/EC.

2. Where reference is made to this paragraph, 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.

3. Where reference is made to this paragraph, Articles 5 and
7 of Decision 1999/468/EC shall apply.

The period laid down in Article 5(6) of Decision 1999/468/EC
shall be set at three months.

4.

The Committee shall establish its rules of procedure.

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The Commission shall evaluate the implementation of this Decision every third year from the date it takes
effect and transmit the conclusions of that evaluation together with any proposals for amendments to the
Decision to the European Parliament and the Council.

Article 10

This Decision shall take effect on 1 January 2002.

Article 11

This Decision is addressed to the Member States.

Article 12

Done at Luxembourg, 23 October 2001.

For the Council

The President

A. NEYTS-UYTTEBROECK