2004/277/EC,Euratom: Commission Decision of 29 December 2003 laying down rules for the implementation of Council Decision 2001/792/EC, Euratom establishing a Community mechanism to facilitate reinforced cooperation in civil protection assistance interventions (Text with EEA relevance) (notified under document number C(2003) 5185)
Date: 2003-12-29
Institutions: European Commission
Subjects: EU programme, aid to disaster victims, civil defence, cooperation policy, emergency aid, enhanced cooperation, information system, vocational training

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II

(Acts whose publication is not obligatory)

COMMISSION

COMMISSION DECISION

of 29 December 2003

laying down rules for the implementation of Council Decision 2001/792/EC, Euratom establishing
a Community mechanism to facilitate reinforced cooperation in civil protection assistance inter-
ventions

(notified under document number C(2003) 5185)

(Text with EEA relevance)

(2004/277/EC, Euratom)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(3)

Having regard to the Treaty establishing the European Com-
munity and the Treaty establishing the European Atomic
Energy Community,

Having regard to Council Decision 2001/792/EC, Euratom of
23 October 2001 establishing a Community mechanism to
facilitate reinforced cooperation in civil protection assistance
interventions (1), and in particular Article 8(2)(a) to (e) and (g)
thereof,

Whereas:

(1)

(2)

The Community mechanism established by Decision
2001/792/EC, hereinafter referred to as ‘the mechanism’,
is intended to provide support in the event of major
emergencies which may require urgent response action,
including emergencies occurring within the context of
crisis management referred to in Title V of the Treaty on
European Union.
In the event of the latter the Joint
Declaration by the Council and the Commission on the
use of the Community civil protection mechanism in
crisis management referred to in Title V of the Treaty on
European Union will be taken into account.

The mechanism is intended to help ensure better protec-
tion primarily of people, but also of the environment
and property,
in the event of a major emergency,
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 deliberate marine pollution (2).

Participation in the Community mechanism is open to
Member States, but should also be open to Norway,
Iceland and Liechtenstein in the light of Decision of the
EEA Joint Committee No 135/2002 of 27 September
2002 amending Protocol 31 to the EEA Agreement on
cooperation in specific fields outside the four free-
doms (3). With regard to the candidate countries, partici-
pation should be open to those countries having signed
a memorandum of understanding with the Commission.

(4)

(5)

(6)

A procedure for the provision of up-to-date information
on the resources available in the States participating in
interventions
the mechanism for different
should be established, in order to facilitate, in the event
of emergency, the mobilisation of intervention teams,
experts and other resources and to ensure a better use of
those resources.

types of

A monitoring and information centre should be estab-
lished which should be accessible and able to react
immediately 24 hours a day in order to serve the States
participating in the mechanism and the Commission.

The monitoring and information centre is an essential
element of the mechanism because it ensures uninter-
rupted links with the civil protection operational contact
points of the States participating in the mechanism. The
in case of
monitoring and information centre should,
emergency, provide immediate access to essential infor-
mation on experts, intervention teams and other inter-
vention support available.

(1) OJ L 297, 15.11.2001, p. 7.
(2) OJ L 332, 28.12.2000, p. 1.

(3) OJ L 336, 12.12.2002, p. 36.

(7)

(8)

(9)

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A common emergency communication and information
system (CECIS) should be established in order to enable
communication and sharing information between the
monitoring and information centre and the designated
contact points.

(14)

The measures provided for in this Decision are in
accordance with the opinion of the Committee estab-
lished pursuant
to Article 4(1) of Council Decision
1999/847/EC (6),

The CECIS is an essential element of the mechanism
because it should guarantee the authenticity,
integrity
and confidentiality of information exchanged among the
States participating in the mechanism under routine
conditions as well as in emergencies.

The CECIS should be set up on the basis of a global
implementation plan (GIP) as part of the PROCIV-NET
project conducted and financed in the context of a
programme for the interchange of data between admin-
istrations, the IDA programme as provided for in Deci-
sion No 1719/1999/EC of the European Parliament and
the Council of 12 July 1999 on a series of guidelines,
including the identification of projects of common
interest, for trans-European networks for the electronic
interchange of data between administrations (IDA) (1), as
last amended by Decision No 2046/2002/EC (2), and
Decision No 1720/1999/EC of the European Parliament
and of the Council of 12 July 1999 adopting a series of
actions and measures in order to ensure interoperability
of and access to trans-European networks for the elec-
tronic interchange of data between administrations
(IDA) (3), as last amended by Decision No 2045/2002/
EC (4).

(10)

The availability of experts capable of organising and
coordinating intervention teams represents an important
element of
In order to
the Community mechanism.
enable an efficient selection of the experts required, it is
essential to agree on common selection criteria

(11)

The tasks of
procedure for dispatching them should be determined.

the experts should be defined and the

(12) A training programme should be set up, with a view to
improving the coordination of civil protection assistance
interventions by ensuring compatibility and complemen-
tarity between the intervention teams and by improving
the competence of experts. The programme should
include joint courses and exercises and an exchange
system, combined with lectures, case studies, working
groups, simulations, and practical exercises, appropriate
to the content of each action. The setting up of such a
training programme is also in the spirit of Council Reso-
lution 2002/C 43/01 of 28 January on reinforcing coop-
eration in the field of civil protection training (5).

HAS ADOPTED THIS DECISION:

CHAPTER I

GENERAL PROVISIONS

Article 1

This Decision establishes rules implementing Decision 2001/
792/EC, Euratom, as regards the following:

1.

information on the relevant resources available for civil
protection assistance intervention;

2. the establishment of a monitoring and information centre;

3. the establishment of a common emergency communication
and information system, hereinafter referred to as ‘CECIS’;

4. the assessment and/or coordination teams, including criteria

for the selection of experts;

5. establishment of a training programme;

6.

interventions inside and outside the Community.

Article 2

For the purpose of this Decision the following definitions shall
apply:

(a) ‘participating States’ means the Member States, the candi-
date countries having signed a memorandum of under-
standing with the Commission, and Norway, Iceland and
Liechtenstein;

(b) ‘third countries’ means countries not participating in the

mechanism.

CHAPTER II

RESOURCES AVAILABLE

Article 3

1.
The participating States shall provide the Commission
with the following information on the resources available for
civil protection assistance interventions:

(13)

In the framework of the Community mechanism, the
definition of clear intervention rules is important
to
ensure efficient assistance in case of emergency.

(a) the intervention teams identified in accordance with Article
3(a) of Decision 2001/792/EC, Euratom, and in particular

(i) the size of the teams and the mobilisation time fore-

(1) OJ L 203, 3.8.1999, p. 1.
(2) OJ L 316, 20.11.2002, p. 4.
(3) OJ L 203, 3.8.1999, p. 9.
(4) OJ L 316, 20.11.2002, p. 1.
(5) OJ C 43, 16.2.2002, p. 1.

seen,

(ii) their availability for interventions within the partici-

pating States and in third countries,

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

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(iii) their availability for

short, medium or

long-term

5. participating in the ‘lessons learned’ programme and disse-

missions,

minating its results;

(iv) their means of transportation, and their degree of self-

sufficiency,

(v) any other relevant information;

(b) the experts selected in accordance with Article 3(b) of Deci-

sion 2001/792/EC/Euratom.

6.

7.

involvement in the preparation, organisation, and follow-up
of the training courses;

involvement in the preparation, organisation, and follow-up
of the field and tabletop exercises.

The information referred to in paragraph 1 shall be regu-

2.
larly updated.

Article 6

The Monitoring and Information Centre, established in
3.
accordance with Article 4, shall compile the information
referred to in paragraph 1 of this Article and make it available
through the CECIS set up in accordance with Article 7.

4.
The information referred to in paragraph 1 is based on a
mission scenario approach for inside the participating States
and outside these States.

In the event of a major emergency, the Monitoring and Infor-
mation Centre shall operate according to the provisions set out
in Chapter VII.

CHAPTER IV

COMMON EMERGENCY COMMUNICATION AND INFORMA-
TION SYSTEM

CHAPTER III

Article 7

MONITORING AND INFORMATION CENTRE

A common emergency communication and information system
(CECIS) is hereby established.

Article 4

Article 8

A monitoring and information centre accessible and able to
react immediately 24 hours a day is hereby established and is
located in the premises of the Commission.

Article 5

The day-to-day duties of
Centre shall include, in particular,

the Monitoring and Information

1. regularly updating the information provided by the partici-
pating States on the intervention team and experts identified
and selected in accordance with Article 3(a) and (b) of Deci-
sion 2001/792/EC, Euratom, as well as other intervention
support and medical resources that might be available for
interventions;

2. pooling the information provided on the capability of the
participating States to maintain 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 secured at the appropriate level;

3. regularly updating its working and emergency procedures;

4. contacting the contact points of

the participating States
with the aim of preparing, if necessary, a report on major
emergencies;

The CECIS shall consist of the following three components:

(a) a network layer, consisting of

the physical network
connecting the competent authorities and the contact
points in the participating States and the Monitoring and
Information Centre;

(b) an application layer, consisting of the databases and other
information systems necessary for the functioning of the
civil protection assistance interventions and in particular
those needed:

(i) for communicating notifications,

(ii) for ensuring communication and information sharing
between the Monitoring and Information Centre and
competent authorities and the contact points,

(iii) for compiling information on serums and vaccines or

other medical resources and on stocks,

(iv) for disseminating lessons learnt from interventions;

(c) a security layer, consisting of the set of systems, rules and
procedures necessary for ensuring the confidentiality of the
data stored in and exchanged via the CECIS.

Article 9

The CECIS shall be set up and operate in accordance with

1.
Decision No 1719/1999/EC and Decision No 1720/1999/EC.

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The network layer shall be operated using the trans-Euro-
2.
pean services for telematics between administrations (TESTA),
an IDA generic service as set out in Article 4 of Decision No
1720/1999/EC.

The application layer shall be a web-enabled multilingual
3.
database, accessible over TESTA and linked with the use of a
normal SMTP e-mail application.

The security layer shall be based on the use of the public
4.
key infrastructure for closed user groups (IDA PKI-CUG), an
IDA generic service as set out in Article 4 of Decision No
1720/1999/EC.

Article 10

The handling of documents, databases, and information
systems classified up to ‘EU RESTRICTED’ within the CECIS
shall conform to the provisions set out in Council Decision
2001/264/EC (1) and in Commission Decision 2001/844/EC,
ECSC, Euratom (2).

(b) on the basis of an open call for tenders, establish agree-
ments for the development and validation of the applica-
tion layer as well as for the feasibility studies;

(c) ensure that all persons involved in the development and
feasibility
validation phases as well as the subsequent
studies are appropriately cleared to handle information clas-
sified at least ‘EU CONFIDENTIAL’ according to Decision
2001/264/EC and Commission Decision 2001/844/EC,
ECSC, Euratom;

(d) ensure the management of the project in view of the final
installation of the CECIS. In this respect, the Commission
shall provide and update a general plan and shall coordi-
nate the development, validation, and implementation
phases with the participating States, and the selected
contractor(s). The Commission shall also take into account
the needs and requirements of the participating States;

(e) follow up, validate and test the separate layers and the

completed CECIS with the help of the user group;

Documents and information classified as ‘EU CONFIDENTIAL’
or higher, shall be transmitted pursuant to special arrangements
between the originator and the recipient(s).

(f) ensure the training of trainers and that the participating
States are regularly informed of the advancement of the
project;

The security classification of the CECIS shall be upgraded as
appropriate.

(g) ensure security of the project mainly by not permitting

unauthorised dissemination of sensitive information;

Article 11

1.
The participating States shall submit to the Commission
the appropriate information using the ‘Country card template’
set out in the Annex.

The participating States shall provide information on
2.
contact points in the context of civil protection and, where
appropriate, of other services handling natural, technological,
radiological or environmental accidents,
including accidental
marine pollution.

3.
The participating States shall notify the Commission of
any changes to the information referred to in paragraphs 1 and
2 immediately.

Article 12

A user group consisting of representatives nominated by the
the
participating States shall be established.
Commission in the validation and testing of the CECIS.

It shall assist

(h) ensure, via the Commission's Data Centre, that the server is
appropriately connected to TESTA and is available on at
least the same service level as the rest of the network;

(i) ensure the implementation of the PKI through the Telecom-

munications Centre;

(j) provide all the necessary support for the implementation
phase of the project and ensure necessary maintenance and
support thereafter.

2.
The participating States shall ensure the fulfilment of the
engagements undertaken in the context of the country card
template, such as connection to the TESTA II network, avail-
ability of conformant web browsers and e-mail clients and
implementation of PKI procedures, in line with the approved
planning.

CHAPTER V

Article 13

ASSESSMENT AND/OR COORDINATION TEAMS, INCLUDING
CRITERIA FOR THE SELECTION OF EXPERTS

1.
A global implementation plan (GIP) for the implementa-
tion of the CECIS is hereby established. According to the GIP
the Commission shall:

(a) establish specific agreements in the context of the respec-
tive IDA framework contracts for the implementation of
the network and security layers;

(1) OJ L 101, 11.4.2001, p. 1.
(2) OJ L 317, 3.12.2001, p. 1.

Article 14

The participating States shall provide and regularly update their
information on the experts selected in accordance with Article
3(b) of Decision 2001/792/EC, Euratom.

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Article 15

Article 20

The experts shall be classified in the following categories:

(a) technical experts;

(b) assessment experts;

(c) coordination team members;

(d) coordination head.

1.
The Monitoring and Information Centre shall be capable
of mobilising and dispatching the designated experts at very
short notice after the experts have been activated by the partici-
pating States.

2.
The Monitoring and Information Centre shall follow the
dispatch procedure based on the confirmation for mission used
by the Commission for the secondment of experts in emer-
gency situations, which covers the following elements:

Article 16

1.
The technical experts shall be able to provide advice on
specific, highly technical topics and on risks involved and be
available for missions.

(a) written confirmation of the mission;

(b) the objectives of the mission;

(c) the envisaged duration of the mission;

(d) the local contact person information;

(e) the insurance condition coverage;

2.
The assessment experts shall be able to provide an assess-
ment of the situation and advise on the appropriate action to
be taken and be available for missions.

(f) the daily compensation allowance to cover expenses;

(g) the specific payment conditions;

The coordination team members may include a deputy
3.
coordination head, persons
logistics and
communications and other personnel as necessary. If requested,
the technical experts and the assessment experts may be incor-
porated into the coordination team in order to assist the coor-
dination head for the whole duration of a mission.

responsible

for

The coordination head shall be responsible for leading the
4.
assessment and coordination team during an intervention. She/
he shall assume proper liaison with the authorities of
the
affected country, with the Monitoring and Information Centre,
with other international organisations and, in case of any civil
protection assistance interventions outside the participating
States, also with the Member State holding the Presidency of
the Council of the European Union or its representative and
with the Commission delegation in that country and with the
office or official representative of the European Community
Humanitarian Aid Office (ECHO) in that country.

Article 17

The information on the experts shall be compiled by the
Commission in an expert database and be made available
through the CECIS.

Article 18

experts

The
programme set up in accordance with Article 21.

shall, where necessary,

follow the

training

(h) guidelines for technical experts, assessment experts, coordi-

nation experts and heads.

CHAPTER VI

TRAINING PROGRAMME

Article 21

1.
A training programme covering civil protection assistance
interventions is set up. The programme shall include general
and specific courses, exercises and an exchange of experts
system. The programme shall be aimed at the target groups set
out in Article 22.

The Commission shall be responsible for the coordination
2.
and organisation of the training programme and for defining
the content and the schedule of the training programme.

Article 22

The target groups of the training programme shall be:

(a) participating States' intervention teams;

(b) participating States' intervention team leaders, their depu-

ties and liaison officers;

(c) experts of the participating States as set out in Article 15;

(d) national key contact point staff;

(e) officials of the Community institutions.

Article 19

In the event of a request for assistance, the participating States
shall be responsible for activating the available experts and put
them in touch with the Monitoring and Information Centre.

The general and specific courses shall be aimed at the different
target groups set out in Article 22(b) to (e).

Article 23

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Article 24

The exercises shall,
group set out in Article 22(a), aim at:

in particular with regard to the target

(a) improving the response capacity and providing the neces-
sary practice of the teams meeting the criteria for participa-
tion in civil protection assistance interventions;

(b) improving and verifying the procedures and establishing a
common language for the coordination of civil protection
assistance interventions and reducing the response time in
major emergencies;

(c) enhancing operational

cooperation between the

civil

protection services of the participating States;

(d) sharing lessons learned.

Article 25

The exchange system shall
include the exchange of experts
between participating States and/or the Commission, with the
aim of enabling experts to:

1. gain experience in other fields;

2. become acquainted with various techniques and operational

procedures used;

3. study approaches taken by other participating emergency

services and institutions.

Article 26

Where appropriate, additional training opportunities to meet
identified needs for the smooth and efficient operation of civil
protection assistance interventions shall be provided.

Article 27

The Commission shall ensure coherence of the level of

1.
training and its content.

The participating States and the Commission shall desig-

2.
nate their trainees for each training session.

The Commission shall organise an appropriate evaluation

3.
system of the training actions organised.

CHAPTER VII

INTERVENTIONS INSIDE AND OUTSIDE THE COMMUNITY

Article 28

Alert phase

1.
In the event of a major emergency within the partici-
pating States or imminent threat thereof, which causes or is
capable of causing transboundary effects or which may result

in a call for assistance through the Monitoring and Information
Centre from one or more countries, the competent authority
and/or contact points of the State in which the emergency is
imminent or has occurred, shall without delay inform the
Monitoring and Information Centre via the established commu-
nication channels.

2.
If the Commission has been informed of a major emer-
gency occurring in a third country, which may require civil
protection assistance, the Monitoring and Information Centre
shall
the
take contact with the competent authorities of
Member State holding the Presidency of the Council of the
European Union and with the other relevant Commission
services in order to inform them of the situation.

The Monitoring and Information Centre shall collect the
3.
essential
that
information on early warnings and transmit
through the established communication channels and networks
to the competent civil protection authorities of all participating
States and/or their contact points.

A participating State affected by a major emergency shall
4.
keep the Monitoring and Information Centre informed of the
evolution of the situation if any risks for transboundary conse-
quences may appear. The Monitoring and Information Centre
shall subsequently inform other participating States and rele-
vant Commission services and regularly update its information
of any evolution of the situation.

Article 29

Requests for assistance

1.
A participating State or a third country affected by a
major emergency shall,
if assistance is required through the
for civil
Community mechanism, address a formal request
protection assistance to the Monitoring and Information
Centre.

In case of a major emergency occurring in a third
2.
country, which may require civil protection assistance,
the
Commission may decide on its own initiative to inform the
third country of potential Community assistance if needed. The
Monitoring and Information Centre shall keep the Member
State holding the Presidency of the Council of the European
Union regularly informed of any developments.

The State requesting assistance shall provide the Moni-
3.
toring and Information Centre with all relevant information
concerning the situation, and in particular, specific needs, the
support requested and the location.

If assistance in the form of experts and/or intervention teams
and means is requested, the requesting State shall inform the
Monitoring and Information Centre about the time frame and
location of arrival of the assistance, and the on-site operational
contact point managing the emergency.

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Following coordination between the Monitoring and
4.
Information Centre and the requesting State, the Monitoring
and Information Centre shall dispatch the request for assistance
to the participating States and, where appropriate consult the
resources database and inform the
relevant Commission
services. Any changes in the initial request for assistance by the
requesting State shall immediately be transmitted to all partici-
pating States.

Following the formal request, the participating States shall
5.
immediately inform the Monitoring and Information Centre
about their current capacity for providing assistance, indicating
its scope and terms.

6.
The information referred to in paragraph 5 shall immedi-
ately be compiled and transmitted by the Monitoring and Infor-
mation Centre to the requesting State and to the other partici-
pating States.

The requesting State shall

7.
inform the Monitoring and
Information Centre of which intervention teams and means it
has selected.

Article 30

Direction of interventions

In the event of a major emergency occurring inside the
1.
Community, the requesting State shall direct
the assistance
intervention in accordance with Article 5(3) and(4) of Decision
2001/792/EC, Euratom.

2.
In the event of a major emergency occurring outside the
Community, the assessment and coordination teams shall carry
out their tasks in accordance with Article 16. The coordination
is ensured by the Member State holding the Presidency of the
Council of the European Union or its appointed representative.

Article 31

Interventions in third countries

for

8. With regard to requests
intervention teams and
means, the Monitoring and Information Centre shall inform the
participating States of the selection of the requesting State. The
participating States providing the assistance shall keep the
Monitoring and Information Centre regularly informed on the
dispatch of the intervention teams and means.

In third countries, the Community assistance intervention may
either be conducted as an autonomous operation between the
affected third country and the Monitoring and Information
Centre and the representative of the Member State holding the
Presidency of the Council of the European Union, or as a
contribution to an intervention led by the EU or by an interna-
tional organisation.

9. With regard to requests for experts, the Monitoring and
Information Centre shall:

(a) contact the participating States, using the ‘expert database’
set up in accordance with Article 17, and enquire about the
availability of experts ready to leave, whenever necessary,
within three hours after their designation;

(b) after consultation with the requesting State, make a selec-
tion from amongst the available experts and inform the
participating States accordingly;

Article 32

Expert missions

1.
The dispatched experts shall carry out the tasks set out in
Article 16. They shall report regularly to the requesting State
authorities and to the Monitoring and Information Centre.

(c) immediately make contact with the experts and proceed to
dispatch them in accordance with the dispatch procedure
set out in Article 20(2);

2.
The Monitoring and Information Centre shall keep the
participating States informed about the progress of the expert
mission.

(d) on the basis of an updated report established by the
requesting State, the Monitoring and Information Centre
shall prepare a briefing for the experts and intervention
team leaders before their dispatch.

In the event of a major emergency occurring in a third
10.
country, the Monitoring and Information Centre shall work in
close consultation with the Member State holding the Presi-
dency of the Council of the European Union and relevant
Commission services.

3. With regard to the progress of the expert missions in
third countries, the Monitoring and Information Centre shall
keep the Delegation of
the Commission in the country
concerned and the representative of the Member State holding
the Presidency of the Council of the European Union informed
as well as the relevant services of the Commission.

The requesting State shall

4.
inform the Monitoring and
Information Centre on a regular basis about the evolution of
ongoing activities at the site of the emergency.

11.
The requesting State shall activate its own arrangements
allowing coordination of the dispatched assistance at national
levels. The requesting State shall facilitate border
or regional
crossings for the interventions and ensure logistical support.

In the case of interventions in third countries, the coordi-
5.
nation head shall
inform the Monitoring and Information
Centre on a regular basis of the evolution of ongoing activities
on the site of the emergency.

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The Monitoring and Information Centre shall compile all
6.
information received and distribute it to the contact points and
competent authorities of the participating States.

Article 33

Operational disengagement

1.
The requesting State or any of the participating States
providing assistance shall inform the Monitoring and Informa-
tion Centre and the dispatched Community experts and assis-
tance intervention teams when their assistance is no longer
required or can no longer be provided. The effective disengage-
ment
shall be organised in an appropriate way by the
requesting State and the participating States; the Monitoring
and Information Centre shall be kept informed thereof.

2.
In third countries, the coordination head shall report to
the Monitoring and Information Centre when assistance is no
longer required or can no longer be provided. The Monitoring
and Information Centre shall transmit this information to the
delegation of the Commission in that country and the represen-
tative of
the
Council of the European Union as well as the relevant Commis-
sion services. The Monitoring and Information Centre in coor-
dination with the Member State holding the Presidency of the
Council of the European Union and the requesting State shall
ensure the effective disengagement.

the Member State holding the Presidency of

Article 34

Reporting and lessons learnt

1.
The competent authorities of the requesting State and of
the participating States having provided assistance, as well as
the dispatched Community experts, shall present their conclu-
sions on all aspects of the intervention to the Monitoring and
Information Centre. A summary report shall then be prepared
by the Monitoring and Information Centre on the assistance
provided.

2.
The Monitoring and Information Centre shall disseminate
lessons learnt in order to evaluate and to improve the civil
protection assistance interventions.

The Participating State providing assistance may, bearing
2.
in mind in particular the nature of the emergency and the
extent of any damage, offer its assistance entirely or partially
free of charge. That State may also waive all or part of the
reimbursement of its costs at any time.

3.
If not agreed otherwise, for the duration of the interven-
tion, the requesting State shall house and feed the assisting
teams from the participating States, and, if their supplies and
provisions run out, shall replenish them at its own expense.
Nevertheless, assisting teams shall be initially logistically inde-
pendent and self-sufficient for a reasonable period depending
on the used assets and shall inform the Monitoring and Infor-
mation Centre accordingly.

Costs

4.
shall be
for dispatching Community experts
handled in accordance with Article 20. The Commission shall
bear these costs.

Article 36

Compensation for damage

The requesting State shall

refrain from making any
1.
request for compensation from participating States for damage
caused to their property or service staff where such damage is
the consequence of the assistance intervention provided for by
this Decision, unless it is proven to be the result of fraud or
serious misconduct.

2.
In the event of damage suffered by third parties as the
result of assistance interventions, the requesting State and the
participating State providing assistance shall cooperate to facili-
tate compensation of such damage.

Article 37

This Decision is addressed to the Member States.

Article 35

Costs

Done at Brussels, 29 December 2003.

1.
If not agreed otherwise, the State requesting assistance
shall bear the costs of assistance provided by the participating
States.

For the Commission

Margot WALLSTRÖM

Member of the Commission

L 87/28

EN

Official Journal of the European Union

25.3.2004

ANNEX

25.3.2004

EN

Official Journal of the European Union

L 87/29

L 87/30

EN

Official Journal of the European Union

25.3.2004