Proposal for a Council Decision Establishing a Community civil protection mechanism (recast) {SEC(2006)113}
Date: 2006-01-26
Institutions: European Commission
Subjects: EU Member State, EU programme, action programme, civil defence, cooperation policy

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 26.1.2006 
COM(2006)29 final 

2006/0009(CNS) 

Proposal for a 

COUNCIL DECISION 

Establishing a Community civil protection mechanism 
(recast) 

{SEC(2006)113} 

. 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

1)  CONTEXT OF THE PROPOSAL 

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•  Grounds for and objectives of the proposal 

The  Community  civil  protection  mechanism  [hereinafter:  the  mechanism]  was 
established in 2001 to support and facilitate the mobilisation and coordination of civil 
protection assistance in the event of major emergencies occurring inside or outside the 
Union. Since its establishment, it has proven to be a simple but effective tool enabling 
closer cooperation and better coordination in civil protection assistance interventions. 

Recent  experience  highlights  the  need  to  develop  the  mechanism  beyond  its  current 
mandate. The main objectives of the present proposal are to strengthen the mechanism, 
based  upon  the  lessons  learned  in  past  emergencies,  and  to  provide  a  legal  basis  for 
additional  Community  actions  that  are  necessary  to  meet  today's  challenges  in  civil 
protection interventions. The proposal builds upon the ideas set out in the Commission 
Communication "Improving the Community Civil Protection Mechanism", adopted on 
20 April 20051 and takes account of the conclusions adopted by the Council on 18 July 
2005.  It  is  also  based  upon  the  EU  Restricted  Communication  "Building  solidarity 
through mutual assistance" of 8 November 2005.2 

including 

Moreover,  the  proposal  takes  account  of  a  series  of  declarations  by  the  European 
Council  and  the  European  Parliament,  setting  out  policy  orientations  for  the  further 
development  of  European  civil  protection  cooperation.  The  June  2004  European 
Council  requested  that  "existing  cooperation  on  civil  protection  […]  be  enhanced, 
reflecting  the  will  of  Member  States  to  act  in  solidarity".  The  December  2004 
European Council reaffirmed the need for "further assessment and development of civil 
protection  capabilities, 
joint  exercises  and  coordination  of  public 
information". In the wake of the tsunami in South Asia, the Council adopted an Action 
Plan  encompassing  all  the  initiatives  taken,  or  to  be  taken,  by  the  Union  and  the 
Member  States,  including  possible  improvements  of  the  Mechanism  and  the 
development of an EU rapid reaction capability to deal with disasters.3 Simultaneously, 
the European Parliament called for "the creation of a pool of specialised civilian civil 
protection  units,  with  appropriate  material,  which  should  undertake  joint  training  and 
be available in the event of [disasters] within the Union or in the rest of the world". In 
June  2005,  the  European  Council  requested  priority  action  on  "the  strengthening  of 
civil  protection  capabilities  […]  and  the  development  of  a  rapid  reaction  capability 
based on the civil protection modules of the Member States". 

Together,  these  declarations  set  out  a  clear  orientation  for  future  civil  protection 
cooperation at European level. 

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2 
3 

COM(2005) 137 of 20.4.2005. 
SEC(2005) 1406 of 8.11.2005. 
In response, the Commission adopted on 20 April 2005 a Communication on “Reinforcing EU Disaster 
and  Crisis  Response  in  third  countries”,  COM(2005)  153,  and  a  Communication  on  “Improving  the 
Community Civil Protection Mechanism”, COM(2005) 137. 

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120 

•  General context 

Recent  years  have  witnessed  a  significant  increase  in  the  occurrence,  severity  and 
intensity  of  natural  disasters,  resulting  in  the  loss  of  human  lives,  the  destruction  of 
economic and social infrastructure and the degradation of already fragile ecosystems. 
New  technological  risks  are  making  civil  protection  increasingly  complex.  Terrorist 
attacks  across  the  EU  have  highlighted  the  importance  of  effective  consequence 
management. 

The past three years have seen a considerable growth in the number of countries calling 
upon the mechanism for immediate civil protection assistance. In the first ten months 
of  2005,  more  than  ten  countries  requested  assistance  through  the  mechanism.  The 
mechanism  has  been  utilised  by  Member  States,  candidate  countries,  partners  in  the 
developing world and some of the world's most affluent nations to help them respond 
to disasters that were beyond the capacity of their national authorities. 

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•  Existing provisions in the area of the proposal 

At  present,  two  legal  instruments  govern  civil  protection  cooperation  at  Community 
level: 

i) Council Decision 1999/847/EC of 9 December 1999 established a Community action 
programme in the field of civil protection4, which was to expire by the end of 2004, but 
which was extended until the end of 2006. It is accompanied by multi-annual specific 
budgets.  

ii)  Council  Decision  2001/792/EC,  Euratom  of  23  October  2001  establishing  a 
Community  mechanism  to  facilitate  reinforced  cooperation  in  civil  protection 
assistance  interventions.5  This  instrument  has  no  financial  nature;  it  focuses  on  the 
operational obligations of the Member States and the Commission. 

The  present  proposal  relates  to  Council  Decision  2001/792/EC,  Euratom.  It  amends 
this Decision to allow improved cooperation and coordination. 

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•  Consistency with the other policies and objectives of the Union 

Particular attention has been given to avoid duplication with actions carried out under 
other Community instruments and policies, in particular EC humanitarian aid. 

2)  CONSULTATION OF INTERESTED PARTIES AND IMPACT ASSESSMENT 

•  Consultation of interested parties 

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Consultation methods, main sectors targeted and general profile of respondents 

In  preparing  this  proposal,  the  Commission  consulted  the  Member  States,  the  five 
additional countries participating in the mechanism6 and other stakeholders through a 

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OJ L 327, 21.12.1999, p. 53. 
OJ L 297, 15.11.2001, p. 7. 
These are: Bulgaria, Romania, Iceland, Liechtenstein and Norway.  

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public consultation process. A discussion paper and a questionnaire were posted on the 
internet and a consultation meeting convened. 

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Summary of responses and how they have been taken into account 

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The consultation process revealed widespread support for the overall policy objective 
to strengthen the existing instruments in the field of civil protection. The respondents 
expressed  general  agreement  with  the  objectives  identified  in  the  consultation  paper 
and supported the Commission's approach to build upon the existing instrument rather 
than  to  create  new  tools.  Others  expressed  doubts  as  to  the  appropriateness  of  the 
proposed format of a Directive and emphasised the need to respect the overall financial 
perspectives and to base future developments on a thorough deficit analysis. 

Some  respondents  remarked  on  the  need  to  improve  the  visibility  of  European  civil 
protection  assistance.  Others  focused  on  the  need  to  respect  the  principles  of 
subsidiarity  and  to  maximise  added  value  at  EU  level.  Some  Member  States  also 
to  ensure  coordination  and  complementarity  between 
emphasised 
humanitarian  aid  and  civil  protection  in  third  countries.  Several  stakeholders 
underlined  the  importance  of  early  warning.  All  of  these  responses  were  taken  into 
account. 

the  need 

An open consultation was conducted over the internet from 20/01/2005 to 01/06/2005. 
The results are available on 
http://europa.eu.int/comm/environment/civil/consult_new_instrument.htm.  

•  Collection and use of expertise 

There  was  no  need  for  external  expertise.  The  proposal  benefited  from  experience 
gained in responding to past disaster in the context of the mechanism. 

•  Impact assessment 

Three main options have been considered in the preparation of this proposal.  

The first option is to reject any legislative initiative. This option would not allow the 
Community  to  achieve  the  policy  objectives  set  by  the  European  Council  and  the 
European Parliament 

The  most  ambitious  option  available  to  achieve  these  objectives  is  to  create  a 
permanent  European  civil  protection  force.  While  drawing  on  Member  States'  civil 
protection  teams,  the  force  would  be  kept  on  standby  at  European  level  to  respond 
rapidly to emergencies. Although this option presents various advantages, in particular 
relating  to  speed,  effectiveness,  visibility  and  coordination,  it  is  nevertheless 
considered  to  be  unrealistic  at  this  stage  of  the  mechanism's  development  because  of 
the financial implications and the administrative and management challenges it entails. 

The  third  option  is  to  introduce  a  limited  number  of  improvements  in  the  Council 
Decision  governing  the  mechanism.  This  approach  enables  the  Community  to  pursue 
more  ambition  in  civil  protection  cooperation,  while  remaining  pragmatic  and  cost-
effective.  It  allows  the  Community  to  continue  to  build  upon  Member  States'  civil 
protection  resources,  as  the  principal  means  through  which  EU  civil  protection 

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assistance  is  implemented,  and  to  provide  additional  support  to  complement  the 
Member States' resources. While avoiding the financial costs associated with option 2, 
the proposal guarantees an appropriate balance between supporting and complementing 
actions that will allow the Community as a whole to come to the aid of those affected 
by major emergencies. 

3)  LEGAL ELEMENTS OF THE PROPOSAL 

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•  Summary of the proposed action 

This proposal is a recasting of Council Decision 2001/792/EC, Euratom in line with the 
Interinstitutional Agreement on the recasting technique for legal acts. It incorporates in 
a  single  text  both  the  substantive  amendments  it  makes  to  Council  Decision 
2001/792/EC,  Euratom  and  the  unchanged  provisions  thereof.  The  proposal  will 
replace  and  repeal  this  Decision.  This  will  help  make  Community  legislation  more 
accessible and transparent. 

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•  Legal basis 

According to Article 3(1)(u) of the Treaty establishing the European Community, the 
activities of the Community are to include measures in the sphere of civil protection. 
Since  civil  protection  assistance  can  also  be  needed  in  the  event  of  radiological 
emergencies,  this  proposal  needs  to  be  based  also  on  the  Treaty  establishing  the 
European Atomic Energy Community. 

In the absence of a specific civil protection legal basis, this proposal is based on Article 
308  of  the  Treaty  establishing  the  European  Community  and  Article  203  of  the 
Euratom  Treaty.  These  two  legal  bases  provide  for  the  same  decision-making 
procedure, i.e., the Council shall take the appropriate measures, acting unanimously on 
a proposal from the Commission and after consulting the European Parliament. 

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•  Subsidiarity principle 

The  subsidiarity  principle  applies  insofar  as  the  proposal  does  not  fall  under  the 
exclusive competence of the Community. 

The  objectives  of  the  proposal  cannot  be  sufficiently  achieved  by  the  Member  States 
for the following reason(s). 

The mechanism was established because major disasters can overwhelm the response 
capacities  of  any  individual  Member  State.  When  this  is  the  case,  mutual  civil 
protection assistance is a necessary complement to the national response capacities. 

Community action will better achieve the objectives of the proposal for the following 
reason(s). 

Reinforcing the Community's ability to provide effective civil protection assistance in 
the event of major emergencies is both a political imperative and a practical necessity. 
The  European  Council  and  the  European  Parliament  have  recognised  the  need  for 
stronger  civil  protection  cooperation  at  EU  level.  The  proposal  will  allow  Member 
States  to  contribute  more  effectively  to  Community  civil  protection  assistance  and  to 

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benefit  from  improved  coordination  and  cooperation  in  a  stronger  legal  framework. 
Simultaneously, it provides Member States with the reassurance of effective and well-
coordinated civil protection assistance from the other Member States in times of need.  

The proposal also allows Member States to pursue economies of scale in certain areas, 
such as logistics and transport, and allows for a better use of scarce resources. 

In short, the proposal envisages improved cooperation at Community level to support 
and  complement  Member  States'  efforts  when  responding  to  major  emergencies  that 
overwhelm national response capacities. 

The proposal therefore complies with the subsidiarity principle. 

•  Proportionality principle 

The proposal complies with the proportionality principle for the following reason(s). 

The  proposal  does  not  go  beyond  what  is  necessary  to  achieve  the  objectives.  It 
addresses shortfalls that have been identified in past interventions and builds upon the 
successive mandates given by the European Council and the European Parliament. 

The  administrative  burden  falling  upon  the  Community  and  national  authorities  is 
limited and does not go beyond what is required to allow the Community to ensure an 
effective civil protection response to requests for assistance. 

•  Choice of instruments 

Proposed instruments: Council Decision. 

Other means would not be adequate for the following reason(s). 

A recasting of Council Decision 2001/792/EC, Euratom can only be achieved through 
a Council Decision. 

4)  BUDGETARY IMPLICATION 

The proposal has no implication for the Community budget. 

5)  ADDITIONAL INFORMATION 

•  Simplification 

The proposal provides for simplification of legislation. 

The use of the recasting technique allows the Community to combine in a single text 
both the substantive amendments proposed to the Council Decision and the unchanged 
provisions thereof. Moreover, the original text of the Decision has been improved and 
clarified  in  the  interests  of  better  regulation.  This  has  resulted  in  deletions  and 
modifications, which do not affect the substance of the Decision. 

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•  Repeal of existing legislation 

The adoption of the proposal will lead to the repeal of existing legislation. 

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•  Review/revision/sunset clause 

The proposal includes a review clause. 

•  Recasting 

The proposal involves recasting. 

•  European Economic Area 

The proposed act concerns an EEA matter and should therefore extend to the European 
Economic Area. 

•  Detailed explanation of the proposal 

The following is a summary of the main proposals. 

1. Transport 

(a) 

Present situation 

Each  Member  State  is  currently  responsible  for  arranging  the  transport  of  its  civil 
protection  assistance. The lack of  available transport  means has been  the single most 
important  problem  undermining  the  effectiveness  of  European  civil  protection 
assistance  interventions.  In  each  recent  intervention,  several  Member  States  reported 
that  they  were  in  a  position  to  provide  the  requested  assistance,  but  that  they  were 
unable to arrange transport. 

The  reasons  are  many  and  varied.  Not  all  civil  protection  authorities  of  the  Member 
States own aerial transport means on which they can rely at all times. In some cases, no 
procedures  exist  to  use  national  military  means  for  the  transport  of  civil  protection 
assistance.  Arranging  commercial  aircraft  is  often  cumbersome  and  time-consuming. 
Member  States  may be competing for  the same means. Moreover,  the transport costs 
are in some cases disproportionate to the financial value of the assistance. 

As  illustrated  in  the  impact  assessment,  these  problems  often  result  in  much  needed 
assistance being delayed or not being sent. Even when Member States decide to bear 
the financial burden of the transport, these costs tend to have a negative impact on the 
size  or  the  duration  of  the  intervention,  thus  minimising  the  positive  impact  of 
Community civil protection assistance. 

(b) 

Proposals 

The  Community  should  pursue closer  cooperation  in  this  field.  Community  support  - 
both financial and practical - for the transport of civil protection assistance will result 
in more assistance being made available. It will boost cooperation and allow for a more 
visible demonstration of our collective solidarity with countries in need of assistance. It 

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will  reassure  each  Member  State  that  it  can  count  on  Community  civil  protection 
assistance,  even  if  the  transport  means  of  the  other  Member  States  are  exhausted, 
insufficient  or  unavailable.  Most  importantly,  it  will  enable  the  Community  to  save 
more lives and to ensure tangible and timely support to those suffering from disasters. 

The Council Decision should therefore include a new approach to the transport of civil 
protection  assistance  in  the  framework  of  the  mechanism.  The  key  principles  are  as 
follows: 

i)  The  transport  of  national  civil  protection  assistance  remains  the  primary 
responsibility  of  each  country  providing  assistance  through  the  mechanism.  The 
present  proposal  spells  out  this  responsibility  by  requesting  Member  States  to  take 
measures to ensure the timely transport of civil protection assistance. 

ii) Where possible, the Member States should attempt to share their transport resources 
in a collective effort to maximise the assistance and to ensure its rapid delivery. 

iii) Community financing7 should be used as a safety net when national transport is not 
available, insufficient or not able to deliver effectively. It will allow the Commission to 
mobilise additional transport means that are necessary for ensuring a rapid response to 
major  emergencies  and  that  are  not  otherwise  available.  Detailed  rules  on  the 
mobilisation  of  additional  transport  means  will  be  established  in  accordance  with  the 
procedures laid down in Article 13. 

2. Towards a European rapid reaction capability 

(a) 

Present situation 

Community  civil  protection  assistance  interventions  are  implemented  through  teams, 
experts and equipment made available by the Member States on a voluntary basis. To 
this end, Article 3 of the Decision requires Member States to identify in advance teams 
and  experts  which  might  be  available  for  interventions  in  the  framework  of  the 
Community  mechanism.  Article  4(d)  tasks  the  Commission  to  implement  a  training 
programme,  consisting  of  courses,  exercises and  the  exchange  of  experts,  to  improve 
the preparedness of the intervention personnel. 

These  elements,  however  valuable,  are  insufficient  to  develop  a  European  rapid 
reaction  capability,  as  requested  by  the  European  Council.  This  is  confirmed  by  the 
capability assessment, which focused on the civil protection assistance available in the 
event of major terrorist attacks in the Union. The assessment demonstrates capability 
shortfalls  in  several  areas  in  which  mutual  assistance  is  likely  to  be  required.8  These 
must  be  addressed  to  ensure  that  the  Community  can  collectively  provide  assistance 
when needed. 

Moreover,  past  experience  has  demonstrated  that  there  are  limits  to  any  voluntary 
system  of  mutual  assistance,  in  particular  when  similar  risks  affect  various  countries 
simultaneously  (e.g.,  simultaneous  terrorist  attacks  across  the  Union,  forest  fires, 

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8 

See  also  COM(2005)113  of  06.04.2005,  COM(2005)137  of  20.04.2005  and  COM(2005)153  of 
20.04.2005. 
SEC(2005)1406 final of 08.11.2005, section 5. 

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floods). In short, Member States' assistance may not be sufficient to ensure a rapid civil 
protection response in all emergencies. 

(b) 

Proposals 

The  present  proposal  introduces  four  innovations  to  give  expression  to  the  Union's 
ambition  to  develop  an  EU  rapid  reaction  capability  based  on  Member  States'  civil 
protection modules. 

First,  it  confirms  the  arrangements  already  agreed  by  the  Council  on  18  May  2004, 
when adopting the modalities for making available to the mechanism the content of the 
military  database.  In  accordance  with  these  modalities,  the  proposal  invites  Member 
States to include information on the availability of military means in their response to 
requests for assistance. 

Second,  as  requested  by  the  European  Council,  it  calls  upon  Member  States  to  work 
towards the development of civil protection modules. These modules are specific, pre-
defined  arrangements  of  Member  States'  civil  protection  resources  capable  of 
responding  effectively  to  requests  for  assistance  distributed  through  the  mechanism. 
They  can  consist  of  equipment,  personnel  or a  combination  thereof.  They  need  to  be 
fully  interoperable,  rapidly  deployable  and  equipped  to  either  perform  support 
functions  or  to  meet  priority  needs  arising  from  emergencies.  In  the  development  of 
these  modules,  possible  synergies  could  be  explored  with  other  types  of  expertise 
relevant  to  the  response  to  major  emergencies.  Most  importantly,  modules  can  be 
developed by one Member State or by different Member States working together. The 
latter  would  create  additional  opportunities  for  cooperation,  in  particular  for  smaller 
countries,  and  allow  all  Member  States  to  contribute,  individually  or  collectively,  to 
Community  civil  protection  interventions.  Once  the  modules  become  an  important 
element  in  the  database  of  available  assistance,  the  MIC  will  be  in  a  position,  upon 
receipt  of  a  request  for  assistance,  to  identify  rapidly  the  most  needed  modules  and 
seek their immediate mobilisation through the competent Member State(s). 

Third,  the  capability  assessment  has  demonstrated  the  need  for  further  action  in  the 
field  of  logistics.  The  Community  should  exploit  economies  of  scale  in  this  area  and 
ensure  that  central  support  functions  (communications,  light  vehicle  fleet  on  site, 
supplies, technical workshop facilities, etc.) can be met by dedicated units serving all 
Member  States'  intervention  teams.  This  will  allow  the  latter  to  concentrate  on  their 
core tasks, thus enhancing their effectiveness and maximising the impact of European 
civil  protection  assistance.  The  support  modules  will  consist  of  Member  States' 
resources,  to  be  dispatched  by  the  relevant  Member  States  in  consultation  with  the 
Commission. 

Finally, while Community civil protection assistance should continue to rely primarily 
on voluntary contributions from the Member States, the present proposal provides the 
framework for a new policy enabling the Community to complement Member States' 
assistance with additional support and means in a cost-efficient way. This support shall 
aim at providing assistance that cannot be obtained from the countries participating in 

9 

On  the  differences  between  Community  civil  protection  assistance  and  EC  humanitarian  aid,  see  the 
Commission Communication COM(2005)137 of 20.4.2005, section 1.4.  

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the  Mechanism.  It  could  consist  in  the  hiring  on  a  temporary  basis  of  specific 
equipment (medevac aircraft, high capacity pumps for floods, fire fighting aircraft for 
forest fires, etc.). 

The  latter  proposal  will  require  the  elaboration  of  strict  criteria  or  thresholds,  to  be 
established in accordance with the procedure set out in Article 13. It is not intended to 
replace  national  preparedness  measures  or  to  provide  Community  financing  for  the 
acquisition of civil protection equipment at Member State level. It is simply aimed at 
providing an additional safety net that can be relied upon in exceptional circumstances 
to supplement the assistance available from the Member States. When Member States' 
assistance  is  insufficient,  unavailable  or  ineffective,  it  will  allow  the  Community  to 
meet specific humanitarian needs or to avoid irreparable environmental harm. 

Aimed at enhancing the collective security of European citizens through an additional 
safety net, this proposal meets the tests of necessity and subsidiarity. It is a necessary 
prerequisite to enable the Community to respond at all times to a request for assistance 
from one of its Member States, even if the requested assistance is not existent in any of 
the  other  Member  States  or  if  national  assistance  from  the  other  Member  States  is 
insufficient  or  unavailable.  It  provides  an  additional  layer  of  protection  and  security 
that cannot be guaranteed by the Member States acting individually. 

3. Early warning 

The  Community's  ability  to  respond  rapidly  to  natural  disasters  is  dependent  on  the 
availability of early warning systems enabling the Member States and the monitoring 
and information centre to take the necessary action within the shortest delays possible. 
These  systems  should  take  into  account  existing  information  sources,  such  as  the 
Global  Disaster  Alert  and  Coordination  System  (GDACS)  and  the  UNDAC  alert 
system.  By  contributing  to  the  development  of  these  systems,  the  Community  should 
assist  Member  States  in  minimising  the  lead  time  to  respond  to  natural  disasters  and 
enhance the EU's collective ability to react rapidly. The Council has expressed a strong 
interest  in  pursuing  further  work  in  this  field.  An  appropriate  legal  basis  needs  to  be 
created in the Council Decision to pursue this work within the mechanism.  

The principal objective of the proposed Community action on early warning is to better 
protect  European  citizens  from  the  effects  of  major  natural  disasters.  Examples  of 
relevant actions in this field include: assessing and where necessary upgrading existing 
early  warning  systems,  better  linking  detection  systems  to  alert  mechanisms, 
identifying  synergies  between  different  systems  and  linking  them  for  easy  access  by 
decision-makers.  

4. Coordination of interventions in third countries 

(a) 

Present situation 

Assistance interventions outside the Community can either be conducted autonomously 
or as a contribution to an operation led by an international organisation. 

In  some  disaster  situations,  civil  protection  intervenes  in  response  to  humanitarian 
needs  and  contributes  to  a  wider  humanitarian  effort.  Both  civil  protection  assistance 
and humanitarian aid address the immediate needs arising from major disasters. While 

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civil protection assistance interventions are typically of a short term nature, however, 
humanitarian  operations  usually  continue  beyond  the  acute  phase  of  an  emergency.9 
Arrangements have been developed within the Commission to ensure close cooperation 
between  the  Mechanism  and  ECHO  and  to  enable  a  comprehensive  emergency 
response  to  disasters.  Commission  operating  procedures  will  continue  to  reinforce 
synergies between EC humanitarian aid and civil protection, building on their specific 
roles and comparative advantages. This should also allow a more accurate reporting of 
humanitarian contributions made by the Community and the Member States. 

Particular  efforts  have  also  been  made  to  ensure  proper  coordination  with  the  United 
Nations. An agreement has been signed by the Commission and the UN Office for the 
Coordination of Humanitarian Affairs (OCHA) in October 2004 to establish the basic 
principles  for  further  cooperation  and  coordination  and  to  avoid  unnecessary 
duplication  of  effort.  The  Commission  will  continue  to  pursue  coordination  with  the 
UN and other international actors to maximise the use of available resources. 

(b) 

Proposals 

Improved coordination at Community level is a prerequisite to supporting the overall 
coordination effort and ensuring a comprehensive European contribution to the global 
relief  effort.  Article  6  of  the  Council  Decision  should  therefore  clarify  the  roles  and 
responsibilities - as they have developed in practice - of the Member State holding the 
Presidency  of  the  Council  of  the  European  Union,  the  civil  protection  coordination 
team on site and the Commission. 

The  Presidency  coordinates  the  political  response  in  close  consultation  with  the 
Commission. Most importantly, it liaises with the affected country, in particular at the 
early stages of a major emergency, to facilitate the early deployment of a Community 
assistance intervention. The present proposal also creates the possibility for the country 
holding the Presidency to request another Member State to take responsibility, in whole 
or in part, for the political coordination. This may prove useful, for instance, when an 
emergency starts during one country's Presidency and spills over into the next country's 
term, when multiple emergencies occur at the same time or when the Presidency does 
not  have  bilateral  relations  with  the  affected  country.  Similarly,  it  should  be  possible 
for the Presidency to request assistance from the Commission in these circumstances. 

Through the MIC, the Commission coordinates the European civil protection response 
at operational level, in close consultation with the Member States providing assistance, 
the affected country and, where present, the UN. Once a request for assistance has been 
distributed  through  the  mechanism,  all  Member  States  providing  civil  protection 
assistance  should  liaise  with  the  MIC  to  enable  the  Commission  to  ensure  a 
comprehensive and coherent European civil protection contribution to the global relief 
effort.  Where  appropriate,  the  Commission  decides,  in  consultation  with  the 
Presidency,  to  mobilise  and  dispatch  an  assessment  and/or  coordination  team 
consisting of Member States' experts. The assessment and/or coordination team should 
be  given  a  clear  mandate  and  the  formal  authority  to  coordinate  the  civil  protection 
teams  operating  in  the  context  of  the  Community  mechanism.  The  team  should  be 
provided  with  basic  logistical  support,  in  particular  communications  equipment  to 
enable it to effectively coordinate the European civil protection assistance. 

EN 

11 

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2006/0009(CNS) 

(cid:208) 2001/792 (adapted) 

. 

⌦ Proposal for a⌫  

COUNCIL DECISION 

of 23 October 2001 

establishing a Community mechanism to facilitate reinforced cooperation in civil 
protection assistance interventions ⌦ mechanism ⌫ 

(2001/792/EC, Euratom) 
⌦( recast) 
(Text with EEA relevance) ⌫ 

THE COUNCIL OF THE EUROPEAN UNION, 

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

and  ⌦ Having  regard ⌫  to  the  Treaty  establishing  the  European  Atomic  Energy 
Community, and in particular Article 203 thereof, 

Having regard to the proposal from the Commission10, 

Having regard to the opinion of the European Parliament11, 

Having regard to the opinion of the ⌦ European ⌫ Economic and Social Committee12, 

Having regard to the opinion of the Committee of the Regions13, 

Whereas: 

(1) 

A  number  of  substantial  changes  are  to  be  made  to  Council  Decision  2001/792/EC, 
Euratom  of  23  October  2001  establishing  a  Community  mechanism  to  facilitate 

(cid:216) new 

10 
11 
12 
13 

OJ C […], […], p. […]. 
OJ C […], […], p. […]. 
OJ C […], […], p. […]. 
OJ C […], […], p. […]. 

EN 

12 

   EN 

 
 
                                                 
reinforced cooperation in civil protection assistance interventions.14 In the interests of 
clarity, that Decision should be recast. 

(2) 

Recent  years  have  witnessed  a  significant  increase  in  the  occurrence  and  severity  of 
natural and man-made disasters, resulting in the loss of human lives, the destruction of 
economic and social infrastructure and damage to the environment. 

(cid:208) 2001/792 recital 1 (adapted) 
(cid:214) new 

(3)  While aAction by the Community to implement the 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 disaster15  has  helped  protect  people,  the  environment  and 
property,  the  need  is  now  to  ensure  even  better  protection  in  the  event  of  natural, 
technological,  radiological  and  environmental  emergencies,  including  accidental 
marine  pollution,  occurring  both  inside  and  outside  the  European  Union,  and  to 
strengthen  the  provisions  of  the  resolution.  (cid:214) The  United  Nations  Economic 
Commission  for  Europe  (UN/ECE)  Convention  on  the  Transboundary  Effects  of 
Industrial  Accidents, approved  by the Community by Council Decision 98/685/EC16, 
has  helped  to  further  improve  the  prevention  and  management  of  industrial 
disasters. (cid:213) 

(2) 

(4) 

(cid:208) 2001/792 recital 2 (adapted) 

The United Nations Economic Commission for Europe (UN/ECE) Convention on the 
Transboundary  Effects  of Industrial Accidents, which contains provisions on 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/EC17. 

(cid:216) new 

By Decision 2001/792/EC, Euratom, a Community mechanism to facilitate reinforced 
cooperation  in  civil  protection  assistance  interventions  (hereinafter:  the  mechanism) 
was  established,  which  also  takes  into  account  the  special  needs  of  the  isolated, 
outermost  and  other  regions  or  islands  of  the  Community.  Recent  years  have  seen  a 
considerable growth in the number of countries calling upon the mechanism for civil 
protection  assistance.  The  mechanism  should  be  strengthened  to  ensure  a  more 
effective  and  visible  demonstration  of  European  solidarity  and  to  allow  for  the 
development  of  a  European  rapid  response  capability,  as  called  for  by  the  European 
Council in the Conclusions of its meeting of 16 and 17 June 2005 and by the European 
Parliament in its Resolution of 13 January 2005 on the tsunami disaster.  

(cid:208) 2001/792 recital 3 (adapted) 

(3) 

A  mechanism  to  facilitate  reinforced  cooperation  in  civil  protection  assistance 
interventions could supplement the current Community action programme in the field 

14 
15 
16 
17 

OJ L 297, 15.11.2001, p. 7. 
OJ C 198, 27.7.1991, p. 1. 
OJ L 326, 3.12.1998, p. 1. 
OJ L 326, 3.12.1998, p. 1. 

EN 

13 

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of  civil  protection18  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  protection  structure  consisting  of  a  monitoring  and  information 
centre  and  a  common  emergency  communication  and  information  system.  It  would 
also  provide  an  opportunity  for  collecting  validated  emergency  information,  for 
disseminating  that  information  to  the  Member  States  and  for  sharing  lessons  learnt 
from interventions. 

(cid:208) 2001/792 recital 4 (adapted) 

Such  a  ⌦ The ⌫  mechanism  would  take  due  account  of  the  relevant  Community 
legislation  and  international  commitments.  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. 

(cid:216) new 

The  mechanism  should  facilitate  the  civil  protection  response  to  all  types  of  major 
emergencies,  including  natural  and  man-made  disasters,  technological,  radiological 
and  environmental  accidents,  acts  of  terrorism  and  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 pollution19. Civil protection assistance can 
be required in all of these emergencies to complement the response capacities of the 
affected country. 

(cid:208) 2001/792 recital 5 
(cid:214) new 

Prevention is of significant importance for the protection against natural, technological 
and environmental disasters and would require further action to be considered. (cid:214) By 
contributing  to  the  further  development  of  early  warning  systems,  the  Community 
should  assist  Member  States  in  minimising  the  lead  time  to  respond  to  natural 
disasters. These systems should take into account existing information sources.(cid:213) 

(cid:208) 2001/792 recital 7 (adapted) 
(cid:214) new 

Preparatory  measures  need  to  be  taken  at  Member  State  and  Community  level  to 
enable  assistance  intervention  teams  in  emergencies  to  be  mobilised  rapidly  and 
coordinated with the requisite flexibility and to ensure, through a training programme, 
the  effective  response  capability  and  complementarity  of  assessment  and/or 
coordination  teams,  intervention  teams  and  other  resources,  as  appropriate.  Other 
preparatory  measures  would  include  pooling  of  information  related  to  necessary 
medical resources and stimulation of the use of new technologies. (cid:214) The development 
of additional civil protection assistance intervention modules, consisting of resources 
of  one  or  more  Member  States,  should  be  considered  in  order  to  contribute  to  the 
development of a civil protection rapid response capability. (cid:213) 

(5) 

(6) 

(7) 

(8) 

18 

19 

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). 
OJ L 332, 28.12.2000, p. 1. 

EN 

14 

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(cid:208) 2001/792 recital 6 

(9) 

(8) 

In the event of a major 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,  there  is  a  need  for  relevant 
notification  to  be  made  as  appropriate  through  an  established  reliable  common 
emergency communication and information system. 

(cid:208) 2001/792 recital 8 (adapted) 

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. If the preparedness of the requesting Member State 
is not sufficient 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. 

(cid:208) 2001/792 recital 9 (adapted) 
(cid:214) new 

(10)  A  ⌦ The ⌫  mechanism  should  make  it  possible  to  mobilise,  and  facilitate 
coordination  of,  assistance  interventions  in  order  to  help  ensure  better  protection 
primarily  of  people  but  also  of  the  environment  and  property,  including  cultural 
heritage, thereby reducing loss of human life, injury, material damage, economic and 
environmental damage, and making achievement of the objectives of social cohesion 
and  solidarity  more  tangible.  (cid:214)The  reinforced  cooperation  in  civil  protection 
assistance  interventions  should  be  based  on  a  Community  civil  protection  structure 
consisting  of  a  monitoring  and  information  centre  and  a  common  emergency 
communication and information system managed by the Commission and operational 
contact  points  in  the  Member  States.  It  should  provide  a  framework  for  collecting 
validated  emergency  information,  for  disseminating  that  information  to  the  Member 
States and for sharing lessons learnt from interventions. (cid:213) 

(cid:216) new 

(11)  The operational contact points in the Member States should be in a position to provide 
information  on  the  availability  of  the  civil  protection  assistance  requested  by  the 
affected  country,  including  information  on  the  availability  of  military  assets  and 
capabilities. 

(12)  The  availability  of  adequate  transport  means  needs  to  be  improved  to  support  the 
development  of  a  rapid  response  capability  at  Community  level.  The  Community 
should  support  and  complement  the  efforts  of  Member  States  by  facilitating  the 
pooling of transport resources of Member States and by mobilising, where necessary, 
additional transport means. 

(13)  The logistical needs of the intervention teams of the Member States operating on the 
scene  of  an  emergency  can  be  met  more  efficiently  and  cost-effectively  by  the 
mobilisation of support modules at Community level. The Community should ensure 
that  such  modules  can  be  deployed  rapidly  to  enhance  the  effectiveness  of  civil 
protection assistance interventions in the framework of the mechanism. 

(14)  The  possibility  of  mobilising  additional  assistance  at  Community 

level, 
complementing  the  civil  protection  assistance  provided  by  the  Member  States,  is 

EN 

15 

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needed  as  a  safety  net,  in  particular  in  the  event  of  similar  threats  affecting  several 
Member States. 

(cid:208) 2001/792 recital 10 (adapted) 

(10)  The isolated and outermost regions and some other areas of the Community often have 
special  characteristics  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 emergency. Such a Community mechanism would also allow better response to 
be made to these situations and needs. 

(cid:208) 2001/792  recitals  11  and  13 
(adapted) 
(cid:214) new 

(15)  With  respect  to  civil  protection  assistance  intervention  outside  the  Community,  a 
⌦ the ⌫  mechanism  could ⌦ should ⌫  be  made  use  of  as  a  tool  for  facilitating 
⌦ facilitate ⌫  and  supporting  ⌦ support  the ⌫  actions  undertaken,  within  their 
respective  competences,  by  the  Community  and  the  Member  States.  Assistance 
the  Community  can ⌫  would  either  be  conducted 
interventions  ⌦ outside 
autonomously or as a contribution to an operation led by an international organisation, 
for  which  case  the  Community  should  develop  its  relations  with  the  relevant  global 
and  regional  international  organisations.  (cid:214) The  United  Nations,  where  present,  have 
an overall coordinating role for relief operations in third countries. The civil protection 
assistance  provided  under  this  mechanism  should  be  coordinated  with  the  United 
Nations  and  other  relevant  international  actors  to  maximise  the  use  of  available 
resources and avoid any unnecessary duplication of effort. Enhanced coordination of 
civil  protection  assistance  through  the  mechanism  is  a  prerequisite  to  supporting  the 
overall coordination effort and ensuring a comprehensive European contribution to the 
overall relief effort. In major emergencies where assistance is provided under both the 
mechanism  and  Council  Regulation  (EC)  No  1257/96  of  20  June  1996  concerning 
humanitarian  aid20,  the  Commission  should  ensure  the  effectiveness,  coherence  and 
complementarity of the overall Community response.(cid:213) 

(cid:208) 2001/792 recital 12 (adapted) 
(cid:214) new 

(16)  Such a ⌦ The ⌫ Community mechanism could, under conditions to be determined, 
also be a tool for facilitating and supporting crisis management ⌦ in accordance with 
the Joint Declaration by the Council and the Commission of 29 September 2003 on the 
use of the Community Civil Protection Mechanism in crisis management ⌫ referred 
to  in  Title  V  of  the  Treaty  on  the  European  Union  (cid:214) as  well  as  for  facilitating  and 
supporting consular cooperation during emergencies in third countries (cid:213). 

20 

OJ L 163, 2.7. 1996, p. 1;Regulation as amended by Regulation (EC) No 1882/2003 of the European 
Parliament and of the Council ( OJ L 284, 31.10.2003, p. 1). 

EN 

16 

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(cid:208) 2001/792 recital 14 (adapted) 
(cid:214) new 

(14)  Participation in such a mechanism would be open to the ⌦ of ⌫ candidate countries 
(cid:214) and  cooperation  with  other  third  countries (cid:213) ⌦ should  be  possible ⌫  (cid:214) as  this 
would increase the efficiency and effectiveness of the mechanism (cid:213). 

(15)  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.  

(cid:208) 2001/792 recital 15 (adapted) 

(17)  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 Commission21. 

(cid:208) 2001/792 recital 16 

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

(cid:208) 2001/792 recital 17 

(cid:216) new 

(18)  The objectives of the mechanism, including the benefits resulting from the operation 
of the mechanism in terms of reducing the loss of human life and damage, cannot be 
sufficiently achieved by the Member States, and can therefore, by reason of the scale 
or  effects  of  the  proposed  action,  be  better  achieved  at  Community  level.  If  a  major 
emergency overwhelms the response capacities of an affected Member State, this State 
should  be  able  to  appeal  to  the  Community  mechanism  to  supplement  its  own  civil 
protection  resources.  The  Community  may  therefore  adopt  measures  in  accordance 
with  the  principle  of  subsidiarity  as  set  out  in  Article  5  of  the  EC  Treaty.  In 
accordance with the principle of proportionality as set out in that Article, this Decision 
does not go beyond what is necessary in order to achieve these objectives. 

(19)  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, 

(cid:208) 2001/792 recital 18 

21 

OJ L 184, 17.7.1999, p. 23. 

EN 

17 

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HAS ADOPTED THIS DECISION: 

(cid:208) 2001/792 

(cid:208) 2001/792 (adapted) 
(cid:214) new 

⌦ Chapter I 
Subject matter and Scope ⌫ 

Article 1 

1. A Community mechanism to facilitate reinforced cooperation between the Community and 
the  Member  States  in  civil  protection  assistance  intervention  in  the  event  of  major 
emergencies,  or  the  imminent  threat  thereof,  which  may  require  urgent  response  action  is 
hereby established (hereinafter «the mechanism»). 

2.  The  ⌦ protection  to  be  ensured  by  the ⌫  mechanism  is  intended  to  help  ensure  better 
protection, ⌦ shall cover ⌫ primarily of ⌦ the ⌫ people but also of the environment and 
property,  including  cultural  heritage,  in  the  event  of  major  emergencies,  i.e.  natural  (cid:214) and 
man-made  disasters,  acts  of  terrorism  and (cid:213),  technological,  radiological  or  environmental 
accidents  ⌦ including  accidental  marine  pollution  (hereinafter  “major  emergencies”), ⌫ 
occurring inside or outside the Community, ⌦ taking also into account the special needs of 
the  isolated,  outermost  and  other  regions  or  islands  of  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 deliberate marine pollution22. 

The mechanism does ⌦ must ⌫ not affect obligations under existing relevant legislation of 
the  European  Community  or  the  European  Atomic  Energy  Community  or  existing 
international agreements 

The general purpose of the mechanism is to provide, on 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. 

⌦ Article 2 ⌫ 

3. The mechanism ⌦ shall ⌫ consists of a series of ⌦at least the following ⌫ elements 
and actions including: 

22 

OJ L 332, 28.12.2000, p. 1. 

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18 

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(cid:208) 2001/792 
(cid:214) new 

(1) 

(2) 

the  identification  of  intervention  teams  and  other  intervention  support  available  in 
Member States for assistance intervention in the event of emergencies, (cid:214) including 
military assets and capabilities available to support civil protection (cid:213) , ;  

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

(cid:208) 2001/792 (adapted) 

(3) 

workshops, seminars and pilot projects on major aspects of interventions, ;  

(cid:208) 2001/792 (adapted) 

(cid:208) 2001/792 

(4) 

(5) 

(6) 

(7) 

(8) 

(9) 

the  establishment  and,  as  needed,  dispatch  of  ⌦ teams  responsible  for ⌫ 
assessment and/or coordination teams, ; 

the  establishment  and  management  of  a  monitoring  and  information  centre 
⌦ (MIC) ⌫ , ⌦ which is accessible and able to react immediately 24 hours a day 
and  serving  the  Member  States  and  the  Commission  for  the  purposes  of  the 
mechanism; ⌫ 

the  establishment  and  management  of  a  common  emergency  communication  and 
information  system,  ⌦ (CECIS) 
to  enable  communication  and  sharing  of 
information  between  the  MIC  and  the  operational  contact  points  of  the  Member 
States; ⌫ 

(cid:216) new 

the development of early warning systems, taking into account existing information 
sources, to enable a rapid response by the Member States and the MIC;  

the  establishment  of  arrangements  for  transport,  logistics  and  other  support  at 
Community level;  

other  support  ⌦ supporting  and  complementary ⌫  action,  such  as  measures  to 
facilitate  transport  of  resources  for  assistance  intervention  ⌦ necessary  in  the 
framework of the mechanism ⌫. 

(cid:208) 2001/792 (adapted) 

Article 2 

1.  In  the  event  of  a  major  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: 

(a) 

those Member States which may be affected by the emergency, unless this obligation 
of notification has already been addressed under relevant legislation of the European 

EN 

19 

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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 
appropriate, inform the other Member States and activate its competent services. 

2.  Such  notification  shall,  as  appropriate,  be  made  through  the  communication  and 
information system. 

⌦ Chapter II  
Preparedness ⌫ 

Article 3 

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

(a)1.  within  their  competent  services  and,  in  particular,  their  civil  protection  services  or 
other  emergency  services,  ⌦ Member  States  shall ⌫ 
in  advance 
intervention  teams ⌦ within  their  competent  services  and,  in  particular,  their  civil 
protection  services  or  other  emergency  services, ⌫  which  might  be  available  for 
such intervention or could be established for intervening at very short notice, in order 
to  ⌦ and ⌫  be  dispatched,  generally  within  12  hours  following  a  request  for 
assistance, . taking ⌦ They shall take ⌫ into account that team composition should 
depend on the type of major emergency and on particular needs in that emergency;. 

identify 

(b)2.  ⌦ Member States shall ⌫ select experts who can be called on to serve on the site 
of an emergency in ⌦ a team responsible for ⌫ an assessment and/or coordination 
team;. 

3. 

Member States shall work towards developing civil protection intervention modules, 
consisting  of  resources  of  one  or  more  Member  States,  which  can  be  deployed  at 
very short notice to perform support functions or to meet priority needs. 

(cid:216) new 

(cid:208) 2001/792 (adapted) 
(cid:214) new 

⌦ 4.  Member  States  shall  consider  the  possibility  of  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. ⌫ 

(c)5.  ⌦ Member States shall ⌫ provide relevant general information on these teams, and 
experts,(cid:214)  intervention  modules  and  other  intervention  support  referred  to  in 
paragraphs 1 to 4 (cid:213) as well as on medical resources as laid down ⌦ referred to ⌫ 
in  Article  4(e)  within  six  months  of  the  adoption  of  this  Decision,  and  promptly 
update this information when necessary; . 

EN 

20 

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(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; 

(cid:216) new 

6. 

Member States shall take measures to ensure the timely transport of civil protection 
assistance. 

(e)7.  ⌦ Member  States shall ⌫ for the purposes of applying this Decision, appoint the 
competent authorities, designate the ⌦ operational ⌫ contact points and inform the 
Commission accordingly. 

(cid:208) 2001/792 (adapted) 

Article 4 

1. With a view to achieving the objectives and implementing the actions defined in Article 1, 
tThe Commission shall ⌦ carry out the following tasks ⌫ : 

(a) 

(b) 

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  ⌦establishing  and  managing  the 
MIC⌫ ;  

establish and manage a reliable common emergency communication and information 
system to enable communication and sharing of information between the monitoring 
and  information  centre  and  the  contact  points  designated  for  that  purpose  by  the 
Member States ⌦ establishing and managing the CECIS ⌫ ; 

(c) 

contributing  to  the  development  of  early  warning  systems  for  the  benefit  of  the 
Member States and the MIC; 

(cid:216) new 

(cid:208) 2001/792 (adapted) 
(cid:214) new 

(c)(d) 

establish  ⌦ establishing ⌫  the  capability  to  mobilise  and  dispatch,  as  quickly  as 
possible, small teams of experts responsible for: 

(i) assessing the situation  for the  benefit of the Member States, the  monitoring and 
information centre and the State requesting assistance, ⌦ the civil protection needs 
of  the  State  requesting  assistance  in  view  of  the  assistance  available  from  the 
Member States and the Mechanism; ⌫ 

(ii)  facilitating,  when  necessary,  coordination  of  ⌦ civil  protection ⌫  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 

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between the intervention teams as laid down in Article 3(a) or as appropriate 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; 

pool  ⌦ pooling  and  compiling ⌫  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  ⌦ thereof ⌫  which  might  be  available  for 
intervention in the event of a major emergency and compile this information in the 
information system; 

set  ⌦ setting ⌫  up  a  programme  of  lessons  learned  from  the  interventions 
conducted within the framework of the mechanism and disseminating these lessons 
through the information system; 

stimulate and encourage ⌦ stimulating and encouraging ⌫ the introduction and use 
⌦ of new technologies ⌫ 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; 

take  ⌦ taking ⌫  measures  to  facilitate  transport  of  resources  for  assistance 
intervention  and  other  support  action. (cid:214) establishing  the  capability  to  mobilise 
additional  transport  means  necessary  for  ensuring  a  rapid  response  to  major 
emergencies; (cid:213)  

(cid:216) new 

establishing  the  capability  to  provide  basic  logistical  support  for  experts  and 
facilitating the mobilisation of logistical and other modules to support the teams of 
the  Member  States  which  participate  in  Community  civil  protection  assistance 
interventions; 

taking any other supporting and complementary action necessary in the framework of 
the mechanism. 

(cid:208) 2001/792 (adapted) 

(e) 

(f) 

(g) 

(h) 

(i) 

(j) 

⌦ 2.  The  Commission  shall  set  up  a  training  programme,  with  a  view  to  enhancing  the 
coordination of civil protection assistance intervention by ensuring compatibility and 
complementarity  between  the  intervention  teams  referred  to  in  Article  3(1),  the 
intervention modules referred to in Article 3(3) or as appropriate other intervention 
support  as  referred  to  in  Article  3(4),  and  by  improving  the  competence  of  the 
experts  referred  to  in  Article  3(2).  The  programme  shall  include  joint  courses  and 
exercises  and  an  exchange  system  whereby  individuals  may  be  seconded  to  other 
Member States. ⌫ 

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⌦Chapter III 
Response⌫ 

⌦ Article 5 ⌫ 

⌦ 1. 

In the event of a major emergency within the Community, or of an imminent threat 
thereof,  which  causes  or  is  capable  of  causing  transboundary  effects  the  Member 
State  in  which  the  emergency  has  occurred  shall,  without  delay,  notify  the 
Commission and those Member States which may be affected by the emergency. ⌫ 

⌦ The  first  subparagraph  shall  not  apply  where  the  obligation  of  notification  has 
already been addressed under relevant legislation of the European Community or the 
European Atomic Energy Community or existing international agreements.⌫ 

⌦ 2. 

In the event of a major emergency within the Community, or of an imminent threat 
thereof 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 
the  Commission,  when  a  possible  request  for  assistance  through  the  MIC  can  be 
anticipated,  in  order  to  enable  the  Commission,  as  appropriate,  to  inform  the  other 
Member States and activate its competent services., ⌫ 

⌦ 3.  The notifications shall, as appropriate, be made through the CECIS. ⌫ 

Article 56 

1.  Where  an  ⌦ major ⌫  emergency  occurs  within  the  Community,  a  Member  State  may 
request assistance ⌦ through the MIC or directly from the other Member States.⌫ , which 
⌦ The⌫ request should ⌦ shall ⌫ be as specific as possible: . 

⌦ Article 7 ⌫ 

(a) 
from  the  other  Member  States  through  the  monitoring  and  information  centre,  iIn 
which ⌦ the ⌫  case  of  a  request  for  assistance  through  the ⌦ MIC, ⌫  ,  upon  receiving 
such  a  request  the  Commission  shall,  ⌦ upon  receiving  such  a  request, ⌫  as  appropriate 
and without delay: 

(1) 

(2) 

forward the request to the other Member States' ⌦ operational ⌫contact points⌦ of 
the other Member States ⌫ , 

facilitate 
intervention support, 

the  mobilisation  of 

teams,  experts  ⌦, modules ⌫  and  other

(3) 

collect  validated  information  on  the  emergency  and  disseminate  it  to  the  Member
States. , or 

(cid:208) 2001/792 

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(cid:208) 2001/792 (adapted) 
(cid:214) new 

(b) 

directly from the other Member States. 

⌦ Article 8 ⌫ 

21. 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  information  centre ⌦ MIC ⌫  or  directly, 
and then, depending on the circumstances, also the centre, indicating the scope and terms of 
any  assistance  it  might  render.  (cid:214) If  a  Member  State  informs  the  requesting  Member  State 
directly, it shall also inform the MIC accordingly. (cid:213) 

32. The requesting Member State shall be responsible for  directing assistance interventions. 
The authorities of the requesting Member State shall 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 ⌦ The details of the execution of those tasks shall ⌫ be left to 
the person in charge appointed by the Member State rendering assistance. 

43.  ⌦ Where ⌫  the  requesting  Member  State  may  asks  the  ⌦ intervention ⌫  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. 

54.  The  ⌦ Where  teams  responsible  for ⌫  assessment  and/or  coordination  team  should 
⌦ are  dispatched,  they  shall ⌫  facilitate  coordination  between  intervention  teams  and,  as 
necessary  and  appropriate,  liaise  with  the  competent  authorities  of  the  requesting  Member 
State. 

Article 96 

1.  The  provisions  of  ⌦ In  the  event  of  a  major  emergency  occurring  outside  the 
Community, ⌫  Articles  5  ⌦ 6,  7  and  8 ⌫  may  also,  upon  request,  be  implemented 
⌦ applied ⌫  in  respect  of  ⌦ civil  protection  assistance ⌫  interventions  outside  the 
Community.  

(cid:208) 2001/792 

Such interventions may either be conducted as an autonomous 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. 

(cid:216) new 

In  emergencies  where  assistance  is  provided  under  both  the  mechanism  and 
Regulation  (EC)  No  12547/96  of  20  June  1996  concerning  humanitarian  aid,  the 
Commission  shall  ensure  the  effectiveness,  coherence  and  complementarity  of  the 
overall Community response. 

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2. 

3. 

4. 

The  Member  State  entrusted  with  the  Presidency  of  the  Council  of  the  European 
Union  (Presidency)  shall,  in  particular  at  the  early  stages  of  a  major  emergency, 
liaise with the affected third country in view of an appropriate political coordination 
of the civil protection assistance interventions.  

Where  appropriate,  the  Presidency  may  request  another  Member  State  to  take 
responsibility, in whole or in part, for that political coordination or request assistance 
from the Commission. 

Where  civil  protection  assistance  as  referred  to  in  paragraph  1  is  provided  in 
response to a request distributed through the MIC, the Commission, in consultation 
with the Presidency, shall ensure the operational coordination of the intervention at 
headquarters  level.  The  Commission  may,  in  consultation  with  the  Presidency, 
appoint a coordination team to ensure the operational coordination on site of EU civil 
protection assistance. 

The operational coordination shall cover coordination with the affected country and, 
where they are present, with the United Nations. 

All Member States providing civil protection assistance as referred to in paragraph 1 
in  response  to  a  request  distributed  through  the  MIC  shall  liaise  with  the  MIC  to 
enable  the  coordination  referred  to  in  paragraph  3  and  to  ensure  a  comprehensive 
Community contribution to the overall relief effort. 

The Commission may support and complement the civil protection assistance provided by the 
Member States in the following ways:  

Article 10 

(1)  by facilitating the pooling of the transport resources of Member States; 

(2)  by mobilising additional transport means that are necessary for ensuring a rapid 

response and that are not otherwise available under this mechanism; 

(3)  by  mobilising  additional  assistance  that  is  not  otherwise  available  under  this 
mechanism  and  that  is  necessary  for  ensuring  the  effectiveness  of  the  civil 
protection response under this mechanism; 

(4)  by  facilitating  the  mobilisation  of  logistical  and  other  modules  to  support  the 

intervention teams of the Member States on site. 

(cid:208) 2001/792 (adapted) 

⌦ Chapter IV 
Final Provisions ⌫ 

Article 117 

Participation in the mechanism shall be open to ⌦ candidate countries ⌫ : 

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-  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 decisions of the 
respective Association Councils, 

- Cyprus, Malta and Turkey on the basis of bilateral agreements to be concluded with these 
countries. 

Other third countries may cooperate in activities under this mechanism where agreements so 
allow. 

(cid:208) 2001/792 article 3 (adapted) 

(cid:216) new 

⌦ Article 12 ⌫ 

⌦ For  the  purposes  of  applying  this  Decision,  Member  States  shall  appoint  the  competent 
authorities and inform the Commission accordingly. ⌫ 

(cid:208) 2001/792 (adapted) 

Article 138 

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) 
14(2), establish common ⌦ implementing ⌫rules particularly on the following matters: 

(a)(1) 

resources  available  for  assistance  intervention,  as  laid  down ⌦ provided  for ⌫  in 
Article 3; 

(b)(2) 

the  monitoring  and  information  centre  ⌦ MIC ⌫  ,  as  laid  down  ⌦ provided 
for ⌫ in Article 4(a) 2(5);  

(c)(3) 

the common emergency communication and information system ⌦ CECIS ⌫ , as 
laid down ⌦ provided for ⌫ in Article 4(b) 2(6); 

(d)(4) 

the ⌦ teams responsible for ⌫ assessment and/or coordination teams, as laid down 
⌦ provided  for ⌫  in  Article  4(c)  2(2),  including  criteria  for  the  selection  of 
experts; 

(e)(5) 

the training programme, as laid down ⌦ provided for ⌫ in Article 4(d) 2(2) ; 

(f)(6) 

information on medical resources, as laid down ⌦ provided for ⌫ in ⌦ point (e) 
of ⌫ Article 4(e) (1) ; 

(g)(7) 

the interventions inside the Community, on the basis of the resolution of 8 July 1991, 
⌦ as provided for in Articles 6, 7 and 8 ⌫ as well as the interventions outside the 
Community ,as laid down ⌦ provided for ⌫ in Article 6 9; 

(8) 

additional support at Community level, as provided for in Article 10. 

(cid:216) new 

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(cid:208) 2001/792 (adapted) 

Article 149 

1.  The  Commission  shall  be  assisted  by  the  committee  set  up  by  Article  4(1)  of  Decision 
1999/847/EC  ⌦ Article  13  of  the  proposal  for  a  Council  Regulation  establishing  a  Rapid 
Response and Preparedness Instrument for major emergencies ⌫.  

(cid:208) 2001/792 

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. 

32.  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. 

43. The Committee shall establish its rules of procedure. 

(cid:208) 2001/792 (adapted) 
(cid:214) new 

Article 1510 

The Commission shall evaluate the implementation ⌦ application ⌫ of this Decision every 
third year from the date it takes effect (cid:214) of its notification (cid:213) and transmit the conclusions of 
that evaluation together with any proposals for amendments to the Decision to the European 
Parliament and the Council. 

⌦ The  conclusions  shall  be  accompanied,  if  appropriate,  by  proposals  for  amendments  to 
this Decision. ⌫ 

This Decision shall take effect on 1 January 2002. 

Article 11 

(cid:208)  

Article 16 

Decision 2001/792/EC, Euratom is repealed. 

References to the repealed Decision shall be construed as references to this Decision and shall 
be read in accordance with the correlation table in the Annex. 

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(cid:208) 2001/792 

Article 1712 

This Decision is addressed to the Member States. 

Done at 

For the Council 
The President 

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(cid:215) 

ANNEX  

Correlation table 

Council Decision 2001/792/EC, Euratom 

This Decision 

Article 1.1 

Article 1, first paragraph 

Article 1.2, first sentence 

Article 1, second paragraph 

Article 1.2, second sentence 

Article 1, third paragraph 

Article 1.2, third sentence 

- 

Article 1.3, first indent 

Article 1.3, second indent 

Article 1.3, third indent 

Article 1.3, fourth indent 

Article 1.3, fifth indent 

Article 1.3, sixth indent 

- 

- 

Article 1.3, seventh indent 

Article 2 

Article 3(a) 

Article 3(b) 

- 

Article 3(c) 

Article 3(d) 

- 

Article 3(e) 

Article 2(1) 

Article 2(2) 

Article 2(3) 

Article 2(4) 

Article 2(5) 

Article 2(6) 

Article 2(7) 

Article 2(8) 

Article 2(9) 

Article 5 

Article 3.1 

Article 3.2 

Article 3.3 

Article 3.5 

Article 3.4 

Article 3.6 

Article 3.7 and Article 12 

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Article 4(a) 

Article 4(b) 

- 

Article 4(c) 

Article 4(d) 

Article 4(e) 

Article 4(f) 

Article 4(g) 

Article 4(h) 

- 

- 

Article 5.1, introductory words 

Article 5.1 (a) 

Article 5.1 (b) 

Article 5.2 

Article 5.3 

Article 5.4 

Article 5.5 

Article 6, first paragraph 

Article 4.1(a) 

Article 4.1(b) 

Article 4.1(c) 

Article 4.1(d) 

Article 4.2 

Article 4.1(e) 

Article 4.1(f) 

Article 4.1(g) 

Article 4.1(h) 

Article 4.1(i) 

Article 4.1(j) 

Article 6 

Article 7 

Article 6 

Article 8.1 

Article 8.2 

Article 8.3 

Article 8.4 

Article 9.1 

Article 6, second paragraph 

Article 9.2, 9.3 and 9.4  

- 

Article 7 

- 

Article 8.1 

Article 8.2(a) 

Article 8.2(b) 

Article 10 

Article 11, first paragraph 

Article 11, second paragraph 

-  

Article 13(1)  

Article 13(2) 

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Article 8.2(c) 

Article 8.2(d) 

Article 8.2(e) 

Article 8.2(f) 

Article 8.2(g) 

- 

Article 9.1 

Article 9.2 

Article 9.3 

Article 9.4 

Article 10 

- 

Article 11 

Article 12 

Article 13(3) 

Article 13(4) 

Article 13(5) 

Article 13(6) 

Article 13(7) 

Article 13(8) 

Article 14.1 

- 

Article 14.2  

Article 14.3 

Article 15 

Article 16 

-  

Article 17  

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