European Parliament legislative resolution on the proposal for a Council decision establishing the specific programme "Prevention, Preparedness and Consequence Management of Terrorism" for the period 2007-2013 - General Programme "Security and Safeguarding Liberties" (COM(2005)0124 - C6-0241/2005 - 2005/0034(CNS))
Date: 2006-12-14
Institutions: Committee on Civil Liberties, Justice and Home Affairs, European Parliament
Subjects: EU programme, civil defence, exchange of information, terrorism

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CHAPTER XI

FINAL PROVISIONS

Article 51
Committee

The Commission shall be assisted by the common Committee ‘Solidarity and Management of
1.
Migration Flows’, established by the Decision establishing the External Borders Fund for the period
2007-2013 as part of the General programme ‘Solidarity and Management of Migration Flows’ …/… (1)
(the ‘Committee’).

2. Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply.

3.

The Committee shall adopt its Rules of Procedure.

The Council shall review this Decision on the basis of a proposal from the Commission by 30 June 2013 at
the latest.

Article 52
Review

This Decision shall apply from 1 January 2007.

Article 53
Entry into force

This Decision is addressed to the Member States.

Article 54
Addressees

(1) References will be inserted to decisions establishing the ERF, the External Borders Fund and the Return Fund.

P6_TA(2006)0584

Prevention,
(Programme on Security and Safeguarding Liberties) *

Preparedness

and Consequence Management

of Terrorism

European Parliament legislative resolution on the proposal for a Council decision establishing the
specific programme ‘Prevention, Preparedness and Consequence Management of Terrorism’ for the
period 2007-2013 — General Programme ‘Security and Safeguarding Liberties’ (COM(2005)0124 —
C6-0241/2005 — 2005/0034(CNS))

(Consultation procedure)

The European Parliament,

— having regard to the Commission proposal to the Council (COM(2005)0124) (1),

— having regard to Article 308 of the EC Treaty, pursuant to which the Council consulted Parliament

(C6-0241/2005),

(1) Not yet published in OJ.

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— having regard to Rule 51 of its Rules of Procedure,

— having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs and the

opinion of the Committee on Budgets (A6-0390/2006);

1. Approves the Commission proposal as amended;

2. Considers that the indicative financial reference amount indicated in the legislative proposal must be
compatible with the ceiling of heading 3 A of the new multi-annual Financial Framework and points out
that the annual amount will be decided within the annual budgetary procedure in accordance with the provi-
sions of point 38 of the Interinstitutional Agreement between the European Parliament, the Council and the
Commission on budgetary discipline and sound financial management of 17 May 2006 (1);

3. Calls on the Commission to alter its proposal accordingly, pursuant to Article 250(2) of the EC Treaty;

4. Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;

5. Asks the Council
substantially;

to consult Parliament again if

it

intends to amend the Commission proposal

6.

Instructs its President to forward its position to the Council and Commission.

TEXT PROPOSED
BY THE COMMISSION

AMENDMENTS
BY PARLIAMENT

Amendment 1

Title

Proposal
‘Prevention, Preparedness
programme
Management of Terrorism’, for the period 2007-2013

for a Council decision establishing the specific
and Consequence

Proposal
for a Council decision establishing the specific
programme ‘Prevention of the Risks relating to Security, in
particular to Terrorism, and Management of their Conse-
quences’, for the period 2007-2013

Amendment 2

Recital 1

(1) Prevention, preparedness and consequence management
of terrorism are essential aspects of the objective of main-
taining and developing the Union as an area of
freedom,
security and justice as provided for in Article 2, fourth indent,
of the Treaty on European Union.

(1) Prevention of the risks relating to security, in particular
to terrorism, and management of their consequences, are
essential aspects of the objective of maintaining and developing
freedom, security and justice as
the Union as an area of
provided for in Article 2,
the Treaty on
fourth indent, of
European Union.

Amendment 3

Recital 2

(2) The Community must take the necessary measures to
prevent terrorists from attacking the values of democracy, the
rule of law, open society and the freedom of our citizens and
societies, and to limit the consequences of any attack wherever
possible.

(2) The Community must take the necessary measures to
prevent natural or man-made disasters (including terrorism),
in the case of the former, from impairing the well-being,
freedom and security of citizens and societies and, in the case
of the latter, from attacking the very values of democracy, the
rule of law and open society, as well as to limit the conse-
quences of such disasters wherever possible.

(1) OJ C 139, 14.6.2006, p. 1.

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AMENDMENTS
BY PARLIAMENT

Amendment 4

Recital 6

(6) The Community mechanism to facilitate reinforced
cooperation in civil protection assistance interventions, estab-
lished by Council Decision 2001/792/EC, Euratom of
23 October 2001, addresses immediate response to all major
emergencies, but has not been designed specifically for
prevention, preparedness and consequence management of
terrorist attacks.

deleted

Amendment 5

Recital 7

In the interest of efficacy, cost-efficiency and transparency,
(7)
the specific efforts on prevention, preparedness and conse-
quence management of terrorism should be streamlined and
financed by one single programme.

In the interest of efficacy, cost-efficiency and transparency,
(7)
the specific efforts on prevention of the risks relating to
security, in particular to terrorism, and management of their
consequences, should be streamlined and financed by one
single programme.

Amendment 6

Recital 8

(8) With regard to legal certainty and coherence, and to the
complementarity with other financial programmes, the terms
‘crisis and conse-
‘prevention and preparedness measures’,
quence management’ and ‘critical
infrastructure’ should be
defined.

(8) With regard to legal certainty and coherence, and to the
complementarity with other financial programmes, the terms
‘consequence management’ and ‘critical
‘prevention measures’,
infrastructure’ should be defined.

Amendment 7

Recital 9

(9) Commission actions, together with transnational projects
where appropriate, are essential to achieve an integrated and
coordinated EU approach. In addition, it is useful and appro-
priate to support projects within Member States to the extent
that they can provide useful experience and knowledge for
further actions at Community level, in particular inspections
and risk and threat assessments.

(9) Commission actions and transnational projects are essen-
tial to identify and assess without delay the threats to indivi-
duals and critical European infrastructure and to achieve an
early warning system between the Commission and the
Member States and an integrated and coordinated approach to
responses at EU level. In addition, it is useful and appropriate
to support projects within Member States to the extent that
they can provide useful experience and knowledge applicable
to further actions at Community level, in particular inspections
and risk and threat assessments.

Amendment 8

Recital 10

It is also appropriate to provide for third countries and
to participate in transnational

(10)
international organisations
projects.

(10) Given that terrorism has no borders, it is also appro-
priate to provide for third countries and international organisa-
tions to participate in transnational projects

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Amendment 9

Recital 11

Thursday, 14 December 2006

AMENDMENTS
BY PARLIAMENT

to be

(11) Complementarity needs
ensured with other
Community and Union programmes such as the EU Solidarity
Fund and the Response and Preparedness Instrument for major
emergencies,
the Community mechanism to facilitate rein-
forced cooperation in civil protection assistance interventions,
the Research & Development Framework Programme and the
structural funds.

to be

(11) Complementarity needs
ensured with other
Community and Union programmes such as the EU Solidarity
Fund and the Response and Preparedness Instrument for major
emergencies,
the Community mechanism to facilitate rein-
forced cooperation in civil protection assistance interventions,
the Research & Development Framework Programme and the
structural
funding should also be expressly
authorised with Commission programmes which allow
specific studies to be carried out on the security of indivi-
duals and of critical infrastructure, in particular in the fields
of transport and energy, with the aim of eventually bringing
all funding resources together in a single instrument serving
a clearly established global strategy.

funds.

Joint

Amendment 10

Recital 12

the scale or impact of

(12) Since the objectives of this programme cannot be suffi-
ciently achieved by the Member States and can therefore, by
reason of
the initiative, be better
achieved at the Community level, the Community may adopt
measures in accordance with the principle of subsidiarity as set
out
the Treaty establishing the European
Community. In accordance with the principle of proportion-
ality, as set out in that Article, this Decision does not go
beyond what is necessary to achieve those objectives.

in Article 5 of

(12) Since the objectives of this programme cannot be suffi-
ciently achieved by the Member States and may therefore, by
reason of the scale or impact of the initiative, require in this
case an intervention at the Community level, the Community
may adopt measures in accordance with the principle of subsi-
diarity as set out in Article 5 of the Treaty establishing the
European Community.
In accordance with the principle of
proportionality, as set out in that Article, this Decision does
not go beyond what is necessary to achieve those objectives.

Amendment 11

Recital 16

2

In

of

with

Article

accordance

(16)
Council
Decision 1999/468/EC of 28 June 1999 laying down the
procedures for the exercise of implementing powers conferred
on the Commission, measures for the implementation of this
Decision should be adopted by use of the advisory procedure
provided for in Article 3 of that Decision. This is appropriate
since the programme does not have a significant impact on
the Community budget.

In

with

Article

accordance

(16)
Council
Decision 1999/468/EC of 28 June 1999 laying down the
procedures for the exercise of implementing powers conferred
on the Commission, measures for the implementation of this
Decision should be adopted by use of the regulatory procedure
provided for in Article 5 of that Decision.

of

2

Amendment 12

Article 1, paragraph 1

This decision establishes for the period from 1 January 2007
to 31 December 2013 the specific programme ‘Prevention,
Preparedness and Consequence Management of Terrorism’,
the
hereinafter referred to as ‘the programme’, as part of
in
general programme ‘Security and safeguarding liberties’
order
the area of
Freedom, Security and Justice.

to contribute to the strengthening of

This decision establishes for the period from 1 January 2007
to 31 December 2013 the specific programme ‘Prevention of
the Risks relating to Security, in particular to Terrorism, and
Management of their Consequences’, hereinafter referred to as
‘the programme’, as part of the general programme ‘Security
and safeguarding liberties’
to contribute to the
strengthening of the area of Freedom, Security and Justice.

in order

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AMENDMENTS
BY PARLIAMENT

Amendment 13

Article 2, point a

(a)

‘prevention and preparedness’ refers to measures aiming to
prevent and/or reduce the risk of a terrorist attack and/or
its consequences, particularly through risk and threat
assessments,
inspections and development of common
standards on technology and methodology;

(a)

‘prevention’ refers to measures aiming to prevent and/or
reduce the risk of terrorist attacks and other security
risks and to identify threats to individuals and critical
infrastructure, particularly through risk and threat assess-
ments, inspections and development of common standards
on technology and methodology;

Amendment 14

Article 2, point b

(b)

‘consequence management’ refers to measures limiting the
mid-term consequences of terrorist attacks which are
necessary to safeguard the European Union as an area of
Freedom, Security and Justice;

(b)

limited to the actions eligible pursuant

‘consequence management’ refers to the coordination of
measures,
to
Article 5(2), in order to respond to security incidents,
particularly terrorism, and to limit their consequences,
these measures being necessary to safeguard the European
Union as an area of Freedom, Security and Justice, in par-
ticular through the establishment of a centralised early
warning system and effective coordination at Community
level of responses to such situations;

Amendment 15

Article 2, point c

(c)

‘critical infrastructure’ refers to physical resources, services,
the
communication facilities, networks
disruption or destruction of which would have
a
serious impact on the health, safety, security or economic
well-being of citizens or of the effective functioning of the
European Union or its Member States' governments.

and/or

assets

(c)

and/or

‘critical infrastructure’ refers to physical resources, services,
the
communication facilities, networks
disruption or destruction of which would have
a
serious impact on the health, safety, security or economic
well-being of citizens, on the environment or on the effec-
tive functioning of the European Union or its Member
States' governments, a non-exhaustive list of which
appears in the annex to this decision.

assets

Amendment 16

Article 3, paragraph 1

1.
This programme shall contribute to protect citizens, their
liberties and society against terrorist attacks and related inci-
dents, and to safeguard the European Union as an area of
Freedom, Security and Justice.

1.
This programme shall contribute to protect citizens, their
liberties and society against terrorist attacks and other security
risks, irrespective of their cause or origin, as well as related
incidents, and to safeguard the European Union as an area of
Freedom, Security and Justice.

Amendment 17

Article 3, paragraph 2

2.
The general objectives of the programme contribute to
the development of other Union and Community policies such
as police and judicial cooperation in criminal matters, protec-
tion of the environment, public health, transport, research and
technological development and economic and social cohesion.

2.
The general objectives of the programme contribute to
the development of a comprehensive concept of security
based, in particular, on other Union and Community policies
such as police and judicial cooperation in criminal matters,
protection of
the environment, energy supply, security of
communication and information networks, public health,
transport, research and technological development, continuity
of public action and economic and social cohesion.

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Amendment 18

Article 4, paragraph 1

Thursday, 14 December 2006

AMENDMENTS
BY PARLIAMENT

1. Within the general objectives, and unless covered by
other specific legal instruments, the programme shall stimulate,
promote and develop measures on prevention, preparedness
and consequence management.

1. Within the general objectives, and unless covered by
other specific legal instruments, the programme shall stimulate,
promote and develop measures on prevention of risks relating
to security, in particular terrorism, and management of their
consequences.

Amendment 19

Article 4, paragraph 2, introductory phrase

2. With regard to prevention and preparedness to terrorist
attacks, the programme aims at

2. With regard to prevention of
programme aims at

terrorist attacks,

the

Amendments 20 and 21

Article 4, paragraph 2, point a

(a) stimulating, promoting, and supporting risk and threat
assessments on critical infrastructure, including evaluations
on site, to identify possible targets of terrorist attacks and
possible needs for upgrading their security,

(a) stimulating, promoting, and supporting risk and threat
assessments on individuals and critical
infrastructure, in
particular by means of evaluations on site, to identify
possible targets and possible needs for upgrading their
security,

Amendment 22

Article 4, paragraph 3, introductory phrase

3. With regard to consequence management in case of
terrorist attacks, the programme aims at

3. With regard to the management of consequences, parti-
cularly those of terrorist attacks, the programme aims at

Amendment 23

Article 4, paragraph 3, point a

(a) stimulating, promoting and supporting exchange of
know-how, experience and technology on the potential
consequences of terrorist attacks,

(a) stimulating, promoting and supporting exchange of
know-how, experience and technology on the potential
consequences of terrorist attacks and other security risks,

Amendment 24

Article 4, paragraph 3, point c

(c) ensuring real-time input of specific expertise on terrorism
matters within overall crisis management, rapid alert and
civil protection mechanisms.

(c) ensuring real-time input of specific expertise on matters
including terrorism within overall crisis management,
rapid alert and civil protection mechanisms.

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TEXT PROPOSED
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AMENDMENTS
BY PARLIAMENT

Amendment 25

Article 5, paragraph 1, point c, indent 4

— contribute otherwise considerably to protecting the Union

and its citizens from terrorist attacks.

— contribute otherwise considerably to protecting the Union
and its citizens from terrorist attacks and other security
risks; measures undertaken in partnership with the
Member States concerned, relating to critical national
infrastructure, so as to eliminate or reduce the risks of
exploitation of their security shortcomings, particularly if
these could have serious cross-border repercussions, shall
therefore be eligible.

Amendment 26

Article 5, paragraph 2 a (new)

2a. Member States shall remain responsible for the adop-
tion, implementation and financing of operational security
measures identified by this programme as being necessary for
the improvement of general security in the European Union.

Amendment 27

Article 7, paragraph 2 a (new)

2a.
Access to funding shall be facilitated by the applica-
tion of the principle of proportionality as regards the docu-
ments to be supplied and by the creation of a database for
the submission of applications.

Amendment 28

Article 7 a (new)

Article 7a

Acknowledgement of funding

All
institutions, associations or networks in receipt of a
grant under this programme have the obligation to acknowl-
edge the support granted by the European Union. To this end
the Commission shall lay down detailed visibility guidelines.

Amendment 29

Article 8, paragraph 4, point -a (new)

(-a) priority to be given to prevention of terrorist attacks, in

the absence of major disasters;

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Amendment 30

Article 8, paragraph 4 a (new)

Thursday, 14 December 2006

AMENDMENTS
BY PARLIAMENT

4a.
The Commission shall, as far as possible, simplify
procedures and ensure that calls for proposals provided for in
this programme do not entail a bureaucratic burden for
promoters of the projects proposed. Calls for proposals may
be organised in two stages, the first of which would only
require information that was strictly necessary for a proper
assessment of the project to be sent.

Amendment 31

Article 9, paragraph 2

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

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

Amendment 32

Article 10, paragraph 1

Synergies, consistency and complementarity will be
1.
sought with other Union and Community instruments,
inter
alia with the programmes Prevention of and Fight against
Crime and Criminal
Justice as well as with the Framework
Programmes on Research ad technological Development, the
European Union Solidarity Fund and the Response and Prepa-
redness Instrument for major emergencies.

Synergies, consistency and complementarity will be
1.
sought with other Union and Community instruments,
inter
alia with the programmes Prevention of and Fight against
Crime and Criminal
Justice as well as with the Framework
Programmes on Research ad technological Development, the
European Union Solidarity Fund and the Response and Prepa-
redness Instrument for major emergencies. The Commission
shall
these
programmes do not overlap.

the actions undertaken under

ensure

that

Amendment 33

Article 10, paragraph 2

share

The programme may

and Union instruments,

resources with other
2.
Community
the
in particular
programme ‘Prevention of and Fight against Crime’, in order to
actions meeting the objectives of both the
implement
programme and other Community/Union instruments.

share

The programme may

and Union instruments,

resources with other
2.
Community
the
in particular
programme ‘Prevention of and Fight against Crime’, in order to
actions meeting the objectives of both the
implement
programme and other Community/Union instruments and
with Commission programmes allowing specific
studies
relating to critical infrastructure security to be carried out,
such as those already in progress in the fields of transport
and energy.

Amendment 34

Article 10, paragraph 2 a (new)

2a.
The Commission shall ensure that the actions covered
by this Decision are complementary to those covered by the
programmes mentioned in paragraph 1 and that they do not
overlap.

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TEXT PROPOSED
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AMENDMENTS
BY PARLIAMENT

Amendment 35

Article 10, paragraph 3 a (new)

3a.
Should the programme's resources prove insufficient
for the implementation of measures already in progress, the
Community shall guarantee access to other compatible funds.

Amendment 36

Article 12, paragraph 1 a (new)

The Commission shall ensure that the actions covered by this
Decision are subject to prior evaluation, monitoring and ex
post evaluation.

Amendment 37

Article 14, paragraph 2 a (new)

The Commission

European
shall
2a.
Parliament and the Council annually, at the same time as it
submits the Preliminary Draft Budget, on the implementation
of the programme,
in particular the use of the resources
available.

inform the

Amendments 38 and 39

Article 14, paragraph 3

The Commission shall submit to the European Parliament

3.
and the Council:

The Commission shall submit to the European Parliament

3.
and the Council:

an interim evaluation report on the results obtained and
the qualitative and quantitative aspects of the implemen-
tation of this programme no later than 31 March 2010;

(-a) a succinct yearly report, including, in particular, infor-
mation making it possible to measure the programme's
success in quantitative terms.

(a)

(b)

a Communication
continuation
on
programme no later than 31 December 2010;

the

of

this

(a)

(c)

an ex post evaluation report no later than 31 March 2015.

(b)

(c)

Amendment 40

Article 14 a (new)

a detailed interim evaluation report on the results
obtained and the qualitative and quantitative aspects of
the implementation of this programme no later than
31 March 2010;

a Communication
this
the
programme, especially regarding its objectives, no later
than 31 December 2010;

continuation

on

of

an ex post evaluation report, presenting the results
achieved by the programme,
including a budgetary
evaluation, on completion of its implementation but no
later than 31 March 2015.

Article 14a

Publication of projects

Each year, the Commission, together with the Member States,
shall publish a list of the projects financed under this
programme with a short description of each project.

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AMENDMENTS
BY PARLIAMENT

Amendment 41

Article 14 b (new)

Article 14b

Equal treatment

Organisations in receipt of an operating grant by virtue of
this programme may take part in calls for proposals for other
programmes, without however being entitled to preferential
treatment
from
budgets other than that of the European Union.

organisations

financed

vis-à-vis

other

Amendment 42

Annex (new)

ANNEX

INDICATIVE LIST OF CRITICAL INFRASTRUCTURE
SECTORS:

1) Energy

a. Oil and gas production, refining, treatment and

storage, including pipelines

b. Electricity generation

c. Transmission of electricity, gas and oil

d. Distribution of electricity, gas and oil

2) Information, Communication Technologies, ICT

a.

b.

c.

d.

e.

Information system and network protection

Instrumentation automation and control systems
(SCADA etc.)

Internet

Provision of fixed telecommunications

Provision of mobile telecommunications

f. Radio communication and navigation

g. Satellite communication

h. Broadcasting

3) Water

a.

Provision of drinking water

b. Control of water quality

c.

Stemming and control of water quantity

4) Food

Provision of food and safeguarding food safety and
security

5) Health

a. Medical and hospital care

b. Medicines, serums, vaccines and pharmaceuticals

c. Bio-laboratories and bio-agents

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AMENDMENTS
BY PARLIAMENT

6) Financial

a.

Payment services/payment structures (private)

b. Government financial assignment

7) Public & Legal Order and Safety

a. Maintaining public & legal order,

safety and

security

b. Administration of justice and detention

8) Civil administration

a. Government functions

b. Armed forces

c. Civil administration services

d. Emergency services

e.

Exposal and courier services

9) Transport

a. Road transport

b. Rail transport

c. Air traffic

d.

Inland waterways transport

e. Ocean and short-sea shipping

10) Chemical and nuclear industry

a.

Production and storage/processing of chemical and
nuclear substances

b. Pipelines of dangerous goods (chemical substances)

11) Space and Research

a. Space

b. Research

P6_TA(2006)0585

Numerical strength of the committees

Decision on the numerical strength of the committees

The European Parliament,

— having regard to Rule 174 of its Rules of Procedure,
— having regard to its decision of 21 July 2004 on the numerical strength of the committees (1);

1. Decides that, as from 8 January 2007, the numerical strength of the committees shall be as follows:

C01 — Committee on Foreign Affairs: 86 members
C02 — Committee on Development: 36 members
C03 — Committee on International Trade: 33 members
C04 — Committee on Budgets: 50 members

(1) OJ C 103 E, 28.4.2005, p. 30.