2007/124/EC,Euratom: Council Decision of 12 February 2007 establishing for the period 2007 to 2013, as part of General Programme on Security and Safeguarding Liberties, the Specific Programme Prevention, Preparedness and Consequence Management of Terrorism and other Security related risks
Date: 2007-02-12
Institutions: Council of the European Union
Subjects: EU aid, civil defence, public safety, rule under emergency powers, support policy, terrorism

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II

(Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory)

DECISIONS

Council

COUNCIL DECISION

of 12 February 2007

establishing for the period 2007 to 2013, as part of General Programme on Security and Safeguarding
Liberties, the Specific Programme ‘Prevention, Preparedness and Consequence Management of
Terrorism and other Security related risks’

(2007/124/EC, Euratom)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Commu-
nity, and in particular Article 308 thereof,

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

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament (1),

Whereas:

(1)

(2)

Prevention, preparedness and consequence management of
terrorism and other security related risks are essential
aspects of
infra-
structure within the area of freedom, security and justice.

the protection of people and critical

The revised European Union Plan of Action on Combating
Terrorism as adopted by the European Council of 17-
18 June 2004, identified as priority issues, inter alia, the
prevention and consequence management of
terrorist
attacks, and the protection of critical infrastructures.

(4)

(5)

importance of risk and threat assessments, protection of
infrastructure, mechanisms for the detection and
critical
identification of
terrorist threats, and the political and
operational preparedness and capability for consequence
management.

The Council in December 2005 decided that the European
Programme for Critical Infrastructure protection (EPCIP)
will be based on an all hazards approach while countering
threats from terrorism is regarded as priority. New Counter
Terrorism Strategy which contains four strands: Prevent,
protect, pursue and respond, was also adopted at December
2005 European Council.

The Community mechanism to facilitate reinforced cooper-
ation in civil protection assistance interventions, established
by Council Decision 2001/792/EC, Euratom (2) of 23 Octo-
ber 2001, addresses immediate response to all major
emergencies, but has not been designed specifically for
prevention, preparedness and consequence management of
terrorist attacks.

(3) On 2 December 2004, the Council adopted the revised
European Union Solidarity Programme on the Conse-
quences of Terrorist Threats and Attacks, highlighting the

(6)

The Hague Programme (3), set up by the European Council
in November 2004, has
integrated and
coordinated management of crises within the EU with
cross-border effects.

called for

(1) Opinion delivered on 14 December 2006 (not yet published in the

Official Journal).

(2) OJ L 297, 15.11.2001, p. 7.
(3) OJ C 53, 3.3.2005, p. 1.

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(7) Within the scope of its competence the Community shall
contribute to taking 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.

(8)

In the interest of efficacy, cost-efficiency and transparency,
the specific efforts on prevention, preparedness and
consequence management of terrorism should be stream-
lined and financed by one single programme.

(9) With regard to legal certainty and coherence, and to the
complementarity with other financial programmes,
the
terms ‘prevention and preparedness’, ‘consequence manage-
ment’ and ‘critical infrastructure’ should be defined.

(10) The primary responsibility for protecting critical

infra-
structures falls on the Member States, owners, operators
and users (users being defined as organisations that exploit
and use the infrastructure for business and service provision
purposes). Member States authorities will provide leader-
ship and coordination in developing and implementing a
nationally consistent approach to the protection of critical
infrastructure within their jurisdictions, taking into account
existing Community competences. The responsibility for
carrying out risk and threat assessments therefore lies
primarily with the Member States.

(11) Commission actions, together with transnational projects
where appropriate, are essential to achieve an integrated
and coordinated EC approach. In addition, it is useful and
appropriate 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 risk and threat assessments. In this regard it is
appropriate to adopt all hazards approach while consider-
ing the terrorist threat as a priority.

(12)

It is also appropriate to provide for third countries and
international organisations to participate in transnational
projects.

(13) Complementarity needs to be ensured with other Commu-
nity and Union programmes such as the European Union
Solidarity Fund and the Civil Protection Financial Instru-
ment, the Community mechanism to facilitate reinforced
cooperation in civil protection assistance interventions,
Seventh Framework Programme for Research, Technologi-
cal Development and Demonstration Activities and the
Structural Funds.

(14) Since the objectives of this Decision cannot be sufficiently
achieved by the Member States and can therefore, by reason
of the scale or impact of the programme, be better achieved
the Community may adopt
at

the Community level,

measures in accordance with the principle of subsidiarity
as set out in Article 5 of the Treaty. 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.

(15) The expenditure of the programme should be compatible
with the ceiling under Heading 3 of the financial frame-
work. It is necessary to foresee flexibility in the definition of
the programme to allow for eventual adjustments in any
envisaged actions, in order to respond to the evolution of
needs in the course of the period 2007-2013. The decision
should, therefore, be limited to the generic definition of
envisaged actions and their respective administrative and
financial arrangements.

(16) Appropriate measures should also be taken to prevent
irregularities and fraud and the necessary steps should be
taken to recover funds lost, wrongly paid or incorrectly
used in accordance with Council Regulations (EC, Euratom)
No 2988/95 of 18 December 1995 on the protection of
the Communities'
(Euratom, EC)
No 2185/96 (2) of 11 November 1996 concerning on-
the-spot checks and inspections carried out by the
Commission and Regulation (EC) No 1073/1999 of the
European Parliament and of the Council of 25 May 1999
concerning investigations conducted by the European Anti-
Fraud Office (OLAF) (3).

interests (1),

financial

(17) Council Regulation (EC, Euratom) No 1605/2002 of
25 June 2002 on the Financial Regulation applicable to
the general budget of the European Communities (4) and
Commission Regulation (EC, Euratom) No 2342/2002 (5)
of 23 December 2002 laying down detailed rules for the
implementation of Council Regulation (EC, Euratom)
No 1605/2002, which safeguard the Community's financial
interests, apply,
the principles of
taking into account
simplicity and consistency in the choice of budgetary
instruments, a limitation on the number of cases where the
Commission retains direct responsibility for their imple-
mentation and management, and the required proportion-
ality between the
the
amount of
administrative burden related to their use.

resources

and

for

the exercise of

(18) 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
implementing powers
conferred on the Commission (6), with a distinction being
made between those measures which are subject to the
management committee procedure and those which are
subject to the advisory committee procedure, the advisory
committee procedure being in certain cases, with a view to
increased efficiency, the more appropriate.

(1) OJ L 312, 23.12.1995, p. 1.
(2) OJ L 292, 15.11.1996, p. 2.
(3) OJ L 136, 31.5.1999, p. 1.
(4) OJ L 248, 16.9.2002, p. 1. Regulation as amended by Regulation
(EC, Euratom) No 1995/2006 (OJ L 390, 30.12.2006, p. 1).
(5) OJ L 357, 31.12.2002, p. 1. Regulation as last amended by
Commission Regulation (EC, Euratom) No 1248/2006 (OJ L 227,
19.8.2006, p. 3).

(6) OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision 2006/

512/EC (OJ L 200, 22.7.2006, p. 11).

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(19) The Treaty establishing the European Community and the
Treaty establishing the European Atomic Energy Commu-
nity provide for no powers, other than those in Articles 308
and 203, respectively, for adopting this Decision

(20) The European Economic and Social Committee has

delivered an opinion (1).

security, economic or social well-being of people or of the
functioning of the Community or its Member States.

Article 3

General objectives

(21)

In order to ensure the effective and timely implementation
of
this Decision should apply from
1 January 2007,

the programme,

1. The Programme shall contribute to support Member States'
efforts to prevent, prepare for, and to protect people and critical
infrastructure against terrorist attacks and other security related
incidents.

HAS DECIDED AS FOLLOWS:

Article 1

Subject matter

1. This Decision establishes the Specific Programme ‘Preven-
tion, Preparedness and Consequence Management of Terrorism
and other Security related risks’, hereinafter referred to as ‘the
Programme’, in order to contribute to supporting Member States'
efforts to prevent, prepare for, and to protect people and critical
infrastructure against risks linked with terrorist attacks and other
security related risks, as part of the General Programme on
Security and Safeguarding Liberties.

2. The Programme shall cover the period from 1 January 2007
to 31 December 2013.

3. This Decision shall not apply to matters that are covered by
the Civil Protection Financial Instrument.

2. The Programme is intended to contribute to ensuring
protection in the areas
the crisis management,
such as
environment, public health, transport, research and technological
development and economic and social cohesion, in the field of
terrorism and other security related risks within the area of
freedom, security and justice.

Article 4

Specific objectives

1. Within the general objectives, and unless covered by other
financial instruments, the Programme shall stimulate, promote
and develop measures on prevention, preparedness
and
consequence management based,
inter alia, on comprehensive
threat and risk assessments, subject to the supervision by the
Member States and with due regard to existing Community
competence in that matter, and aiming to preventing or reducing
risks linked with terrorism and other security related risks.

Article 2

Definitions

2. With regard to prevention and preparedness of risks linked
with terrorism and other security related risks the Programme
aims at protecting people and critical infrastructure, in particular
by:

For the purposes of this Decision, the following definitions shall
apply:

(a)

(b)

(c)

‘prevention and preparedness’ refers to measures aimed at
preventing and/or reducing risks linked to terrorism and
other security related risks;

‘consequence management’ refers to the coordination of
measures taken in order to react to and to reduce the
impact of
in
particular resulting from terrorist attacks in order to ensure
a smooth coordination of crisis management and security
actions;

the effects of a security related incident,

‘critical infrastructure’ includes in particular those physical
resources, services, information technology facilities, net-
works and infrastructure assets which,
if disrupted or
destroyed, would have a serious impact on the critical
societal functions, including the supply chain, health, safety,

(a)

stimulating, promoting, and supporting risk assessments
on critical infrastructure, in order to upgrade security;

(b)

(c)

stimulating, promoting, and supporting the development of
methodologies for the protection of critical infrastructure,
in particular risk assessment methodologies;

promoting and supporting shared operational measures to
improve security in cross-border supply chains, provided
that the rules of competition within the internal market are
not distorted;

(d)

promoting and supporting the development of security
standards, and an exchange of know-how and experience
on protection of people and critical infrastructure;

(1) OJ C 65, 17.3.2006, p. 63.

(e)

promoting and supporting Community wide coordination
and cooperation on protection of critical infrastructure.

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3. With regard to consequence management the Programme
aims at:

(e)

awareness and dissemination activities.

(a)

(b)

stimulating, promoting and supporting exchange of know-
how and experience, in order to establish best practices
with the view to coordinate the response measures and to
achieve cooperation between various actors of crisis
management and security actions;

promoting joint exercises and practical scenarios including
security and safety components,
to enhance
coordination and cooperation between relevant actors at
the European level.

in order

Article 6

Access to the Programme

1. Access to the Programme shall be opened to bodies and
organisations with legal personality established in the Member
States. Bodies and organisations which are profit oriented shall
have access to grants only in conjunction with non-profit
oriented or State organisations. Non-governmental organisations
may apply for funding of the projects referred to in Article 5(2)
provided that they ensure sufficient level of confidentiality.

(i)

(ii)

(iii)

Article 5

Eligible actions

1. With a view to pursuing the general and specific objectives
set out in Articles 3 and 4, the Programme shall provide under
the conditions set out in the annual work programme financial
support for the following types of action:

(a)

(b)

projects initiated and managed by the Commission with a
European dimension;

transnational projects, which shall involve partners in at
least two Member States, or at least one Member State and
one other country which may either be an acceding or a
candidate country;

(c)

national projects within Member States, which:

prepare transnational projects and/or Community
actions (‘starter measures’);

regards

2. As
third countries and
international organisations may participate as partners but are
not permitted to submit projects.

transnational projects,

Article 7

Types of intervention

1. Community financial support may take the following legal
forms:

(a)

grants;

(b)

public procurement contracts.

2. Community grants shall be awarded further to calls for
proposals, save in duly substantiated exceptional cases of urgency
or where the characteristics of the beneficiary leave no other
choice for a given action, and shall be provided through
operating grants and grants for actions.

complement transnational projects and/or Commu-
nity actions (‘complementary measures’);

The annual work programme shall specify the minimum rate of
the annual expenditure to be awarded to grants. This minimum
rate shall be at least 65 %.

contribute to developing innovative methods and/or
technologies with a potential
for transferability to
actions at Community level, or develop such methods
or technologies with a view to transferring them to
other Member States and/or other country which may
either be an acceding or a candidate country.

2.

In particular, financial support may be provided for

(a)

actions on operational cooperation and coordination
(strengthening networking, mutual confidence and under-
standing, development of contingency plans, exchange and
dissemination of information, experience and best practice);

(b)

analytical, monitoring, evaluation and audit activities;

(c)

development and transfer of technology and methodology,
particularly regarding information sharing and inter-oper-
ability;

(d)

training, exchange of staff and experts; and

The maximum rate of co-financing of the costs of the projects
shall be specified in the annual work programme.

is

Expenditure

foreseen for

3.
accompanying measures,
through public procurement contracts, in which case Commu-
nity funds shall cover the purchase of services and goods. This
shall cover, inter alia, expenditure on information and commu-
nication, preparation, implementation, monitoring, checking and
evaluation of projects, policies, programmes and legislation.

Article 8

Implementing measures

1. The Commission shall implement the Community financial
support in accordance with Regulation (EC, Euratom) No 1605/
2002, hereinafter referred to as ‘the Financial Regulation’.

2. To implement the Programme, the Commission shall, within
the limits of the general objectives defined in Article 3, adopt an
annual work programme, by the end of September specifying its

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specific objectives, thematic priorities, a description of accom-
panying measures envisaged in Article 7(3) and if necessary a list
of other actions.

Article 10

Complementarity

The annual work programme for 2007 shall be adopted three
months after taking of effect of this Decision.

3. The annual work programme shall be adopted in accordance
with the procedure referred to in Article 9(3).

4. The evaluation and award procedures relating to grants for
actions shall take into account, inter alia, the following criteria:

(a)

conformity with the annual work programme, the general
objectives as specified in Article 3 and measures taken in
the different domains as specified in Articles 4 and 5;

(b)

quality of the proposed action regarding its conception,
organisation, presentation and expected results;

(c)

(d)

amount
appropriateness as to expected results;

requested for community financing and its

impact of the expected results on the general objectives
defined in Article 3 and on measures taken in the different
domains as specified in Articles 4 and 5.

5. Decisions related to actions submitted under Article 5(1)(a)
shall be adopted by the Commission in accordance with the
management procedure referred to in Article 9(3). Decisions
related to actions submitted under Article 5(1)(b) and (c) shall be
adopted by the Commission in accordance with the advisory
procedure referred to in Article 9(2).

Decisions on applications for grants involving profit-oriented
bodies or organisations shall be adopted by the Commission in
accordance with the management procedure referred to in
Article 9(3).

Article 9

Committee

1. The Commission shall be assisted by a committee (herein-
after referred to as the Committee).

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

3. 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.

4. The Committee shall adopt its rules of procedure.

1.
Synergies, consistency and complementarity shall be sought
with other Union and Community instruments, inter alia, with
the specific programmes ‘Prevention of and Fight against Crime’
and ‘Criminal Justice’, the Seventh Framework Programme for
Research, Technological Development and Demonstration Activ-
the European Union Solidarity Fund and the Civil
ities,
Protection Financial Instrument.

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

in order

3. Operations financed under this Decision shall not receive
financial support
for the same purpose from other Union/
Community financial instruments. It shall be ensured that the
beneficiaries of the Programme shall provide the Commission
with information about funding received from general budget of
the European Union and from other sources, as well as
information about ongoing applications for funding.

Article 11

Budgetary resources

The budgetary resources allocated to the actions provided for in
the Programme shall be entered in the annual appropriations of
the general budget of the European Union. The available annual
appropriations shall be authorised by the budgetary authority
within the limits of the financial framework.

Article 12

Monitoring

1. The Commission shall ensure that, for any action financed
by the Programme,
the beneficiary submits technical and
financial reports on the progress of work and that a final report
is submitted within three months of the completion of the
action. The Commission shall determine the form and structure
of the reports.

the contracts and
2. The Commission shall ensure that
the Pro-
agreements resulting from the implementation of
gramme provide in particular for supervision and financial
control by the Commission (or any representative authorised by
it), if necessary by means of on-the-spot checks, including sample
checks, and audits by the Court of Auditors.

3. The Commission shall ensure that for a period of five years
following the last payment
the
beneficiary of the Community financial support keeps available
for the Commission all the supporting documents regarding
expenditure on the action.

in respect of any action,

4. On the basis of the results of the reports and on-the-spot
checks referred to in paragraphs 1 and 2, the Commission shall
ensure that, if necessary, the scale or the conditions of allocation

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the financial support originally approved and also the

of
timetable for payments is adjusted.

not repaid in good time under the conditions laid down by the
Financial Regulation.

5. The Commission shall ensure that every other step necessary
to verify that the actions financed are carried out properly and in
compliance with the provisions of this Decision and the Financial
Regulation be taken.

Article 13

Article 14

Evaluation

1. The Programme shall be monitored regularly in order to
follow the implementation of activities carried out hereunder.

Protection of Community financial interests

2. The Commission shall ensure regular,
external evaluation of the Programme.

independent and

1. The Commission shall ensure that, when actions financed
under this Decision are implemented, the financial interests of
the Community are protected by the application of measures to
prevent fraud, corruption and any other illegal activities, by
effective checks and by the recovery of the amounts unduly paid
and, if irregularities are detected, by effective, proportional and
dissuasive penalties, in accordance with Regulations (EC, Eura-
tom) No 2988/95, (Euratom, EC) No 2185/96 and (EC) No 1073/
1999.

2.
For the Community actions financed under this Decision,
Regulations (EC, Euratom) No 2988/95 and (Euratom, EC)
No 2185/96 shall apply to any infringement of a provision of
Community law,
including infringements of a contractual
obligation stipulated on the basis of the Programme, resulting
from an act or omission by an economic operator, which has, or
would have, the effect of prejudicing the general budget of the
European Union or budgets managed by it, by an unjustified item
of expenditure.

if it finds irregularities,

3. The Commission shall ensure that the amount of financial
assistance granted for an action is reduced, suspended or
recovered,
including non-compliance
with the provisions of this Decision or the individual decision or
the contract or agreement granting the financial support in
question, or if it transpires that, without Commission approval
having been sought, the action has been subjected to a change
which conflicts with the nature or implementing conditions of
the project.

4.
If the time limits have not been observed or if only part of
the allocated financial support is justified by the progress made
with implementing an action, the Commission shall ensure that
the beneficiary is requested to submit observations within a
specified period. If the beneficiary does not give a satisfactory
answer, the Commission shall ensure that the remaining financial
support might be cancelled and repayment of sums already paid
demanded.

5. The Commission shall ensure that any undue payment is
repaid to the Commission. Interest shall be added to any sums

3. The Commission shall submit to the European Parliament
and the Council:

(a)

(b)

an annual presentation on the implementation of
Programme;

the

an interim evaluation report on the results obtained and the
qualitative and quantitative aspects of the implementation
of the Programme no later than 31 March 2010;

(c)

a communication on the continuation of the Programme
no later than 31 December 2010;

(d)

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

Article 15

Publication of projects

Each year the Commission shall publish the list of actions
financed under the Programme with a short description of each
project.

Article 16

Taking of effect and application

This Decision shall take effect on the day of its publication in the
Official Journal of the European Union.

It shall apply from 1 January 2007.

Done at Brussels, 12 February 2007.

For the Council

The President

F.-W. STEINMEIER