2007/162/EC,Euratom: Council Decision of 5 March 2007 establishing a Civil Protection Financial Instrument (Text with EEA relevance )
Date: 2007-03-05
Institutions: Council of the European Union
Subjects: EU financial instrument, civil defence, cooperation policy, emergency aid, financial aid

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

II

DECISIONS

COUNCIL

COUNCIL DECISION

of 5 March 2007

establishing a Civil Protection Financial Instrument

(Text with EEA relevance)

(2007/162/EC, Euratom)

THE COUNCIL OF THE EUROPEAN UNION,

(4)

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

establishing the European

Having regard 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)

(3)

Under Article 3(1)(u) of the EC Treaty, the activities of
the Community are to include measures in the sphere of
civil protection.

To that effect, a Community mechanism to facilitate
reinforced cooperation in civil protection assistance inter-
ventions (the Mechanism) was established by Decision
2001/792/EC, Euratom (2).

Council Decision 1999/847/EC of 9 December 1999
establishing a Community action programme in the
field of civil protection (3) expired on 31 December
2006.

(1) OJ C 291 E, 30.11.2006, p. 104.
(2) OJ L 297, 15.11.2001, p. 7.
(3) OJ L 327, 21.12.1999, p. 53. Decision as amended by Decision

2005/12/EC (OJ L 6, 8.1.2005, p. 7).

(5)

(6)

(7)

(the

in particular

It is necessary to establish a civil protection financial
instrument
Instrument) under which financial
assistance may be given, both as a contribution to
improving the effectiveness of response to major emer-
gencies,
context of Decision
in the
2001/792/EC, Euratom, and to enhancing preventive
and preparedness measures for all kinds of emergencies
such as natural and man-made disasters, acts of terrorism
including chemical, biological, radiological and nuclear
radiological or environ-
terrorism, and technological,
mental
of
including
accidents,
measures that were previously taken under Decision
1999/847/EC.

continuation

the

to

In
order
1999/847/EC,
January 2007.

ensure

continuity with Decision
this Decision should apply from 1

The Instrument will ensure the visible expression of
European solidarity towards countries affected by major
emergencies by facilitating the provision of assistance
through mobilisation of Member States'
intervention
assets.

The isolated and outermost regions and some other
regions or islands of the Community often have special
characteristics and needs owing to their geography,
terrain, and social and economic circumstances. These
have
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
risk of a major emergency.

effects, hamper

adverse

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(8)

(9)

for Stability (4),

This Decision should not affect actions falling under
Regulation (EC) No 1717/2006 of
the European
Parliament and of the Council of 15 November 2006
the public
establishing an Instrument
health measures adopted under Community legislation
concerning Community action programmes in the field
of health, nor the consumer safety measures adopted
under Decision No 1926/2006/EC of
the European
Parliament and of the Council of 18 December 2006
establishing a programme of Community action in the
field of consumer policy (2007-2013) (5).

(13)

For reasons of coherence, actions falling under Council
Decision 2007/124/EC, Euratom of 12 February 2007
establishing for the period 2007 to 2013, as part of
the General Programme on Security and Safeguarding
the specific Programme ‘Prevention, Prepa-
Liberties,
redness and Consequence Management of Terrorism
and other Security related risks’ (6) or relating to the
maintenance of law and order and the safeguarding of
internal security should not be covered by this Decision.

contribution to prevention of and preparedness for emer-
gencies and to response to major emergencies.

should

be made

The Mechanism should be supported by an effective and
integrated detection and early warning system that can
alert Member States and the Community to disasters or
threats of disasters that may affect the territory of the
Member States. While decisions on the creation of such
systems
specific
instruments, the Instrument should, as the Mechanism
is a user, contribute to the creation of such systems by
indicating what is needed and by ensuring those systems
are both interlinked and connected to the Mechanism.
Once these systems are in place, the Mechanism should
make full use of them and contribute to their devel-
opment through all means that are otherwise available
under this Decision.

under

other

(10)

This Decision should not apply to activities covered by
Council Regulation (EC) No 1257/96 of 20 June 1996
concerning humanitarian aid (7).

(14)

The Commission should provide appropriate logistical
support for the assessment and/or coordination experts
it deploys.

(11)

deliberate marine

Following the expiry, on 31 December 2006, of 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
this
to accidental
the
Decision should cover
marine pollution emergencies through the Mechanism.
The preparedness and prevention aspects
should be
covered by other instruments such as Regulation (EC)
No 1406/2002 of the European Parliament and of the
Council of 27 June 2002 establishing the European
Maritime Safety Agency (9).

pollution (8)

response

(15)

(16)

It is the responsibility of the Member States to provide
civil protection
and transport
equipment
of
assistance
the
offer
they
provide
Mechanism. Member
adequate logistical support
for the intervention teams
or modules that they deploy.

the
framework
also

for
in the
States

should

and

transport

equipment

The Commission has, however, a role in supporting
Member States by facilitating the pooling of Member
resources.
States'
The
the Member States to
Commission could also assist
identify,
transport
to,
access
their
resources that may be available from other sources,
including the commercial market. The Commission
could
the
equipment that may be available from other sources.

the Member

to identify

facilitate

States

assist

and

(12)

To ensure the effective operation of the Instrument, it is
appropriate that actions for which financial assistance is
granted have the potential to make a practical and timely

(4) OJ L 327, 24.11.2006, p. 1.
(5) OJ L 404, 30.12.2006, p. 39.
(6) OJ L 58, 24.2.2007, p. 1.
(7) OJ L 163, 2.7.1996, p. 1. Regulation as last amended by Regulation
(EC) No 1882/2003 of the European Parliament and of the Council
(OJ L 284, 30.10.2003, p. 1).

(8) OJ L 332, 28.12.2000, p. 1. Decision as amended by Decision No

787/2004/EC (OJ L 138, 30.4.2004, p. 12).

(9) OJ L 208, 5.8.2002, p. 1. Regulation as last amended by Regulation

(EC) No 1891/2006 (OJ L 394, 30.12.2006, p. 1).

(17)

The Commission should also be in a position to
the transport provided
complement, where necessary,
by Member States by financing additional
transport
necessary to ensure the timely delivery and effectiveness
of the civil protection response under the Mechanism.
Such financing should be subject to certain criteria and
to reimbursement of part of the funding received.

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(18)

the

Instrument

should be

to the general budget of

The award of public procurement contracts and grants
under
implemented in
accordance with Council Regulation (EC, Euratom) No
1605/2002 of 25 June 2002 on the Financial Regulation
the European
applicable
Communities (10) (the Financial Regulation). Due to the
specific nature of action in the field of civil protection, it
is appropriate to provide that financial assistance may
also be awarded to natural persons. It is also important
in
that
particular regarding the principles of economy, efficiency
and effectiveness laid down therein.

that Regulation have been met,

the rules of

(19)

Participation of third countries in the Instrument should
be possible.

actions
Instrument.

receiving

financial

assistance

under

the

(24) 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 incor-
rectly used in accordance with Council Regulation (EC,
Euratom) No 2988/95 of 18 December 1995 on the
interests (11),
protection of
the Communities financial
Council Regulation (Euratom, EC) No 2185/96 of 11
November 1996 concerning on-the-spot checks and
inspections carried out by the Commission in order to
protect
interests
against fraud and other irregularities (12) 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) (13).

the European Communities'

financial

it

importance that

(20) Where the Mechanism is responding to a request for
the
assistance outside the Community as a part of
overall Community humanitarian response,
is of
there be complementarity
particular
and coherence between actions under this Decision and
actions financed under Regulation (EC) No 1257/96 and
that actions under this Decision be governed by the
humanitarian principles established in that Regulation,
namely that those actions should, as is the general rule
in civil protection, be non discriminatory,
independent,
impartial and in accordance with the victim's needs and
interests.

(25)

the exercise of

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
implementing powers
conferred on the Commission (14), with a distinction
being made between those measures which are subject
to the management procedure and those which are
subject
in
regulatory procedure,
certain cases, given the importance of the measures to
be taken, being the most appropriate.

to the

latter,

the

(21)

Coordination and consistency with the actions of inter-
national organisations and agencies should be ensured
for interventions in third countries.

(22)

To improve the Commission's ability to follow the imple-
mentation of this Decision, it should be possible, on the
initiative of
to finance expenditure
related to the monitoring, control, audit and evaluation
thereof.

the Commission,

(23) Appropriate provision should be made

adequate monitoring of

the implementation of

to ensure
the

(26) A financial reference amount, within the meaning of
point 38 of the Interinstitutional Agreement of 17 May
2006 between the European Parliament, the Council and
the Commission on budgetary discipline and sound
financial management (15),
is included in this Decision
the Instrument, without
for
thereby affecting the powers of the budgetary authority
as they are defined by the EC Treaty. It is understood that
this amount should be financed partly from subheading
3B ‘Citizenship’ and partly from subheading 4 ‘The EU as
a global partner’ of the financial framework 2007-2013.

the entire duration of

(27)

The implementation of this Decision should be evaluated
regularly.

(11) OJ L 312, 23.12.1995, p. 1.
(12) OJ L 292, 15.11.1996, p. 2.
(13) OJ L 136, 31.5.1999, p. 1.
(14) OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision

(10) OJ L 248, 16.9.2002, p. 1. Regulation as amended by Regulation

2006/512/EC (OJ L 200, 22.7.2006, p. 11).

(EC) No 1995/2006 (OJ L 390, 30.12.2006, p. 1).

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

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(28)

injuries,

Since the objectives of this Decision cannot be suffi-
ciently achieved by the Member States acting alone and
can therefore, by reason of the scale and effects of the
actions to be financed under the Instrument, taking into
account the benefits in terms of reducing the loss of
human life,
and
material damage, be better achieved at Community
level, the Community may adopt measures in accordance
with the principle of subsidiarity as set out in Article 5 of
In accordance with the principle of
the EC Treaty.
proportionality, as set out in that Article, this Decision
does not go beyond what is necessary in order to achieve
those objectives.

environmental,

economic

(29)

The EC Treaty and the Euratom Treaty provide for no
powers, other than those under Articles 308 and 203,
respectively, for the adoption of this Decision,

HAS ADOPTED THIS DECISION:

Article 1

Subject matter

1.
This Decision establishes a Civil Protection Financial
Instrument (the Instrument) to support and complement the
efforts of the Member States for the protection, primarily of
people but also of the environment and property,
including
cultural heritage,
in the event of natural and man-made
disasters, acts of terrorism and technological, radiological or
environmental accidents and to facilitate reinforced cooperation
between the Member States in the field of civil protection.

This Decision makes special provisions to fund certain
to

3.
transport resources in the event of a major emergency,
facilitate a rapid and effective response thereto.

This Decision shall take into account the special needs of
the

4.
isolated, outermost and other
Community in the case of an emergency.

regions or

islands of

Article 2

Scope

1.
This Decision shall apply to preventive and preparedness
measures for all kinds of emergencies inside the Community
and in countries participating on the basis of Article 7.

to the

immediate

This Decision shall apply to actions to assist with the
a major
including the response to
the
a
in accordance with the

2.
response
emergency regardless of its nature,
accidental marine
Mechanism,
request
Mechanism.

emergencies
the Community, where

pollution
inside or outside

consequences of

assistance

is made

through

for

3.

This Decision shall not apply to the following:

(a) actions falling under Regulation (EC) No 1717/2006;

(b) actions and measures falling under Community legislation
concerning Community action programmes in the field of
health;

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

(c) actions

and measures

falling

under Decision No

1926/2006/EC;

This Decision lays down the rules for the provision of

2.
financial assistance for:

(d) actions falling under Decision 2007/124/EC, Euratom;

(e) actions falling under Regulation (EC) No 1257/96, without

prejudice to Article 4(2)(c) of this Decision;

(a) actions in the field of

the Community mechanism to
facilitate reinforced cooperation in civil protection assistance
interventions (the Mechanism);

(f) actions falling under Regulation (EC) No 1406/2002.

(b) measures to prevent or reduce the effects of an emergency;

and

(c) actions designed to enhance the Community's state of
including

preparedness
actions enhancing EU citizens' awareness.

to emergencies,

responses

for

Article 3

Definitions

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

(a)

‘emergency’ means any situation which has or may have an
adverse impact on people, the environment or property;

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(b) ‘major emergency’ means any situation which has or may
have an adverse impact on people,
the environment or
property and that may result in a call for assistance under
the Mechanism;

(d) maintaining the functions provided by the Monitoring and
Information Centre of the Mechanism (MIC) to facilitate a
rapid response in the event of a major emergency;

(c)

‘response’ means any action taken under the Mechanism
during or
its
immediate consequences;

to address

emergency

a major

after

(d) ‘preparedness’ means a state of readiness and capability of
human and material means enabling them to ensure an
effective rapid response to an emergency, obtained as a
result of action taken in advance;

(e)

‘prevention’ means any action that supports Member States
in preventing risks or reducing harm to people, the envir-
onment or property resulting from emergencies;

(f)

‘early warning’ means the timely and effective provision of
information that allows action to be taken to avoid or
for an effective
reduce risks and ensure preparedness
response.

(e) communication actions and measures to promote the visi-

bility of the Community's response;

for disasters which may affect

(f) contributing to the development of detection and early
warning systems
the
territory of the Member States, to enable a rapid response
by the Member States and the Community, as well as to the
and
establishment of
through studies
such systems
assessments on the need for and feasibility of
those
systems and through actions to promote their interlinkage
and their linkage to the MIC and the CECIS system referred
to in point (g). Those systems shall take into account and
build upon existing information, monitoring or detection
sources;

communication

and maintenance of a secure

common
(g) establishment
emergency
system
(CECIS) and tools to enable communication and sharing
of information between the MIC and the contact points of
the Member States and of other participants in the context
of the Mechanism;

information

and

Article 4

Eligible actions and criteria

(h) monitoring, assessment and evaluation activities;

The following actions

1.
financial
assistance under the Instrument in the field of prevention and
preparedness:

shall be eligible for

(a) studies, surveys, modelling and scenario building to:

(i) facilitate the sharing of knowledge, best practices and

information; and

(i) establishment of a programme of lessons learnt from inter-
ventions and exercises in the context of the Mechanism.

The following actions

2.
financial
assistance under the Instrument in the field of response under
the Mechanism:

shall be eligible for

(ii) enhance
response;

prevention,

preparedness,

and

effective

(a) dispatching assessment and coordination experts along with
in particular communication
their supporting equipment,
tools, to facilitate the provision of assistance and coop-
eration with other actors present;

(b) training, exercises, workshops, exchange of staff and experts,
creation of networks, demonstration projects and tech-
nology transfer to enhance prevention, preparedness and
effective response;

(b) supporting Member States in obtaining access to equipment

and transport resources by:

(c) public information, education and awareness raising and
associated dissemination actions, so as to minimise the
effects of emergencies on EU citizens and to help EU
citizens to protect themselves more effectively;

(i) providing and sharing information on equipment and
transport resources that can be made available by the
Member States, with a view to facilitating the pooling
of such equipment or transport resources;

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(ii) assisting Member States to identify, and facilitating their
access to,
transport resources that may be available
from other sources, including the commercial market;

from their duty to endow their civil protection systems
with sufficient capabilities
to enable them to cope
adequately with disasters of a magnitude and nature
that can reasonably be expected and prepared for.

(iii) assisting Member States to identify equipment that may
the

from other

including

sources,

be
available
commercial market;

4.
The rules for implementing paragraph 2 points (b) and (c)
and paragraph 3 shall be adopted in accordance with the
procedure referred to in Article 13(3).

(c) complementing the transport provided by Member States by
financing additional
resources necessary for
transport
ensuring a rapid response to major emergencies falling in
the scope of Article 1. Such actions shall be eligible for
financial assistance under
the
following criteria are met:

the Instrument only if

The Commission shall regularly report on the application of
paragraph 2 points
(b) and (c) and paragraph 3 to the
Committee referred to in Article 13.

transport resources are necessary for
(i) the additional
ensuring the
civil protection
the
effectiveness of
response under the Mechanism;

These rules shall be revised as necessary in accordance with the
procedure referred to in Article 13(3).

(ii) all other possibilities for finding transport under the
including point (b), have been exhausted;

Mechanism,

Article 5

Beneficiaries

(iii) the assistance to be transported:

Financial assistance under the Instrument may be granted to
natural or
legal persons, whether governed by private or
public law.

— has been offered to and accepted by a requesting

country under the Mechanism,

— is necessary to meet vital needs arising from the

emergency,

— complements

Member States,

the

assistance provided by

the

— complements,

for emergencies in third countries,
the overall Community humanitarian response,
where present.

3. (a) The Member States requesting financial support for the
transportation of their assistance shall reimburse at least
50 % of the Community funds received, not later than
180 days after the intervention;

Article 6

Types of financial intervention and implementing
procedures

The Commission shall

the Community
1.
financial assistance in accordance with the Financial Regulation.

implement

2.
Financial assistance under the Instrument may take the
form of grants or public procurement contracts, awarded in
accordance with the Financial Regulation.

3.
In the case of grants, the Commission shall adopt annual
work programmes specifying the objectives, the schedule of the
call or calls for proposals, the indicative amount involved, the
maximum rate of
results
expected.

intervention and the

financial

(b) Any financing provided under the Instrument shall not
affect the responsibility of the Member States to protect
people, property and the environment on their territory
against disasters and shall not release Member States

4.
In the case of public procurement, contracts including
framework contracts for the purposes of mobilisation of the
necessary means
implementing rapid response actions
shall be included in the annual work programmes.

for

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The annual work programmes

5.
accordance with the procedure referred to in Article 13(2).

shall be adopted in

6.
The budget under the Instrument shall be implemented by
the Commission on a centralised basis and directly by its
departments in accordance with Article 53(2) of the Financial
Regulation.

Article 9

Consistency with actions of international organisations
and agencies

The Commission shall ensure that, for interventions in third
countries, actions financed by the Community are coordinated
and consistent with those of international organisations and
agencies,
in particular those which form part of the United
Nations system.

Article 7

Participation of third countries

Participation in the Instrument shall be open to candidate
countries.

Article 10

Technical and administrative assistance

1.
At the initiative of the Commission, the Instrument may
also cover expenditure related to monitoring, control, audit and
evaluation directly necessary for the implementation of
this
Decision.

Other third countries may cooperate in activities under the
Instrument where agreements between these third countries
and the Community so allow.

Article 8

Complementarity and consistency of Community action

1.
Actions receiving financial assistance under the Instrument
shall not receive assistance from other Community financial
instruments.

the Instrument and beneficiaries of

The Commission shall ensure that the applicants for financial
such
assistance under
assistance provide it with information about financial assistance
received from other sources, including the general budget of the
European Union, and about ongoing applications for receiving
such assistance.

Synergies and complementarity shall be sought with other
2.
instruments of the Union or the Community. In the case of a
response in third countries, the Commission shall ensure the
complementarity and coherence of actions financed under the
Instrument and actions financed under Regulation (EC) No
1257/96.

Such expenditure may,
in particular, cover studies, meetings,
information activities, publications, expenditure on informatics
networks (and related equipment) for the exchange of infor-
mation and any other expenditure on technical and adminis-
trative assistance to which the Commission may need to have
recourse to implement this Decision.

The expenditure referred to in the first and second subpara-
graphs shall not exceed 4 % of the budget.

2.
The budget relating to the actions referred to in paragraph
1 shall be implemented by the Commission on a centralised
basis and directly by its departments in accordance with Article
53(2) of the Financial Regulation.

Article 11

Monitoring

The Commission shall ensure that contracts and grants
1.
resulting from the implementation of the Instrument provide,
for supervision and financial control by the
in particular,
Commission (or
if
including sample
necessary by means of on-the-spot checks,
checks, and audits by the Court of Auditors.

authorised by it),

any representative

3. Where assistance under the Mechanism contributes to a
wider Community humanitarian response, actions receiving
financial assistance under the Instrument shall be consistent
with the humanitarian principles referred to in Regulation
(EC) No 1257/96.

2.
The Commission shall ensure that, for a period of five
years following the last payment in respect of any action, the
financial assistance keeps available for
beneficiary of
the
Commission all
the supporting documents regarding expen-
diture on the action.

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On the basis of the results of the on-the-spot checks
3.
referred to in paragraph 1, the Commission shall ensure that,
if necessary, the scale or the conditions of allocation of the
financial assistance originally approved and also the timetable
for payments are adjusted.

4.
The Commission shall ensure that every step necessary is
taken to verify that the actions financed are carried out properly
and in compliance with the provisions of this Decision and the
Financial Regulation.

Article 12

Protection of Community financial interests

1.
The Commission shall ensure that, when actions financed
under the Instrument are carried out, 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
in accordance with Regulations (EC,
and dissuasive penalties,
Euratom) No 2988/95,
(Euratom, EC) No 2185/96 and (EC)
No 1073/1999.

2.
For Community actions financed under the Instrument,
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 obli-
gation stipulated under the Instrument, 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.

it finds irregularities,

3.
The Commission shall ensure that the amount of financial
assistance granted for an action is reduced, suspended or
including non compliance
recovered if
with the provisions of this Decision or the individual decision
or the contract granting the financial support in question, or if
it transpires that, without prior Commission approval having
being sought in writing, 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 assistance is justified by the progress
the Commission shall
made with implementing an action,

ensure that the beneficiary is requested to submit observations
within a specified period.

the
the beneficiary does not give a satisfactory answer,
If
Commission shall ensure that the remaining financial assistance
may be cancelled and that repayment of sums already paid is
demanded.

5.
The Commission shall ensure that any undue payment is
repaid, with interest on any sums not repaid in good time under
the conditions laid down by the Financial Regulation.

Article 13

Committee procedure

The Commission shall be assisted by a committee (the

1.
Committee).

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

The period laid down in Article 4(3) of Decision 1999/468/EC
shall be set at three months.

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

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

4.

The Committee shall establish its rules of procedure.

Article 14

Budgetary resources

1.
The financial reference amount for the implementation of
the Instrument for the period 2007 to 2013 shall be EUR
189 800 000 at current prices.

Annual appropriations shall be authorised by the budgetary
authority within the limits of the financial framework.

from
EUR 133 800 000 at
subheading 3B ‘Citizenship’ of
framework and
EUR 56 000 000 at current prices from subheading 4 ‘The
EU as a global partner’.

current prices

the financial

shall derive

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No more than 50 % of the financial reference amount
2.
shall be allocated to actions falling under Article 4(2)(b) and (c).

(b) no later than 30 June 2010, an interim evaluation report on
the results obtained and the qualitative and quantitative
aspects of the implementation of this Decision;

Article 15

Evaluation

1.
Actions receiving financial assistance under the Instrument
shall be monitored regularly in order to follow their implemen-
tation.

The Commission shall

2.
European Parliament and to the Council:

submit

the following to the

(a) no later than 31 December 2008, a first evaluation report
on the qualitative and quantitative aspects of the implemen-
tation of Article 4(2) points (b) and (c) and (3). This report
shall take into account the results of an analysis conducted
jointly by the Commission and the Member States, by 31
December 2007, on the transport and equipment needs
experienced in major civil protection interventions and the
measures taken under this Decision to address these needs;

If it appears necessary in the light of the conclusions of this
report:

(i) the Commission may present a proposal, as appropriate,

to review the relevant provisions;

(ii) the Council may invite the Commission to present a
proposal with a view to the adoption of any appropriate
amendment of those provisions before 30 June 2009;

(c) no later than 31 December 2011, a communication on the

continuation of this Decision;

(d) no later than 31 December 2014, an ex post evaluation

report.

Article 16

Application

This Decision shall apply from 1 January 2007 to 31 December
2013.

Article 17

Addressees

This Decision is addressed to the Member States.

Done at Brussels, 5 March 2007.

For the Council
The President

F.-W. STEINMEIER