2007/606/EC,Euratom: Commission Decision of 8 August 2007 laying down rules for the implementation of the provisions on transport in Council Decision 2007/162/EC, Euratom establishing a Civil Protection Financial Instrument (notified under document number C(2007) 3769) (Text with EEA relevance )
Date: 2007-08-08
Institutions: European Commission
Subjects: EU financial instrument, civil defence, cooperation policy, emergency aid, financial aid, organisation of transport

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

II

DECISIONS

COMMISSION

COMMISSION DECISION

of 8 August 2007

laying down rules for the implementation of the provisions on transport in Council Decision
2007/162/EC, Euratom establishing a Civil Protection Financial Instrument

(notified under document number C(2007) 3769)

(Text with EEA relevance)

(2007/606/EC, Euratom)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(3)

Having regard to the Treaty
Community,

establishing the European

Having regard to the Treaty establishing the European Atomic
Energy Community,

Having regard to Council Decision 2007/162/EC, Euratom of
5 March 2007 establishing a Civil Protection Financial
Instrument (1), and in particular Article 4(4) thereof,

Whereas:

(1)

(2)

A Community Mechanism to facilitate reinforced coop-
eration in civil protection assistance interventions, here-
‘the Mechanism’, was established by Council
inafter
Commission
Decision
Decision 2004/277/EC, Euratom (3) lays down rules for
the implementation thereof. It is necessary to refer to
that Decision for the definitions of participating States
and third countries.

2001/792/EC,

Euratom (2).

2007/162/EC,

Decision
special
provisions to fund certain transport resources in the
event of a major emergency to facilitate a rapid and
effective response thereto.

Euratom makes

(1) OJ L 71, 10.3.2007, p. 9.
(2) OJ L 297, 15.11.2001, p. 7.
(3) OJ L 87, 25.3.2004, p. 20.

it

is necessary to establish the rules and procedures
It
concerning the
requests made by the participating
States to obtain financial support from the Community
to transport their assistance to the affected country and
the handling of those requests by the Commission. To
that end,
is necessary to establish the rules and
procedures to follow with regard to the pooling or iden-
tifying of transport resources since one of the conditions
for the provision of financial support is that all other
possibilities for finding transport under the Mechanism
have been exhausted. To ensure a rapid and effective
response of the Community to major emergencies it is
necessary to set a period on expiry of which requests for
Community financing may become eligible.

(4)

For reasons of transparency, coherence and effectiveness
it is necessary to establish the information to be provided
in the requests for transport support and related replies
by the Participating States and the Commission.

(5) Where Community financial assistance may be provided
in accordance with Decision 2007/162/EC, Euratom,
participating States should have the choice to request
either a grant or a transport service.

(6)

It is necessary to define the information to be taken into
account in order to determine whether the criteria set out
in points (i) and (iii) of Article 4(2)(c) of Decision
2007/162/EC, Euratom and the principles of economy,
efficiency and effectiveness of the Financial Regulation
are met.

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(7)

(8)

(9)

It is necessary to define the eligible costs since under
Decision 2007/162/EC, Euratom the financial assistance
from the Community may take the form of grants or
public procurement contracts implemented in accordance
with Council Regulation (EC, Euratom) No 1605/2002 of
25 June 2002 on the Financial Regulation applicable to
the general budget of the European Communities (1).

Decision 2007/162/EC, Euratom provides that Member
States requesting financial support from the Community
for the transport of their assistance are to reimburse at
least 50 % of the Community funds received within 180
days of the intervention. It is necessary to establish rules
and procedures for that purpose. The costs incurred by
the Commission are to be considered as funds received
by Member States within the meaning of Article 4(3) of
Decision 2007/162/EC, Euratom.

at

of

additional

role
the

the
framework

and transport
offer
they

in financing
request of Member States,

Since it is the responsibility of Member States to provide
equipment
civil protection
for
the
in the
assistance
Mechanism, and since the Commission has only a
transport
supporting
is
resources
it
necessary to safeguard the financial
the
interests of
compensation for possible
concerning
Community
damage by providing
the participating State
that
requesting transport support shall refrain from making
for compensation from the Community
any request
the
where
provision of
this
Decision, unless it is proven to be the result of fraud
or serious misconduct.

consequence of
governed by

the
support

such damage

transport

is

(10)

The measures provided for
in this Decision are in
accordance with the opinion of the Committee for civil
protection,

HAS ADOPTED THIS DECISION:

Article 1

Subject matter

This Decision lays down rules for the implementation of the
actions in the field of transport that are eligible for financial
assistance from the Community under Article 4(2)(b) and (c)
and Article 4(3) of Decision 2007/162/EC, Euratom.

Article 2

Definitions

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

(1) 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).

(a)

‘participating State’ has the meaning assigned to it in Article
2 of Commission Decision 2004/277/EC, Euratom.

(b) ‘third countries’ has the meaning assigned to it in Article 2

of Commission Decision 2004/277/EC, Euratom.

(c)

‘affected State’ means the participating State or third country
affected by a major emergency for which the Mechanism is
activated.

(d) ‘participating State requesting transport support’ means the
from the
participating State, which requests
Mechanism to transport its assistance to the affected State.

support

(e)

‘civil protection assistance’ means civil protection teams,
experts or modules with their equipment as well as relief
materials or supplies needed to mitigate the immediate
consequences of an emergency.

Article 3

Procedures applying to requests for support through the
Mechanism for the transport of assistance and to related
replies

The procedures provided for in Articles 4 and 5 shall
1.
apply whenever requests are made by participating States for
support through the Mechanism in order to transport their civil
protection assistance to an affected State, hereinafter ‘transport
support’.

2. Where a request for transport support includes a request
for financial support, the latter shall not be eligible for consi-
deration by the Commission until the procedures referred to in
Paragraph 1 have been completed.

Requests shall be issued by the competent authority
3.
referred to in Article 12 and sent
to the Commission in
writing. They shall contain the information provided for in
Part A of the Annex.

All requests for transport support under this Decision and
4.
related replies and exchanges of information between the parti-
cipating States and the Commission shall be transmit to and
processed by the Monitoring and Information Centre of the
Commission (MIC)
established by Decision 2004/277/EC,
Euratom.

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Requests may be transmitted by telefax, electronic mail or
5.
through the common emergency communication and infor-
mation system (CECIS) established by Decision 2004/277/EC,
Euratom. Transmission of
involving Community
financing by telefax, electronic mail or CECIS are accepted
provided that the originals signed by the competent authority
are subsequently provided to the Commission without delay.

requests

Article 4

Requests for support for pooling or identifying transport
resources

from the Mechanism for pooling or

The Commission shall, upon receipt of a request

for
1.
identifying
support
transport
to transport civil protection
assistance to an affected State, immediately notify the contact
points, designated by the participating States under point (e) of
Article 3 of Decision 2001/792/EC, Euratom of this request.

resources

in order

In the notification, the Commission shall

invite partici-
2.
pating States
to provide it with details of any transport
resources which they can make available to the participating
State making the request.

the
In the notification referred to in Paragraph 2,
3.
Commission shall also set a period on expiry of which
requests for Community financing may become eligible. That
period shall not exceed 24 hours from the notification. The
Commission may shorten that period to a minimum of six
hours where this is necessary in order to respond effectively
to urgent and vital needs.

Article 5

Replies to requests for support for pooling or identifying
transport resources

1.
Participating States shall inform the Commission as soon
as possible of any transport resources they can make available
on a voluntary basis in response to the request for support for
pooling or identifying transport resources. That
information
shall contain the elements provided for in Part B of the Annex.

2.
Participating States which do not have suitable transport
resources available should inform the Commission immediately.

The Commission shall

3.
information on
available transport resources and forward it to the participating
State making the request and to other participating States, as
soon as possible.

compile

the

information it has

In addition to the information referred to in Paragraph 3,
4.
the Commission shall forward to the participating States any
other
resources
available from other sources, including the commercial market
and shall facilitate the access of participating States to those
additional resources.

concerning transport

inform
The participating State making the request shall
5.
the Commission of the transport solutions it has selected and
shall liaise with the participating States providing such support
or the operator identified by the Commission.

The Commission shall

6.
inform all participating States of
the selection made by the participating State making the
request. That State shall keep the Commission regularly
informed of the progress in the delivery of its civil protection
assistance.

Article 6

Request for a grant

1. Where a possible transport solution has been identified
but Community funding is required to allow the transport of
the civil protection assistance,
the participating State may
request a grant from the Community.

The participating State shall

indicate in its request what
2.
percentage of
reimburse. That
percentage shall not be less than 50 %. The Commission shall
immediately inform all the participating States of the request.

it will

eligible

costs

the

3.
The Commission may conclude framework partnership
agreements as defined in Article 163 of Commission Regulation
(EC, Euratom) No 2342/2002 (1) with the relevant competent
authorities of participating States
to facilitate
procedures under this Article.

in order

Article 7

Request for a transport service

In cases other than that referred to in Article 6, the parti-
1.
the
cipating State requesting transport support may request
Commission to contract a transport
service to private or
other entities in order to transport its civil protection assistance
to the affected country.

2.
Upon receipt of a request as referred to in Paragraph 1,
the Commission shall immediately inform all the participating
inform the participating State
States of the request and shall
requesting a transport
transport
solutions and their costs.

service of any available

(1) OJ L 357, 31.12.2002, p. 1. Regulation as last amended by Regu-
lation (EC, Euratom) No 478/2007 (OJ L 111, 28.4.2007, p. 13).

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On the basis of the exchange of information referred to in
3.
Paragraphs 1 and 2, the participating State shall confirm in
writing its request for a transport service and its commitment
to reimburse the Commission according to the provisions of
Article 10. The participating State shall indicate what percentage
of the costs it will reimburse. That percentage shall not be less
than 50 %.

The participating State

4.
Commission of any changes to the request
service.

shall

immediately notify the
for a transport

Article 8

Decision on Community financing

For the purposes of point (ii) of Article 4(2)(c) of Decision
1.
2007/162/EC, Euratom all other possibilities
finding
transport under the Mechanism shall be deemed to have been
exhausted when the procedures provided for under Article 4
this Decision have not resulted in arrangements
and 5 of
within the period fixed by the Commission pursuant
to
Article 4(3) of this Decision.

for

The participating States shall provide any additional infor-
3.
mation needed to assess the fulfilment of the criteria set out in
Article 4(2)(c) of Decision 2007/162/EC, Euratom. Participating
States shall inform the Commission as soon as possible upon
receipt of a request from the Commission for such information.

4.
The decision on the actions eligible for financial assistance
pursuant to Article 4(2)(c) of Decision 2007/162/EC, Euratom,
shall set the maximum amount of Community financing for a
given request, taking account of the availability of budgetary
resources.

The decision on financial support shall

5.
immediately be
communicated to the participating State requesting financial
support. It shall also be communicated to all other participating
States.

Article 9

Eligible costs

The following costs shall be eligible for Community financial
support:

2.
in
In order to determine whether the criteria set out
points (i) and (iii) of Article 4(2)(c) of Decision 2007/162/EC,
Euratom and the principles of economy, efficiency and effec-
tiveness of the Financial Regulation are met, the following shall
be taken into account:

(a) costs related to the movement of the transport resources to
the point of dispatch in the territory of the participating
State offering the civil protection assistance including the
costs of all services, fees, logistical and handling costs, fuel
and possible accommodation costs as well as other indirect
costs such as taxes, duties in general and transit costs;

(a)

the information contained in the request for Community
financing presented by the participating State according to
Article 3(3);

(b) the needs expressed by the affected State;

(c) any needs assessments carried out by experts reporting to

the Commission during the emergency;

(b) costs incurred from the point of dispatch in the territory of
the participating State offering the civil protection assistance
to its final destination,
including the costs of all services,
fees, logistical and handling costs, fuel and possible accom-
modation costs as well as other indirect costs such as taxes,
duties in general and transit costs;

(c) costs necessary for the return journey of the transport assets

and any teams and their equipment.

All costs must be duly justified.

(d) other relevant and reliable information available to the
Commission at the time of the decision provided by parti-
cipating States and by international organisations;

Article 10

Reimbursement of Community financing

(e)

efficiency and effectiveness of

the
solutions
designed to affect the timely delivery of civil protection
assistance;

transport

(f) other actions undertaken by the Commission.

in Article 6,

the Commission shall

For the financing granted by the Commission under the
1.
procedure set out
issue
within 90 days of the completion of the transport operation
support was granted a
for which a Community financial
recovery order
to the participating State having benefited
from Community financing for an amount corresponding to
the provisions of the award decision and representing at least
50 % of the funds received and a minimum of 50 % of the
eligible costs.

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For the costs incurred by the Commission under the
2.
procedure set out in Article 7, the Commission shall
issue,
within 90 days of the completion of the transport operation
for which a Community financial
support was granted a
to the participating States having benefited
recovery order
from this Community financing for an amount corresponding
to the provisions of the decision made by the Commission on
the request for a transport service and representing at least 50 %
of the transport costs.

Article 12

Designation of competent authorities

Participating States shall designate the competent authorities
authorised to request and receive financial support from the
Commission in application of this Decision and shall
inform
the Commission thereof within 60 days after notification of this
Decision. Any changes in that information shall be immediately
notified to the Commission.

Article 11

Compensation for damage

any

request

The participating State requesting transport support shall refrain
compensation from the
from making
Community for damage caused to its property or service staff
where such damage is the consequence of the provision of
transport
is
support governed by this Decision, unless
proven to be the result of fraud or serious misconduct.

for

it

Article 13

Addressees

This Decision is addressed to the Member States.

Done at Brussels, 8 August 2007.

For the Commission

Stavros DIMAS
Member of the Commission

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ANNEX

PART A

Information to be provided by participating States requesting transport support for civil protection assistance

1. Disaster/emergency.

2. References to messages issued by the Monitoring and Information Centre of the Commission (MIC).

3. Requesting State/organisation.

4. Final recipient/beneficiary of the assistance transported.

5. Details of the civil protection assistance to be transported including precise description of items, weight, size, volume,
floor space, packaging with due reference to air, land, maritime packaging standards, any hazardous items, vehicle
characteristics as well as overall weight, size, volume, floor space and number of staff travelling and other legal,
customs, health or sanitary requirements relevant for the transport and the delivery of the assistance.

6. Information on how this assistance meets the needs of the affected country in reference to affected country request or

needs assessment.

7. Information, if available, on the existence (or absence) of possibilities for local procurement and distribution available

for the type(s) of assistance to be transported in sufficient quantity.

8. Reason(s) why additional transport resources are necessary for ensuring the effectiveness of the civil protection

response under the mechanism.

9. Information on the state of play regarding this assistance by the affected State or coordinating authority.

10. Required route for transportation of the assistance.

11. Place/port of embarkation and local contact point.

12. Place/port of disembarkation and local contact point.

13. Date/time when the assistance is ready, packed and prepared for transportation from the port of embarkation.

14. Information on any possibilities to move assistance to an alternative place/port of embarkation/hub for onward

movement.

15. Additional information (as appropriate).

16. Information on possible contributions to the transportation costs.

17. Information concerning a request for Community financing (when applicable).

18. Competent authority/signature.

Information to be provided by participating States or the Commission when offering transport support for civil
protection assistance

PART B

1. Disaster/Emergency.

2. Responding State/organisation/contact point.

3. References to messages issued by the Monitoring and Information Centre of the Commission (MIC) and of the

participating State/organisation requesting transport support.

4. Technical details of the offer of transportation including types of transport resources available, dates and times of

transportation, number of movement or sorties required.

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5. Particular details, constraints and modalities concerning the civil protection assistance to be transported including,
weight, size, volume, floor space, packaging, eventual hazardous items, vehicle preparation, handling requirements,
staff travelling and other legal, customs, health or sanitary requirements relevant for the transport and the delivery of
the assistance.

6. Proposed route for transportation of assistance.

7. Place/port of embarkation and local contact point.

8. Place/port of disembarkation and local contact point.

9. Date/time when the assistance needs to be ready, packed and prepared for transportation from the port of embar-

kation.

10. Information on any request for movement of assistance to an alternative place/port of embarkation/hub for onward

movement.

11. Additional information (as appropriate).

12. Information on possible request for contributions to the transportation costs and details of any particular conditions

or restriction related to the offer.

13. Information on the request for Community financing (when applicable).