Joint Proposal for a COUNCIL DECISION on the arrangements for the implementation by the Union of the Solidarity clause
Date: 2012-12-21
Institutions: European Commission, High Representative of the Union
Subjects: EU Member State, intergovernmental cooperation (EU), interinstitutional cooperation (EU), man-made disaster, mutual assistance, natural disaster, terrorism

EUROPEAN 
COMMISSION 

HIGH REPRESENTATIVE OF THE
EUROPEAN UNION FOR
FOREIGN AFFAIRS AND
SECURITY POLICY

Brussels, 21.12.2012  
JOIN(2012) 39 final 

2012/0370 (NLE) 

Joint Proposal for a 

COUNCIL DECISION 

on the arrangements for the implementation by the Union of the Solidarity clause 

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EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

Article 222 of the Treaty on the Functioning of the European Union (TFEU) contains a new 
provision  for  a  ‘Solidarity  Clause’.  Under  this  provision  the  Union  and  its  Member  States 
must act jointly in a spirit of solidarity if a Member State is the object of a terrorist attack or 
the  victim  of  a  natural  or  man-made  disaster.  According  to  222(3),  first  sentence,  the 
Commission and the High Representative must put forward a joint proposal upon which basis 
the Council must decide how the Union is to implement the Solidarity Clause. The European 
Parliament must be informed. 

Due to the wide scope of the Treaty article, the arrangements for implementing the Solidarity 
Clause cover a wide number of policy areas and instruments. These include the EU Internal 
Security Strategy1, the Union Civil Protection Mechanism and the Civil Protection Financial 
Instrument2,  the  EU  Solidarity  Fund3;  the  health  security  initiative  for  serious  cross-border 
threats  to  health4,  crisis  response  and  analysis  structures  in  the  EEAS;  and  the  Crisis 
Coordination  Arrangements  in  the  Council.  The  arrangements  are  also  coherent  with  the 
establishment of a European Area of Justice in the Union. 

2. 

RESULTS OF CONSULTATIONS WITH THE INTERESTED 

Member States have provided valuable written contributions to the preparation of the proposal 
on the basis of a list of questions that had been jointly prepared by the Commission and the 
EEAS. Member States representatives have also held discussions in various Council bodies. 
These include the Political and Security Committee, the Standing Committee on Operational 
Cooperation  on  Internal  Security,  the  Coordinating  Committee  in  the  area  of  police  and 
judicial co-operation in criminal matters and the Military Committee.  

The  European  Parliament  has  also  provided  a  very  useful  contribution  in  the  form  of  its 
resolution  ‘on  the  EU's  mutual  defense  and  solidarity  clauses:  political  and  operational 
dimensions’5. 

3. 

LEGAL ELEMENTS OF THE PROPOSAL 

The aim of the proposal is to comply with paragraph 3 of Article 222 which requires that the 
Commission  and  the  High  Representative  submit  to  the  Council  a  proposal  on  the  Union's 
arrangements  for  implementing  the  Clause.  The  proposal  defines  the  geographic  scope,  the 
activation mechanism, and the response arrangements at Union level.  

1 

2 

3 

4 

5 

Communication  from  the  Commission  to  the  European  Parliament  and  the  Council  of  22  November 
2010  –  The  EU  Internal  Security  Strategy  in  Action:  Five  steps  towards  a  more  secure  Europe 
(COM(2010) 673 final) 
Council  Decision  establishing  a  Community  Civil  Protection  Mechanism  (recast),  2007/779/EC, 
Euratom; Council Decision establishing a Civil Protection Financial Instrument, 2007/162/EC, Euratom 
COUNCIL REGULATION (EC) No 2012/2002 of 11 November 2002 establishing the European Union 
Solidarity Fund 
Proposal for a decision of the European Parliament and of the Council on serious cross-border threats to 
health, COM(2011) 866 final 
2012/2223 of 22.11.2012 

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The proposal takes into consideration and is consistent with the arrangements for coordination 
in  the  Council  (on  the  basis  of  the  Crisis  Coordination  Arrangements),  in  accordance  with 
Article 222.(2). 

Having  regard  to  paragraph  4  of  Article  222,  the  proposal  sets  out  arrangements  for:  (i)  an 
integrated  threat  and  risk  assessment  at  Union  level  to  be  used  as  a  basis  for  a  regular 
assessment  by  the  European  Council  and  (ii)  preparedness  measures  by  the  Union  and 
Member States, on the basis of the guidance of the European Council. 

The Clause applies to disasters and terrorist attacks within the EU territory, whether on land, 
sea or in the  air.  It applies irrespective of whether the crisis originates inside or outside the 
EU.  The  Clause  also  applies  to  ships  (when  in  international  waters)  and  airplanes  (when  in 
international  airspace)  or  critical  infrastructure  (such  as  off-shore  oil  and  gas  installations) 
under the jurisdiction of a Member State. 

The  Clause  relates  to  all  crisis  response  structures  at  EU  level.  Given  the  EU  internal 
dimension of the Clause, most of the relevant structures are in the Commission (DG ECHO, 
HOME,  SANCO,  TAXUD  etc.),  or  in  EU  decentralised  agencies  (FRONTEX,  ECDC, 
EUROPOL,  EMSA,  EFSA,  EMA  etc.).  The  European  External  Action  Service  has  at  its 
disposal structures with situation awareness, intelligence or military expertise6 as well as the 
network  of  Delegations  that  may  contribute  to  the  response  to  threats  or  disasters  in  the 
territory  of  Member  States  or  to  crises  with  an  external  dimension.  Coordination  and 
information  exchange  between  the  Commission  and  EEAS  and  relevant  agencies  will  take 
place  in  the  framework  of  meetings  convened  by  the  Commission  to  prepare  the  proposed 
crisis response measures.  

Implementation  arrangements  for  the  Solidarity  Clause  do  not  replace  any  existing 
instruments  or  policies  and  the  specific  procedures  for  their  activation.  They  provide  an 
umbrella  framework  for  situations  of  extraordinary  threat  or  damage  that  overwhelm  the 
response  capacities  of  the  affected  Member  State(s).  To  improve  efficiency  and  avoid 
duplication of structures and functions, a network approach will be used. The most relevant 
EU  response  centre  for  each  crisis  will  constitute  the  hub  and  the  interface  with  Member 
States (the ‘centre of gravity’), supported by the full spectrum of specialised services.  

The  proposal  foresees  that  the  EU  should  act  only  in  exceptional  circumstances  and  at  the 
request  of  the  political  authorities  of  a  Member  State  which  sees  its  own  capacities 
overwhelmed  as  the  result  of  an  actual  or  imminent  terrorist  attack  or  of  a  natural  or  man-
made disaster. 

The Member State affected may invoke the Solidarity Clause and must address its request to 
the Commission and notify simultaneously the Presidency of the Council.  

The competent authorities of the Member State affected must immediately take contact with 
the Commission's Emergency Response Centre (ERC) which will act as the initial single 24/7 
point of contact at service level for the Union.  

Once the Solidarity  Clause  has  been invoked, the Commission and the High Representative 
acting in accordance with the arrangements set out in this Decision, must: 

6 

Such as the EU Intelligence Analysis Centre, the EU Military Staff and the Situation Room 

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• 

• 

First, identify and mobilise all Union instruments that can help respond to the 
given crisis. These include all sector-specific, operational or policy instruments 
that  fall  within  their  own  remit  In  addition,  the  Commission  and  the  High 
Representative must identify and propose the use of instruments and resources 
falling within the remit of Union Agencies. 

Then, working in close contact with the affected Member State, assess whether 
existing  instruments  are  sufficient  or  whether  additional  support  is  required, 
complemented,  where  appropriate,  with  financial  assistance  from  the  EU 
Solidarity Fund. 

•  Where  appropriate,  submit  proposals  to  the  Council  as  concerns  operational 
decisions to reinforce existing mechanisms, decisions on exceptional measures 
by  Member  States  not  foreseen  by  existing  instruments;  policy  coordination 
and information exchange; operational or support measures for fast reaction of 
Member States.  

If  military  support  is  needed,  other  than  what  is  already  foreseen  by  the  Civil  Protection 
Mechanism, a separate proposal will be submitted by the High Representative in accordance 
with the relevant Treaty provisions. 

The  Commission  and  the  European  External  Action  Service  will  produce  joint  integrated 
situation  assessment  reports.  These  reports  will  be  compiled  by  the  ERC  or  the  designated 
operational  centre,  in  cooperation  with  the  EU  Situation  Room,  drawing  on  contributions 
from the different situation awareness and crisis management centres in Member States, the 
Commission,  the  EEAS,  the  EU  Agencies  and  relevant  international  organisations.  These 
reports  will  be  shared  with  Member  States  to  inform  and  support  the  coordination  and 
decision-making at political level in the Council. 

The ERC will initially act as the single operational hub at Union level. The Commission, in 
consultation with the High Representative, may subsequently designate another centre better 
placed  to  assume  that  function  taking  into  account  the  nature  of  the  crisis.  The  designated 
operational  hub  will  act  as  the  primary  point  of  contact  for  Member  States.  It  will  take  the 
lead  in  coordinating  the  operational  response  and  in  producing  joint  situation  assessment 
reports. 

Once  the  Clause  has  been  invoked,  the  Presidency  may  decide  to  activate  the  Crisis 
Coordination Arrangements and identify the most appropriate way for rapid consultation and 
decision-making in the Council, in compliance with the obligation of Member States to assist, 
in  accordance  with  Article  222(2).  Support  to  the  operation  of  the  Crisis  Coordination 
Arrangements  shall  be  provided  by  the  General Secretariat  of  the  Council,  the  Commission 
and EEAS. 

Starting in 2015, the Commission and the High Representative will regularly produce a joint 
integrated  threat  and  risk  assessment  report  at  Union  level.  This  report  will  build  on 
assessments  of  threats,  hazards  and  risks  currently  compiled  in  various  sectors  (such  as 
terrorism, organised crime, civil protection, health, climate change and environment). It will 
be  based  in  particular  on  monitoring,  interpretation  and  sharing  of  information  provided  by 
the Member States (through existing sectoral networks or from crisis centres), EU Agencies 
and relevant international organisations. The integrated threat and risk assessment reports will 
be the basis for a regular assessment by the European Council.  

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Legal basis 

The  legal  basis  of  this  proposal  is  Article  222  of  the  Treaty  on  the  Functioning  of  the 
European Union.  

Subsidiarity principle 

The  proposal  provides  that  the  EU  should  act  only  in  exceptional  circumstances  and  at  the 
request  of  the  political  authorities  of  a  Member  State  which  sees  its  own  capacities 
overwhelmed.  

Proportionality principle 

The proposal does not go beyond what is necessary to achieve the objectives of the Clause. To 
this end, it foresees due use of all ordinary existing EU assistance instruments.  

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2012/0370 (NLE) 

Joint Proposal for a 

COUNCIL DECISION 

on the arrangements for the implementation by the Union of the Solidarity clause 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 222(3), first sentence, thereof, 

Having  regard  to  the  joint  proposal  from  the  European  Commission  and  the  High 
Representative of the Union for Foreign Affairs and Security Policy, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

This  Decision  concerns  the  implementation  by  the  Union  of  the  Solidarity  Clause. 
However, coherence and complementarity of Union action should be sought with other 
assistance to be provided by Member States pursuant to Article 222(2) of the Treaty 
and Declaration 37 annexed to the Treaty, which lays down that a Member State can 
choose  the  most  appropriate  means  to  comply  with  its  own  solidarity  obligation 
towards another Member State. 

Implementation  of  the  Solidarity  Clause  by  the  Union  shall:  rely  on  existing 
instruments  to  the  extent  possible;  increase  effectiveness  by  enhancing  coordination 
and avoiding duplication; function on the basis of no additional resources; provide a 
simple  and  clear  interface  at  Union  level  to  Member  States;  and  respect  institutional 
competences of each institution and service.  

This  Decision  relates  to  a  number  of  policy  instruments  and  in  particular:  the 
European  Union  Internal  Security  Strategy;  the  European  Union  Civil  Protection 
Mechanism; the European Union Solidarity Fund, the Decision on serious cross border 
threats  to  health  and  the  structures  developed  in  the  framework  of  the  Common 
Security and Defence Policy. 

Arrangements for coordination of Member States in the Council should rely on the EU 
Crisis  Coordination  Arrangements  (hereinafter  referred  to  as  "CCA"),  as  revised 
following a Council mandate and its subsequent conclusions7 that: "coherence should 
be ensured with the implementation of the Solidarity Clause"; "arrangements will draw 
on  the  well-known  regular  Council  procedures  instead  of  having  recourse  to  pre-
defined  ad-hoc  groups";  "recognise  the  importance  of  an  integrated  EU  situational 
awareness capability".  

(5) 

The geographic scope of the implementing arrangements needs to be clearly defined. 

7 

JHA  Council  conclusions  of  01.06.2006,  doc.  9409/06,  COREPER  conclusions  of  10.12.2010; 
COREPER conclusions of 23.11.2011 and of 30.05.2012 

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(6) 

(7) 

(8) 

(9) 

As regards the fight against terrorism8, various instruments are in place strengthening 
the  protection  of  critical  infrastructures  in  energy  and  transport9;  enhancing  the 
cooperation  between  law  enforcement  authorities,  reinforcing  the  prevention  of 
radicalisation and limiting the access of terrorists to funds as well as to explosives and 
chemical, biological, radiological and nuclear materials10.  

An  activation  mechanism  for  the  implementing  arrangements  needs  to  be  defined  at 
Union level, based on a high-level political request from concerned Member State(s) 
and supported by a single entry point at Union level. 

Response  Arrangements  at  the  Union  level  should  improve  effectiveness  through 
strengthened coordination building on existing instruments. 

The  Civil  Protection  Mechanism11  facilitates  reinforced  cooperation  between  the 
Member  States  and  the  Union  in  the  field  of  civil  protection.  The  Commission's 
proposal for a Union Civil Protection Mechanism12 foresees the establishment of the 
Emergency  Response  Centre  (hereinafter  called  "ERC")  that  will  ensure  24/7 
operational capacity and serve Member States and the Commission. 

(10)  The European External Action Service has at its disposal structures with intelligence 
or military expertise (such as the the EU Intelligence Analysis Centre, the EU Military 
Staff and the EU Situation Room), as well as the network of Delegations that may also 
contribute in the response to threats or disasters in the territory of Member States or to 
crises having an external dimension. 

(11)  The  Strategic  Analysis  and  Response  Centre  established  in  2011  in  the  Directorate 
General  for  Home  Affairs  of  the  Commission  provides  for  assessment  and 
management of risks and crises affecting the Union's internal security, including those 
related to terrorism.  

(12)  Where necessary and practicable in view of the urgency, the response arrangements at 
Union level should be complemented by the adoption of legal acts or the amendment 
of existing acts in accordance with the relevant provisions of the Treaty. 

(13)  This decision has no defence implications. In case a crisis requires Common Foreign 
and  Security  Policy  (CFSP)  action,  beyond  the  use  of  military  resources  covered  by 
existing arrangements on civil protection, a decision should be taken by the Council in 
accordance with relevant Treaty provisions. 

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9 

10 

11 

12 

Terrorism as defined in the Council Framework Decisions on Combating Terrorism of 2002 and 2008 
(OJ L 164 of 22.6.2002, p 3; OJ L 330 of 9.12.2008, p. 21). 
As identified in Council Directive 2008/114/EC of 8.12.2008 on European Critical Infrastructures (OJ L 
345, 23.12.2008). 
Commission  Communication  "The  EU  Counter-Terrorism  Policy:  main  achievements  and  future 
challenges" (COM(2010)386 final of 20.7.2010). Subsequently further actions have been taken such as 
proposing  a  Regulation  on  the  use  and  marketing  of  explosives  precursors  (COM(2010)  473  final), 
setting up the Radicalisation Awareness Network (RAN) and enhancing efforts in the field of CBRN, 
explosives security and detection. 
Council  Decision  2007/779/EC,  Euratom  establishing  a  Community  Civil  Protection  Mechanism 
(recast)  and  Council  Decision  establishing  a  Civil  Protection  Financial  Instrument  (2007/162/EC, 
Euratom). 
COM(2011)934 final 

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(14)  The  Commission's  communication  on  the  EU  Internal  Security  Strategy  in  Action: 
Five  steps  towards  a  more  secure  Europe13  set  the  objective  to  increase  Europe's 
resilience to crises and disasters through a number of actions including making full use 
of  the  Solidarity  Clause  and  developing  an  an  all-hazard  approach  to  threat  and  risk 
assessment. In line with it, a cross-sectoral overview of natural and man made disaster 
risks should also be prepared and regularly updated. 

(15)  An integrated threat and risk assessment process should be set up at the Union level 
which  should  allow  the  European  Council  to  assess  the  threats  facing  the  Union  in 
order to enable the Union and its Member States to take effective action. 

(16)  On 22 November 2012, the European Parliament has adopted a resolution 2012/2223, 
entitled  "EU's  mutual  defence  and  solidarity  clauses:  political  and  operational 
dimensions’. 

(17)  The  arrangements  provided  herein  are  without  prejudice  to  further  development  of 
dedicated arrangements for handling of crisis situations occuring outside the territory 
of Member States. 

(18) 

 This Decision respects the fundamental rights and observes the principles recognised 
by the Charter of Fundamental Rights of the European Union and has to be applied in 
accordance with these rights and principles. 

(19)  Since  the  objectives  of  this  Decision,  namely  implementation  by  the  Union  of  the 
Solidarity  Clause,  cannot  be  sufficiently  achieved  by  the  Member  States  and  can 
therefore  be  better  achieved  at  Union  level,  the  Union  may  adopt  measures,  in 
accordance  with  the  principle  of  subsidiarity as  set  out  in  Article  5  of  the  Treaty  on 
European Union. In accordance with the principle of proportionality, as set out in that 
Article, this Decision does not go beyond what is necessary in order to achieve those 
objectives. 

HAS ADOPTED THIS DECISION:  

Article 1 

General objective and subject matter 

1. 

2. 

This  Decision  lays  down  rules  and  procedures  for  implementing  the  provisions  of 
Article 222(3), first sentence of the Treaty on the Functioning of the European Union 
(hereinafter "the Solidarity Clause").  

Arrangements  at  Union  level  shall  build  upon  and  complement  mechanisms  in  the 
Commission and Union Agencies to provide information and support. For crises that 
have an external dimension or that require intelligence, military resources or CFSP 
action,  the  High  Representative  and  the  EEAS  shall  contribute  by  taking  adequate 
initiatives  and  providing  relevant  information  and  support  within  the  High 
Representative's area of competence. 

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COM(2010)673 final. 

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3. 

4. 

These  arrangements  shall  improve  efficiency  through  enhanced  coordination 
between Union and Member States response. 

Coordination  at  political  level  in  the  Council  shall  be  based  on  the  Crisis 
Coordination  Arrangements  and  shall  also  ensure  coherence  and  complementarity 
with Union action.  

Article 2 

Scope 

This  Decision  shall  apply  in  case  of  terrorist  attacks  or  natural  or  man-made  disasters, 
irrespective of whether they originate inside or outside the territory of the Member States: 

(a)  Within  the  territory  of  Member  States  to  which  the  Treaty  applies,  including 

land area, territorial sea and airspace.  

(b)  When  affecting  ships  (when  in  international  waters)  or  airplanes  (when  in 
international  airspace)  or  critical  infrastructure  (such  as  off-shore  oil  and  gas 
installations) when under the jurisdiction of a Member State. 

Article 3 

Definitions 

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

(a)  Crisis:  a  serious,  unexpected  and  often  dangerous  situation,  requiring  timely 
action;  a  situation  that  may  affect  or  threaten  lives,  environment,  critical 
infrastructure  or  core  societal  functions,  may  be  caused  by  a  natural  or  man-
made disaster or terrorist attacks; 

(b)  Disaster:  any  situation,  which  has  or  may  have  an  adverse  impact  on  people, 

the environment or property; 

(c)  Terrorist  attack:  a  terrorist  offence  as  defined  in  the  Council  Framework 
Decision  of  13  June  2002  on  Combating  Terrorism,  2002/475/JHA,  as 
framework  decision  of  28  November  2008, 
amended  by  Council 
2008/919/JHA. 

(d)  Preparedness: 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)  Response: any action taken during or after a disaster or an actual or imminent 

terrorist attack to address its immediate adverse consequences. 

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Article 4 

Activation 

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1. 

2. 

3. 

A  Member  State  being  the  object  of  an  actual  or  imminent  terrorist  attack  or  the 
victim  of a natural or  man-made  disaster may invoke the Solidarity Clause if,  after 
having exploited the possibilities offered by existing means and tools, at national or 
Union level, it considers that the situation overwhelms its response capacity.  

The Member State affected shall address its request to the President of the European 
Commission,  through  the  Emergency  Response  Centre,  and  notify  simultaneously 
the Presidency of the Council.  

The Emergency Response Centre shall act as the initial single 24/7 point of contact 
for the competent authorities of the Member State affected. 

Article 5 

Response arrangements at Union level 

1. 

Once  the  Solidarity  Clause  has  been  invoked,  the  Commission,  and  the  High 
Representative in accordance with article 1.2, shall: 

(a) 

identify  and  use  all  relevant  Union  instruments  that  can  best  contribute  to  a 
response to the crisis, including sector-specific, operational, policy or financial 
decisions  (e.g.  the  Civil  Protection  Mechanism,  the  Strategic  Analysis  and 
Response Centre, the Health Emergencies Operations Facility, the intelligence 
resources of INTCEN) that fall in the remit of the Commission and of the High 
Representative,  as  well  as  military  resources  mobilised  through  EUMS;  in 
addition,  identify  and  propose  the  use  of  instruments  and  resources  falling 
within the remit of Union Agencies; 

(b) 

 assess whether existing instruments are sufficient;  

(c) 

(d) 

 produce regular integrated situation assessment and analysis reports to inform 
and  support  the  coordination  and  decision-making  at  political  level  in  the 
Council; 

 where  appropriate,  submit  proposals  to  Council,  in  particular  as  concerns: 
operational  decisions  on  reinforcement  of  existing  mechanisms,  decisions  on 
exceptional  measures  from  Member  States  not  foreseen  by  existing 
instruments;  policy  coordination  and  information  exchange  with  the  aim  to 
create necessary regulatory conditions; operational or support measures for fast 
reaction of Member States. 

The  Commission  shall  convene  meetings  to  prepare  the  proposed  crisis  response 
measures. The Commission shall invite the EEAS and the relevant EU Agencies. 

2. 

The  Emergency  Response  Centre  (ERC)  shall  initially  act  as  the  single  operational 
hub  with  Member  States  at  Union  level.  The  Commission,  in  consultation  with  the 
High  Representative,  may  subsequently  designate  another  centre  better  placed  to 
assume  that  function  taking  into  account  the  nature  of  the  crisis.  The  designated 
operational hub shall act as the primary entry point for Member States. It shall lead 
operational response coordination and produce situation assessment reports. 

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Article 6 

Arrangements for coordination in the Council 

Upon activation of the Clause, the Presidency of the Council may take the decision to activate 
the Crisis Coordination Arrangements and identify the most appropriate way to prepare rapid 
consultations and decisions in the Council, in respect of the obligation to assist. Support to the 
operation  of  the  Crisis  Coordination  Arrangements  shall  be  provided  by  the  General 
Secretariat of the Council, the Commission and EEAS.  

Article 7 

Situation assessment reports 

Situation  assessment  reports  will  be  compiled  by  the  ERC  or  the  designated  operational 
centre,  in  collaboration  with  the  EU  Situation  Room.  The  preparation  of  such  reports  will 
draw on contributions from the different situation awareness and crisis management centres, 
in Member States, in the Commission, the EEAS and the relevant EU agencies, as well as in 
relevant International Organisations.  

Article 8 

Integrated threat and risk assessment at Union level 

1. 

2. 

The  Commission  and  the  High  Representative  will  regularly  produce,  starting  in 
2015, a joint integrated threat and risk assessment report at Union level. 

This  report  shall  build  on  assessments  of  threats,  hazards  and  risks  currently 
compiled in various sectors (e.g. terrorism, organised crime, civil protection, health, 
environment,  climate  change,  etc.)  based  notably  on  monitoring,  interpretation  and 
sharing  of  information  provided  by  the  Member  States  (through  existing  sectorial 
networks or from crisis centres) and Union Agencies as well as relevant international 
organisations. 

3. 

The  integrated  threat  and  risk  assessment  reports  will  be  the  basis  for  a  regular 
assessment by the European Council.  

Article 9 

Preparedness 

The  Member  States,  the  Commission  and  the  High  Representative  may  assess  the  means 
available throughout the Union and the Member States to meet the major threats, identifying 
possible gaps and the most efficient and cost effective ways to address those gaps and build 
the means of effective solidarity.  

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Article 10 

Entry into force 

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This Decision shall enter into force on the twentieth day following that of its publication in 
the Official Journal of the European Union. 

Done at Brussels,  

For the Council 
The President 

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