CELEX: 51996PC0219
Language: en
Date: 1996-05-08
Title: Amended proposal for a COUNCIL DECISION establishing a Community action programme in the field of civil protection

I    A. * ^        COMMISSION OF THE EUROPEAN COMMUNITYC O
|  *"     "*
I in        w
!  *        *
                                                   Brussels,08.05 1996
                                                   COM(%)2l9 final
                                                   95/ 0098 (CNS)
                                Amended proposal for a
                                COUNCIL DECISION
                                      establishing
              a Community action programme in the field of civil protection
              (presented by the Commission pursuant to Article 189 a (2)
                                  of the EC-Treaty)
 ---pagebreak---  ---pagebreak---                            EXPLANATORY MEMORANDUM
Pursuant to Article 189 (a) paragraph 2 of the EC Treaty, the Commission submits an
amended proposal for a Council Decision establishing a Community action programme
in the field of civil protection. The amended proposal takes account of a number' of
amendments from the European Parliament, adopted at its April 1996 Plenary Session.
Several amendments aim at clarifying the nature and the objectives of the proposed action
programme. Most of them are incorporated in the amended proposal (recitals 2a; 4; 6; 8;
art. 3, 2(b); annex: points A.l and 2; annex: point B), namely amendments 2 (second
part), 3, 4 (second part), 6, 7, 11, 20 (second and third parts), 21 (first part) and 23 (first
part).
Because the original Commission's proposal takes into account the progressive setting up
of the Community cooperation in the field of civil protection, the amendments 2 (first
part) and 4 (first pari) arc not accepted.
Amendment 1, referring to the Fifth Action programme, in fact duplicates with recital 3
of the original proposal and is therefore not accepted.
Some other amendments enlarge the scope of the programme by bringing positive
additional elements to the objectives as well as the criteria for actions to be developed.
These amendments - namely amendments 8, 9, 10 (with the exception of the reference
to cessation or closure of the activity or installation which are not part of the
programme), 12, 13, 15 (first part), 22 (second part), 23 (fourth and fifth parts) - are
integrated in the amended proposal (art. 1; art. 3, 2(a), (c) and (d); art. 3, 4; Annex: point
A.3 and point B). However, amendment 8 (third part) which adds the coordination of
regional and subregional potential when combating major disaster cannot be accepted.
Indeed, the Community action programme does not aim at coordinating but at supporting
efforts which are developed within the Member States. In the same spirit, amendment 22
(first part) cannot be accepted because the objective of the Community simulation
exercises is not to evaluate but to back up progress in national civil protection systems.
Several amendments aim at introducing a reference to the specificity of the Union's
isolated and ultraperipheral regions and to the role to be played by organizations or
bodies specializing in the civil protection domain. These amendments (amendments 5, 14
(part 1 and 2), 15 (part 2), 21 (part 4) and 23 (part 2) - are partly incorporated in the
amended proposal (recitals 4a and 5; art. 3, 3; Annex: point A.2 and point B) because
they bring a new and important dimension to the action programme. However,
 amendment 14 part 3 cannot be accepted: this amendment requests the Commission to
 investigate the possibility of presenting a scheme of specific measures for these regions
 in conjunction with third countries. Such specific measures are not envisaged in the frame
 of the proposed action programme, except when this is requested in the context of the
 opening of Community programmes on the basis of Europe Agreements or relevant
 Additional Protocols thereto.
 As far as amendment 25 is concerned, the possibility for a Non Governmental
 Organization (NGO) to request the Commission's support for the mechanisms set up by
 a NGO in case of a disaster inside or outside of the Union cannot be accepted because
 such organizations have not been notified as competent authorities (Resolution of the
 ---pagebreak--- Council and of the representatives of the governments of the Member States, meeting
within the Council of 8 July 1991 on improving mutual aid between Member States in
the event of natural or technological disaster - OJ n° C 198 of 27.7.1991, p 1-3).
Amendments referring to comitology and changing in this respect the original proposal
of the Commission (amendments 16, 17, 18, 27 and 28) are not acceptable because they
are not in accordance with the Council Decision of 13 July 1987 laying down the
procedures for the exercise of implementing powers conferred on the Commission (OJ -
 L 197 of 18.7.1987, p. 33-35) or because they intend to limit these powers.
As far as the evaluation of the implementation of the action programme is concerned,
amendment 19 (second part) and amendment 31 (first part) can be accepted (art. 5)
because it is considered that the transmission of this evaluation also to the European
Parliament improves the process. The fact that this evaluation will be transmitted for
information to the Committee mentioned in article 4 is considered as sufficient as far as
transparency is concerned. Article 31 (part 2) is therefore not accepted. As far as the
rhythm of evaluation is concerned (amendment 19 - part 1), the original proposal
foreseeing a rhythm of three years is maintained.
Finally, some amendments concern financial aspects of the action programme.
Amendment 21 (part 5) is not accepted nor 23 (part 3) because they request 100%
funding while it is considered that a shared cost approach contributes to increase the co-
responsibility of partners. Amendment 24 (part 2) can be accepted (Annex: point C).
 ---pagebreak---                                   Amended proposal for a
                                   COUNCIL DECISION
      establishing a Community action programme in the field of civil protection
  (presented by the Commission pursuant to Article 189 a paragraph 2 of the EC Treaty)
           Commission proposal                                   Amended proposal
                                       Recital 2 a (new)
                                                     Whereas a better consideration for the
                                                     environmental aspects can contribute to
                                                     prevent many disasters, in particular
                                                     natural disasters such as floods:
                                            Recital 4
Whereas the establishment of a                       Whereas the establishment of a
Community action programme will help to              Community action programme will help to
develop cooperation in the field even more           develop cooperation in this field even more
effectively; whereas such a programme                effectively and further develop the
should be based to a large extent on                 resolutions adopted since 1987: whereas
experience already gained in this field;             such a programme should be based to a
                                                     large extent on and should further develop
                                                     experience already gained in this field;
                                        Recital 4 a (new)
                                                     Whereas the geography, landscape and
                                                     social and economic characteristics of the
                                                     Union's isolated and ultraperipheral regions
                                                     affect and impede the bringing in of aid
                                                     and means in cases of major risk:
                                            Recital 5
Whereas action to prepare those                       Whereas action to prepare those
responsible for and involved in civil                 responsible for and involved in civil
protection and other environmental                    protection and other environmental
emergencies in the Member States is                   emergencies in the Member States is
 important, in order to increase their degree         important, in order to increase their degree
 of preparedness;                                     of preparedness; whereas organizations or
                                                      bodies other than public authorities play
                                                      often a major role in civil protection and
                                                      should therefore be given the possibility to
                                                      take part in the programme:
 ---pagebreak---                                           Recital 6
Whereas it is also important to undertake          Whereas it is also important to undertake
action targeted at the general public so as        practical action targeted at the general
to help European citi/ens to protect                public so as to help European citizens to
themselves more effectively;                        protect themselves more effectively and
                                                   with greater solidarity in the event of any
                                                   disaster or emergency and increase their
                                                   shared      responsibility    as    regards
                                                   environmental protection and awareness of
                                                    health hazards which could arise from
                                                   specific disasters, such as the accidental
                                                   release of toxic materials: whereas such
                                                   action should support corresponding
                                                   activities in the Member States:
                                          Recital 8
Whereas in accordance with the principle           Whereas, in accordance with the principle
of subsidiarity, Community cooperation             of subsidiarity, Community cooperation
supplements national policies in the field         supplements national policies in the field
of civil protection and environmental              of civil protection and environmental
emergencies in order to make them more             emergencies in order to make them more
effective; whereas pooling of experience           effective; whereas pooling of experience
and mutual assistance will help to reduce          and mutual assistance will help to reduce
the loss of human life and economic and            the loss of human life and economic and
environmental damage throughout the                environmental damage throughout the
Community;                                         Community, thus making more tangible the
                                                   goals of social cohesion, solidarity and
                                                   European citizenship:
                                         Article
A Community action programme in the                A Community action programme in the
field of civil protection, including               field of civil protection, including
environmental emergencies, is hereby               environmental emergencies, is hereby
established. The action making up the              established. The action making up the
programme and the arrangements for                 programme and the arrangements for
granting Community financial support are           granting Community financial support are
set out in the Annex.                              set out in the Annex.
                                                  This action seeks, inter alia, to enhance
                                                  exchanges of experiences at all levels.
 ---pagebreak---                                            Article 3, 2 a) b) c)
   This individual action shall be selected               2. This individual action shall be selected
   primarily on the basis of the following                    primarily on the basis of the following
   criteria:                                                  criteria:
   (a) contribution to increasing the                         (a) contribution to the prevention of
        degree of preparedness of those                            natural and technological disasters:
        involved in civil protection in the                        inter alia by introducing the risks
        Member States, in order to increase                        of disaster in the environmental
        their ability to respond to an                             impact assessment and taking any
        emergency;                                                 preventive measures required and
   (b) c o n t r i b u t i o n     to  improving                   by studying the causes of disasters
        techniques             and    methods   of                 and publishing the results of these
        response: pilot projects;                                  studies:
   (ç) contribution to public information,                    (b) contribution to increasing the
        education and awareness, so as to                          degree of preparedness of those
        help citizens to protect themselves                        primarily responsible for and most
        more effectively.                                          directly involved in civil protection
                                                                   in the Member States at all levels,
                                                                   in order to increase their ability to
                                                                   respond to an emergency;
                                                              (c) contribution to improving means
                                                                   and methods of forecasting and
                                                                   techniques and procedures of
                                                                   response        by     means       of
                                                                   demonstration and pilot projects;
                                                              (d) contribution to public information,
                                                                   education and awareness, so as to
                                                                   help citizens to protect themselves
                                                                   more effectively and show a greater
                                                                   sense of shared responsibility.
                                                Article 3, 3
3. Each individual action shall be                            Each individual action shall be
    implemented in close cooperation with                      implemented in close cooperation with
   the national, regional or local                            the national, regional or local
   authorities concerned.                                     authorities concerned and particularly
                                                              with the Union's           isolated    and
                                                              ultraperipheral regions.
                                                Article 3, 4
4. Each action shall take account of the                   4. Each action shall take account of the
    results of the Community and national                      results of the Community and national
    research in the relevant fields.                          research in the relevant fields and of
                                                               those techniques which best safeguard
                                                              the environment.
 ---pagebreak---                                        Article 5
Every three years the Commission shall          Every three years the Commission shall
evaluate implementation of the action           evaluate implementation of the action
programme and shall inform the committee        programme and shall inform the European
referred to in Article 4 accordingly.           Parliament and the committee referred to
                                                in Article 4 accordingly.
 ---pagebreak---                                                                  Annex: point A (1)
A. Action contributing to increasing the                                        A. Action contributing to increasing the
     degree of preparedness of those involved                                        degree of preparedness of those involved
     in civil protection                                                             in civil protection
1.   Training                                                                    1.  Training
Organization of (mainly self-tuition) workshops  Maximum Community              Organization of (mainly self-tuition) workshops    Maximum Community
bringing together high-level experts from the    financial contribution:        bringing together high-level experts, technical    financial contribution:
Member States permitting, within each            75% of the total cost          specialists and technicians from the Member        75% of the total cost
discipline, the mutual sharing of experience by  of the action, with a          States permitting, within each discipline, the     of the action, with a
means of in-depth discussions of their methods,  ceiling of 62.500 ECU          mutual sharing of experience by means of           ceiling of 62.500 ECU
techniques and means with a view to:             per action.                    discussions in specific terms of their methods,    per action.
                                                                                techniques and means with a view to:
     increasing their degree of preparedness;
     creating    the conditions        for   the                                     increasing their degree of preparedness;
     establishment of a human network                                                creating the conditions for the establishment
     permitting more effective operational                                           of a human network permitting more
     cooperation between Member States in                                            effective operational cooperation between
     case of emergency.                                                              Member States in case of emergency.
 ---pagebreak---                                                                    Annex: point A (2)
2.   Exchange of experts                                                          2.   Exchange of experts and technicians
Organization of exchanges of Member State          100% of the experts'           Organization of exchanges of Member State          100% of the experts'
experts enabling them to follow short training     travel and subsistence         experts, technicial specialists and technicians    travel and subsistence
courses in another Member State run by a           expenses and the costs         enabling them to follow short training courses in  expenses and the costs
training body or another civil protection          of coordinating the            another Member State run by a training body or     of coordinating the
department.                                        system for an initial          another civil protection department, with          system for an initial
                                                   period of two years            particular attention to the services responsible   period of two years
Organization of the secondment to another (1995-1996).                            for dealing with disasters in the isolated and     (1995-1996),.
Member State of one or more trainers who are T h e r e a f t e r ,    the         ultraperipheral regions.                           Thereafter,        the
particularly qualified to present certain training financing of experts'                                                             financing of experts'
courses or modules.                                travel and subsistence          Organization of the secondment to another travel and subsistence
                                                   expenses will be                Member State of one or more trainers who are expenses will be
                                                   limited to 75%.                particularly qualified to present certain training limited to 75%.
                                                                                   courses or modules.
 ---pagebreak---                                                                       10
                                                             Annex: point A (3)
3.   Community simulation exercises                                         3.   Community simulation exercises
These exercises are intended to compare     Maximum Community               These exercises are intended to compare      Maximum Community
methods and to back up progress in national financial contribution:         methods and to back up progress in national  financial contribution:
civil protection systems.                   5 0 % of             the        civil protection systems with a view to      5 0          f     the
                                            participation costs of          improving, inter alia, the effectiveness and participation costs of
                                            observers from the              speed of response in case of disasters.      observers from the
                                            other Member States                                                          other Member States
                                            invited       by      the                                                    invited      by the
                                            organizing State, the                                                        organizing State, the
                                            cost of organizing the                                                       cost of organizing the
                                            associated workshops,                                                        associated workshops,
                                            preparing the exercise,                                                      preparing the exercise,
                                            the final report, etc.                                                       the final report, etc.
 ---pagebreak---                                                                Annex: point B
B.   Projects contributing to improving                                     B.   Projects contributing to improving
     techniques and methods of response:                                         techniques and methods of response.
Pilot projects                                                              Pilot projects
Projects designed to increase the Member      Maximum Community             Projects designed to increase the capacity for       Maximum Community
States' response capacity. These projects are financial contribution:       and speed of response of the officials most          financial contribution:
aimed mainly at improving means, techniques   50% of the total cost         directly involved in the initial stages of crises in 50% of the total cost
and procedures. Their scope should be such as of each project.              the different regions of Member States. These        of each project.
to interest all or several Member States.                                   projects are aimed mainly at improving means,        The greatest possible
                                                                            techniques and procedures also in the isolated       encouragement should
                                                                            and ultraperipheral regions.. Their scope should     be     given         to
                                                                            be such as to interest all or several Member         multinational projects.
                                                                            States by giving them the maximum follow-up
                                                                            publicity and demonstration throughout the
                                                                            Union for their implementation.
                                                                      11
 ---pagebreak---                                                                        Annex: point C
 C. Action contributing to improving public                                          C. Action contributing to improving public
       information, education and awareness,                                              information, education and awareness, so
       so as to help citizens to protect                                                  as to help citizens to protect themselves
       themselves more effectively10                                                      more effectively10
 Action encouraging exchanges of experience           Maximum Community              Action encouraging exchanges of experience           Maximum Community
 between Member States, regions and local             financial contribution:        between Member States, regions and local             financial contribution:
 authorities in the field of initiatives to improve   50% of the total cost of       authorities in the field of initiatives to improve   50% of the total cost
 public information, education and awareness, so      the action.                    public information, education and awareness, so      of the action.
 as to help citizens to protect themselves more                                      as to help citizens to protect themselves more
 effectively. The idea is to build on the work                                       effectively. The idea is to build on the work
 done by the Member States and to enable the                                         done by the Member States and to enable the
 authorities and other organizations concerned to                                    authorities and other organizations concerned to
 benefit from similar experience in other                                            benefit from similar experience in other Member
 Member States. The target group is the general                                      States. The target group is the general public,
 public, focusing in particular on schoolchildren                                    focusing in particular on schoolchildren and
 and young people receiving initial vocational                                       young people receiving initial vocational
 training.                                                                           training.
 Distribution    of  information     and   travelling  100%) financing               Distribution    of  information     and   travelling Up to 100%) financing
 exhibitions.                                                                        exhibitions.
10 The Community action in the field of public health is excluded from this programme (cf. in particular the Commission communication and proposal
     for a European Parliament and Council Decision adopting a programme of Community action on health promotion, information, education and training
     within the framework of the action in the field of public health, OJ n° C 252, 9.9.1994, p. 3) (*)
     (*) This proposal has been adopted on 29 March 1996 fOJ n° L 95. 16.4.1996. p. 1)
                                                                               12
 ---pagebreak---                                                                     ISSN 0254-1475
                                                             COM(96) 219 final
                                              DOCUMENTS
EN                                                                        14 05
                                     Catalogue number : CB-CO-96-230-EN-C
                                                              ISBN 92-78-04198-X
Office for Official Publications of the European Communities
L-2985 Luxembourg
                                              J*