2001/792/EC,Euratom: Council Decision of 23 October 2001 establishing a Community mechanism to facilitate reinforced cooperation in civil protection assistance interventions

Council Decision
of 23 October 2001
establishing a Community mechanism to facilitate reinforced cooperation in civil protection assistance interventions
(2001/792/EC, Euratom)
THE COUNCIL OF THE EUROPEAN UNION
,
Having regard to the Treaty establishing the European Community, and in particular Article 308 thereof, and to the Treaty establishing the European Atomic Energy Community, and in particular Article 203 thereof,
Having regard to the proposal from the Commission(1),
Having regard to the opinion of the European Parliament(2),
Having regard to the opinion of the Economic and Social Committee(3),
Having regard to the opinion of the Committee of the Regions(4),
Whereas:
(1) While action by the Community to implement the resolution of the 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(5) has helped protect people, the environment and property, the need is now to ensure even better protection in the event of natural, technological, radiological and environmental emergencies, including accidental marine pollution, occurring both inside and outside the European Union, and to strengthen the provisions of the resolution.
(2) The United Nations Economic Commission for Europe (UN/ECE) Convention on the Transboundary Effects of Industrial Accidents, which contains provisions on matters such as prevention, emergency preparedness, public information and participation, industrial accident notification systems, response and mutual assistance, entered into force on 19 April 2000. The Convention was approved by the Community by Council Decision 98/685/EC(6).
(3) A mechanism to facilitate reinforced cooperation in civil protection assistance interventions could supplement the current Community action programme in the field of civil protection(7) by making support available in the event of major emergencies which may require urgent response action. It would facilitate the mobilisation of intervention teams, experts and other resources, as required, through a reinforced Community civil protection structure consisting of a monitoring and information centre and a common emergency communication and information system. It would also provide an opportunity for collecting validated emergency information, for disseminating that information to the Member States and for sharing lessons learnt from interventions.
(4) Such a mechanism would take due account of the relevant Community legislation and international commitments. This Decision should therefore not affect the reciprocal rights and obligations of the Member States under bilateral or multilateral treaties, which relate to the matters covered by this Decision.
(5) Prevention is of significant importance for the protection against natural, technological and environmental disasters and would require further action to be considered.
(6) In the event of a major emergency within the Community, or imminent threat thereof, which causes, or is capable of causing, transboundary effects or which may result in a call for assistance from one or more Member States, there is a need for relevant notification to be made as appropriate through an established reliable common emergency communication and information system.
(7) Preparatory measures need to be taken at Member State and Community level to enable assistance intervention teams in emergencies to be mobilised rapidly and coordinated with the requisite flexibility and to ensure, through a training programme, the effective response capability and complementarity of assessment and/or coordination teams, intervention teams and other resources, as appropriate. Other preparatory measures would include pooling of information related to necessary medical resources and stimulation of the use of new technologies.
(8) In accordance with the principle of subsidiarity, a Community mechanism would provide added value in supporting and supplementing national policies in the field of mutual civil protection assistance. If the preparedness of the requesting Member State is not sufficient for an adequate response to a major emergency in terms of available resources, that State would be able to supplement its preparedness by making an appeal to such a Community mechanism.
(9) A mechanism should make it possible to mobilise, and facilitate coordination of, assistance interventions in order to help ensure better protection primarily of people but also of the environment and property, including cultural heritage, thereby reducing loss of human life, injury, material damage, economic and environmental damage, and making achievement of the objectives of social cohesion and solidarity more tangible.
(10) The isolated and outermost regions and some other areas of the Community often have special characteristics and needs owing to their geography, terrain and social and economic circumstances. These have an adverse effect, hamper 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 danger of major emergency. Such a Community mechanism would also allow better response to be made to these situations and needs.
(11) With respect to civil protection assistance intervention outside the Community, a mechanism could be made use of as a tool for facilitating and supporting actions undertaken, within their respective competences, by the Community and the Member States.
(12) Such a Community mechanism could, under conditions to be determined, also be a tool for facilitating and supporting crisis management referred to in Title V of the Treaty on European Union.
(13) Assistance interventions would either be conducted autonomously or as a contribution to an operation led by an international organisation, for which case the Community should develop its relations with the relevant global and regional international organisations.
(14) Participation in such a mechanism would be open to the candidate countries.
(15) There is a need to improve transparency and to consolidate and strengthen the various existing civil protection actions in continued pursuit of the objectives of the Treaty.
(16) 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 the exercise of implementing powers conferred on the Commission(8).
(17) The use of the same Committee for the present mechanism as for the existing Community action programme in the field of civil protection should ensure consistency and complementarity for the implementation of the mechanism.
(18) The Treaty establishing the European Community and the Treaty establishing the European Atomic Energy Community do not provide powers for adopting this Decision other than those of Articles 308 and 203, respectively,