natgillin/translations-raw huggingface dataset:
- The Rapid Response and Preparedness Instrument for major emergencies (COM (2005)113 final), which aims at enhancing the EU’s response capabilities in the context of the civil protection mechanism and maximize assistance in terms of preparedness and rapid response to major emergencies.
- The Rapid Response and Preparedness Instrument for major emergencies (COM (2005)113 final), which aims at enhancing the EU’s response capabilities in the context of the civil protection mechanism and maximize assistance in terms of preparedness and rapid response to major emergencies.
The main policy objective is to support and complement the efforts of the Member States for the protection of people, the environment and property in the event of a major emergency.
The main policy objective is to support and complement the efforts of the Member States for the protection of people, the environment and property in the event of a major emergency.
It lays down rules for the provision of financial assistance for actions designed to enhance the Community’s state of preparedness for major emergencies, and it also makes special provision for financial assistance in the event of a major emergency, in order to facilitate a rapid and effective response thereto.
It lays down rules for the provision of financial assistance for actions designed to enhance the Community’s state of preparedness for major emergencies, and it also makes special provision for financial assistance in the event of a major emergency, in order to facilitate a rapid and effective response thereto.
Committee’s recommendations
Committee’s recommendations
The Commission has proposed to base the Regulation on Articles 308 TEC and 203 Euratom-Treaty, arguing that the Treaties do not provide a specific legal basis for civil protection measures.
The Commission has proposed to base the Regulation on Articles 308 TEC and 203 Euratom-Treaty, arguing that the Treaties do not provide a specific legal basis for civil protection measures.
The committee suggests Article 175(1) TEC as the correct legal basis in the light of the proposal’s aim and content and taken into consideration that the Regulation’s preponderant purpose appears to be the protection of people’s health and the environment as expressed in Article 1 (subject matter) of the proposed Regulation.
The committee suggests Article 175(1) TEC as the correct legal basis in the light of the proposal’s aim and content and taken into consideration that the Regulation’s preponderant purpose appears to be the protection of people’s health and the environment as expressed in Article 1 (subject matter) of the proposed Regulation.
Besides, all the actions eligible for financing under the proposal (Article 4) serve the ultimate purpose to protect human health and the environment.
Besides, all the actions eligible for financing under the proposal (Article 4) serve the ultimate purpose to protect human health and the environment.
The Commission proposal does not address prevention .
The Commission proposal does not address prevention .
The committee suggests to include this issue in the scope of the Instrument, since an integrated emergency management comprises preventive measures, preparedness and response.
The committee suggests to include this issue in the scope of the Instrument, since an integrated emergency management comprises preventive measures, preparedness and response.
Prevention is a major element of disaster risk reduction and cannot be separated from preparedness and immediate response, as it is decisive for setting the right direction of for e.g. long-term flood risk management measures.
Prevention is a major element of disaster risk reduction and cannot be separated from preparedness and immediate response, as it is decisive for setting the right direction of for e.g. long-term flood risk management measures.
Action outside the EU
Action outside the EU
The Commission proposal provides for financing the civil protection actions within the EU as well as in the participating States bound by Memoranda of Understanding and does not cover the possibility of response to disasters occurring outside the EU, even though the Council Decision establishing the Community Civil Protection Mechanism allows for that.
The Commission proposal provides for financing the civil protection actions within the EU as well as in the participating States bound by Memoranda of Understanding and does not cover the possibility of response to disasters occurring outside the EU, even though the Council Decision establishing the Community Civil Protection Mechanism allows for that.
The committee suggests expanding the scope outside the EU.
The committee suggests expanding the scope outside the EU.
External civil protection actions are currently part of the scope of the proposal on a Stability Instrument (COM(2004)630).
External civil protection actions are currently part of the scope of the proposal on a Stability Instrument (COM(2004)630).
However, as the Council has decided to change the legal basis of this Instrument, civil protection actions outside the EU would not be covered anymore; it is therefore appropriate to include them, according to the principle of solidarity, in the present Regulation.
However, as the Council has decided to change the legal basis of this Instrument, civil protection actions outside the EU would not be covered anymore; it is therefore appropriate to include them, according to the principle of solidarity, in the present Regulation.
Marine pollution
Marine pollution
Marine pollution emergencies should be included in the scope of civil protection in the new legal Instrument on Rapid Response and Preparedness since apart of the Civil Protection Mechanism there are no other specific instruments to address the consequence management of maritime disasters.
Marine pollution emergencies should be included in the scope of civil protection in the new legal Instrument on Rapid Response and Preparedness since apart of the Civil Protection Mechanism there are no other specific instruments to address the consequence management of maritime disasters.
Accidental marine pollution is explicitly included in civil protection along with natural, technological, radiological or environmental disasters in Article 1 of the Community Mechanism Decision (2001/792/EC).
Accidental marine pollution is explicitly included in civil protection along with natural, technological, radiological or environmental disasters in Article 1 of the Community Mechanism Decision (2001/792/EC).
Recent maritime accidents have shown that an individual coastal state cannot cope with a large scale oil spill without assistance from other states.
Recent maritime accidents have shown that an individual coastal state cannot cope with a large scale oil spill without assistance from other states.
It is the committee’s opinion that value and clarity could be added through a clear and agreed EU definition of “civil protection” and associated terminology.
It is the committee’s opinion that value and clarity could be added through a clear and agreed EU definition of “civil protection” and associated terminology.
It thinks that further clarification of terms such as “prevention”, “preparedness” and “early warning” may be useful.
It thinks that further clarification of terms such as “prevention”, “preparedness” and “early warning” may be useful.
Subsidiarity principle
Subsidiarity principle
The committee agrees with the Commission that the EU’s civil protection doctrine has to be founded on a “bottom up” approach and that primary responsibility for civil protection activity should be with Member States.
The committee agrees with the Commission that the EU’s civil protection doctrine has to be founded on a “bottom up” approach and that primary responsibility for civil protection activity should be with Member States.
It would like to highlight that Community action in this field complements the policies of the national, regional and local authorities and that regions and municipalities are the first concerned in case of disaster and therefore should be fully involved in the conception, implementation and monitoring of civil protection policies.
It would like to highlight that Community action in this field complements the policies of the national, regional and local authorities and that regions and municipalities are the first concerned in case of disaster and therefore should be fully involved in the conception, implementation and monitoring of civil protection policies.
Legal type of Instrument
Legal type of Instrument
The committee agrees with the Commission proposal to use a Regulation.
The committee agrees with the Commission proposal to use a Regulation.
Other types of legal Instrument would not be adequate since the nature and content of some of the obligations provided for in the proposal can only be achieved through a directly applicable legal instrument.
Other types of legal Instrument would not be adequate since the nature and content of some of the obligations provided for in the proposal can only be achieved through a directly applicable legal instrument.
As far as the budget is concerned, the Instrument does not contain any concrete amounts but only estimated indicative amounts in the Commission’s financial statement, based on the experience of the current civil protection instruments.
As far as the budget is concerned, the Instrument does not contain any concrete amounts but only estimated indicative amounts in the Commission’s financial statement, based on the experience of the current civil protection instruments.
Past interventions showed the necessity to strengthen the system and increase or introduce certain new expenditures.
Past interventions showed the necessity to strengthen the system and increase or introduce certain new expenditures.
Also the committee’s amendment to include in the scope the financing of actions outside the Community, underlines the need for the budget to be increased; therefore, an additional amount of € 105 mio. for the 7 year period seems appropriate.
Also the committee’s amendment to include in the scope the financing of actions outside the Community, underlines the need for the budget to be increased; therefore, an additional amount of € 105 mio. for the 7 year period seems appropriate.
STANOVISKO VÝBORU PRO PRÁVNÍ ZÁLEŽITOSTI k PRÁVNÍMu ZÁKLADu
OPINION OF THE COMMITTEE ON LEGAL AFFAIRS ON THE LEGAL BASIS
Karl-Heinz Florenz
Mr Karl-Heinz Florenz
Věc: Právní základ návrhu nařízení Rady, kterým se zřizuje Nástroj pro rychlou reakci a připravenost na mimořádně vážné události ( KOM(2005)0113 – C6‑0181/2005 – 2005/0052(CNS) )
Subject: Legal basis of the proposal for a Council regulation establishing a Rapid Response and Preparedness Instrument for major emergencies ( COM(2005)0113 – C6‑0181/2005 – 2005/0052(CNS) )
Dosud nezveřejněno v Úředním věstníku.
Not yet published in the OJ.
Výbor projednal výše uvedenou otázku na schůzi dne 15. září 2005.
The Committee considered this question at its meeting on 15 September 2005.
Návrh nařízení má za cíl zřídit „Nástroj pro rychlou reakci a připravenost na mimořádně vážné události“.
The proposal for a regulation sets out to establish "a Rapid Response and Preparedness Instrument for major emergencies".
V této souvislosti je důležité vzít na vědomí, že článek 308 Smlouvy o ES a článku 203 Smlouvy o Euratomu lze použít jako právního základu pouze tehdy, nestanoví-li tyto smlouvy nezbytné pravomoci jinde
In this connection, it is important to note that Article 308 of the EC Treaty and Article 203 of the EAEC Treaty can be used as a legal basis only if the Treaties have not provided the necessary powers elsewhere
Věc 45/86, Komise v.
Case 45/86 Commission v. Council [1987] ECR1493, para.
Podle Soudního dvora není výběr právního základu subjektivní záležitostí, nýbrž „musí být založen na objektivních faktorech, které podléhají soudnímu přezkumu“
According to the Court of Justice the choice of legal basis is not a subjective one, but "must be based on objective factors which are amenable to judicial review"
Věc 45/86, Komise v.
Case 45/86, Commission v. Council [1987] ECR 1439, para.
Rada [1987], Recueil, s. 1439, bod 5. co do cíle a obsahu dotyčného opatření
5. , such as the aim and content of the measure in question
Věc C-300/89, Komise v.
Case C-300/89, Commission v. Council [1991] ECR I-287, para.
A dále, rozhodujícím faktorem má být hlavní předmět nařízení
Furthermore, the decisive factor should be the main object of a measure
Věc C-377/98, Nizozemsko v.
Case C-377/98, Netherlands v. European Parliament and Council [2001] ECR I-7079, para.
Evropský parlament a Rada [2001], Recueil, s. I-7079, bod 27, kde se cituje věc C-155/91, Komise v.
27, quoting Case C-155/91, Commission v. Council [1993] ECR I-939, paras 19-21. .
Opatření civilní ochrany mají zjevně důsledky pro ochranu životního prostředí a veřejného zdraví.
Patently, civil protection measures do have implications for protection of the environment and public health.
Avšak navrhovaný nástroj se týká způsobu mobilizace prostředků a zařízení k zajištění připravenosti na mimořádně vážné události (viz článek 2 (rozsah) spolu s článkem 4 (způsobilé činnosti) a článkem 5 (kritéria poskytování podpory)).
But the proposed instrument is concerned with how to mobilise the means and equipment so as to ensure preparedness for major emergencies (see Article 2 (scope) in conjunction with Article 4 (eligible actions) and Article 5 (criteria for granting assistance)).
Navrhované nařízení tudíž samo o sobě není o ochraně životního prostředí a lidském zdraví.
Consequently, the proposed measure is not about environment protection and protection of people's health per se.
Dokument však zřejmě neobsahuje žádné důvody pro založení navrhovaného nařízení na článku 308 Smlouvy o ES a zároveň na článku 203 Smlouvy o Euratomu.
However, there seems no justification in the text for basing the proposed regulation on both Article 308 of the EC Treaty and Article 203 of the EAEC Treaty.
Náležitým právním základem návrhu rozhodnutí Rady je tudíž článek 308 Smlouvy o ES.
Accordingly, the proper legal basis for the proposal for a Council Regulation is Article 308 of the EC Treaty.
Na schůzi dne 15. září 2005 rozhodl Výbor pro právní záležitosti 15 hlasy proti 2, přičemž 4 členové se hlasování zdrželi
Consequently, at its meeting of 15 September 2005 and in accordance with the proposal made by its draftsman Mr. Antonio López-Instúriz White, the Committee on Legal Affairs decided, by 15 votes to 2 with 4 abstentions
Hlasování se zúčastnili tito poslanci: Giuseppe Gargani (předseda), Rainer Wieland (místopředseda), Antonio López-Istúriz White (navrhovatel), Maria Berger, Marek Aleksander Czarnecki, Bert Doorn, Nicole Fontaine (za Syeda Kamalla), Janelly Fourtou (za Dianu Wallis), Monica Frassoni, Adeline Hazan (za Katalinu Lévai), Kurt Lechner, Klaus-Heiner Lehne, Eva Lichtenberger (za Alaina Lipietze), Toine Manders (za Viktórii Mohácsi), Antonio Masip Hidalgo, Hans-Peter Mayer, Dimitrios Papadimoulis, Alexander Radwan (za Piia-Nooru Kauppi), Aloyzas Sakalas, Francesco Enrico Speroni, Andrzej Tomasz Zapałowski, Jaroslav Zvěřina, Tadeusz Zwiefka. , že Vám doporučí, aby byl odkaz na článek 203 Smlouvy o Euratomu odstraněn a aby jediným právním základem zůstal článek 308 Smlouvy o ES.
The following were present for the vote: Giuseppe Gargani (Chairman), Rainer Wieland (Vice-Chairman), Antonio López-Istúriz White (Draftsman), Maria Berger, Marek Aleksander Czarnecki, Bert Doorn, Nicole Fontaine (for Syed Kamall), Janelly Fourtou (for Diana Wallis), Monica Frassoni, Adeline Hazan (for Katalin Lévai), Kurt Lechner, Klaus-Heiner Lehne, Eva Lichtenberger (for Alain Lipietz), Toine Manders (for Viktória Mohácsi), Antonio Masip Hidalgo, Hans-Peter Mayer, Dimitrios Papadimoulis, Alexander Radwan (for Piia-Noora Kauppi), Aloyzas Sakalas, Francesco Enrico Speroni, Andrzej Tomasz Zapałowski, Jaroslav Zvěřina, Tadeusz Zwiefka. , to recommend that the reference to Article 203 of the EAEC Treaty be removed, leaving Article 308 of the EC Treaty as the sole legal basis.
k návrhu nařízení Rady, kterým se zřizuje nástroj připravenosti a rychlé reakce na mimořádné nouzové situace
on the proposal for a Council regulation establishing a Rapid Response and Preparedness Instrument for major emergencies
In its first reading of the 2006 Budget the European Parliament adopted a pilot project on cross border cooperation in the fight against natural disasters.
In its first reading of the 2006 Budget the European Parliament adopted a pilot project on cross border cooperation in the fight against natural disasters.
It intends to raise the awareness for cooperation and provide a framework to develop closer cooperation on civil protection measures with a view on preventing or at least minimising the consequences of such disasters by developing cross border early warning, coordination and logistical tools (EP-resolution of 8 September 2005).
It intends to raise the awareness for cooperation and provide a framework to develop closer cooperation on civil protection measures with a view on preventing or at least minimising the consequences of such disasters by developing cross border early warning, coordination and logistical tools (EP-resolution of 8 September 2005).
In its Communication on the Financial Perspectives 2007-2013, adopted on 14 July 2004, the Commission called for action at European level to provide a common response to emergency situations of different origin in an efficient and coordinated manner.
In its Communication on the Financial Perspectives 2007-2013, adopted on 14 July 2004, the Commission called for action at European level to provide a common response to emergency situations of different origin in an efficient and coordinated manner.
The proposal aims to establish a Preparedness and Rapid Response Instrument for major emergencies, which should contribute to the development and implementation of Community civil protection measures, in order to provide for Community financial assistance to support and complement the efforts of Member States for the protection of people, the environment and property in the event of a major emergency.
The proposal aims to establish a Preparedness and Rapid Response Instrument for major emergencies, which should contribute to the development and implementation of Community civil protection measures, in order to provide for Community financial assistance to support and complement the efforts of Member States for the protection of people, the environment and property in the event of a major emergency.
The solidarity strand is developed through a complementary proposal of a “European Union Solidarity Fund” (EUFS).
The solidarity strand is developed through a complementary proposal of a “European Union Solidarity Fund” (EUFS).
The Community has adopted two main Council decisions which contain a series of measures and actions in the field of civil protection to reinforce the cooperation and the assistance between Members States.
The Community has adopted two main Council decisions which contain a series of measures and actions in the field of civil protection to reinforce the cooperation and the assistance between Members States.
This proposal will constitute, once adopted, the new legal basis for granting Community financial support to civil protection actions and measures in the field of preparedness and rapid response.
This proposal will constitute, once adopted, the new legal basis for granting Community financial support to civil protection actions and measures in the field of preparedness and rapid response.
It is based on article 308 TCE and article 203 Euratom.
It is based on article 308 TCE and article 203 Euratom.
This Instrument is settled on the principle of subsidiarity which implies that a Community mechanism would provide added value in supporting and supplementing national policies in the field of mutual civil protection assistance.
This Instrument is settled on the principle of subsidiarity which implies that a Community mechanism would provide added value in supporting and supplementing national policies in the field of mutual civil protection assistance.
Indeed this proposal will give the civil protection actors within Member States who fulfil an essential role in responding at very short notice, the means to improve their effectiveness and efficiency in preparing in advance at the Community level for the adequate means and equipment to be dispatched on site, in facilitating a pooling of resources and mutual assistance.
Indeed this proposal will give the civil protection actors within Member States who fulfil an essential role in responding at very short notice, the means to improve their effectiveness and efficiency in preparing in advance at the Community level for the adequate means and equipment to be dispatched on site, in facilitating a pooling of resources and mutual assistance.
In that context the Commission proposes to intensify the effort made until now by the Community and to focus it on two priorities: disaster response and the preparedness.
In that context the Commission proposes to intensify the effort made until now by the Community and to focus it on two priorities: disaster response and the preparedness.
Over the 2007-2013 period, the indicative budget for this Instrument is estimated to be EUR 173 million.
Over the 2007-2013 period, the indicative budget for this Instrument is estimated to be EUR 173 million.
The financial assistance will be made 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
The financial assistance will be made 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
The implementation of the Regulation will be controlled by the Commission and the Court of Auditors.
The implementation of the Regulation will be controlled by the Commission and the Court of Auditors.
Moreover, the Commission has taken particular attention to ensure that the procedures to be followed in the event of rapid response to major emergencies, provide for the required flexibility allowing urgent action to be taken.
Moreover, the Commission has taken particular attention to ensure that the procedures to be followed in the event of rapid response to major emergencies, provide for the required flexibility allowing urgent action to be taken.
The draftsman welcomes the Commission's proposal, particularly the proposed simplification in case of rapid response due to major emergencies, and accordingly calls on the Commission to ensure that the programme is implemented in a transparent and consistent manner.
The draftsman welcomes the Commission's proposal, particularly the proposed simplification in case of rapid response due to major emergencies, and accordingly calls on the Commission to ensure that the programme is implemented in a transparent and consistent manner.
Over and above the measures put forward by the Commission, the draftsman has the following proposals to make:
Over and above the measures put forward by the Commission, the draftsman has the following proposals to make:
It needs to be emphasised that the amount shown in the legislative financial statement is for guidance only, until an agreement is reached on the 2007-2013 financial perspective.
It needs to be emphasised that the amount shown in the legislative financial statement is for guidance only, until an agreement is reached on the 2007-2013 financial perspective.
Note that the amount shown in the legislative financial statement is not part of the Council decision.
Note that the amount shown in the legislative financial statement is not part of the Council decision.
Consider that this amount should be added as an indicative budget for the seven-year period from 1 January 2007.
Consider that this amount should be added as an indicative budget for the seven-year period from 1 January 2007.
The information to the Budgetary Authority is not foreseen before the third year of implementation of the Instrument.
The information to the Budgetary Authority is not foreseen before the third year of implementation of the Instrument.