1. A Community Mechanism to facilitate reinforced cooperation between the Community and the Member States in civil protection assistance intervention in the event of major emergencies, or the imminent threat thereof, is hereby established (hereinafter the Mechanism).
2. The protection to be ensured by the Mechanism shall cover primarily people but also the environment and property, including cultural heritage, in the event of natural and man-made disasters, acts of terrorism and, technological, radiological or environmental accidents, including accidental marine pollution, occurring inside or outside the Community, taking also into account the special needs of the isolated, outermost and other regions or islands of the Community.
The Mechanism shall not affect obligations under existing relevant legislation of the European Community or the European Atomic Energy Community or existing international agreements.
Article 2
The Mechanism consists of a series of elements and actions including:
1.
the identification of intervention teams and other intervention support available in Member States for assistance intervention in the event of emergencies;
2.
the setting-up and implementation of a training programme for intervention teams and other intervention support, and for experts for the teams responsible for assessment and/or coordination (hereinafter assessment and/or coordination teams);
3.
workshops, seminars and pilot projects on major aspects of interventions;
4.
the establishment and dispatch of assessment and/or coordination teams;
5.
the establishment and management of a Monitoring and Information Centre (MIC), which is accessible and able to react immediately 24 hours a day and serving the Member States and the Commission for the purposes of the Mechanism;
6.
the establishment and management of a Common Emergency Communication and Information System (CECIS) to enable communication and sharing of information between the MIC and the contact points of the Member States;
7.
contributing to the development of detection and early warning systems for disasters which may affect the territory of the Member States, in order to enable a rapid response by the Member States and the Community, as well as to their establishment through studies and assessments on the need for and feasibility of those systems and through actions to promote their interlinkage and their linkage to the MIC and the CECIS. Those systems shall take into account and build upon existing information, monitoring and detection sources;
8.
supporting Member States in obtaining access to equipment and transport resources by:
(a)
providing and sharing information on equipment and transport resources that can be made available by the Member States, with a view to facilitating the pooling of such equipment or transport resources;
(b)
assisting Member States to identify, and facilitating their access to, transport resources that may be available from other sources, including the commercial market;
(c)
assisting Member States to identify equipment that may be available from other sources including the commercial market;
9.
complementing the transport provided by Member States by providing additional transport resources necessary for ensuring a rapid response to major emergencies;
10.
supporting consular assistance to EU citizens in major emergencies in third countries regarding civil protection activities if requested by the consular authorities of the Member States;
11.
other supporting and complementary action necessary in the framework of the Mechanism as mentioned in Article 4 of Council Decision 2007/162/EC, Euratom of 5 March 2007 establishing a Civil Protection Financial Instrument (8).
Article 3
For the purpose of this Decision, the following definitions shall apply:
1.
‘major emergency’ means any situation which has or may have an adverse impact on people, the environment or property and which may result in a call for assistance under the Mechanism;
2.
‘response’ means any action taken under the Mechanism during or after a major emergency to address its immediate consequences;
3.
‘preparedness’ means 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;
4.
‘early warning’ means the timely and effective provision of information that allows action to be taken to avoid or reduce risks and ensure preparedness for an effective response;
5.
‘module’ means a self-sufficient and autonomous predefined task- and needs-driven arrangement of Member States’ capabilities or a mobile operational team of the Member States representing a combination of human and material means, that can be described in terms of its capacity for intervention or by the task(s) it is able to undertake.
CHAPTER II - Preparedness
Article 4
1. Member States shall identify in advance intervention teams or modules within their competent services and, in particular, their civil protection services or other emergency services, which might be available for intervention or could be established at very short notice and be dispatched, generally within 12 hours following a request for assistance. They shall take into account that team or module composition should depend on the type of major emergency and on particular needs in that emergency.
2. Member States shall select experts who can be called on to serve on the site of an emergency in an assessment and/or coordination team.
3. Member States shall work on a voluntary basis towards developing modules, in particular to meet priority intervention or support needs under the Mechanism, that:
(a)
are made up of the resources of one or more States participating in the Mechanism;
(b)
are able to perform tasks in the areas of response;
(c)
are able to perform their tasks in accordance with acknowledged international guidelines and therefore able:
(i)
to be dispatched at very short notice following a request for assistance;
(ii)
to work self-sufficiently and autonomously for a given period of time if circumstances on site require it;
(d)
are interoperable with other modules;
(e)
have undertaken training and exercises in order to meet the interoperability requirements under points (a) and (d);
(f)
are placed under the authority of a person who is responsible for their operation;
(g)
are able to provide assistance to other EU bodies and/or international institutions, especially the United Nations.
4. Member States shall consider the possibility of providing, as required, other intervention support which might be available from the competent services, such as specialised personnel and equipment to deal with a particular emergency, and of calling upon resources which may be provided by non-governmental organisations and other relevant entities.
5. Member States wishing to do so, may, subject to appropriate security constraints, provide information about relevant military assets and capabilities that could be used as a last resort as part of the civil protection assistance through the Mechanism, such as transport and logistical or medical support.
6. Member States shall provide relevant general information on the teams, experts, modules and other intervention support referred to in paragraphs 1 to 4 of this Article within six months of the adoption of this Decision, and promptly update this information when necessary, as well as on medical resources referred to in Article 5(6).
7. Member States, supported by the Commission if they so request, shall take the necessary measures to ensure the timely transport of the civil protection assistance they offer.
8. Member States shall designate the contact points and inform the Commission accordingly.
Article 5
The Commission shall carry out the following tasks:
1.
establishing and managing the MIC;
2.
establishing and managing the CECIS;
3.
contributing to the development detection and early warning systems for disasters as provided for in Article 2(7);
4.
establishing the capability to mobilise and dispatch, as quickly as possible, small teams of experts responsible for:
(a)
assessing the civil protection needs of the State requesting assistance in view of the assistance available from the Member States and the Mechanism;
(b)
facilitating, when necessary, coordination of civil protection assistance operations on site and liaising, when necessary and appropriate, with the competent authorities of the State requesting assistance;
5.
setting up a training programme, with a view to enhancing the coordination of civil protection assistance intervention by ensuring compatibility and complementarity between the intervention teams and modules referred to in Article 4(1) or as appropriate other intervention support as referred to in Article 4(4), and by improving the competence of the experts referred to in Article 4(2). The programme shall include joint courses and exercises and an exchange system whereby individuals may be seconded to other Member States;
6.
pooling and compiling in the event of a major emergency, information on the capabilities of the Member States for maintaining a production of serums and vaccines or other necessary medical resources and on the stocks thereof which might be available for intervention;
7.
setting up a programme of lessons learned from the interventions conducted within the framework of the Mechanism and disseminating these lessons through the information system;
8.
stimulating and encouraging the introduction and use of new technologies for the purpose of the Mechanism;
9.
taking the measures listed in Article 2(8) and (9);
10.
establishing the capability to provide basic logistical support for assessment and/or coordination experts;
11.
taking any other supporting and complementary action necessary in the framework of the Mechanism as mentioned in Article 4 of Decision 2007/162/EC, Euratom.
CHAPTER III - Response
Article 6
1. In the event of a major emergency within the Community, or of an imminent threat thereof, which causes or is capable of causing transboundary effects, the Member State in which the emergency has occurred shall, without delay, notify the Commission and those Member States which may be affected by the emergency.
The first subparagraph shall not apply where the obligation of notification has already been addressed under relevant legislation of the European Community or the European Atomic Energy Community or existing international agreements.
2. In the event of a major emergency within the Community, or of an imminent threat thereof, which may result in a call for assistance from one or more Member States, the Member State in which the emergency has occurred shall, without delay, notify the Commission, when a possible request for assistance through the MIC can be anticipated, in order to enable the Commission, as appropriate, to inform the other Member States and activate its competent services.
3. The notifications referred to in paragraphs 1 and 2 shall, as appropriate, be made through the CECIS.
Article 7
1. Where a major emergency occurs within the Community, a Member State may request assistance through the MIC or directly from the other Member States. The request shall be as specific as possible.
2. In the case of a request for assistance through the MIC, the Commission shall, upon receiving such a request, as appropriate and without delay:
(a)
forward the request to the contact points of the other Member States;
(b)
facilitate the mobilisation of teams, experts, modules and other intervention support;
(c)
collect validated information on the emergency and disseminate it to the Member States.
3. Any Member State to which a request for assistance is addressed shall promptly determine whether it is in a position to render the assistance required, and inform the requesting Member State thereof, either through the MIC or directly, indicating the scope and terms of any assistance it might render. If a Member State informs the requesting Member State directly, it shall also inform the MIC accordingly. The MIC shall keep the Member States informed.
4. The requesting Member State shall be responsible for directing assistance interventions. The authorities of the requesting Member State shall lay down guidelines and, if necessary, define the limits of the tasks entrusted to the intervention teams or modules. The details of the execution of those tasks shall be left to the person in charge appointed by the Member State rendering assistance.
5. Where the requesting Member State asks the intervention teams to direct the intervention on its behalf, the teams or modules provided by the Member States and the Community shall endeavour to coordinate their interventions.
6. Where assessment and/or coordination teams are dispatched, they shall facilitate coordination between intervention teams and liaise with the competent authorities of the requesting Member State.
Article 8
1. In the event of a major emergency occurring outside the Community, Article 7 may also, upon request, be applied in respect of civil protection assistance interventions outside the Community.
Such interventions may either be conducted as an autonomous assistance intervention or as a contribution to an intervention led by an international organisation.
The scope of the coordination arrangements contained in this Article shall only include assistance channelled through the Mechanism.
The measures taken pursuant to this Article shall be without prejudice to the measures adopted under Title V of the Treaty on European Union.
2. Where civil protection assistance as referred to in paragraph 1 is provided in response to a request distributed through the MIC, the Member State holding the Presidency of the Council of the European Union (hereinafter referred to as the Presidency) shall ensure the overall coordination of the civil protection assistance interventions while respecting the operational coordination role of the Commission as set out in paragraph 4.
3. Regarding political and strategic coordination, the Presidency shall in particular:
(a)
assess the appropriateness of the possible use of the Mechanism as a tool for facilitating and supporting crisis management;
(b)
where it deems it necessary, establish relations with the affected third country at political level and liaise with that country at all stages of the emergency in respect of the overall political and strategic framework of the assistance intervention.
Where appropriate, the Presidency may request another Member State to take responsibility, in whole or in part, for political and strategic coordination or request the Commission to support that coordination.
4. Operational coordination shall be undertaken by the Commission in close cooperation with the Presidency within the framework of the political and strategic coordination referred to in paragraph 3. Operational coordination shall consist of the following activities as appropriate:
(a)
maintaining a continuous dialogue with Member States’ contact points in order to ensure an effective and coherent European civil protection contribution through the Mechanism to the overall relief effort, in particular:
(i)
informing the Member States without delay of the full requests for assistance;
(ii)
dispatching on site assessment and/or coordination teams to undertake an assessment of the situation and the needs and/or to facilitate the operational coordination on site of the assistance channelled through the Mechanism;
(iii)
establishing needs assessments in cooperation with the assessment and/or coordination teams and other actors, including other services of the EU;
(iv)
sharing relevant assessments and analyses with all relevant actors;
(v)
providing an overview of assistance being offered by Member States and other sources;
(vi)
advising on the type of assistance required in order to ensure that the civil protection assistance provided is consistent with the needs assessments;
(vii)
assisting in overcoming any practical difficulties in the delivery of assistance in areas such as transit and customs;
(b)
liaising with the affected third country on technical details such as the precise needs for assistance, the acceptance of offers and the practical arrangements for the local reception and distribution of assistance;
(c)
liaising or cooperating with the United Nations Office for the Coordination of Humanitarian Affairs (UNOCHA) when present and other relevant actors contributing to the overall relief effort in order to maximise synergies, seek complementarities and avoid duplication and gaps;
(d)
liaising with all relevant actors, in particular in the closing phase of the assistance intervention under the Mechanism, to facilitate a smooth handover.
5. Where appropriate, the Commission may, on a case-by-case basis, undertake additional operational tasks with the agreement of the Presidency.
6. The Commission may, in close cooperation with the Presidency, appoint the assessment and/or coordination teams referred to in paragraph 4(a)(ii). The teams shall be composed of experts and a team leader provided by the Member States on a case-by-case basis. The Commission shall select the experts and the leader for this team on the basis of their qualifications and experience, including the level of the Mechanism training undertaken, previous experience of missions under the Mechanism and other international relief work. The selection shall also be based on other criteria, including language skills, so as to ensure that the team as a whole has available the skills needed for the specific situation.
The MIC shall maintain close contact with the assessment and/or coordination teams and provide them with support and guidance.
7. The Presidency and the Commission shall ensure close cooperation and maintain a continuous dialogue at all stages of the emergency regarding the intervention.
The operational coordination shall be fully integrated with the overall coordination provided by UNOCHA, when it is present, and respect its leading role.
Coordination through the Mechanism does not affect bilateral contacts between the participating Member States and the affected country, nor cooperation between the Member States and the United Nations. Such bilateral contacts may also be used to contribute to the coordination through the Mechanism.
Synergies and complementarities shall be sought with other instruments of the Union or the Community. In particular, the Commission shall ensure the complementarity and coherence of actions under the Mechanism and actions financed under Regulation (EC) No 1257/96.
In the event of a major emergency occurring outside the Community, the possible use of military assets and capabilities available to support civil protection should be consistent with the principles of relevant United Nations Guidelines.
8. The coordination roles of the Presidency and the Commission referred to in this Article shall not affect the Member States’ competences and responsibility for their teams, modules and other support, including military assets and capabilities. In particular, the coordination by the Presidency and the Commission shall not entail giving orders to Member States’ teams, modules and other support, which shall be deployed on a voluntary basis in accordance with the coordination at headquarters level and on site.
9. In order to enable the coordination referred to in paragraphs 1 to 8 and to ensure a comprehensive contribution to the overall relief effort:
(a)
all Member States providing civil protection assistance as referred to in paragraph 1 in response to a request distributed through the MIC shall keep the MIC fully informed of their activities; and
(b)
Member States’ teams and modules on site participating in the intervention through the Mechanism shall liaise closely with the MIC coordination and/or assessment teams on site.
Article 9
The Commission may support and complement the civil protection assistance provided by the Member States within the context of the Mechanism by taking the measures listed in Article 2(8) and (9).
CHAPTER IV - Final provisions
Article 10
Participation in the Mechanism shall be open to candidate countries.
Other third countries as well as international or regional organisations may cooperate in activities under the Mechanism where agreements between these third countries or organisations and the Community so allow.
Article 11
For the purposes of applying this Decision, Member States shall appoint the competent authorities and inform the Commission accordingly.
Article 12
The Commission shall, in accordance with the procedures referred to in Article 13(2), establish implementing rules particularly on the following matters:
1.
resources available for assistance intervention, as provided for in Article 4;
2.
the MIC, as provided for in Article 2(5);
3.
the CECIS, as provided for in Article 2(6);
4.
the assessment and/or coordination teams, as provided for in Article 2(4), including criteria for the selection of experts;
5.
the training programme, as provided for in Article 2(2);
6.
the modules as provided for in Article 4(3);
7.
the detection and early warning systems as provided for in Article 2(7);
8.
information on medical resources, as provided for in Article 5(6);
9.
the interventions inside the Community, as provided for in Article 7 as well as the interventions outside the Community, as provided for in Article 8.
Article 13
1. The Commission shall be assisted by the committee set up by Article 13 of Decision 2007/162/EC, Euratom.
2. Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply.
The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months.
Article 14
The Commission shall evaluate the application of this Decision every third year from the date of its notification and transmit the conclusions of that evaluation to the European Parliament and the Council.
The conclusions shall be accompanied, if appropriate, by proposals for amendments to this Decision.
Article 15
Decision 2001/792/EC, Euratom shall be repealed.
References to the repealed Decision shall be construed as references to this Decision and shall be read in accordance with the correlation table in the Annex.
