Legal provisions of COM(2017)772 - Amendment of Decision No 1313/2013/EU on a Union Civil Protection Mechanism - Main contents
Please note
This page contains a limited version of this dossier in the EU Monitor.
dossier | COM(2017)772 - Amendment of Decision No 1313/2013/EU on a Union Civil Protection Mechanism. |
---|---|
document | COM(2017)772 |
date | March 13, 2019 |
Article 1
(1) | Article 3 is amended as follows:
|
(2) | in Article 4, the following point is added:
|
(3) | Article 5(1) is amended as follows:
|
(4) | Article 6 is replaced by the following: ‘Article 6 Risk management 1. In order to promote an effective and coherent approach to the prevention of and preparedness for disasters by sharing non- sensitive information, namely information disclosure of which would not be contrary to the essential interests of Member States' security, and to promote the exchange of best practices within the Union Mechanism, Member States shall:
2. The Commission, in cooperation with Member States, may also establish specific consultation mechanisms to enhance appropriate prevention and preparedness planning and coordination among Member States that are prone to similar types of disasters, including for cross-border risks and low probability risks with a high impact identified under point (d) of paragraph 1. 3. The Commission shall further develop, together with the Member States, by 22 December 2019, guidelines on the submission of the summary referred to in point (d) of paragraph 1. 4. Where a Member State frequently requests the same type of assistance through the Union Mechanism for the same type of disaster, the Commission, following a careful analysis of the reasons and circumstances of the activation, and with the aim of supporting the Member State concerned to strengthen its level of prevention and preparedness, may:
In the event that a Member State requests the same type of assistance through the Union Mechanism for the same type of disaster three times within three consecutive years, points (a) and (b) shall apply unless a careful analysis of the reasons for and circumstances of the frequent activations demonstrate that it is not necessary.’; |
(5) | In Article 10, paragraph 1 is replaced by the following: ‘1. The Commission and the Member States shall work together to improve the planning of disaster response operations, both for natural and man-made disasters, under the Union Mechanism, including through scenario-building for disaster response based on the risk assessments referred to in point (a) of Article 6(1) and the overview of risks referred to in point (c) of Article 5(1), asset mapping and the development of plans for the deployment of response capacities.’; |
(6) | Article 11 is amended as follows:
|
(7) | Article 12 is replaced by the following: ‘Article 12 rescEU 1. rescEU shall be established to provide assistance in overwhelming situations where overall existing capacities at national level and those pre-committed by Member States to the European Civil Protection Pool are not, in the circumstances, able to ensure an effective response to the various kinds of disasters referred to in Article 1(2). In order to guarantee an effective response to disasters, the Commission and the Member States shall, where appropriate, ensure an adequate geographical distribution of rescEU capacities. 2. The Commission shall define, by means of implementing acts adopted under point (g) of Article 32(1), the capacities rescEU shall consist of, taking into account identified and emerging risks, overall capacities and gaps at Union level, in particular in the areas of aerial forest fire fighting, chemical, biological, radiological and nuclear incidents, and emergency medical response. Those implementing acts shall ensure consistency with other applicable Union law. The first such implementing act shall be adopted by 22 June 2019. 3. rescEU capacities shall be acquired, rented or leased by Member States. For that purpose, direct grants may be awarded by the Commission to Member States without a call for proposals. Where the Commission procures rescEU capacities on behalf of Member States, the joint procurement procedure shall apply. Union financial assistance shall be awarded in accordance with the Union's financial rules. rescEU capacities shall be hosted by the Member States that acquire, rent or lease those capacities. In the case of joint procurement, rescEU capacities shall be hosted by the Member States on behalf of which they are procured. 4. The Commission shall define quality requirements for the response capacities forming part of rescEU, in consultation with the Member States. The quality requirements shall be based on established international standards, where such standards already exist. 5. A Member State that owns, rents or leases rescEU capacities shall ensure the registration of those capacities in CECIS, and the availability and deployability of those capacities for Union Mechanism operations. rescEU capacities may only be used for national purposes, as referred to in Article 23(4a), when not being used or needed for response operations under the Union Mechanism. rescEU capacities shall be used in accordance with implementing acts adopted under point (g) of Article 32(1) and with operational contracts between the Commission and the Member State owning, renting or leasing such capacities, which further specify the terms and conditions of deployment of rescEU capacities, including participating personnel. 6. rescEU capacities shall be available for response operations under the Union Mechanism following a request for assistance through the ERCC in accordance with Article 15 or Article 16(1) to (9) and (11), (12) and (13). The decision on their deployment and demobilisation, and any decision in the event of conflicting requests, shall be taken by the Commission in close coordination with the requesting Member State and the Member State owning, renting or leasing the capacity, in accordance with operational contracts as defined in the third subparagraph of paragraph 5 of this Article. The Member State on the territory of which rescEU capacities are deployed shall be responsible for directing response operations. In the event of deployments outside the Union, Member States hosting rescEU capacities shall be responsible for ensuring that rescEU capacities are fully integrated into the overall response. 7. In the event of deployment, the Commission through the ERCC shall agree with the requesting Member State on the operational deployment of rescEU capacities. The requesting Member State shall facilitate operational coordination of its own capacities and rescEU activities during operations. 8. The coordination of the different response capacities shall be facilitated, where appropriate, by the Commission through the ERCC in accordance with Articles 15 and 16. 9. Member States shall be informed of the operational status of rescEU capacities through CECIS. 10. If a disaster outside the Union could significantly affect one or more Member States or their citizens, rescEU capacities may be deployed in accordance with paragraphs 6 to 9 of this Article. When rescEU capacities are deployed in third countries, in specific cases, Member States may refuse to deploy their own personnel, in accordance with the implementing act adopted under point (g) of Article 32(1), and as further defined in the operational contracts referred to in the third subparagraph of paragraph 5 of this Article.’; |
(8) | Article 13 is amended as follows:
|
(9) | in Article 15, paragraph 1 is replaced by the following: ‘1. When a disaster occurs within the Union, or is imminent, the affected Member State may request assistance through the ERCC. The request shall be as specific as possible. A request for assistance shall lapse after a maximum period of 90 days, unless new elements justifying the need for continued or additional assistance are provided to the ERCC.’; |
(10) | in Article 16, paragraphs 1 and 2 are replaced by the following: ‘1. When a disaster occurs outside the Union, or is imminent, the affected country may request assistance through the ERCC. The assistance may also be requested through or by the United Nations and its agencies, or a relevant international organisation. A request for assistance shall lapse after a maximum period of 90 days, unless new elements justifying the need for continued or additional assistance are provided to the ERCC. 2. Interventions under this Article may be conducted either as an autonomous assistance intervention or as a contribution to an intervention led by an international organisation. The Union coordination shall be fully integrated with the overall coordination provided by the United Nations Office for the Coordination of Humanitarian Affairs (OCHA), and shall respect its leading role. In the case of man-made disasters or complex emergencies, the Commission shall ensure consistency with the European Consensus on Humanitarian Aid (*1), and respect for humanitarian principles. (*1) OJ C 25, 30.1.2008, p. 1.’;" |
(11) | in Article 19, paragraph 1 is replaced by the following: ‘1. The financial envelope for the implementation of the Union Mechanism for the period 2014 to 2020 shall be EUR 574 028 000 in current prices. EUR 425 172 000 in current prices shall derive from Heading 3 “Security and Citizenship” of the multiannual financial framework and EUR 148 856 000 in current prices from Heading 4 “Global Europe”.’; |
(12) | the following Article is inserted: ‘Article 20a Visibility and awards 1. Any assistance or funding provided under this Decision shall give appropriate visibility to the Union, including prominence to the Union emblem for those capacities referred to under Articles 11 and 12 and point (c) of Article 21(2). A communication strategy shall be developed by the Commission in order to make the tangible results of the actions taken under the Union Mechanism visible to citizens. 2. The Commission shall award medals in order to recognise and honour long-standing commitment and extraordinary contributions to Union civil protection.’; |
(13) | Article 21 is amended as follows:
|
(14) | Article 23 is amended as follows:
|
(15) | in Article 26, paragraphs 1 and 2 are replaced by the following: ‘1. Actions receiving financial assistance under this Decision shall not receive assistance from other Union financial instruments. However, in accordance with Article 191(1) of Regulation (EU, Euratom) 2018/1046 (*2), financial assistance granted pursuant to Articles 21, 22 and 23 of this Decision shall not prevent financing from other Union instruments in accordance with the conditions established therein. The Commission shall ensure that applicants for financial assistance under this Decision, and beneficiaries of such assistance, provide it with information about financial assistance received from other sources, including the general budget of the Union, and about on-going applications for such assistance. 2. Synergies, complementarity and increased coordination shall be developed with other instruments of the Union such as those supporting cohesion, rural development, research, health, migration and security policies, as well as the European Union Solidarity Fund. In the case of a response to humanitarian crises in third countries, the Commission shall ensure the complementarity and coherence of actions financed under this Decision with actions financed under Regulation (EC) No 1257/96, and that those actions are implemented in line with the European Consensus on Humanitarian Aid. (*2) Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on the financial rules applicable to the general budget of the Union, amending Regulations (EU) No 1296/2013, (EU) No 1301/2013, (EU) No 1303/2013, (EU) No 1304/2013, (EU) No 1309/2013, (EU) No 1316/2013, (EU) No 223/2014, (EU) No 283/2014, and Decision No 541/2014/EU and repealing Regulation (EU, Euratom) No 966/2012 (OJ L 193, 30.7.2018, p. 1).’;" |
(16) | Article 28 is amended as follows:
|
(17) | Article 30 is replaced by the following: ‘Article 30 Exercise of the delegation 1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. 2. The power to adopt delegated acts referred to in Article 19(5) and (6) shall be conferred on the Commission until 31 December 2020. 3. The power to adopt delegated acts referred to in Article 21(3) shall be conferred on the Commission for an indeterminate period of time from 21 March 2019. 4. The delegation of power referred to in Article 19(5) and (6) and Article 21(3) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. 5. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. 6. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. 7. A delegated act adopted pursuant to Article 19(5) and (6) and Article 21(3) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.’; |
(18) | in Article 32, points (g) and (h) of paragraph 1 are replaced by the following:
|
(19) | Article 34 is replaced by the following: ‘Article 34 Evaluation 1. Actions receiving financial assistance shall be monitored regularly in order to follow their implementation. 2. The Commission shall submit a report to the European Parliament and to the Council on operations and progress made under Articles 11 and 12 every two years. The report shall include information on progress made towards the capacity goals and remaining gaps as referred to in Article 11(2), taking into account the establishment of rescEU capacities in accordance with Article 12. The report shall also provide an overview of the budgetary and cost developments relating to response capacities, and an assessment of the need for further development of those capacities. 3. The Commission shall evaluate the application of this Decision and submit a communication on the effectiveness, cost efficiency and continued implementation of this Decision, in particular as regards Article 6(4), and of rescEU capacities, to the European Parliament and to the Council, by 31 December 2023 and every five years thereafter. That communication shall be accompanied, where appropriate, by proposals for amendments to this Decision.’; |
(20) | Article 35 is replaced by the following: ‘Article 35 Transitional Provisions Until 1 January 2025, Union financial assistance may be provided to cover 75 % of the costs necessary to ensure rapid access to national capacities corresponding to those defined in accordance with Article 12(2). For that purpose, direct grants may be awarded by the Commission to Member States without a call for proposals. The capacities referred to in the first paragraph shall be designated as rescEU capacities until the end of this transitional period. By way of derogation from Article 12(6), the decision on the deployment of the capacities referred to in the first paragraph shall be taken by the Member State that made them available as rescEU capacities. When domestic emergencies, force majeure or, in exceptional cases, serious reasons prevent a Member State from making those capacities available for a specific disaster, that Member State shall inform the Commission as soon as possible by referring to this Article.’; |
(21) | Article 38 is deleted; |
(22) | The references to the ‘European Emergency Response Capacity’, ‘EERC’ and the ‘voluntary pool’ throughout the text of the Decision shall be replaced by a reference to the ‘European Civil Protection Pool’; |
(23) | Annex Ia as set out in the Annex to this Decision is inserted. |
Article 2
Existing arrangements falling under Article 28 of Decision No 1313/2013/EU shall continue to apply until they are replaced as appropriate.