Tag Archives: Civil defence

Public procurement in the fields of defence and security

Public procurement in the fields of defence and security

Outline of the Community (European Union) legislation about Public procurement in the fields of defence and security

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Internal market > Businesses in the internal market > Public procurement

Public procurement in the fields of defence and security

Document or Iniciative

Directive 2009/81/EC of the European Parliament and of the Council of 13 July 2009 on the coordination of procedures for the award of certain works contracts, supply contracts and service contracts by contracting authorities or entities in the fields of defence and security, and amending Directives 2004/17/EC and 2004/18/EC (Text with EEA relevance). [See amending act(s)].

Summary

This Directive applies to public contracts in the fields of defence and security for:

  • the supply of military equipment;
  • the supply of sensitive equipment;
  • works, supplies and services directly related to military or sensitive equipment;
  • works and services for specifically military purposes or sensitive works and sensitive services.

Public procurement

Economic operators, whether they are natural or legal persons, can participate in invitations to tender in these fields. Groups of economic operators may also participate. If a contract is awarded to them, they may be required to assume a specific legal form.

Market thresholds and exclusions

This Directive shall apply to contracts which have a value excluding value-added tax (VAT) estimated to be no less than the following thresholds:

  • EUR 400,000 for supply and service contracts;
  • EUR 5,000,000 in the case of works contracts.

Exclusions

Certain specific contracts are excluded from the scope of this Directive, including:

  • contracts governed by specific procedural rules pursuant to an international agreement or arrangement between Member States and third countries and markets governed by the specific procedural rules of an international organisation purchasing for its purposes;
  • contracts for which the application of the rules of this Directive would oblige a Member State to supply certain information the disclosure of which it considers contrary to the essential interests of its security;
  • contracts awarded in the framework of a cooperation programme aimed at developing a new system;
  • contracts for the purposes of intelligence activities;
  • contracts awarded in a third country when forces are deployed outside the territory of the Union and transactions take place in the area of operations;
  • contracts relating to immovable property;
  • contracts awarded between governments.

Procedures

Contracting authorities/entities shall apply national procedures for the award of public contracts adjusted for the purposes of this Directive, by using the restricted procedure or the negotiated procedure with publication of a contract notice. An open procedure cannot be chosen.

Member States may use a competitive dialogue in the case of particularly complex contracts. In this case, contracting authorities/entities open a dialogue with the candidates selected in order to identify and define the means best suited to satisfying their needs.

There are also exceptional cases in which it is possible to use the negotiated procedure without publication of a contract notice.

The procedures are adjusted for the specific purposes of this Directive, in particular by proposing specific rules for the security of information, the security of supply and subcontracting.

The contracting authorities/entities may also conclude framework agreements, the duration of which may not exceed seven years. They must not, however, restrict competition.

Rules on advertising and transparency

Contracting authorities/entities may publish a prior information notice on their buyer profiles or on Tenders Electronic Daily (TED). They are obliged to publish a contract notice on TED with the sole exception of an exceptional negotiated procedure without publication of a contract notice.

In the case of restricted or negotiated procedures, contracting authorities/entities shall invite the selected candidates to submit their tenders and to negotiate. They shall also be invited to negotiate under the negotiated procedure. This invitation shall include contract documents, the deadline for receipt of tenders and an indication of any documents to be annexed.

For every contract or framework agreement, the contracting authorities/entities must draw up a written report describing the selection procedure chosen as well as information concerning the candidates.

Contract award criteria

Contracting authorities/entities shall award contracts on the basis of:

  • the most economically advantageous tender. Award shall then be based on various criteria linked to the subject-matter of the contract in question, such as quality, price or technical merit); or
  • the lowest price.

Subcontracting

Contracting authorities/entities may oblige the successful tenderer to organise a transparent and non-discriminatory competition when awarding subcontracts to third parties.

In addition, Member States may allow or require their contracting authorities/entities to ask that subcontracts representing at least a certain share of the value of the contract (a maximum of 30 %) be awarded to third parties following a transparent and non-discriminatory competition.

Review

A review of a decision taken by contracting authorities/entities may be sought in the event of an infringement of Community law. Member States must ensure that any operator that has suffered harm has access to effective and rapid rights to review. They may require that operators who wish to seek review either inform the contracting authority or first seek review from it.

During a review procedure, interim or final measures may be taken. In both cases, damages shall be granted to the persons concerned.

Context

The 2005 Green Paper on defence procurement highlighted the fact that it was essential to create a European market for defence equipment. This Directive should prove to be an appropriate legislative framework since it meets the specific requirements relating to goods and services in the fields of defence and security.

Reference

Act Entry into force Deadline for transposition in the Member States Official Journal

Directive 2009/81/EC

21.8.2009

21.8.2011

OJ L216, 20.8.2009

Amending act(s) Entry into force Deadline for transposition in the Member States Official Journal

Regulation (EC) No 1177/2009

1.1.2010

OJ L 314, 1.12.2009

Regulation (EU) No 1251/2011

2.12.2011

OJ L 319, 2.12.2011

Successive amendments and corrections to Directive 2009/81/EC have been incorporated into the original text. This consolidated version is for reference only.

Mutual recognition of protection measures in civil matters

Mutual recognition of protection measures in civil matters

Outline of the Community (European Union) legislation about Mutual recognition of protection measures in civil matters

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Justice freedom and security > Judicial cooperation in civil matters

Mutual recognition of protection measures in civil matters (Proposal)

Proposal

Proposal for a Regulation of the European Parliament and of the Council on mutual recognition of protection measures in civil matters [COM(2011) 276 final – Not published in the Official Journal].

Summary

Victims of violence must continue to benefit from protection measures * against their offender, such as the obligation not to contact or the obligation not to approach the protected person, when they travel or move to another European Union (EU) Member State.

The Commission therefore proposes a Regulation to establish the arrangements for the mutual recognition of protection measures in civil matters. The initiative comes from the Stockholm Programme which recognises the need to go further in matters of victim protection. It also forms part of a series of measures aimed at strengthening victims’ rights. Lastly, it complements an initiative submitted by a group of Member States in September 2009 relating to a Proposal for a Directive on the European Protection Order, aimed at ensuring the mutual recognition of protection measures taken in criminal matters.

Scope

The Regulation concerns protection measures taken in civil matters only. It does not cover protection measures taken in matrimonial matters and matters of parental responsibility. In the event of a violation of a protection measure, criminal sanctions will continue to be dealt with by the national law of each EU country.

Due to their more specific nature, the measures provided for by this Regulation will replace those on the jurisdiction, recognition and enforcement of judgments in civil and commercial matters.

Recognition and enforcement of judgments

To invoke a protection order in another EU country (the Member State of recognition), the protected person must simply present a certificate issued by the country which adopted the order (the Member State of origin). The Proposal provides for a standardised certificate containing all the information required for recognition, and if necessary, for enforcing the protection measure.

In cases of a cross-border nature or if requested by the protected person, the certificate shall be issued at the time of adoption of the measure.

One ground for refusal of recognition is provided for: in cases where the decision is irreconcilable with a decision taken by the Member State of recognition. The fact that the country does not have protection measures or has different measures does not prevent it from recognising the decision. If necessary, the Member State may adapt the protection measure to a similar one known under its own law.

If required, the Member State of recognition must ensure the enforcement of the measure by the competent authorities.

Arrangements are put in place in order to safeguard fundamental rights:

  • before issuing the certificate, the Member State of origin must verify that the fundamental rights of the person causing the risk, such as the right to a fair trial and the right of defence, have been respected;
  • in the event of suspension or withdrawal of the measure by the Member State of origin, the Member State of recognition shall suspend or withdraw the recognition and the enforcement of the measure at request of the person causing the risk;
  • the Member State of origin and the Member State of recognition must bring to the notice of the person causing the risk and of the protected person any information related to the issuing, recognition, possible enforcement and sanctions, and suspension or withdrawal of the protection measure.
Key terms of the Act
  • Protection measure: any decision of a preventive and temporary nature taken by an authority in a Member State with a view to protecting a person when serious reasons exist to consider the person’s physical and/or psychological integrity or liberty to be at risk. This includes measures which are adopted without the person causing the risk being summoned to appear.

Reference

Proposal Official Journal Procedure

COM(2011) 276 final

2011/130/COD

Related Acts

Proposal for a Directive of the European Parliament and of the Council establishing minimum standards on the rights, support and protection of victims of crime [COM(2011) 275 final – Not published in the Official Journal].

The proposed Directive establishes minimum standards for the victims of crime. It aims to ensure that the specific needs of victims are taken into account during criminal proceedings, regardless of the nature of the offence or where it took place within the EU.

Co-decision procedure (2011/0129/COD)

Communication from the Commission to the European Parliament, the Council, the Economic and Social Committee and the Committee of the Regions of 18 May 2011 – Strengthening victims’ rights in the EU [COM(2011) 274 final – Not published in the Official Journal].

Defence-related products: rules on transfer within the EU

Defence-related products: rules on transfer within the EU

Outline of the Community (European Union) legislation about Defence-related products: rules on transfer within the EU

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Internal market > Businesses in the internal market > Intellectual property

Defence-related products: rules on transfer within the EU

Document or Iniciative

Directive 2009/43/EC of the European Parliament and of the Council of 6 May 2009 simplifying terms and conditions of transfers of defence-related products within the Community (Text with EEA relevance) [See amending act(s)].

Summary

The aim of this Directive is to facilitate the transfer of defence-related products within the European Union (EU) and to improve the competitiveness of the defence sector in Europe and industrial cooperation between the Member States.

This Directive establishes a European authorisation system based on issuing transfer licences to suppliers. This system increases the transparency and security of transfers in the EU. It also facilitates the purchasing, maintenance and repair of European defence products.

This Directive applies to the defence-related products stated on a list annexed to the Directive. The Commission updates the list regularly so that it strictly corresponds to the Common Military List of the European Union.

Transfer licences

The Directive makes the transfer of defence-related products subject to prior authorisation from the Member State from whose territory the defence products are to be transferred.

The Directive states that no other authorisation from other Member States is required for transit through Member States or entry to the territory of the Member State where the recipient of the defence-related products is located, except on grounds of public security or public policy, for example in the area of safety of transport.

There are three types of transfer licences:

  • general licences;
  • global licences;
  • individual licences.

General licences are published by Member States and are addressed to all suppliers established within their territory who comply with the conditions of the general licence. With these licences, suppliers can carry out several transfers of defence-related products to one or several categories of recipients situated in another Member State.

The Directive specifies the cases which must at least have a general licence: transfers to certified companies, transfers to the armed forces of other Member States, transfers for demonstration, evaluation or exhibition purposes and transfers for maintenance and repair purposes.

This type of licence may also cover transfers relating to an intergovernmental cooperation programme.

Global licences are issued to individual suppliers on their request. On the basis of this request from the supplier, Member States determine the scope of the global licence, its duration (three years, renewable) and the authorised recipients.

Individual licences are also issued at the supplier’s request. They are limited to a single transfer of products to a single recipient. They are permitted by the Directive in four cases only:

  • if the request is limited to a single transfer;
  • if it is necessary for the protection of the essential security interests of the Member State or on grounds of public policy;
  • if it is necessary for compliance with international obligations and commitments of Member States;
  • if there is serious reason to believe that the supplier will not be able to comply with all the terms and conditions necessary to grant it a global transfer licence.

Information obligations of suppliers

Member States ensure that suppliers of defence-related products:

  • inform recipients of the terms and conditions relating to the end-use of the transfer licence;
  • inform the competent authorities of the Member State from whose territory they wish to transfer defence-related products of their intention to use a general licence for the first time;
  • keep detailed records of their transfers.

Certification of recipients

The Directive establishes a certification system of recipients. This system aims at establishing the ability of recipients to comply with the safety rules relating to the particular nature of products in the field of defence.

Member States designate authorities to carry out the certification of recipients established within their respective territories. The certification is drawn up according to the following criteria:

  • proven experience and reputation in defence activities;
  • relevant industrial activity in defence-related products within the EU;
  • appointment by the company of a senior person responsible for transfers and exports;
  • written commitment of the company to observe and enforce the conditions related to end-use and export of received components or products;
  • written commitment of the company to provide the authorities with the information requested concerning the end-users or end-use of products exported, transferred or received under a transfer licence from another Member State by the company;
  • a signed description of the internal compliance programme or the export management system implemented in the company.

Valid for a maximum period of five years, the certificate mentions the name of the issuing authority, the name and address of the recipient, its date of issue and period of validity and a statement that the recipient complies with the requirements. The Directive requires Member States to recognise certificates issued in accordance with the Directive by other Member States.

Member States publish und update regularly the list of certified undertakings and forwards the information to the other Member States and the Commission, which then makes it publicly available on its website.

If a Member State considers that there is a serious risk that any certified recipient in another Member State will not respect any condition attached to a general transfer licence, it informs the Member State which issued the certificate and requests evaluation of the situation. If doubts remain, it can suspend the transfer licence, informing the other Member States and the Commission.

Moreover, Commission Recommendation 2011/24/EU on the certification of defence undertakings gives practical advice to Member States for implementing this system of certification.

Background

The transfer of defence-related products within the EU was subject to 27 national licensing systems which differed greatly in terms of procedures, scope and time taken to obtain licences. This diversity adversely affected both the competitiveness of European defence undertakings and the establishment of a genuine European market in defence products. Moreover, the constraints associated with the obtaining of licences in the EU appeared excessive compared with the real control needs in so far as thousands of requests for licences are lodged every year while none is refused.

References

Act Entry into force Deadline for transposition in the Member States Official Journal

Directive 2009/43/EC

30.6.2009

30.6.2011

OJ L146, 10.6.2009

Amending act(s) Entry into force Deadline for transposition in the Member States Official Journal

Directive 2010/80/EU

14.12.2010

30.6.2011

OJ L308, 24.11.2011

Prevention of natural or man-made disasters in the European Union

Prevention of natural or man-made disasters in the European Union

Outline of the Community (European Union) legislation about Prevention of natural or man-made disasters in the European Union

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Environment > Civil protection

Prevention of natural or man-made disasters in the European Union

Document or Iniciative

Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions of 23 February 2009 – A Community approach on the prevention of natural and man made disasters [COM(2009) 82 final – Not published in the Official Journal].

Summary

Community territory is affected by natural or man-made disasters, the number and impact of which is rising. This increasing vulnerability is caused in particular by the effects of climate change and by urban and industrial development.

The strategy is part of a set of instruments with both an external and an internal dimension. It does not cover emergencies related to conflicts or acts of terrorism.

The measures taken regarding disaster prevention are mainly at national level. Disaster prevention should nevertheless be approached at European level, since hazards often have cross-border impact and effects on the growth and competitiveness of the European Union (EU).

A Community approach should enhance the effectiveness of prevention action by adding to national actions in certain areas. This strategy is therefore based on three main themes:

  • Developing existing knowledge, so as to improve the effectiveness of prevention policies.

The Commission should facilitate the production of information and its comparability with regard to disaster factors. It will carry out an inventory of information sources and best practices, and dissemination of best practices in risk management procedures (land use planning, emergency plans, etc.). Risk areas should be mapped according to guidelines prepared at European level.

The 7th Research and Development Framework Programme (RDFP) supports the coordination of research activities and the dissemination of information on disaster risks.

  • Extending cooperation of actors involved in disaster management.

Prevention, preparedness, response and recovery activities should be based on coordinated mechanisms involving public and private actors. The creation of a network of those responsible at national level and specialists should serve to improve the coordination of Community, national and regional measures.

Links between detection and early warning systems should be developed, including in cooperation with Mediterranean third countries. The Commission must further develop the evaluation of the Civil Protection Mechanismand training will be carried out within the framework of the civil protection programme. Citizens should be better informed about prevention measures, as well as the existence of the emergency number 112 (pdf ).

  • Targeting legislative and financial instruments for prevention action.

Within the framework of the 2007-2013 budget, the Commission should identify the Community instruments which could finance prevention measures (for example in the areas of rural development, civil protection, environmental protection, research and information and communication technologies). If necessary, the Commission shall make recommendations for the integration of these measures in national operational programmes.

When certain legislative provisions are amended, the constraints related to disaster risk management should be better addressed. The following are particularly concerned: the SEA Directiveon the environmental impact of public and private projects, the SEVESO Directive on technological risks and the provisions concerning technical standards of anti-seismic construction. European legislation also coversflood management and oil spills.

International cooperation

This strategy should be implemented in cooperation with Candidate countries or potential Candidates for accession, with Neighbourhood Policy (ENP) partner countries and as part of the programme for prevention, preparedness and response to natural and man-made disasters (PPRD) within the Euro-Mediterranean Partnership.

The Commission will coordinate these actions with the European strategy for the reduction of risks in developing countries. This is to be in line with the international Hyogo Framework for Action 2005 – 2015 for disaster prevention.

Response to natural or man-made disasters

Response to natural or man-made disasters

Outline of the Community (European Union) legislation about Response to natural or man-made disasters

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Environment > Civil protection

Response to natural or man-made disasters

Document or Iniciative

Communication from the Commission to the European Parliament and the Council of 5 March 2008 on “Reinforcing the Union’s Disaster Response Capacity” [COM(2008) 130 final – Not published in the Official Journal].

Summary

The Commission has put forward proposals which aim to reinforce the European Union’s

disaster response capacity. The notion of ‘disaster’ is used in a broad sense to cover natural or man-made disasters and conflict-related emergencies taking place within the European Union (EU) and also outside its borders.

In order to react effectively to these disasters, a comprehensive approach including risk assessment, forecast, prevention, preparedness and rehabilitation is required. This also requires the mobilisation of all the policies, instruments and services available to the Community and Member States.

Planning, coordination and rapid response

The Commission stresses the need to reinforce the links between civil protection and the environmental policies included in environmental legislation in order to take full advantage of the preventive measures included in the latter. Importance is also placed on developing synergies with international, national and local stakeholders to achieve better coordination.

In particular, the Commission put forward the suggestion to streamline coordination between itself, the Council and Member States for large scale disasters involving both Community instruments and Common Foreign and Security Policy (CFSP) instruments. The Commission referred to the opportunity to establish joint planning and operational teams as well as to develop standard operational procedures adapted to different types of disasters and geographical areas.

The Commission reiterated that it manages many Rapid Alert Systems (RAS) in case of specific sectoral disasters. It also decides on Community humanitarian assistance and coordinates the Community Civil Protection Mechanism. Furthermore, the Commission has at its disposal a number of instruments it can use to finance disaster prevention measures or to alleviate the financial costs incurred by public authorities when undertaking emergency operations. These instruments include the European Regional Development Fund (ERDF), the European Union Solidarity Fund (EUSF), funds allocated for Rural Development, the Civil Protection Financial Instrument (CPFI) and the Instrument for Stability.

The Commission also has at its disposal a number of coordination tools for managing crisis situations more effectively, such as ARGUS, an internal mechanism developed in June 2006 to respond to multidimensional crises, and the RELEX Crisis Platform, established after the 2004 Tsunami, which assists political coordination between the Commission and Member States during external crisis situations.

Improving humanitarian aid

The Commission aims to improve the European Union’s humanitarian aid capacities. In particular this will be achieved by identifying existing gaps in terms of logistics, further strengthening the rapid assessment and response capacity in the field and improving liaison between the different actors involved.

Noting that the majority of disasters taking place in third countries do not trigger an international response and that when an international response is initiated, it often takes days for external assistance to reach the site, the Commission believes it is important to have an active expert presence in the field and to ensure that local authorities have the capacity to react immediately.

Reinforcing civil protection

In the field of civil protection, the Commission proposes to build up the Monitoring and Information Centre so that it can take on the role of the European Union’s operational centre for intervention. It also aims to improve the European Union’s response capacity, whilst keeping in reserve the means to rapidly intervene in the event of a disaster.

The Commission intends to undertake studies and finance diverse projects with the aim of developing a knowledge base on the EU’s capacity to intervene quickly in the event of major disasters in a Member State or third country. This will include studies on scenarios which aim to identify potential shortcomings and trial runs of different methods which would enable rapid intervention capacities to be kept in reserve. On this basis the Commission will put forward appropriate proposals.

The Commission suggests undertaking other measures in parallel, such as the creation of a European Disaster Response Training Network, the development of early warning systems and promoting the use of the single European emergency number (“112”).

The Communication includes an Annex on the subject of forest fires to clearly demonstrate how further prevention, preparedness, response and recovery measures could be combined to deal with such a disaster in a more effective manner.

Context

The increase in major disasters in recent years (the 2004 tsunami in Asia, the war in Lebanon in 2006, forest fires and floods in Europe in 2007) and the risk of increasingly frequent disasters due to climate change makes modernisation and adaptation of the European Union’s means of response essential.

In December 2007 the European Parliament and European Council invited the Council and Commission to make the best use of the Community Civil Protection Mechanism and the Civil Protection Financial Instrument to help prepare for major emergencies. Furthermore, in December 2007 the European Parliament and the European Council signed the European Consensus on Humanitarian Aid, a comprehensive framework for improved delivery of humanitarian aid at the European Union level.

Moreover, the Commission believes that a disaster management policy must include measures aimed at preventing this type of event. The Commission announced its intention to present an integrated approach to disaster prevention in the European Union, as well as a European Strategy for Disaster Risk Reduction in Developing Countries.

Civil Protection Mechanism

Civil Protection Mechanism

Outline of the Community (European Union) legislation about Civil Protection Mechanism

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Humanitarian aid

Civil Protection Mechanism

Document or Iniciative

Council Decision 2007/779/EC, Euratom of 8 November 2007 establishing a Community Civil Protection Mechanism (recast).

Summary

A cooperation mechanism is set up to improve the coordination of civil protection assistance intervention in major emergencies. Such cases may arise from a natural, technological, radiological or environmental disaster, including accidental marine pollution, or from a terrorist act, occurring or threatening to occur inside or outside the European Union (EU).

The mechanism is based on a series of elements and actions, including:

  • compiling an inventory of assistance and intervention teams available in EU countries;
  • establishing a training programme for members of such teams;
  • launching workshops, seminars and pilot projects on the main aspects of interventions;
  • setting up assessment and coordination teams;
  • establishing a Monitoring and Information Centre (MIC) and a common communication and information system;
  • establishing a Common Emergency Communication and Information System (CECIS) between the MIC and EU countries’ contact points;
  • helping to develop detection and early warning systems;
  • facilitating access to equipment and transport by providing information on the resources available from EU countries and identifying resources available from other sources;
  • making additional transport resources available.

Preparing for emergencies

In order to establish this mechanism, EU countries must in particular:

  • identify the teams available for intervention within 12 hours following a request for assistance;
  • select experts who can be called upon to take part in an assessment or coordination team;
  • develop interoperable intervention modules employing the resources of one or more EU countries, which are able to carry out missions in case of emergencies;
  • examine the possibility of providing additional specialised assistance should a particular emergency occur;
  • provide all relevant information for setting up the mechanism, not later than six months after the adoption of this decision;
  • designate the competent authorities and contact points for implementing this decision.

Furthermore, if they so wish, EU countries may provide information on the availability of military resources in their response to requests for assistance.

For its part, the European Commission assumes responsibility for setting up and managing the MIC, the CECIS and the training programme for intervention teams. It will mobilise and send small teams of experts to the site of the emergency to assess the needs and, if necessary, to help coordinate operations there. It will also introduce a programme of lessons learned from interventions and disseminate these lessons throughout the information system, as well as collect and centralise information on national medical resource availability.

Information on the national civil protection capabilities available for assistance interventions is compiled in a database. This includes the contents of the military database, compiled by the EU Military Staff (EUMS), giving it a broad picture of all resources available to manage the consequences of disasters.

Responding to emergencies

The operational heart of the mechanism is the MIC, which is based at the European Commission in Brussels. Through the MIC, which is accessible 24 hours a day, the Commission can facilitate the mobilisation of civil protection resources from EU countries in the event of an emergency.

Any participating country affected by or at risk of being affected by a major disaster – inside or outside the EU – can request assistance from an EU country directly or through the MIC. The MIC then immediately forwards the request to the network of national contact points. They inform the MIC whether they are in a position to offer assistance. The MIC then compiles the responses and informs the requesting country of the available assistance. The affected country selects the assistance it needs and establishes contact with the assisting countries. The MIC can also offer technical support, including improved access to satellite images, and acts as an information centre, collecting data and distributing regular updates to all participating countries.

While the requesting country is responsible for supervising the assistance operations, it is up to the country offering the assistance to appoint someone responsible for the implementation details of the operation. The requesting country can delegate the supervision of the operations to the intervention teams who must then coordinate their actions, if necessary with the support of the experts from the assessment and/or coordination teams.

In the case of an assistance intervention in a non-EU country, the Council Presidency is responsible for the political and strategic coordination of the operations, while the Commission retains its role as operational coordinator. Operational coordination involves in particular the task of facilitating dialogue and contact with the national contact points, the non-EU country affected and other relevant actors such as the services of the United Nations (UN). In addition, the UN is responsible for overall coordination of the operations when it is providing services at the scene of the emergency.

Candidate countries for EU accession and non-EU countries can participate in the mechanism. Today, 30 countries – the EU-27, Iceland, Liechtenstein and Norway – participate in the mechanism, which is funded on a year-by-year basis.

The Commission submits a report on the implementation of this decision every three years.

Background

In January 2006, the Commission proposed to reinforce the existing European Civil Protection Mechanism on the basis of past experience and to provide a suitable legal basis for future action in this area. This reinforcement is designed to deal with the increase in frequency and seriousness of natural and man-made disasters.

This cooperation instrument, resulting from the above Commission proposal, replaces the mechanism for assistance interventions established by Council Decision 2001/792/EC, Euratom, repealed by this decision.

References

Act Entry into force Deadline for transposition in the Member States Official Journal
Decision 2007/779/EC, Euratom

8.11.2007

OJ L 314 of 1.12.2007

Related Acts


Council Decision 2007/162/EC, Euratom of 5 March 2007 establishing a Civil Protection Financial Instrument [Official Journal L 71 of 10.3.2007].


The EU has an instrument that enables it to fund activities aimed at preventive action, preparedness and an effective response, particularly those carried out under the existing mechanism. This financial instrument covers the 2007-13 period and replaces the Community action programme in favour of civil protection, established by Council Decision 1999/847/EC.

Commission Decision 2004/277/EC, Euratom of 29 December 2003 laying down rules for the implementation of Council Decision 2001/792/EC, Euratom establishing a Community mechanism to facilitate reinforced cooperation in civil protection assistance interventions [Official Journal L 87 of 25.3.2004].

Council Resolution of 22 December 2003 on strengthening Community cooperation in the field of civil protection research [Official Journal C 8 of 13.1.2004].
The Council encourages the development of research projects on the reduction of natural and technological risks and on mitigating their consequences. It also encourages research institutes and other relevant entities to establish common objectives for preventing and reacting to natural or technological risks.

Council Resolution of 19 December 2002 on special civil protection assistance to outermost and isolated regions, to insular regions, to regions which are not easily accessible, and to sparsely populated regions, in the European Union [Official Journal C 24 of 31.1.2003].
The Council considers that outermost, isolated, distant insular and sparsely populated regions should benefit from measures suited to their individual situations. In particular, it encourages joint projects between regions with similar characteristics and the taking into consideration of these characteristics when planning responses to emergency situations, setting up specialised intervention teams and developing effective, reliable and adapted communication systems.

Council Resolution of 28 January 2002 on reinforcing cooperation in the field of civil protection training [Official Journal C 43 of 16.2.2002].
The Council invites the Commission to look at any initiatives supporting the creation of a network of schools and training centres active in the field of civil protection and to give financial support to this initiative and involve the candidate countries in its work. The Commission is also invited to consider the possibility of creating a European civil protection college to perpetuate such cooperation.