Explanatory Memorandum to COM(2000)593 - Community mechanism for the coordination of Civil Protection intervention in the event of emergencies

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1. Introduction

1.1. A series of natural, technological and environmental disasters have recently caused severe damage in a number of Member States and neighbouring countries. They have included earthquakes, the oil spill off the coast of Brittany, devastating storms in several Member States and disastrous flooding in some of the candidate countries. Dam failures in the Danube catchment area have caused serious pollution, and the recent fireworks explosion in the Netherlands resulted in considerable loss of life.

1.2. Experience of these major disasters has prompted calls for urgent improvement of Civil Protection action at Community level. The European Parliament has also adopted a number of Resolutions inviting the Commission to take such initiatives. The main common element in these calls is the request that, when a disaster occurs either within or outside the Union, the individual interventions of Civil Protection teams from the Member States should be coordinated more effectively. The purpose of the current proposal is thus to improve the coordination of interventions in the event of natural, technological and environmental disasters, including major accidental marine pollution. It also takes account of the Presidency Conclusions from the Santa Maria da Feira European Council of 19 and 20 June 2000, which noted that the Commission would shortly submit proposals in the area of Civil Protection.

1.3. This proposal for a strengthened Community mechanism for Civil Protection intervention supplements the existing Community Action Programme in the field of Civil Protection (2000-2004) i. Some of the proposed action, such as early notification, the identification of operational teams, the setting up of assessment and coordination teams and the establishment of common rules for joint interventions, is not provided for in the existing action programme. In addition, the target groups for the training programme to improve mutual intervention capability are quite different from those of the existing action programme. Finally, it should also be stressed that the proposed actions could not be accommodated within the existing programme because of the very limited resources allocated to it. Consistency and complementarity between the existing Action Programme and actions under the proposed mechanism will be ensured inter alia by the use of the same Management Committee.

1.4. Pending the outcome of the discussions in the European Parliament and in the Council on this proposal, the Commission is willing to merge the existing action programme with the proposed mechanism.

1.5. The Resolution of 8 July 1991 on improving mutual aid between Member States in the event of natural or technological disaster i is the basis for the current European Union system for dealing with emergencies. The key tool is the Operational Manual of Civil Protection in the European Union, which consists essentially of:

* a directory of competent authorities, including 24-hour contact points,

* an inventory of Civil Protection resources available in the Member States.

Through the Manual, a network has been created which enables Member States to contact one other directly or through the Commission. However, the Resolution does not actually require Member States to activate the Community system in the event of a disaster. The system is brought into operation only on the basis of a request from a Member State or a third country facing an emergency.

In the field of accidental marine pollution, a similar system for facilitating mutual assistance, encompassing a dedicated Community Information System, has been operating since the early 1980s.

1.6. There are also several other Community activities related to Civil Protection. These activities are presented in the annex to this memorandum.

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2. Present Community arrangements for dealing with emergencies


When a major emergency occurs, and at the request of a Member State or a third country, the current Community Civil Protection system ensures immediate activation of the operational Civil Protection structure on 24-hour call within the Directorate-General for the Environment. This structure is ready to facilitate or coordinate assistance from other Member States to the requesting Member State. Thus relevant expertise and other resources, which can be mobilised promptly and made available, are requested through the established Civil Protection network, consisting of the competent authorities and the Commission services.

For instance, following the Assisi earthquake in 1997 Italy used this operational Civil Protection structure to request shelters for the homeless in Umbria and Marche. Within a few hours, Austria provided shelters for 3 300 persons and other equipment. Several other Member States immediately offered other significant resources.

After the Erika oil spill of December 1999, the Commission seconded, inter alia, a liaison officer, a coordinator and three experts to assist the French authorities, and requests for equipment were sent out to the other Member States.

Another basic function of the operational structure is to collect validated information and disseminate it to the Member States. Experience with recent major incidents underlines the crucial political importance for the Member States of obtaining such information.

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3. Experience with the present arrangements


The essential advantage of the current system is its very light structure, the operation of which requires relatively few human and budgetary resources.

However, experience in recent years has shown that the present system lacks the capacity to mobilise significant and sufficient resources from Member States and to coordinate interventions as required. In addition, Member States do not always make sufficient use of the existing structure and the support and coordination potential it offers.

It also appears that Member States have not always been aware of operational resources available in the Member States and which could be provided as assistance, or of the possibility of mobilising these resources at an early stage of the emergency.

Furthermore, in the present system there are real difficulties to set up a joint assistance from several Member States: The operational teams do not know each other, neither they know the techniques used by their colleagues in other Member States. This results on a lack of efficiency when they are called to work together during an emergency.

Finally, communication with a Member State facing a major emergency are always extremely difficult and do not make easy rendering assistance from other Member States.

Accordingly, the current system appears unable to meet the real need for intervention by Member States' teams to be better coordinated. This clearly indicates the need for a significantly reinforced mechanism, as called for at the political level.

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4. Proposal for an improved mechanism


4.1. Four major elements have been identified which appear necessary in order to achieve the aims of an improved mechanism, namely:

* Pre-identification of intervention resources. Aim: to identify in advance the intervention teams available within the Civil Protection services of the Member States at very short notice (generally within a time frame of 2-24 hours after the emergency occurs) and which could be mobilised (their composition varying according to the type of emergency and the particular needs in that emergency).

* Training programme to improve response capability. Aim: to set up a training programme to improve the ability of these teams to work jointly and to promote optimum complementarity between them. This programme will encompass joint training courses and exercises, and opportunities for team members to be seconded for short periods to teams in other Member States.

* Assessment and coordination teams. Aim: to establish the capability to mobilise a small assessment and coordination team and dispatch it immediately to the scene in order to improve on-the-scene efficiency and coordination and determine which resources are most appropriate for dealing with the emergency as well as, where appropriate, to liaise with the competent authorities of the country requesting assistance.

* Establishment of a common emergency communication system. Aim: to develop a common operational emergency communication system between the Civil Protection administrations of the Member States and the relevant services of the Commission.

4.2. The abovementioned intervention teams would be the core component of the mechanism. However, in managing emergencies there is always a substantial need for flexibility, and so Member States and third countries should also be given the possibility of requesting other support involving specialised personnel and specific equipment needed to deal with the particular emergency. The Civil Protection authorities in the Member States, but also non-governmental organisations and other relevant entities, could provide these resources. Moreover it will be necessary to rely on a scientific and technical network able to contribute to the assessment of hazards and risks.

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5. Emergencies within the Union


In the event of an emergency within the Union, the mechanism will be activated by the Member State facing the emergency. This Member State must notify the emergency and may - if necessary - request assistance from other Member States. Such requests could be made either directly to other Member States or through the 24-hour operational structure of the Environment DG, using the emergency communication system provided for in the present proposal.

The Environment DG's 24-hour operational structure will start acting as soon as the notification is received; it will immediately make an initial assessment of the situation and, where necessary, inform the other Member States. It may then forward requests for teams, equipment or other specialised resources.

The structure may also make an assessment and coordination team available to the Member State facing the emergency. This team will then be able to liaise with the structure and with assisting Member States in order to put together the best joint intervention capability.

It should be stressed that responsibility for decision-making will in all cases remain entirely with the Member States requesting or providing the assistance.

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6. Emergencies outside the Union


Following a natural or technological disaster occurring outside the Union, a third country may call for assistance from the Community and/or its Member States. Such requests may be made directly to the Commission or through a Member State or other channels. Following such requests, the Environment DG's operational structure will activate the mechanism and proceed in the same way as for an emergency within the Union to coordinate the intervention of the teams of Member States willing to provide assistance.

Such intervention during the initial phase of a disaster would cover rescue tasks and immediate humanitarian requirements. It would be carried out in close cooperation with European Community Humanitarian Office (ECHO) to ensure a smooth transition to the phase in which the latter can provide humanitarian assistance.

The strengthened Civil Protection mechanism could also contribute to the Union's overall non-military response to crises in third countries under the Common Foreign Security Policy decided on at the Helsinki European Council.

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7. Necessary political commitments


Two important political issues have to be resolved to ensure the effectiveness of strengthened EU cooperation in this area, namely:

* a political commitment by Member States to participate in this enhanced European mechanism for coordination of interventions;

* Candidate Countries should also be invited to make a similar commitment to participate in the mechanism.

These issues are fundamental: recent experience with major disasters has shown the technical limitations of the existing system. Only a clear political desire, expressed at the highest level, to use and take advantage of the proposed mechanism will guarantee its long-term effectiveness.

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8. Legal basis


Article 2 of the Treaty establishing the European Community states, among other things, that the Community shall have as its task, by implementing the common policies and activities referred to in Article 3, to promote social cohesion and solidarity among Member States. Article 3 1) u of the Treaty says that those activities shall include measures in the sphere of civil protection. Article 308 EC provides therefore the legal basis.

Article 2 of the Treaty establishing the European Atomic Energy Community states in its Article 2 b that in performing its task the Community shall establish uniform safety standards to protect the health of workers and of the general public and ensure that they are applied. In Chapter 3 of the Euratom Treaty provisions are laid down with the aim to protect the health and safety of workers and the general public against the dangers arising from ionizing radiations. In order to attain one of the objectives of the Community the Euratom Treaty has provided for the legal basis in Article 203.

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9. Other matters


In addition to consultation of the Economic and Social Committee, this proposal will be submitted to the Committee of the Regions for an opinion, as a mechanism of this type is also of importance to regional and local authorities.


9.

Annex


Overview of other Community activities related to Civil Protection

A brief overview of Community activities in this field is required to explain the background and context of this proposal. Civil Protection can generally be defined as an inter-departmental activity. Its purpose is to ensure the protection of citizens, the environment and property. It encompasses the following four main phases:

* Prevention of accidents;

* Preparedness for immediate response;

* Response to emergencies;

* Restoration measures after disasters

Aside from the Community systems described above for facilitating mutual assistance, the core elements of the EU's present general activities of significance to Civil Protection come under three headings:

* Civil Protection: on 9 December 1999 the Council adopted a five-year (2000-2004) Community Action Programme in the field of Civil Protection i. This is not intended to replace the Member States' own efforts in this field, but rather, in accordance with the principle of subsidiarity, to support and to supplement them. The Programme's two main priorities are prevention of disasters and public information. Various other actions are also provided for, such as workshops, exchanges of experts, and exercises, with a view to improving the degree of preparedness in the Community and sharing experience.

* Accidental Marine Pollution: Community cooperation in this field has been developing since 1978. A European Parliament and Council Decision setting up a consolidated seven-year (2000-2006) Community Framework for Cooperation in the field of accidental marine pollution should soon be finalised (Dossier inter-institutionnel 98/0350(COD)). The actions to be implemented within this framework include training courses, pilot projects to improve clean-up techniques and the establishment of a Community Information System. The overall purpose of Community action in this field is to contribute to and support the efforts made by Member States to improve their capacity to respond to marine pollution incidents.

* Seveso II: Council Directive 96/82/EC i on the control of major-accident hazards ("Seveso II" Directive) is intended to prevent major-accident hazards involving dangerous substances and limit their consequences for man and the environment. It introduced new requirements relating to safety management systems, emergency planning and land-use planning as well as provisions on inspections to be carried out by Member States.

Many other Commission policies include initiatives which also contribute to the aims of Civil Protection, (i.e. protection of citizens, the environment and property), as in the following areas:

* Radiation protection: Council Decision 87/600/Euratom i on the early exchange of information in the event of a radiological emergency. The ECURIE 24-hour system is regularly tested with Member States' contact points, and technical developments are made with support of the Joint Research Centre in Ispra. In addition, Council Regulation (Euratom) No 3954/87 i requires the Commission, if necessary, to adopt immediately the maximum permitted level of radioactive contamination of food and feedingstuffs.

* Structural Funds: Another important element of Community action in the field of Civil Protection is the substantial financial support given to regions which may be affected by disasters, whenever the areas are covered by the objectives of the Structural Funds. Programmes co-financed by the Structural Funds allow room for manoeuvre in the event of emergency situations. Various options have been taken in the past to deal with natural disasters. It is possible to request financial transfers between different measures within a single programme or between different programmes in the same Member State, though this option is only available in certain circumstances. The new guidelines for programmes to be co-financed by the ERDF in the framework of the INTERREG III Community Initiative explicitly include Civil Protection and disaster prevention. Preventive action such as this is provided for both in the cross-border cooperation part and in the transnational cooperation part of the INTERREG III Community initiative.

* Enterprise: Council Directive 89/106/EEC i on construction products aims to ensure that the performance of such products allows buildings and other construction works to satisfy essential requirements, including mechanical stability, fire safety and safety in use. Finance and support are provided for related standardisation activity and the development of European structural design codes (Eurocodes), taking into account inter alia the behaviour of constructions in the event of natural hazards, such as fire, seismic activity and snow loads.

* Agriculture: Council Regulation (EEC) No 2158/92 of 23 July 1992 i on protection of the Community's forests against fire underpins the efforts of the Member States to prevent forest fires, while ensuring at the same time that forestry measures with support from other sources, such as rural development in areas subject to fire risk, are linked to protection systems through the implementation of integrated forest-fire protection plans. In addition, this Regulation has enabled a Community Information System on forest fires to be set up, whereby information can be exchanged between international/supranational organisations acting in this field.

* Energy and Transport: Concerning safety in the field of road transport, related Community legislation takes the form of various policy and technical measures. There are social provisions which cover standards for gaining a driving licence, rules on driving times and rest hours for commercial vehicle drivers as well as the requirement to wear seatbelts. In terms of technical measures there is roadworthiness testing and there are many vehicle type approval safety standards. There are also standards for the carriage of dangerous goods, limiting the maximum speed, weights and dimensions of heavy commercial vehicles. Major efforts are also taken to improve road safety culture. A Communication on Road Safety was adopted recently. Activities on maritime safety aim to prevent accidents from happening and to protect lives, the environment and the safety of navigation. A particular emphasis has been given to oil tanker safety, especially with the adoption by the Commission of a package of proposals to prevent disasters like the Erika one. As part of the 'Galileo initiative', the Commission is preparing future Community action which will have substantial impact on the organisation of search and rescue services, especially the location of victims of accidents. The same may hold true for the preparation of some Community legislation in the context of the 'Single European Sky'. Regarding safety in the nuclear sector, responsibilities rest primarily with Member States' national organisations. International conventions exist covering early notification and assistance in case of nuclear accident or radiological emergency.

* Research: Under the fifth Framework Programme, through the Generic Activities section of the Environment Research Programme, support is being provided for projects dealing with the fight against major natural and technological hazards. Natural hazard priorities include seismic risks, floods and hydrogeological risks, volcanic hazards and forest fires. Activities relating to technological hazards are focusing on the understanding of processes, and the assessment, forecasting, mitigation and management of risks relating to the operation of man-made structures and industrial plants.

* Joint Research Centre: Under the fifth Framework Programme, the Joint Research Centre has already provided scientific and technical support for Community cooperation on Civil Protection, including monitoring of floods and forest fires, establishment of the Community disaster information exchange system, decision-support techniques, risk assessment, prevention of technological disasters and environmental quality assessment. The Joint Research Centre can also provide technical support in relation to natural and technological disasters, including risk assessment and preventive measures.

* Information society: The Trans-European Telecommunications Networks (TEN-Telecom) programme supports projects in the field of risk and emergency management, such as flood management, forest fires, earthquakes, industrial risk management, sea ice and coastal water monitoring, and supervision of unattended points. The IST programme supports projects relating to environmental protection and demining, as well as implementation of the Council Decision of 29 July 1991 on the introduction of a single European emergency call number (112). i A coordination group of representatives from industry and the emergency authorities was recently set up to investigate access for the emergency services to location information relating to emergency calls.

* Education and Culture: Various projects have a bearing on Civil Protection, in particular under the Leonardo programme and in the framework of the European Voluntary service.

* External Relations: In the framework of the Common European Security and Defence Policy, the Union is developing a capability in non-military crisis management. The Community, through the Commission, is already playing a conspicuous external political role through a wide range of instruments of diverse purpose and aimed at various regions. The Commission's capability to deal promptly and efficiently with threatened and actual crises will involve wide-ranging adaptation of existing instruments. The Commission proposal for a Rapid Reaction Facility now under consideration within the Council will support first-pillar actions relating to crisis prevention and management and requiring urgent financing not possible under current budgetary practice. The Rapid Reaction Facility and the new Crisis Management Unit being established within the Commission should be considered as only two, mutually supporting, components. This will also entail further measures, including new strategic thinking on how to promote proactive contribution from the Commission and increase the latter's visibility in security-related matters. The ACP-EC Partnership Agreements contain specific clauses and financing possibilities for disaster prevention and emergency assistance.

* Health and Consumer protection: The action programme on injury prevention will contribute to public health activities, which seek to reduce the incidence of injuries. In addition, an inter-service group has been established for matters concerning hotel fire safety. A report on hotel fire safety is envisaged before the end of the year 2000. Fire safety aspects will be examined as part of the safety of certain services, within the activities on service safety announced by the Commission in the Consumer Policy Action Plan 2000-2001.

* ECHO: ECHO is one of the world's leading donors of humanitarian assistance outside the European Union. In recent years it has spent annually a total of EUR 500 to 800 million in over 60 countries. Humanitarian assistance for the victims of natural catastrophes in third countries amounted to EUR 64 million in 1999. ECHO's disaster preparedness programme ("DIPECHO") finances pilot projects in several disaster-prone regions of the world. It is based on Regulation (EC) No 1257/96 on humanitarian aid, which stipulates that one of the principal objectives of humanitarian aid operations is 'to ensure preparedness for risks of natural disasters or comparable exceptional circumstances and use a suitable rapid early-warning and intervention system' (Article 2(f)). DIPECHO has a budget of EUR 7.5 million in 2000. With a view to enhancing its early warning capacity, ECHO is currently developing an Internet-based information system to systematically monitor disaster-prone areas world-wide. By analysing carefully selected specialist Internet sites, satellite imagery services and databases, the system will provide a daily analysis of the state of the world with respect to potential disasters.

* Justice and Home Affairs: Police involvement in Civil Protection activities concerns victim identification by forensic experts, as well as matters of public order and security. In addition, civilian police will be an important component of the abovementioned non-military crisis management capability. Police cooperation issues are covered by the Treaty on European Union, which gives the Commission corresponding responsibilities.