Considerations on COM(2020)220 - Amendment of Decision No 1313/2013/EU on a Union Civil Protection Mechanism - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2020)220 - Amendment of Decision No 1313/2013/EU on a Union Civil Protection Mechanism. |
|---|---|
| document | COM(2020)220  |
| date | May 20, 2021 |
| (2) | Whilst the primary responsibility for preventing, preparing for and responding to natural and man-made disasters lies with the Member States, the Union Mechanism, and in particular rescEU, promotes solidarity between Member States in accordance with Article 3(3) of the Treaty on European Union. The Union Mechanism does so by strengthening the Union’s collective response to natural and man-made disasters through the establishment of a reserve of capacities that complement the existing capacities of Member States, when capacities available at national level are not sufficient, thereby enabling more effective preparedness and response, and by enhancing disaster prevention and preparedness. Adequate financial appropriations are required in order to establish, deploy and operate rescEU capacities and to be able to further develop the European Civil Protection Pool and cover additional costs stemming from adaptation grants and the operation of capacities committed to the European Civil Protection Pool. |
| (3) | The unprecedented experience of the COVID-19 pandemic has demonstrated that the Union and Member States need to be better prepared to respond to large-scale emergencies that impact several Member States simultaneously, and that the existing legal framework on health and civil protection should be reinforced. The COVID-19 pandemic has also highlighted how the consequences of disasters for human health, the environment, society and the economy can take on devastating proportions. During the COVID-19 pandemic, the Union was able, based on the existing provisions of Decision No 1313/2013/EU, to rapidly adopt implementing provisions to expand rescEU capacities to include stockpiling of medical countermeasures comprising vaccines and therapeutics, and of intensive care medical equipment, personal protective equipment and laboratory supplies, for the purpose of preparedness and response to a serious cross-border threat to health. In order to enhance effectiveness regarding preparedness and response actions, new provisions strengthening the current legal framework, including by enabling the Commission to directly procure, under specific conditions, the necessary rescEU capacities, could further reduce deployment time in the future. It is also important that the operations of rescEU be well coordinated with national civil protection authorities. |
| (4) | The Members of the European Council in their Joint Statement of 26 March 2020 and the European Parliament in its resolution of 17 April 2020 on EU coordinated action to combat the COVID-19 pandemic and its consequences (6) invited the Commission to make proposals for a more ambitious and wide-ranging crisis management system within the Union. |
| (5) | Climate change is leading to an increase in the frequency, intensity and complexity of natural disasters within the Union and worldwide, and thus to a need for a high degree of solidarity among countries. Natural disasters, such as forest fires, can lead to loss of lives, livelihoods and biodiversity, cause the release of high amounts of carbon emissions, and cause a decrease in the carbon absorption capacity of the planet, which further exacerbates climate change. It is therefore essential that prevention of, preparedness for and response to disasters be strengthened and that the Union Mechanism comprise sufficient capacities, including during the rescEU transitional period, to act when forest fires and other climate-related natural disasters occur. |
| (6) | The Union remains committed to gender-sensitive civil protection, including addressing specific vulnerabilities, and exchange on best practices concerning gender-related issues that arise during disasters and their immediate aftermath, including the support provided to victims of gender-based violence. |
| (7) | On the basis of the principles of solidarity and universal coverage of quality health services and the central role of the Union in accelerating progress on global health challenges, the Union Mechanism should contribute to improving prevention, preparedness and response capacity also in respect of medical emergencies. |
| (8) | Member States are, in full respect of their national structures, encouraged to ensure that first responders are adequately equipped and prepared to respond to disasters. |
| (9) | To strengthen cooperation in responding to disasters, administrative processes should be streamlined where possible in order to ensure prompt intervention. |
| (10) | In order to be better prepared when confronted with disasters impacting multiple Member States in the future, urgent action is required to reinforce the Union Mechanism. The reinforcement of the Union Mechanism should complement Union policies and funds and should not be a substitute for the mainstreaming of disaster resilience into those policies and funds. |
| (11) | Data on losses caused by disasters are crucial for a robust assessment of risks, the development of evidence-based scenarios for potential disasters and the implementation of effective risk management measures. Therefore, Member States should continue to work on improving the collection of disaster loss data, in line with the commitments already undertaken under international agreements, such as the Sendai Framework for Disaster Risk Reduction 2015-2030, the Paris Agreement adopted under the United Nations Framework Convention on Climate Change (7) and the United Nations 2030 Agenda for Sustainable Development. |
| (12) | To improve resilience and planning for disaster prevention, preparedness and response, the Union should continue to advocate for investment in prevention of disasters across borders and sectors, and for comprehensive risk management approaches that underpin prevention and preparedness, taking into account a multi-hazard approach, an ecosystem-based approach and the likely impacts of climate change, in close cooperation with the relevant scientific communities, key economic operators, regional and local authorities and non-governmental organisations operating in the field, without prejudice to the established Union coordination mechanisms and competence of the Member States. To that effect, the Commission should work together with Member States to define and develop Union disaster resilience goals in the area of civil protection, as a non-binding common baseline to support prevention and preparedness actions in the event of disasters with a high impact which cause or are capable of causing multi-country transboundary effects (i.e. effects on several countries, irrespective of whether they share a border or not). The Union disaster resilience goals should take into account the immediate social consequences of disasters and the need to ensure that critical societal functions are preserved. |
| (13) | Regular risk assessments and analyses of disaster scenarios at national and, where appropriate, subnational level, are crucial to detecting gaps in prevention and preparedness and reinforcing resilience, including by using Union funds. Such risk assessments and analyses of disaster scenarios should focus on risks that are specific to the region concerned and should, where relevant, cover cross-border cooperation. |
| (14) | In developing Union disaster resilience goals to support prevention and preparedness actions, particular attention should be given to the consequences of disasters for vulnerable groups. |
| (15) | The role of regional and local authorities in disaster prevention and management is of great importance, and, where appropriate, their capacities are included in the activities carried out under Decision No 1313/2013/EU, with a view to minimising overlaps and fostering interoperability.There is therefore also a need for on-going cooperation at local and regional levels across borders, with a view to developing common alert systems for rapid intervention prior to the activation of the Union Mechanism. Similarly, and having regard to national structures, it is important to acknowledge the need to provide technical training assistance to local communities to enhance their first response capacities where appropriate. It is also important to keep the public informed on initial response measures. |
| (16) | The Union Mechanism should continue to exploit synergies with the Union framework on the resilience of critical entities. |
| (17) | As an operational centre at Union level that functions 24 hours a day, seven days a week, with capacity to follow and support operations in various types of emergencies, within and outside the Union, in real-time, the Emergency Response Coordination Centre (ERCC) should be further strengthened. This should include enhanced coordination of the ERCC with Member States’ national civil protection authorities, as well as with other relevant Union bodies. The work of the ERCC is supported by scientific expertise, including that provided by the European Commission’s Joint Research Centre. |
| (18) | The Union Mechanism should make use of Union space infrastructure such as the European Earth Observation Programme (Copernicus), Galileo, Space Situational Awareness and GOVSATCOM, which provide important Union-level tools to respond to internal and external emergencies. Copernicus Emergency Management Systems provide support to the ERCC in the various emergency phases from early warning and prevention to disaster response and recovery. GOVSATCOM serves to provide secure satellite communication capability specifically tailored to the needs of governmental users in emergency management. Galileo is the first global satellite navigation and positioning infrastructure specifically designed for civilian purposes in Europe and worldwide, and can be used in other areas such as emergency management, including early warning activities. Galileo’s relevant services include an emergency service which broadcasts, through emitting signals, warnings regarding natural or man-made disasters in particular areas. Given its potential for saving lives and facilitating the coordination of emergency actions, Member States should be encouraged to use Galileo. Where they decide to use it, in order to validate the system, Member States should identify the national authorities that are competent to use Galileo and notify the Commission of those authorities. |
| (19) | During the COVID-19 pandemic, the lack of sufficient transport and logistical resources was identified as a key obstacle as regards the Member States being able to provide or receive assistance. Therefore, transport and logistical resources should be defined as rescEU capacities. In order to ensure uniform conditions for the implementation of Decision No 1313/2013/EU, implementing powers should be conferred on the Commission to allow it to define transport and logistical resources as rescEU capacities and to allow it to rent, lease or otherwise contract such capacities to the extent necessary to address the gaps in the areas of transport and logistics. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council (8). Furthermore, in order to have the operational capacity to respond swiftly to a large-scale disaster which causes or is capable of causing multi-country transboundary effects or to a low probability event with a high impact, the Union should also have, in duly justified cases of urgency and in consultation with the Member States, through the adoption of immediately applicable implementing acts pursuant to the urgency procedure, the possibility of acquiring, renting, leasing or otherwise contracting material means and necessary enabling support services defined as rescEU capacities, where those means and services cannot be made immediately available by Member States. This would allow the Union to react without delay to emergencies which might have a high impact on lives, health, the environment, property, or cultural heritage, and which affect multiple Member States at the same time. Such material means exclude modules, teams and categories of experts and are meant to assist Member States overwhelmed by disasters. |
| (20) | In order to make the best use of the experience gained so far with trusted logistical networks managed by relevant international organisations inside the Union, such as the UN Humanitarian Response Depots, the Commission should consider such networks when acquiring, renting, leasing or otherwise contracting rescEU capacities. Relevant Union agencies should be appropriately involved and consulted in matters related to the Union Mechanism that fall under their remit. It is particularly important that the European Medicines Agency and the European Centre for Disease Prevention and Control be consulted where appropriate as regards the definition, management and distribution of capacities dedicated to responding to medical emergencies. |
| (21) | It should be possible to use for national purposes rescEU capacities acquired, rented, leased or otherwise contracted by Member States, but only when not used or needed for response operations under the Union Mechanism. |
| (22) | The Union has an interest in responding to emergencies in third countries, where needed. Whilst primarily established for use as a safety net within the Union, in duly justified cases and taking into account humanitarian principles, it should be possible to deploy rescEU capacities outside the Union. The deployment decision should be made in accordance with the existing provisions on the deployment decisions of rescEU capacities. |
| (23) | The Union Mechanism should ensure that there is an adequate geographical distribution of reserves, including as regards essential medical countermeasures and personal protective equipment, in particular those that respond to low probability disasters with a high impact, in synergy with, and in a manner that complements, the EU4Health Programme established under Regulation (EU) 2021/522 of the European Parliament and of the Council (9), the Emergency Support Instrument established under Council Regulation (EU) 2016/369 (10), the Recovery and Resilience Facility established under Regulation (EU) 2021/241 of the European Parliament and of the Council (11) and other Union policies, programmes and funds, and complementing national stockpiling at Union level where needed. |
| (24) | The COVID-19 pandemic has shown the key importance of systematically bringing together and sharing relevant knowledge across all phases of the disaster risk management cycle. That finding and the experience gained so far in the process of developing the Union Civil Protection Knowledge Network indicate that its role as a processing unit within the Union Mechanism should be further refined. |
| (25) | Obtaining the necessary transport and logistical resources is essential to allow the Union to respond to any kind of emergency situation within and outside the Union. It is imperative to ensure timely transport and delivery of assistance and aid within the Union, but also to outside the Union and from outside the Union. Therefore, the affected countries should be able to request assistance consisting only of transport and logistical resources. |
| (26) | Decision No 1313/2013/EU sets out a financial envelope for the Union Mechanism that constitutes the prime reference amount within the meaning of point 17 of the Interinstitutional Agreement of 2 December 2013 between the European Parliament, the Council and the Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management (12) intended to cover programme expenditure until the end of the 2014-2020 budgetary period. That financial envelope should be updated as from 1 January 2021, the date of application of Council Regulation (EU, Euratom) 2020/2093 (13), to reflect the new figures provided in that Regulation. |
| (27) | In accordance with Council Regulation (EU) 2020/2094 (14) establishing a European Union Recovery Instrument and within the limits of the resources allocated therein, recovery and resilience measures under the Union Mechanism should be carried out to address the unprecedented impact of the crisis caused by the COVID-19 pandemic. Such measures should, in particular, include measures to increase the level of the Union’s preparedness and enable a quick and effective Union response in the event of major emergencies, including measures such as stockpiling of essential supplies and medical equipment and acquisition of the necessary infrastructure for rapid response. Such additional resources should be used in such a way as to ensure compliance with the time limits provided for in Regulation (EU) 2020/2094. |
| (28) | Reflecting the importance of tackling climate change in line with the Union’s commitments to implement the Paris Agreement, and the commitment to the United Nations Sustainable Development Goals, the actions under Decision No 1313/2013/EU should contribute to the achievement of an overall target of at least 30 % of the total amount of the Union budget and the European Union Recovery Instrument expenditures supporting climate objectives and the ambition of 7,5 % of the budget reflecting biodiversity expenditure in 2024 and 10 % in 2026 and 2027 while considering the existing overlaps between climate and biodiversity goals. |
| (29) | Given that the deployment of rescEU capacities for response operations under the Union Mechanism provides significant Union added value by ensuring an effective and fast response to people in emergencies, further visibility obligations should be laid down in order to provide information to Union citizens and the media and also to provide prominence to the Union. National authorities should receive communication guidance from the Commission for specific interventions to ensure that the Union’s role is appropriately publicised. |
| (30) | Taking into account recent operational experience, in order to further strengthen the Union Mechanism and in particular to simplify the process of rapid rescEU implementation, development costs of all rescEU capacities should be fully financed from the Union budget. |
| (31) | In order to support Member States to also deliver assistance outside the Union, the European Civil Protection Pool should be further reinforced by co-financing the operational costs of the committed capacities at the same level, irrespective of whether they are deployed inside or outside the Union. |
| (32) | In order to ensure flexibility in supporting Member States with transport and logistical resources, in particular in large scale disasters, it should be possible to fully finance from the Union budget the transport within the Union or to the Union from third countries of cargo, logistical means and services deployed as rescEU capacities. |
| (33) | The Union Mechanism should also provide transport assistance needed in environmental disasters through the application of the ‘polluter pays’ principle, under the responsibility of the competent national authorities, in accordance with Article 191(2) of the Treaty on the Functioning of the European Union (TFEU), and in line with Directive 2004/35/CE of the European Parliament and of the Council (15). |
| (34) | In order to increase flexibility as well as to achieve optimal budget implementation, this Regulation should provide for indirect management as a method of budget implementation, to be used where justified by the nature and content of the action concerned. |
| (35) | In accordance with Article 193(2) of Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council (16) (the ‘Financial Regulation’), a grant may be awarded for an action which has already begun, provided that the applicant can demonstrate the need for starting the action prior to signature of the grant agreement. However, the costs incurred prior to the date of submission of the grant application are not eligible, except in duly justified exceptional cases. In order to avoid any disruption in Union support which could be prejudicial to Union interests, it should be possible to provide in the financing decision, for a limited period of time at the beginning of the multiannual financial framework 2021-2027, and only in duly justified cases, that costs incurred in respect of actions supported under Decision No 1313/2013/EU which have already begun be considered eligible as of 1 January 2021, even if they were incurred before the grant application was submitted. |
| (36) | In order to promote predictability and long-term effectiveness when implementing Decision No 1313/2013/EU, the Commission should adopt annual or multi-annual work programmes indicating the planned allocations. This should help the Union to have more flexibility in budgetary execution and thereby enhance prevention and preparedness actions. In addition, the projected future allocations should be presented and discussed on a yearly basis in the committee assisting the Commission in accordance with Regulation (EU) No 182/2011. |
| (37) | The Commission reports on the implementation of the budget of the Union Mechanism in accordance with the Financial Regulation. |
| (38) | Horizontal financial rules adopted by the European Parliament and the Council on the basis of Article 322 TFEU apply to Decision No 1313/2013/EU. Those rules are laid down in the Financial Regulation and determine in particular the procedure for establishing and implementing the budget through grants, procurement, prizes and indirect implementation, and provide for checks on the responsibility of financial actors. Rules adopted on the basis of Article 322 TFEU also include a general regime of conditionality for the protection of the Union budget. |
| (39) | While prevention and preparedness measures are essential to enhance the resilience of the Union in facing natural and man-made disasters, the occurrence, timing and magnitude of disasters are by nature unpredictable. As shown in the recent COVID-19 crisis, financial resources required to ensure an adequate response can vary significantly from year to year and should be made available immediately. Reconciling the budgetary principle of predictability with the necessity to react rapidly to new needs therefore means having to adapt the financial implementation of the work programmes. Consequently, it is appropriate to authorise carry-over of unused appropriations, limited to the following year and solely devoted to response actions, in addition to the carry-over of appropriations authorised under Article 12(4) of the Financial Regulation. |
| (40) | In accordance with the Financial Regulation, Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council (17) and Council Regulations (EC, Euratom) No 2988/95 (18), (Euratom, EC) No 2185/96 (19) and (EU) 2017/1939 (20), the financial interests of the Union are to be protected by means of proportionate measures, including measures relating to the prevention, detection, correction and investigation of irregularities, including fraud, to the recovery of funds lost, wrongly paid or incorrectly used, and, where appropriate, to the imposition of administrative penalties. In particular, in accordance with Regulations (Euratom, EC) No 2185/96 and (EU, Euratom) No 883/2013, the European Anti-Fraud Office (OLAF) has the power to carry out administrative investigations, including on-the-spot checks and inspections, with a view to establishing whether there has been fraud, corruption or any other illegal activity affecting the financial interests of the Union. The European Public Prosecutor’s Office (EPPO) is empowered, in accordance with Regulation (EU) 2017/1939, to investigate and prosecute criminal offences affecting the financial interests of the Union as provided for in Directive (EU) 2017/1371 of the European Parliament and of the Council (21). In accordance with the Financial Regulation, any person or entity receiving Union funds is to fully cooperate in the protection of the financial interests of the Union, grant the necessary rights and access to the Commission, OLAF, the Court of Auditors and, in respect of those Member States participating in enhanced cooperation pursuant to Regulation (EU) 2017/1939, the EPPO, and ensure that any third parties involved in the implementation of Union funds grant equivalent rights. For that reason, agreements with third countries and territories and with international organisations, and any contract or agreement resulting from the implementation of Decision No 1313/2013/EU, should contain provisions expressly empowering the Commission, the Court of Auditors, the EPPO and OLAF to conduct such audits, on-the-spot checks and inspections, in accordance with their respective competences and ensuring that any third parties involved in the implementation of Union funding grant equivalent rights. |
| (41) | Third countries which are members of the European Economic Area (EEA) may participate in Union programmes in the framework of the cooperation established under the Agreement on the European Economic Area (22), which provides for the implementation of the programmes on the basis of a decision adopted under that Agreement. Third countries may also participate on the basis of other legal instruments. A specific provision should be introduced in Decision No 1313/2013/EU requiring third countries to grant the necessary rights and access required for the authorising officer responsible, OLAF and the Court of Auditors to comprehensively exercise their respective competences. |
| (42) | During the COVID-19 pandemic, in order to have functioning rescEU capacities and for the Union Mechanism to effectively respond to the needs of Union citizens, additional financial appropriations have been made available to finance actions under the Union Mechanism. It is important to give the Union the necessary flexibility to be able to react effectively to the unpredictable nature of disasters, while at the same time maintaining a certain predictability in the fulfilment of the objectives set out in Decision No 1313/2013/EU. It is important to achieve the necessary balance in the fulfilment of those objectives. In order to update the percentages set out in Annex I according to the priorities of the Union Mechanism, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making (23). In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States’ experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. |
| (43) | Decision No 1313/2013/EU should therefore be amended accordingly. |
| (44) | In order to ensure continuity in providing support in the relevant policy area and to allow implementation to start from the beginning of the multiannual financial framework 2021-2027, this Regulation should enter into force as a matter of urgency and should apply, with retroactive effect, from 1 January 2021, |