(Utkast) Kommisjonens gjennomføringsbeslutning (EU) …/… om fastsettelse av regler for gjennomføring av europaparlaments- og rådsbeslutning nr. 1313/2013/EU om en unions sivilbeskyttelsesmekanisme og opphevelse av Kommisjonens gjennomføringsbeslutning 2014/762/EU og (EU) 2019/1310
EUs ordning for sivil beredskap: endringsbestemmelser
Utkast til kommisjonsbeslutning godkjent av komite (representanter for medlemslandene) og publisert i EUs komitologiregister 18.3.2024
Bakgrunn
(fra kommisjonsbeslutningen)
(1) Pursuant to Article 1(1) of Decision No 1313/2013/EU, the Union Civil Protection Mechanism (‘the UCPM’) is to strengthen cooperation between the Union and the Member States and to facilitate coordination in the field of civil protection in order to improve the effectiveness of systems for preventing, preparing for and responding to natural and man-made disasters.
(2) By adoption of Decision (EU) 2019/420 of the European Parliament and of the Council2 , Decision No 1313/2013/EU was amended to strengthen the UCPM by, among other things, increasing the Union’s financial assistance to the European Civil Protection Pool (‘ECPP’) and establishing rescEU as a reserve of Union civil protection capacities. Prior to that, Commission Implementing Decisions 2014/762/EU3 , (EU) 2018/142 4 and (EU) 2019/1310 5 were adopted in order to provide a framework for the implementation of Decision No 1313/2013/EU.
(3) In order to implement the legal framework resulting from the amendment of Decision No 1313/2013/EU properly, the implementing rules should be updated, in particular to provide definitions and provisions on technical assistance and support teams (‘TAST’), the Union Civil Protection Team’ (‘EUCP Team’), including their registration, other response capacities, as well as to consistently refer to the ECPP and rescEU, update rules on certification, registration and donation of capacities under the UCPM, provide for clear rules on Host Nation Support, and a simplified procedure on requesting and receiving Union assistance.
(4) In order to simplify and facilitate access to the provisions that are currently included in two Implementing Decisions, they should be merged in into one act.
(5) The Common Emergency Communication and Information System (‘the CECIS’) is an essential element of the UCPM. It guarantees the authenticity, integrity and confidentiality of information exchanged between the Member States both in routine conditions and in emergencies. A separate version of the CECIS that provides access for the secretariats of the regional sea conventions and third countries sharing a regional sea basin with the Union should be maintained in view of the specific requirements for responding to marine pollution incidents.
(6) In order to ensure operational effectiveness, minimum requirements should be determined for the response capacities as provided for in Article 9 of Decision No 1313/2013/EU. A response capacity should be self-sufficient and independent of any support provided by the country benefiting from its operation. Rules on self-sufficiency should allow elements required for self-sufficient operation to be arranged for or procured in the country receiving the assistance.
(7) A certification and registration procedure should be established in order to confirm that response capacities in the European Civil Protection Pool (‘ECPP’) fulfil the necessary requirements.
(8) Due to the complexity and multi-component nature of some rescEU capacities and the interoperability requirements for their components, certification for rescEU capacities will be required only for those capacities identified by the Commission. The capacities requiring certification will be identified following discussion with Member State experts in the relevant Commission expert group. Based on this identification, relevant rescEU capacities may need to undergo the Union certification process as those in the European Civil Protection Pool. Since the rescEU reserve serves as a last resort for assistance under the Union Civil Protection Mechanism, rescEU capacities that are in the process of completing the Union certification may still be deployed, if needed.
(9) The concept of pre-commitment of ECPP response capacities should be defined because, pursuant to Article 23(2) of Decision No 1313/2013/EU, the amount of Union financial assistance for the deployment of response capacities under the UCPM depends on whether the response capacities are pre-committed to the ECPP.
(10) Pursuant to Article 21(2), point (c), of Decision No 1313/2013/EU, response capacities benefiting from Union financial support for adaptation costs are to be made available as part of the ECPP for a minimum period. This minimum period is to be linked to the funding received and is to range between 3 and 10 years starting from a response capacity’s effective availability date, except where their economic lifespan is shorter. The exact period of commitment should be specified in order to guarantee legal certainty.
(11) In order to make the results of the actions taken under the UCPM visible to citizens, appropriate visibility arrangements should be provided to ECPP and rescEU response capacities used for response operations.
(12) In accordance with Article 12(5) of Decision No 1313/2013/EU, which foresees that Member States may engage in national use of rescEU capacities when not used or needed for response operations under the Union Civil Protection Mechanism, Member States that host rescEU capacities of a consumable nature should be allowed to donate those capacities.
(13) Such possibility aims to ensure the sustainable management of the rescEU stockpile concerning capacities which can be expected not to be used for response operations under the Union Civil Protection Mechanism before the expiry of their operational lifespan. Such donation of consumable capacities enables a much more cost-effective use. It should be done after prior consent of the Commission. In coordination with the Commission, Member States that host rescEU capacities should be allowed to donate those capacities when they are close to expiry, to ensure that they are used.
(14) Where Member States offer assistance they should ensure that the assistance offered is of an appropriate quality and fit for its intended use.
(15) Response capacity goals should be established for the ECPP. The Commission should regularly assess their suitability on the basis of risks identified in national risk assessments and other sources of information. Member States should be kept informed about progress made in achieving the response capacity goals.
(16) The UCPM Training, Exercises and Exchange of Experts programme remains key to the preparedness of civil protection and disaster management personnel and response capacities deployed in the context of the UCPM. In accordance with the scope established in Article 13(1) of Decision No 1313/2013/EU, the programme should cover the prevention, preparedness and response phases.
(17) In order to strengthen disaster resilience in the area of civil protection, lessons identified should be implemented in a manner that is comprehensive and covers the full disaster management cycle of prevention, preparedness, response and recovery, and is sustainable. Due account should therefore be taken of the impact of climate change and environmental degradation on disaster risks. Prevention and mitigation of the environmental impact of disasters should pay particular attention to minimising the environmental impact of civil protection operations. In the framework of the UCPM, clear operational procedures for disaster response are an important way to ensure efficient assistance in the event of disasters, including for the relevant international organisations referred to in Article 16(1) of Decision No 1313/2013/EU.
(18) In order to ensure effective coordination of assistance, the ERCC should share its assessment of critical needs and its recommendations regarding the deployment of UCPM capacities with Member States in the form of analytical briefs. Those assessments should be for internal use and based on the Scientific Technical Advisory Facility (‘STAF’), existing early warning systems and other available sources of data. The selection of response capacities should be based on specific and objective criteria. The priority of the specific capacities should be assessed by the ERCC in the light of current operational needs and capabilities. Given the role of the ERCC in the effective coordination of assistance, both the Member States providing the assistance and the personnel operating the response capacities should keep the ERCC regularly informed about the provision of assistance.
(19) rescEU capacities are made available for response operations under the UCPM. Following a request for assistance pursuant to Article 15 or Article 16 of Decision No 1313/2013/EU, the ERCC is to decide on the deployment of that capacity, in close coordination with the requesting Member State and the Member State owning, renting or leasing the rescEU capacity. Criteria for deployment decisions as well as relevant operating procedures should be laid down in order to ensure an effective and transparent decision-making process. Criteria should also be laid down for decision-making on deployment in the event of conflicting requests for the use of rescEU capacities.
(20) It should be possible for rescEU capacities to be used for national purposes when not used or needed for response operations under the UCPM. Appropriate rules for such national use should be established in order to ensure that rescEU capacities are on stand-by and ready for deployment under the UCPM within the time frame set by the quality requirements for each type of rescEU capacity.
(21) Pursuant to Article 12(10), second subparagraph, of Decision No 1313/2013/EU, Member States may in specific cases refuse to deploy personnel operating rescEU capacities outside the Union. Rules should be laid down for such specific cases.
(22) Pursuant to Article 8(1), point (i), of Decision No 1313/2013/EU, rules are to be established governing host nation support. The rules should allow the state providing the civil protection assistance and the state receiving it to agree that host nation support is not to be provided. The rules should also require the establishment of a national liaison contact point to facilitate the provision of host nation support, but should not stipulate that the contact point is to be established either permanently or for each individual emergency. Rules should be put in place in order to allow Union financial assistance for the pre-positioning of response capacities.
(23) The availability of technical, coordination and assessment experts and of team leaders and deputy team leaders of EUCP Team is an important element of the UCPM. The experts’ tasks and functions profiles should be specified and the procedure for deploying them should be determined.
(24) Article 23 of Decision No 1313/2013/EU sets out provisions regarding support in the event of a disaster so as to facilitate a rapid and effective response with the help of the UCPM. It is necessary to establish a more streamlined set of rules and procedures for Member States to request support from the Union and for the Commission to handle such requests.
(25) Rules should be put in place to allow that the financing of transport and logistical resources necessary to ensure an effective and efficient coordinated response to disasters, in accordance with Article 23(4) of Decision No 1313/2023/EU may take the form of a UCPM Logistical Hub. The establishment of a UCPM Logistical Hub should satisfy the needs identified by the ERCC, including ERCC operational recommendations via the CECIS on the location of the UCPM Logistical Hub and detailed rules relating to the delivery of the assistance in the event of disasters both inside and outside the Union.
(26) Rules should be put in place to allow the ERCC to facilitate coordination medical evacuation (medevac) operations, both inside or outside the Union, once a request for assistance is made under Article 15 or Article 16 of Decision No 1313/2013/EU. Rules governing Union assistance should allow the financing of medevac operations, including additional necessary supporting and complementary action to facilitate the coordination of that response in the most effective way, such as the establishment of a hub.
(27) Grants in response actions awarded to competent authorities for facilitating operational and administrative aspects of the Union assistance in pursuant to Article 22 of Decision No 1313/2013/EU should be able to take the form of multi-action grants.
(28) Implementing Decisions 2014/762/EU and (EU) 2019/1310 should be repealed.
(29) The measures set out in this Decision are in accordance with the opinion of the Civil Protection Committee,