Solidarity is the mortar of the European construction work. The Lisbon Treaty’s solidarity clause would strengthen the ties between member states and citizens of the European Union.
***
Original Lisbon Treaty
Article 2, point 176 of the original Treaty of Lisbon (ToL) inserts a new Title VII Solidarity clause into Part Five External action by the Union as well as a new Article 188r (OJEU 17.12.2007 C 306/100─101):
SOLIDARITY CLAUSE
176) The following new Title VII and new Article 188 R shall be inserted:
‘TITLE VII
SOLIDARITY CLAUSE
Article 188 R
1. The Union and its Member States shall act jointly in a spirit of solidarity if a Member State is the object of a terrorist attack or the victim of a natural or man-made disaster. The Union shall mobilise all the instruments at its disposal, including the military resources made available by the Member States, to:
(a) — prevent the terrorist threat in the territory of the Member States;
— protect democratic institutions and the civilian population from any terrorist attack;
— assist a Member State in its territory, at the request of its political authorities, in the event of a terrorist attack;
(b) assist a Member State in its territory, at the request of its political authorities, in the event of a natural or man-made disaster.
2. Should a Member State be the object of a terrorist attack or the victim of a natural or man-made disaster, the other Member States shall assist it at the request of its political authorities. To that end, the Member States shall coordinate between themselves in the Council.
3. The arrangements for the implementation by the Union of the solidarity clause shall be defined by a decision adopted by the Council acting on a joint proposal by the Commission and the High Representative of the Union for Foreign Affairs and Security Policy. The Council shall act in accordance with Article 15b(1) of the Treaty on European Union where this decision has defence implications. The European Parliament shall be informed.
For the purposes of this paragraph and without prejudice to Article 207, the Council shall be assisted by the Political and Security Committee with the support of the structures developed in the context of the common security and defence policy and by the Committee referred to in Article 61 D; the two committees shall, if necessary, submit joint opinions.
4. The European Council shall regularly assess the threats facing the Union in order to enable the Union and its Member States to take effective action.’.
***
Consolidated Lisbon Treaty
Article 188r is renumbered Article 222 of the Treaty on the Functioning of the European Union (TFEU) in the consolidated version of the amending treaties. The references to provisions referred to are renumbered as well (OJEU 9.5.2008 C 115/148):
TITLE VII
SOLIDARITY CLAUSE
Article 222 TFEU
1. The Union and its Member States shall act jointly in a spirit of solidarity if a Member State is the object of a terrorist attack or the victim of a natural or man-made disaster. The Union shall mobilise all the instruments at its disposal, including the military resources made available by the Member States, to:
(a) — prevent the terrorist threat in the territory of the Member States;
— protect democratic institutions and the civilian population from any terrorist attack;
— assist a Member State in its territory, at the request of its political authorities, in the event of a terrorist attack;
(b) assist a Member State in its territory, at the request of its political authorities, in the event of a natural or man-made disaster.
2. Should a Member State be the object of a terrorist attack or the victim of a natural or man-made disaster, the other Member States shall assist it at the request of its political authorities. To that end, the Member States shall coordinate between themselves in the Council.
3. The arrangements for the implementation by the Union of the solidarity clause shall be defined by a decision adopted by the Council acting on a joint proposal by the Commission and the High Representative of the Union for Foreign Affairs and Security Policy. The Council shall act in accordance with Article 31(1) of the Treaty on European Union where this decision has defence implications. The European Parliament shall be informed.
For the purposes of this paragraph and without prejudice to Article 240, the Council shall be assisted by the Political and Security Committee with the support of the structures developed in the context of the common security and defence policy and by the Committee referred to in Article 71; the two committees shall, if necessary, submit joint opinions.
4. The European Council shall regularly assess the threats facing the Union in order to enable the Union and its Member States to take effective action.
***
Comment
Solidarity was described as the mortar of European integration in the blog post on civil protection, and Article 222 TFEU can be read in conjunction with Article 196 TFEU.
***
The solidarity clause was introduced by the European Convention in two parts. Article I-42 of the draft Constitution was named the Solidarity clause and it was situated in Chapter II Specific provisions under Title V Exercise of Union competence in the ‘constitutional’ part of the draft. Article III-231 came under the Chapter VIII headline Implementation of the solidarity clause. The proposal within the Convention came from the working group on defence.
The corresponding provisions in the Constitutional Treaty were Articles I-43 and III-329.
The Lisbon Treaty Article 222 TFEU merges the two provisions, but the amending treaty lifted out the general provisions, the common foreign and security policy (CFSP) and the common security and defence policy (CSDP) provisions from the (coming) TFEU into the Treaty on European Union (TEU), leaving the solidarity clause Article 222 TFEU somewhat lonely in the context of external action by the Union (Part Five). Perhaps the location has become less constitutional in concept.
***
Anyway, the solidarity clause is not the only manifestation of solidarity in the Treaty of Lisbon. Here are a few examples:
In the TEU Preamble the Heads of State desire to deepen the solidarity between their peoples while respecting their history, their culture and their traditions.
Article 2 TEU mentions solidarity among the founding values of the European Union, common to the member states.
According to Article 3(3) TEU the European Union shall promote economic, social and territorial cohesion, and solidarity among member states.
Article 24(2) TEU, within the framework of the principles and objectives of its external action, mandates the European Union to conduct, define and implement a common foreign and security policy, based on the development of mutual political solidarity among Member States, the identification of questions of general interest and the achievement of an ever-increasing degree of convergence of Member States' actions.
In Article 24(3) TEU the member states undertake to support the Union's external and security policy actively and unreservedly in a spirit of loyalty and mutual solidarity and to comply with the Union's action in this area. The provision continues with the obligation for the member states to work together to enhance and develop their mutual political solidarity and to refrain from any action which is contrary to the interests of the Union or likely to impair its effectiveness as a cohesive force in international relations (loyal cooperation).
Member states have an obligation of aid and assistance if a member state is the victim of armed aggression on its territory, according to Article 42(7) TEU.
In the context of the area of freedom, security and justice, the a common policy on asylum, immigration and external border control is based on solidarity between member states (Article 67(2) TFEU). Article 80 repeats the principles of solidarity and fair sharing in the Chapter on border checks, asylum and immigration.
Under economic policy, pursuant to Article 122 TFEU, the Council can decide , in a spirit of solidarity between Member States, upon measures appropriate to the economic situation, in particular if severe difficulties arise in the supply of certain products, notably in the area of energy.
The objectives of the European Union’s energy policy are expressed in a spirit of solidarity between member states (Aricle 194 TFEU). One fresh assessment of reality comes from the former executive director of the International Energy Agency Claude Mandil in an interview for EurActiv: “Several EU governments did not show solidarity over the recent gas crisis.”
Read the interview at:
http://www.euractiv.com/en/energy/energy-solidarity-just-words-iea-chief/article-179261
***
It looks like progress is being made, at least if the Lisbon Treaty enters into force, but the ‘de facto’ solidarity evoked by Robert Schuman has been long in coming and it is still very much an ongoing work.
***
Article 222 TFEU covers two groups of threats: 1) from terrorists, and 2) natural or man-made disasters.
***
The member states have an obligation to assist, if requested to do so.
The foundations for effective action are less unambiguous.
The member states coordinae between themselves in the Council. Unanimity is required if the decision has defence implications (Article 31(1) TEU).
The Council takes the implementing decisions on a joint proposal by the Commission and the High Representative.
Declaration 37 on Article 222 of the Treaty on the Functioning of the European Union adds the sobering thought that none of the provisions of Article 222 is intended to affect the right of another member state to choose the most appropriate means to comply with its own solidarity obligation towards that member state. ─ Far from a rock-hard guarantee.
Without stepping on the toes of the Committee of the Permanent Representatives of the Member States (Coreper; Article 240 TFEU), the intergovernmental (Council) Political and Security Committee shall assist the Council. It is supported by the structures developed in the context of the common security and defence policy and by the Internal Security Committee (referred to in Article 71 TFEU).
***
Politically in force
Following the vicious terrorist attacks in Madrid 11 March 2004, the Heads of State or Government of the Member States of the European Union, and of the States acceding to the Union on 1 May, declared their firm intention to act in the spirit of the solidarity clause laid down in Article 42 of the draft Treaty establishing a Constitution for Europe, and to act jointly in a spirit of solidarity if one of them is the victim of a terrorist attack, by mobilising all the instruments at their disposal, including military resources (European Council, Declaration on solidarity against terrorism, 25 March 2004).
Ralf Grahn
Showing posts with label disaster. Show all posts
Showing posts with label disaster. Show all posts
Tuesday, 10 February 2009
Tuesday, 20 January 2009
EU solidarity and civil protection
The previous blog post evoked the words of the Schuman declaration: Europe will not be made all at once, or according to a single plan. It will be built through concrete achievements which first create a de facto solidarity.
Civil protection is an area where the Lisbon Treaty brings European reality one step closer to the words of the French foreign minister Robert Schuman on 9 May 1950.
In the preceding post, we looked at the drafting history of Title XXIII Civil protection and Article 196 of the Treaty on the Functioning of the European Union (TFEU).
We now take a look at the Title Solidarity clause and its Article 222 TFEU, as an example of the growing readiness of EU governments and citizens to assist each other in a spirit of solidarity.
As I said, the EU treaties and institutions are the bricks, but solidarity is the mortar of European integration.
***
Solidarity clause
The Lisbon Treaty would amalgamate the Solidarity clause and the implementing clause of the Constitutional Treaty (and the draft Constitution) in Article 222 TFEU:
TITLE VII
SOLIDARITY CLAUSE
Article 222 TFEU
1. The Union and its Member States shall act jointly in a spirit of solidarity if a Member State is the object of a terrorist attack or the victim of a natural or man-made disaster. The Union shall mobilise all the instruments at its disposal, including the military resources made available by the Member States, to:
(a) — prevent the terrorist threat in the territory of the Member States;
— protect democratic institutions and the civilian population from any terrorist attack;
— assist a Member State in its territory, at the request of its political authorities, in the event of a terrorist attack;
(b) assist a Member State in its territory, at the request of its political authorities, in the event of a natural or man-made disaster.
2. Should a Member State be the object of a terrorist attack or the victim of a natural or man-made disaster, the other Member States shall assist it at the request of its political authorities. To that end, the Member States shall coordinate between themselves in the Council.
3. The arrangements for the implementation by the Union of the solidarity clause shall be defined by a decision adopted by the Council acting on a joint proposal by the Commission and the High Representative of the Union for Foreign Affairs and Security Policy. The Council shall act in accordance with Article 31(1) of the Treaty on European Union where this decision has defence implications. The European Parliament shall be informed.
For the purposes of this paragraph and without prejudice to Article 240, the Council shall be assisted by the Political and Security Committee with the support of the structures developed in the context of the common security and defence policy and by the Committee referred to in Article 71; the two committees shall, if necessary, submit joint opinions.
4. The European Council shall regularly assess the threats facing the Union in order to enable the Union and its Member States to take effective action.
***
Declaration 37
The European de facto solidarity is an evolving project. At this stage the member states have accepted the principles of solidarity and mutual assistance, but they still feel the need to emphasise that they decide on how they are going to comply with their obligation.
Article 222 TFEU is thus tempered by joint Declaration 37 annexed to the Final Act of the IGC 2007:
37. Declaration on Article 222 of the Treaty on the Functioning of the European Union
Without prejudice to the measures adopted by the Union to comply with its solidarity obligation towards a Member State which is the object of a terrorist attack or the victim of natural or man-made disaster, none of the provisions of Article 222 is intended to affect the right of another Member State to choose the most appropriate means to comply with its own solidarity obligation towards that Member State.
***
Competence
Let us return to civil protection (Article 196 TFEU).
In the general classification of EU competence in different policy areas, civil protection appears among the seven policy areas of supporting, coordinating or supplementing action, in Article 6(f) TFEU:
Article 6 TFEU
The Union shall have competence to carry out actions to support, coordinate or supplement the actions of the Member States. The areas of such action shall, at European level, be:
(a) protection and improvement of human health;
(b) industry;
(c) culture;
(d) tourism;
(e) education, vocational training, youth and sport;
(f) civil protection;
(g) administrative cooperation.
***
Civil protection summary
The Commission’s Scadplus pages offer summaries of legislation in different areas of EU policy. The web page Civil protection offers links to relevant civil protection issues:
http://europa.eu/scadplus/leg/en/s15007.htm
***
Commission activities
In the European Commission, the Directorate-General Environment and Commissioner Stavros Dimas are responsible for civil protection. The Environment home page is available here:
http://ec.europa.eu/environment/index_en.htm
European Civil Protection is a more precise location for current activities in this field:
http://ec.europa.eu/environment/civil/index.htm
***
Civil Protection Financial Instrument 2007–2013
The centrepiece of continuous EU level action is contained in the Council Decision No 2007/162/EC, Euratom of 5 March 2007 establishing a Civil Protection Financial Instrument, a text with EEA relevance, published OJEU 10.3.2007 L 71/9:
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2007:071:0009:0017:EN:PDF
The legal base is still Article 308 TEC, the flexibility clause, since the Constitutional Treaty had not entered into force and the IGC 2007 leading to the Lisbon Treaty was only being prepared by the German Council Presidency.
Article 1 presents the subject matter of the Civil Protection Financial Instrument from 2007 to 2013 and Article 2 offers a more exact picture of the scope, including related EC legal acts:
Article 1
Subject matter
1. This Decision establishes a Civil Protection Financial Instrument (the Instrument) to support and complement the efforts of the Member States for the protection, primarily of people but also of the environment and property, including cultural heritage, in the event of natural and man-made disasters, acts of terrorism and technological, radiological or environmental accidents and to facilitate reinforced cooperation between the Member States in the field of civil protection.
The Instrument shall cover the period from 1 January 2007 to 31 December 2013.
2. This Decision lays down the rules for the provision of financial assistance for:
(a) actions in the field of the Community mechanism to facilitate reinforced cooperation in civil protection assistance interventions (the Mechanism);
(b) measures to prevent or reduce the effects of an emergency; and
(c) actions designed to enhance the Community's state of preparedness for responses to emergencies, including actions enhancing EU citizens' awareness.
3. This Decision makes special provisions to fund certain transport resources in the event of a major emergency, to facilitate a rapid and effective response thereto.
4. This Decision shall take into account the special needs of isolated, outermost and other regions or islands of the Community in the case of an emergency.
Article 2
Scope
1. This Decision shall apply to preventive and preparedness measures for all kinds of emergencies inside the Community and in countries participating on the basis of Article 7.
2. This Decision shall apply to actions to assist with the response to the immediate consequences of a major emergency regardless of its nature, including the response to accidental marine pollution emergencies through the Mechanism, inside or outside the Community, where a request is made for assistance in accordance with the Mechanism.
3. This Decision shall not apply to the following:
(a) actions falling under Regulation (EC) No 1717/2006;
(b) actions and measures falling under Community legislation concerning Community action programmes in the field of health;
(c) actions and measures falling under Decision No 1926/2006/EC;
(d) actions falling under Decision 2007/124/EC, Euratom;
(e) actions falling under Regulation (EC) No 1257/96, without prejudice to Article 4(2)(c) of this Decision;
(f) actions falling under Regulation (EC) No 1406/2002.
***
Mechanism for civil protection assistance interventions
Even under the current decision-making constraints, the EU member states have realised the importance of being able to respond quickly and resourcefully to disasters affecting EU citizens.
The EC’s previous Mechanism for civil protection assistance intervention (2001/792/EC, Euratom) was beefed up and recast in 2007.
Council Decision 2007/779/EC, Euratom of 8 November 2007 establishing a Community Civil Protection Mechanism (recast), text with EEA relevance, published OJEU 1.12.2007 L 314/9, is available here:
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2007:314:0009:0019:EN:PDF
The aim of the Community Mechanism is to facilitate reinforced cooperation between the Community and the Member States in civil protection assistance intervention in the event of major emergencies, or the imminent threat thereof.
The Mechanism covers primarily people but also the environment and property, including cultural heritage, in the event of natural and man-made disasters, acts of terrorism and, technological, radiological or environmental accidents, including accidental marine pollution, occurring inside or outside the Community.
The Mechanism takes account of the special needs of the isolated, outermost and other regions or islands of the Community.
The Mechanism consists of a series of elements and actions including:
1. the identification of intervention teams and other intervention support available in Member States for assistance intervention in the event of emergencies;
2. the setting-up and implementation of a training programme for intervention teams and other intervention support, and for experts for the teams responsible for assessment and/or coordination;
3. workshops, seminars and pilot projects on major aspects of interventions;
4. the establishment and dispatch of assessment and/or coordination teams;
5. the establishment and management of a Monitoring and Information Centre (MIC), which is accessible and able to react immediately 24 hours a day and serving the Member States and the Commission for the purposes of the Mechanism;
6. the establishment and management of a Common Emergency Communication and Information System (CECIS) to enable communication and sharing of information between the MIC and the contact points of the Member States;
7. contributing to the development of detection and early warning systems for disasters which may affect the territory of the Member States, in order to enable a rapid response by the Member States and the Community, as well as to their establishment through studies and assessments on the need for and feasibility of those systems and through actions to promote their interlinkage and their linkage to the MIC and the CECIS:
8. supporting Member States in obtaining access to equipment and transport resources by:
(a) providing and sharing information on equipment and transport resources that can be made available by the Member States, with a view to facilitating the pooling of such equipment or transport resources;
(b) assisting Member States to identify, and facilitating their access to, transport resources that may be available from other sources, including the commercial market;
(c) assisting Member States to identify equipment that may be available from other sources including the commercial market;
9. complementing the transport provided by Member States by providing additional transport resources necessary for ensuring a rapid response to major emergencies;
10. supporting consular assistance to EU citizens in major emergencies in third countries regarding civil protection activities if requested by the consular authorities of the Member States;
11. other supporting and complementary action necessary in the framework of the Mechanism as mentioned in Article 4 of Council Decision 2007/162/EC, Euratom of 5 March 2007 establishing a Civil Protection Financial Instrument (Article 1).
***
Effective civil protection is a core element of solidarity between EU nations and citizens. The Lisbon Treaty would improve the prospects.
Ralf Grahn
Civil protection is an area where the Lisbon Treaty brings European reality one step closer to the words of the French foreign minister Robert Schuman on 9 May 1950.
In the preceding post, we looked at the drafting history of Title XXIII Civil protection and Article 196 of the Treaty on the Functioning of the European Union (TFEU).
We now take a look at the Title Solidarity clause and its Article 222 TFEU, as an example of the growing readiness of EU governments and citizens to assist each other in a spirit of solidarity.
As I said, the EU treaties and institutions are the bricks, but solidarity is the mortar of European integration.
***
Solidarity clause
The Lisbon Treaty would amalgamate the Solidarity clause and the implementing clause of the Constitutional Treaty (and the draft Constitution) in Article 222 TFEU:
TITLE VII
SOLIDARITY CLAUSE
Article 222 TFEU
1. The Union and its Member States shall act jointly in a spirit of solidarity if a Member State is the object of a terrorist attack or the victim of a natural or man-made disaster. The Union shall mobilise all the instruments at its disposal, including the military resources made available by the Member States, to:
(a) — prevent the terrorist threat in the territory of the Member States;
— protect democratic institutions and the civilian population from any terrorist attack;
— assist a Member State in its territory, at the request of its political authorities, in the event of a terrorist attack;
(b) assist a Member State in its territory, at the request of its political authorities, in the event of a natural or man-made disaster.
2. Should a Member State be the object of a terrorist attack or the victim of a natural or man-made disaster, the other Member States shall assist it at the request of its political authorities. To that end, the Member States shall coordinate between themselves in the Council.
3. The arrangements for the implementation by the Union of the solidarity clause shall be defined by a decision adopted by the Council acting on a joint proposal by the Commission and the High Representative of the Union for Foreign Affairs and Security Policy. The Council shall act in accordance with Article 31(1) of the Treaty on European Union where this decision has defence implications. The European Parliament shall be informed.
For the purposes of this paragraph and without prejudice to Article 240, the Council shall be assisted by the Political and Security Committee with the support of the structures developed in the context of the common security and defence policy and by the Committee referred to in Article 71; the two committees shall, if necessary, submit joint opinions.
4. The European Council shall regularly assess the threats facing the Union in order to enable the Union and its Member States to take effective action.
***
Declaration 37
The European de facto solidarity is an evolving project. At this stage the member states have accepted the principles of solidarity and mutual assistance, but they still feel the need to emphasise that they decide on how they are going to comply with their obligation.
Article 222 TFEU is thus tempered by joint Declaration 37 annexed to the Final Act of the IGC 2007:
37. Declaration on Article 222 of the Treaty on the Functioning of the European Union
Without prejudice to the measures adopted by the Union to comply with its solidarity obligation towards a Member State which is the object of a terrorist attack or the victim of natural or man-made disaster, none of the provisions of Article 222 is intended to affect the right of another Member State to choose the most appropriate means to comply with its own solidarity obligation towards that Member State.
***
Competence
Let us return to civil protection (Article 196 TFEU).
In the general classification of EU competence in different policy areas, civil protection appears among the seven policy areas of supporting, coordinating or supplementing action, in Article 6(f) TFEU:
Article 6 TFEU
The Union shall have competence to carry out actions to support, coordinate or supplement the actions of the Member States. The areas of such action shall, at European level, be:
(a) protection and improvement of human health;
(b) industry;
(c) culture;
(d) tourism;
(e) education, vocational training, youth and sport;
(f) civil protection;
(g) administrative cooperation.
***
Civil protection summary
The Commission’s Scadplus pages offer summaries of legislation in different areas of EU policy. The web page Civil protection offers links to relevant civil protection issues:
http://europa.eu/scadplus/leg/en/s15007.htm
***
Commission activities
In the European Commission, the Directorate-General Environment and Commissioner Stavros Dimas are responsible for civil protection. The Environment home page is available here:
http://ec.europa.eu/environment/index_en.htm
European Civil Protection is a more precise location for current activities in this field:
http://ec.europa.eu/environment/civil/index.htm
***
Civil Protection Financial Instrument 2007–2013
The centrepiece of continuous EU level action is contained in the Council Decision No 2007/162/EC, Euratom of 5 March 2007 establishing a Civil Protection Financial Instrument, a text with EEA relevance, published OJEU 10.3.2007 L 71/9:
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2007:071:0009:0017:EN:PDF
The legal base is still Article 308 TEC, the flexibility clause, since the Constitutional Treaty had not entered into force and the IGC 2007 leading to the Lisbon Treaty was only being prepared by the German Council Presidency.
Article 1 presents the subject matter of the Civil Protection Financial Instrument from 2007 to 2013 and Article 2 offers a more exact picture of the scope, including related EC legal acts:
Article 1
Subject matter
1. This Decision establishes a Civil Protection Financial Instrument (the Instrument) to support and complement the efforts of the Member States for the protection, primarily of people but also of the environment and property, including cultural heritage, in the event of natural and man-made disasters, acts of terrorism and technological, radiological or environmental accidents and to facilitate reinforced cooperation between the Member States in the field of civil protection.
The Instrument shall cover the period from 1 January 2007 to 31 December 2013.
2. This Decision lays down the rules for the provision of financial assistance for:
(a) actions in the field of the Community mechanism to facilitate reinforced cooperation in civil protection assistance interventions (the Mechanism);
(b) measures to prevent or reduce the effects of an emergency; and
(c) actions designed to enhance the Community's state of preparedness for responses to emergencies, including actions enhancing EU citizens' awareness.
3. This Decision makes special provisions to fund certain transport resources in the event of a major emergency, to facilitate a rapid and effective response thereto.
4. This Decision shall take into account the special needs of isolated, outermost and other regions or islands of the Community in the case of an emergency.
Article 2
Scope
1. This Decision shall apply to preventive and preparedness measures for all kinds of emergencies inside the Community and in countries participating on the basis of Article 7.
2. This Decision shall apply to actions to assist with the response to the immediate consequences of a major emergency regardless of its nature, including the response to accidental marine pollution emergencies through the Mechanism, inside or outside the Community, where a request is made for assistance in accordance with the Mechanism.
3. This Decision shall not apply to the following:
(a) actions falling under Regulation (EC) No 1717/2006;
(b) actions and measures falling under Community legislation concerning Community action programmes in the field of health;
(c) actions and measures falling under Decision No 1926/2006/EC;
(d) actions falling under Decision 2007/124/EC, Euratom;
(e) actions falling under Regulation (EC) No 1257/96, without prejudice to Article 4(2)(c) of this Decision;
(f) actions falling under Regulation (EC) No 1406/2002.
***
Mechanism for civil protection assistance interventions
Even under the current decision-making constraints, the EU member states have realised the importance of being able to respond quickly and resourcefully to disasters affecting EU citizens.
The EC’s previous Mechanism for civil protection assistance intervention (2001/792/EC, Euratom) was beefed up and recast in 2007.
Council Decision 2007/779/EC, Euratom of 8 November 2007 establishing a Community Civil Protection Mechanism (recast), text with EEA relevance, published OJEU 1.12.2007 L 314/9, is available here:
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2007:314:0009:0019:EN:PDF
The aim of the Community Mechanism is to facilitate reinforced cooperation between the Community and the Member States in civil protection assistance intervention in the event of major emergencies, or the imminent threat thereof.
The Mechanism covers primarily people but also the environment and property, including cultural heritage, in the event of natural and man-made disasters, acts of terrorism and, technological, radiological or environmental accidents, including accidental marine pollution, occurring inside or outside the Community.
The Mechanism takes account of the special needs of the isolated, outermost and other regions or islands of the Community.
The Mechanism consists of a series of elements and actions including:
1. the identification of intervention teams and other intervention support available in Member States for assistance intervention in the event of emergencies;
2. the setting-up and implementation of a training programme for intervention teams and other intervention support, and for experts for the teams responsible for assessment and/or coordination;
3. workshops, seminars and pilot projects on major aspects of interventions;
4. the establishment and dispatch of assessment and/or coordination teams;
5. the establishment and management of a Monitoring and Information Centre (MIC), which is accessible and able to react immediately 24 hours a day and serving the Member States and the Commission for the purposes of the Mechanism;
6. the establishment and management of a Common Emergency Communication and Information System (CECIS) to enable communication and sharing of information between the MIC and the contact points of the Member States;
7. contributing to the development of detection and early warning systems for disasters which may affect the territory of the Member States, in order to enable a rapid response by the Member States and the Community, as well as to their establishment through studies and assessments on the need for and feasibility of those systems and through actions to promote their interlinkage and their linkage to the MIC and the CECIS:
8. supporting Member States in obtaining access to equipment and transport resources by:
(a) providing and sharing information on equipment and transport resources that can be made available by the Member States, with a view to facilitating the pooling of such equipment or transport resources;
(b) assisting Member States to identify, and facilitating their access to, transport resources that may be available from other sources, including the commercial market;
(c) assisting Member States to identify equipment that may be available from other sources including the commercial market;
9. complementing the transport provided by Member States by providing additional transport resources necessary for ensuring a rapid response to major emergencies;
10. supporting consular assistance to EU citizens in major emergencies in third countries regarding civil protection activities if requested by the consular authorities of the Member States;
11. other supporting and complementary action necessary in the framework of the Mechanism as mentioned in Article 4 of Council Decision 2007/162/EC, Euratom of 5 March 2007 establishing a Civil Protection Financial Instrument (Article 1).
***
Effective civil protection is a core element of solidarity between EU nations and citizens. The Lisbon Treaty would improve the prospects.
Ralf Grahn
EU Law: Civil protection
The EU treaties and institutions are the bricks, but solidarity is the mortar of European integration.
Cooperation between member states and European Union action to protect EU citizens against natural or man-made disasters is one of the improvements of the Treaty of Lisbon.
On 9 May 1950 French foreign minister Robert Schuman said: Europe will not be made all at once, or according to a single plan. It will be built through concrete achievements which first create a de facto solidarity.
Civil protection is an area where the Lisbon Treaty brings European reality one step closer to the words of the Schuman declaration.
***
TEC
There is no Title on civil protetion and no specific legal base in the current Treaty establishing the European Community (TEC). Cf. the latest consolidated version of the treaties, OJEU 29.12.2006 C 321 E.
This means that action has to be based on the unwieldy flexibility clause, Article 308 TEC, with a view to the operation of the common market and requiring unanimous decision by the Council. The European Parliament is only consulted.
Still, civil protection is not completely forgotten. Article 3(1)(u) TEC lists ‘measures in the spheres of energy, civil protection and tourism’ among the activities of the European Community, but without a legal base.
***
Draft Constitution
In Article III-184 of the draft Constitution the European Convention proposed a new legal base to improve protection against natural or man-made disasters within the European Union:
SECTION 5
Civil protection
Article III-184 Draft Constitution
1. The Union shall encourage cooperation between Member States in order to improve the effectiveness of systems for preventing and protecting against natural or man-made disasters within the Union.
Union action shall aim to:
(a) support and complement Member States' action at national, regional and local level in risk prevention, in preparing their civil-protection personnel and in responding to natural or man-made disasters;
(b) promote swift, effective operational cooperation between national civil-protection services;
(c) promote consistency in international civil-protection work.
2. The measures necessary to help achieve the objectives referred to in paragraph 1 shall be enacted in European laws or framework laws, excluding any harmonisation of the laws and regulations of the Member States.
-----
In conjunction with this, you could read the new Solidarity clause Article I-42, primarily aimed at terrorist attacks, and Article III-231 Implementation of the solidarity clause, proposed by the European Convention.
***
Constitutional Treaty
The IGC 2004 took over the proposal by the European Convention. Article III-281 of the Constitution on civil protection:
SECTION 6
CIVIL PROTECTION
Article III_284 Constitution
1. The Union shall encourage cooperation between Member States in order to improve the effectiveness of systems for preventing and protecting against natural or man-made disasters.
Union action shall aim to:
(a) support and complement Member States' action at national, regional and local level in risk prevention, in preparing their civil_protection personnel and in responding to natural or man_made disasters within the Union;
(b) promote swift, effective operational cooperation within the Union between national civil_protection services;
(c) promote consistency in international civil protection work.
2. European laws or framework laws shall establish the measures necessary to help achieve the objectives referred to in paragraph 1, excluding any harmonisation of the laws and regulations of the Member States.
-----
You could read Article I-43 Solidarity clause and Article III-329 Implementation of the solidarity clause of the Constitutional Treaty.
***
Original Lisbon Treaty (ToL)
Article 2, point 149 inserted a new Title XXII Civil protection and a new Article 176c (OJEU 17.12.2007 C 306/89–90):
CIVIL PROTECTION
149) The following new Title XXII and new Article 176 C shall be inserted:
‘TITLE XXII
CIVIL PROTECTION
Article 176 C
1. The Union shall encourage cooperation between Member States in order to improve the effectiveness of systems for preventing and protecting against natural or man-made disasters.
Union action shall aim to:
(a) support and complement Member States' action at national, regional and local level in risk prevention, in preparing their civil-protection personnel and in responding to natural or man-made disasters within the Union;
(b) promote swift, effective operational cooperation within the Union between national civilprotection services;
(c) promote consistency in international civil-protection work.
2. The European Parliament and the Council, acting in accordance with the ordinary legislative procedure, shall establish the measures necessary to help achieve the objectives referred to in paragraph 1, excluding any harmonisation of the laws and regulations of the Member States.’.
***
Renumbering the Treaty of Lisbon (ToL)
The Table of equivalences of the original Treaty of Lisbon tells us that the new Title XXII Civil protection in the TFEU (ToL) was renumbered Title XXIII Civil protection in the consolidated version of the Lisbon Treaty.
Article 176c TFEU (ToL) was renumbered Article 196 TFEU in the consolidated version of the Lisbon Treaty (OJEU 17.12.2007 C 306/218).
***
Lisbon Treaty consolidated
Article 196 TFEU
Article 196 TFEU appears like this in the consolidated version of the Treaty of Lisbon (OJEU 9.5.2008 C 115/135–136):
TITLE XXIII
CIVIL PROTECTION
Article 196 TFEU
1. The Union shall encourage cooperation between Member States in order to improve the effectiveness of systems for preventing and protecting against natural or man-made disasters.
Union action shall aim to:
(a) support and complement Member States' action at national, regional and local level in risk prevention, in preparing their civil-protection personnel and in responding to natural or man-made disasters within the Union;
(b) promote swift, effective operational cooperation within the Union between national civil-protection services;
(c) promote consistency in international civil-protection work.
2. The European Parliament and the Council, acting in accordance with the ordinary legislative procedure shall establish the measures necessary to help achieve the objectives referred to in paragraph 1, excluding any harmonisation of the laws and regulations of the Member States.
***
Lisbon Treaty changes
The Lisbon Treaty would give EU measures against natural and man-made disasters a new legal base. The ordinary legislative procedure would apply, enabling a qualified Council majority to get things done. The European Parliament would participate as an equal co-legislator.
Ralf Grahn
Cooperation between member states and European Union action to protect EU citizens against natural or man-made disasters is one of the improvements of the Treaty of Lisbon.
On 9 May 1950 French foreign minister Robert Schuman said: Europe will not be made all at once, or according to a single plan. It will be built through concrete achievements which first create a de facto solidarity.
Civil protection is an area where the Lisbon Treaty brings European reality one step closer to the words of the Schuman declaration.
***
TEC
There is no Title on civil protetion and no specific legal base in the current Treaty establishing the European Community (TEC). Cf. the latest consolidated version of the treaties, OJEU 29.12.2006 C 321 E.
This means that action has to be based on the unwieldy flexibility clause, Article 308 TEC, with a view to the operation of the common market and requiring unanimous decision by the Council. The European Parliament is only consulted.
Still, civil protection is not completely forgotten. Article 3(1)(u) TEC lists ‘measures in the spheres of energy, civil protection and tourism’ among the activities of the European Community, but without a legal base.
***
Draft Constitution
In Article III-184 of the draft Constitution the European Convention proposed a new legal base to improve protection against natural or man-made disasters within the European Union:
SECTION 5
Civil protection
Article III-184 Draft Constitution
1. The Union shall encourage cooperation between Member States in order to improve the effectiveness of systems for preventing and protecting against natural or man-made disasters within the Union.
Union action shall aim to:
(a) support and complement Member States' action at national, regional and local level in risk prevention, in preparing their civil-protection personnel and in responding to natural or man-made disasters;
(b) promote swift, effective operational cooperation between national civil-protection services;
(c) promote consistency in international civil-protection work.
2. The measures necessary to help achieve the objectives referred to in paragraph 1 shall be enacted in European laws or framework laws, excluding any harmonisation of the laws and regulations of the Member States.
-----
In conjunction with this, you could read the new Solidarity clause Article I-42, primarily aimed at terrorist attacks, and Article III-231 Implementation of the solidarity clause, proposed by the European Convention.
***
Constitutional Treaty
The IGC 2004 took over the proposal by the European Convention. Article III-281 of the Constitution on civil protection:
SECTION 6
CIVIL PROTECTION
Article III_284 Constitution
1. The Union shall encourage cooperation between Member States in order to improve the effectiveness of systems for preventing and protecting against natural or man-made disasters.
Union action shall aim to:
(a) support and complement Member States' action at national, regional and local level in risk prevention, in preparing their civil_protection personnel and in responding to natural or man_made disasters within the Union;
(b) promote swift, effective operational cooperation within the Union between national civil_protection services;
(c) promote consistency in international civil protection work.
2. European laws or framework laws shall establish the measures necessary to help achieve the objectives referred to in paragraph 1, excluding any harmonisation of the laws and regulations of the Member States.
-----
You could read Article I-43 Solidarity clause and Article III-329 Implementation of the solidarity clause of the Constitutional Treaty.
***
Original Lisbon Treaty (ToL)
Article 2, point 149 inserted a new Title XXII Civil protection and a new Article 176c (OJEU 17.12.2007 C 306/89–90):
CIVIL PROTECTION
149) The following new Title XXII and new Article 176 C shall be inserted:
‘TITLE XXII
CIVIL PROTECTION
Article 176 C
1. The Union shall encourage cooperation between Member States in order to improve the effectiveness of systems for preventing and protecting against natural or man-made disasters.
Union action shall aim to:
(a) support and complement Member States' action at national, regional and local level in risk prevention, in preparing their civil-protection personnel and in responding to natural or man-made disasters within the Union;
(b) promote swift, effective operational cooperation within the Union between national civilprotection services;
(c) promote consistency in international civil-protection work.
2. The European Parliament and the Council, acting in accordance with the ordinary legislative procedure, shall establish the measures necessary to help achieve the objectives referred to in paragraph 1, excluding any harmonisation of the laws and regulations of the Member States.’.
***
Renumbering the Treaty of Lisbon (ToL)
The Table of equivalences of the original Treaty of Lisbon tells us that the new Title XXII Civil protection in the TFEU (ToL) was renumbered Title XXIII Civil protection in the consolidated version of the Lisbon Treaty.
Article 176c TFEU (ToL) was renumbered Article 196 TFEU in the consolidated version of the Lisbon Treaty (OJEU 17.12.2007 C 306/218).
***
Lisbon Treaty consolidated
Article 196 TFEU
Article 196 TFEU appears like this in the consolidated version of the Treaty of Lisbon (OJEU 9.5.2008 C 115/135–136):
TITLE XXIII
CIVIL PROTECTION
Article 196 TFEU
1. The Union shall encourage cooperation between Member States in order to improve the effectiveness of systems for preventing and protecting against natural or man-made disasters.
Union action shall aim to:
(a) support and complement Member States' action at national, regional and local level in risk prevention, in preparing their civil-protection personnel and in responding to natural or man-made disasters within the Union;
(b) promote swift, effective operational cooperation within the Union between national civil-protection services;
(c) promote consistency in international civil-protection work.
2. The European Parliament and the Council, acting in accordance with the ordinary legislative procedure shall establish the measures necessary to help achieve the objectives referred to in paragraph 1, excluding any harmonisation of the laws and regulations of the Member States.
***
Lisbon Treaty changes
The Lisbon Treaty would give EU measures against natural and man-made disasters a new legal base. The ordinary legislative procedure would apply, enabling a qualified Council majority to get things done. The European Parliament would participate as an equal co-legislator.
Ralf Grahn
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