02014D0762 — EN — 10.04.2019 — 002.001
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COMMISSION IMPLEMENTING DECISION of 16 October 2014 laying down rules for the implementation of Decision No 1313/2013/EU of the European Parliament and of the Council on a Union Civil Protection Mechanism and repealing Commission Decisions 2004/277/EC, Euratom and 2007/606/EC, Euratom (notified under document C(2014) 7489) (Text with EEA relevance) (OJ L 320 6.11.2014, p. 1) |
Amended by:
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Official Journal |
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No |
page |
date |
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COMMISSION IMPLEMENTING DECISION (EU) 2018/142 of 15 January 2018 |
L 25 |
40 |
30.1.2018 |
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COMMISSION IMPLEMENTING DECISION (EU) 2019/570 of 8 April 2019 |
L 99 |
41 |
10.4.2019 |
COMMISSION IMPLEMENTING DECISION
of 16 October 2014
laying down rules for the implementation of Decision No 1313/2013/EU of the European Parliament and of the Council on a Union Civil Protection Mechanism and repealing Commission Decisions 2004/277/EC, Euratom and 2007/606/EC, Euratom
(notified under document C(2014) 7489)
(Text with EEA relevance)
(2014/762/EU)
CHAPTER 1
GENERAL PROVISIONS
Article 1
Subject matter
This Decision lays down detailed rules for the implementation of Decision No 1313/2013/EU, as regards:
the interaction of the Emergency Response Coordination Centre (‘ERCC’) with Member States' contact points;
the components of the Common Emergency Communication and Information System (‘CECIS’) as well as the organisation of information sharing through CECIS;
the identification of modules, other response capacities and experts, as well as the operational requirements for the functioning and interoperability of modules, including their tasks, capacities, main components, self-sufficiency and deployment;
the capacity goals, the quality and interoperability requirements and the certification and registration procedure necessary for the functioning of the EERC, including financial arrangements;
identifying and filling gaps in the EERC;
the organisation of the training programme, exercise framework and lessons learnt programme;
the operational procedures for the response to disasters within as well as outside the Union, including identification of relevant international organisations;
the process for deploying expert teams;
the organisation of support for the transport of assistance.
Article 2
Definitions
For the purposes of this Decision, the following definitions shall apply:
‘requester of assistance’ means the Member State or a third country affected by a disaster or imminent disaster or expecting to be affected by an imminent disaster, as well as the United Nations and its agencies and other relevant international organisations as specified in Annex VII;
‘civil protection assistance’ means teams, experts or modules intended for civil protection, with their equipment, as well as relief materials or supplies needed to mitigate the immediate consequences of a disaster;
‘buffer capacities’ means disaster response capacities, the availability of and rapid access to which are co-financed under Article 21(2)(d) of Decision No 1313/2013/EU;
‘intervention team’ means the human and material resources, including modules, set up by one or more Member States for civil protection interventions;
‘technical assistance and support team’ means the human and material resources set-up by one or more Member States to fulfil support tasks, as referred to in Annex II;
‘European Medical Corps’ means the part of the EERC available for response operations under the Union Mechanism in case of acute health emergencies.
CHAPTER 2
EMERGENCY RESPONSE COORDINATION CENTRE (ERCC)
Article 3
Interaction of the ERCC with Member States' contact points
CHAPTER 3
COMMON EMERGENCY COMMUNICATION AND INFORMATION SYSTEM (CECIS)
Article 4
CECIS layers
The CECIS shall include the following three components:
a network layer, connecting the competent authorities and the contact points in Member States and the ERCC;
an application layer, consisting of the databases and other information systems necessary for the functioning of the Union Mechanism and in particular those needed:
for communicating notifications,
for ensuring communication and information sharing between the ERCC and competent authorities and the contact points,
for disseminating lessons learnt from interventions;
a security layer, consisting of the set of systems, rules and procedures necessary for ensuring the authenticity, integrity and confidentiality of the data stored in and exchanged via the CECIS.
Article 5
Information security
Article 6
Information and update
Article 7
CECIS user group
A user group consisting of representatives nominated by Member States shall assist the Commission in the validation, testing, and further development of the CECIS.
Article 8
Implementation and further development
Article 9
Marine pollution CECIS
CHAPTER 4
MODULES, TECHNICAL ASSISTANCE AND SUPPORT TEAMS, OTHER RESPONSE CAPACITIES AND EXPERTS
Article 10
Registration of modules, technical assistance and support teams, other response capacities and experts
Article 11
Composition of modules, technical assistance and support teams, other response capacities and experts
Article 12
Self-sufficiency of modules
The following elements of self-sufficiency shall apply to each module as specified in Annex II:
appropriate shelter for the prevailing weather;
power generation and lighting covering the consumption of the base of operation and of the equipment required to fulfil the mission;
sanitation and hygiene facilities destined for the personnel of the module;
availability of food and water for the personnel of the module;
medical or paramedical staff, facilities and supplies for the personnel of the module;
equipment storage and maintenance of the equipment of the module;
equipment for the communication with the relevant partners, notably those in charge of the coordination on site;
local transportation;
logistics, equipment and staff enabling the setting-up of a base of operations and the beginning of the mission without delay upon arrival on site.
Compliance with the self-sufficiency requirements shall be guaranteed by the offering Member State through any of the following elements:
including in the module the necessary staff, equipment and consumables;
making the necessary arrangements on the site of operations;
making the necessary pre-arrangements to combine a non-self-sufficient intervention team with a technical assistance and support team in order to comply with the requirements referred to in Article 13 prior to the registration of the module concerned in accordance with Article 10(1).
The period for which self-sufficiency must be guaranteed at the onset of the mission may not be shorter than either of the following:
96 hours;
the periods laid down in Annex II.
Article 13
Requirements for modules and technical assistance and support teams
Member States shall take the necessary measures to ensure that:
modules have the capability to operate with other modules;
technical assistance and support teams have the capability to operate with other technical assistance and support teams and with relevant actors on the ground;
components of a module have the capability to operate together as one module;
components of a technical assistance and support team have the capability to operate together as one technical assistance and support team;
modules and technical assistance and support teams, when deployed outside the Union, are able to operate with international disaster response capabilities supporting the affected country;
team leaders, deputy team leaders and liaison officers of modules and technical assistance and support teams participate in appropriate training courses and exercises organised by the Commission, as set out in Articles 26-32.
CHAPTER 5
DEVELOPMENT OF THE EUROPEAN EMERGENCY RESPONSE CAPACITY (EERC) IN THE FORM OF A VOLUNTARY POOL
Article 14
Capacity goals
Article 15
Quality and interoperability requirements
Article 16
Certification and registration procedure
Article 17
Financial arrangements for adaptation costs
CHAPTER 6
ADDRESSING RESPONSE CAPACITY GAPS
Article 18
Monitoring progress towards the capacity goals
The Commission in cooperation with Member States shall continuously monitor progress towards the capacity goals, taking into account capacities identified under Article 20, and shall regularly inform Member States of its assessment of the progress made. The Commission shall inform Member States in the necessary detail about any remaining response capacity gaps.
Article 19
Procedure for identifying response capacity gaps
Article 20
Procedure for identifying response capacities outside the EERC
The Commission shall consider as available outside the EERC only the following capacities:
capacities registered in CECIS;
buffer capacities; or
capacities not covered by points (a) and (b) but that may be made readily available to the Member State or Member States in the required quantities, at the required location, within the required timeframe, for the required duration.
Article 21
Procedure for addressing response capacity gaps
Article 22
Commission support in addressing strategic response capacity gaps
Article 23
Eligible costs for support in addressing response capacity gaps
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CHAPTER 8
TRAINING PROGRAMME
Article 26
Training Programme
Article 27
Participants
The target groups of the training programme shall be:
Member States' civil protection and disaster management personnel, in particular team leaders, their deputies and liaison officers, experts of the Member States as set out in Article 41, including prevention and preparedness experts, and key staff of national contact points;
staff of the Union institutions and agencies;
selected experts from the European Neighbourhood Policy countries and candidate countries and potential candidates.
Participation in the training courses shall be also open to selected experts from:
the United Nations and its agencies;
the international organisations specified in Annex VII;
third countries and, where appropriate, other relevant actors.
Article 28
Training courses
Article 29
Exchange of experts
The system for the exchange of experts between Member States or with the Commission shall enable experts to:
gain and share experience;
become acquainted with various techniques and operational procedures used;
study approaches taken by other participating emergency services and institutions.
Article 30
Additional training actions
Where appropriate and in accordance with the annual work programme, additional training opportunities to meet identified needs for the smooth and efficient implementation of civil protection and disaster management actions shall be provided.
Article 31
Evaluation system
The Commission shall ensure coherence of the level of training and its content. To that end, the Commission shall organise an appropriate evaluation system of the training actions organised.
CHAPTER 9
EXERCISE FRAMEWORK
Article 32
Exercise programme, strategic framework and priorities
The exercise programme shall in particular aim at:
improving the response capacity of Member States, in particular with regard to teams and other assets provided in assistance interventions under the Union Mechanism;
improving and verifying the procedures and establishing a common approach for the coordination of assistance interventions under the Union Mechanism and reducing the response time in major disasters;
enhancing cooperation between the civil protection services of Member States and the Commission;
identifying and sharing lessons learnt;
testing the implementation of lessons learnt.
The Commission shall:
develop the strategic framework and long-term comprehensive plan, in cooperation with Member States, taking into account the lessons learnt programme and other relevant information;
set out the objectives of the exercises as well as their role in relation to other components of the Union Mechanism; and
make an annual proposal in the work programme for specific exercise priorities in line with the long-term comprehensive plan.
CHAPTER 10
LESSONS LEARNT PROGRAMME
Article 33
Monitoring, analysing and evaluating
Article 34
Promoting implementation
In particular, identified lessons shall contribute to the setting of:
priorities of the training programme, including where appropriate the content and curricula of the training courses, and the exercises programme;
priorities of the yearly calls for prevention and preparedness projects; and
priorities of the planning activities referred to in Article 10 of Decision No 1313/2013/EU.
CHAPTER 11
OPERATIONAL PROCEDURES FOR THE RESPONSE TO DISASTERS
Article 35
Requests for assistance and response
The following criteria, the priority of which may depend on the specifics of the request for assistance, shall be considered in the process of selecting among capacities in the EERC:
availability;
suitability;
location/proximity;
estimated transport times and costs;
prior experience;
prior use of the asset;
other relevant criteria, such as language capabilities, cultural proximity.
Article 36
Expert missions
Article 37
Operational disengagement
Article 38
Reporting and lessons identified
Article 39
Costs
Article 40
Compensation for damage
CHAPTER 12
PROCESS OF DEPLOYING EXPERT TEAMS
Article 41
Categories of experts
Member States shall classify the experts in the following categories:
technical experts;
assessment experts;
coordination experts;
team leaders.
Article 42
Tasks and functions
Article 43
Expert database
Article 44
Training requirements
The experts shall, where necessary, follow the training programme set up in accordance with Article 26.
Article 45
Nomination
In the event of a request for assistance, Member States shall be responsible for nominating the available experts and for sharing their contact details with the ERCC.
Article 46
Mobilisation and agreement of service
The Commission shall sign with each expert an agreement of service, which covers the following elements:
the objectives of the mission;
terms of reference;
the envisaged duration of the mission;
the local contact person information;
the insurance condition coverage;
the daily allowance to cover expenses;
the specific payment conditions;
guidelines for technical experts, assessment experts, coordination experts and team leaders.
CHAPTER 13
TRANSPORT SUPPORT
Article 47
Forms of transport support
Transport support may take the form of:
pooling or sharing of transport capacities;
identifying, and facilitating Member States' access to, transport resources on the commercial market and or from other sources; or
providing Union support to Member States through grants or through transport services procured from private or other entities.
Article 48
Procedure for transport support through the Union Mechanism
Article 49
Requests for transport support
Article 50
Replies to requests for transport support
Article 51
Request for a grant
Article 52
Request for a transport service
Article 53
Decision on Union financing for transport support
In order to determine whether the criteria set out in Article 23(1)(d) of Decision No 1313/2013/EU and the principles of economy, efficiency and effectiveness of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council ( 3 ) are met, the following shall be taken into account:
the information contained in the request for Union financing presented by the Member State according to Article 48(2);
the needs expressed by the affected country;
any needs assessments carried out by experts reporting to the Commission during the disaster;
other relevant and reliable information available to the Commission at the time of the decision provided by Member States and by international organisations;
the efficiency and effectiveness of transport solutions designed to ensure the timely delivery of civil protection assistance;
possibilities for local procurement;
other actions undertaken by the Commission.
Article 54
Reimbursement of Union financing for transport support
For the costs incurred by the Commission under the procedure set out in Article 52, the Commission shall issue, within 90 days of the completion of the transport operation for which a Union financial support was granted, a debit note to the Member States having benefited from the Union financing for an amount corresponding to the provisions of the decision made by the Commission on the request for a transport service and representing at least 15 % of the transport costs for transport actions under Article 23(3) of Decision No 1313/2013/EU and 45 % for transport actions under Article 23(2) of Decision No 1313/2013/EU.
Article 55
Compensation for damage
The Member State requesting transport support shall refrain from making any request for compensation from the Union for damage caused to its property or service staff where such damage is the consequence of the provision of transport support governed by this Decision, unless it is proven to be the result of fraud or serious misconduct.
Article 56
Designation of competent authorities
Member States shall designate the competent authorities authorised to request and receive financial support from the Commission in application of this Decision and shall inform the Commission thereof within 60 days after notification of this Decision. Any changes in that information shall be immediately notified to the Commission.
However, notifications of competent authorities made by Member States under Article 12 of Decision 2007/606/EC, Euratom, shall remain valid until further notice from the concerned Member State.
CHAPTER 14
FINAL PROVISIONS
Article 57
Repeal
Decisions 2004/277/EC, Euratom and 2007/606/EC, Euratom are repealed. References to the repealed Decisions shall be construed as references to this Decision and read in accordance with the correlation table in Annex IX.
Article 58
Addressees
This Decision is addressed to the Member States.
ANNEX I
CECIS