Explanatory Memorandum to JOIN(2012)39 - Arrangements for the implementation by the Union of the Solidarity clause - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
| dossier | JOIN(2012)39 - Arrangements for the implementation by the Union of the Solidarity clause. |
|---|---|
| source | JOIN(2012)39  |
| date | 21-12-2012 |
Article 222 of the Treaty on the Functioning of the European Union (TFEU) contains a new provision for a ‘Solidarity Clause’. Under this provision the Union and its Member States must 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. According to 222(3), first sentence, the Commission and the High Representative must put forward a joint proposal upon which basis the Council must decide how the Union is to implement the Solidarity Clause. The European Parliament must be informed.
Due to the wide scope of the Treaty article, the arrangements for implementing the Solidarity Clause cover a wide number of policy areas and instruments. These include the EU Internal Security Strategy[1], the Union Civil Protection Mechanism and the Civil Protection Financial Instrument[2], the EU Solidarity Fund[3]; the health security initiative for serious cross-border threats to health i, crisis response and analysis structures in the EEAS; and the Crisis Coordination Arrangements in the Council. The arrangements are also coherent with the establishment of a European Area of Justice in the Union.
Contents
Member States have provided valuable written contributions to the preparation of the proposal on the basis of a list of questions that had been jointly prepared by the Commission and the EEAS. Member States representatives have also held discussions in various Council bodies. These include the Political and Security Committee, the Standing Committee on Operational Cooperation on Internal Security, the Coordinating Committee in the area of police and judicial co-operation in criminal matters and the Military Committee.
The European Parliament has also provided a very useful contribution in the form of its resolution ‘on the EU's mutual defense and solidarity clauses: political and operational dimensions’[5].
The aim of the proposal is to comply with paragraph 3 of Article 222 which requires that the Commission and the High Representative submit to the Council a proposal on the Union's arrangements for implementing the Clause. The proposal defines the geographic scope, the activation mechanism, and the response arrangements at Union level.
The proposal takes into consideration and is consistent with the arrangements for coordination in the Council (on the basis of the Crisis Coordination Arrangements), in accordance with Article 222.(2).
Having regard to paragraph 4 of Article 222, the proposal sets out arrangements for: (i) an integrated threat and risk assessment at Union level to be used as a basis for a regular assessment by the European Council and (ii) preparedness measures by the Union and Member States, on the basis of the guidance of the European Council.
The Clause applies to disasters and terrorist attacks within the EU territory, whether on land, sea or in the air. It applies irrespective of whether the crisis originates inside or outside the EU. The Clause also applies to ships (when in international waters) and airplanes (when in international airspace) or critical infrastructure (such as off-shore oil and gas installations) under the jurisdiction of a Member State.
The Clause relates to all crisis response structures at EU level. Given the EU internal dimension of the Clause, most of the relevant structures are in the Commission (DG ECHO, HOME, SANCO, TAXUD etc.), or in EU decentralised agencies (FRONTEX, ECDC, EUROPOL, EMSA, EFSA, EMA etc.). The European External Action Service has at its disposal structures with situation awareness, intelligence or military expertise[6] as well as the network of Delegations that may contribute to the response to threats or disasters in the territory of Member States or to crises with an external dimension. Coordination and information exchange between the Commission and EEAS and relevant agencies will take place in the framework of meetings convened by the Commission to prepare the proposed crisis response measures.
Implementation arrangements for the Solidarity Clause do not replace any existing instruments or policies and the specific procedures for their activation. They provide an umbrella framework for situations of extraordinary threat or damage that overwhelm the response capacities of the affected Member State(s). To improve efficiency and avoid duplication of structures and functions, a network approach will be used. The most relevant EU response centre for each crisis will constitute the hub and the interface with Member States (the ‘centre of gravity’), supported by the full spectrum of specialised services.
The proposal foresees that the EU should act only in exceptional circumstances and at the request of the political authorities of a Member State which sees its own capacities overwhelmed as the result of an actual or imminent terrorist attack or of a natural or man-made disaster.
The Member State affected may invoke the Solidarity Clause and must address its request to the Commission and notify simultaneously the Presidency of the Council.
The competent authorities of the Member State affected must immediately take contact with the Commission's Emergency Response Centre (ERC) which will act as the initial single 24/7 point of contact at service level for the Union.
Once the Solidarity Clause has been invoked, the Commission and the High Representative acting in accordance with the arrangements set out in this Decision, must:
· First, identify and mobilise all Union instruments that can help respond to the given crisis. These include all sector-specific, operational or policy instruments that fall within their own remit In addition, the Commission and the High Representative must identify and propose the use of instruments and resources falling within the remit of Union Agencies.
· Then, working in close contact with the affected Member State, assess whether existing instruments are sufficient or whether additional support is required, complemented, where appropriate, with financial assistance from the EU Solidarity Fund.
· Where appropriate, submit proposals to the Council as concerns operational decisions to reinforce existing mechanisms, decisions on exceptional measures by Member States not foreseen by existing instruments; policy coordination and information exchange; operational or support measures for fast reaction of Member States.
If military support is needed, other than what is already foreseen by the Civil Protection Mechanism, a separate proposal will be submitted by the High Representative in accordance with the relevant Treaty provisions.
The Commission and the European External Action Service will produce joint integrated situation assessment reports. These reports will be compiled by the ERC or the designated operational centre, in cooperation with the EU Situation Room, drawing on contributions from the different situation awareness and crisis management centres in Member States, the Commission, the EEAS, the EU Agencies and relevant international organisations. These reports will be shared with Member States to inform and support the coordination and decision-making at political level in the Council.
The ERC will initially act as the single operational hub at Union level. The Commission, in consultation with the High Representative, may subsequently designate another centre better placed to assume that function taking into account the nature of the crisis. The designated operational hub will act as the primary point of contact for Member States. It will take the lead in coordinating the operational response and in producing joint situation assessment reports.
Once the Clause has been invoked, the Presidency may decide to activate the Crisis Coordination Arrangements and identify the most appropriate way for rapid consultation and decision-making in the Council, in compliance with the obligation of Member States to assist, in accordance with Article 222(2). Support to the operation of the Crisis Coordination Arrangements shall be provided by the General Secretariat of the Council, the Commission and EEAS.
Starting in 2015, the Commission and the High Representative will regularly produce a joint integrated threat and risk assessment report at Union level. This report will build on assessments of threats, hazards and risks currently compiled in various sectors (such as terrorism, organised crime, civil protection, health, climate change and environment). It will be based in particular on monitoring, interpretation and sharing of information provided by the Member States (through existing sectoral networks or from crisis centres), EU Agencies and relevant international organisations. The integrated threat and risk assessment reports will be the basis for a regular assessment by the European Council.
The legal basis of this proposal is Article 222 of the Treaty on the Functioning of the European Union.
The proposal provides that the EU should act only in exceptional circumstances and at the request of the political authorities of a Member State which sees its own capacities overwhelmed.
The proposal does not go beyond what is necessary to achieve the objectives of the Clause. To this end, it foresees due use of all ordinary existing EU assistance instruments.