Explanatory Memorandum to COM(2016)115 - Provision of emergency support within the Union - Main contents
Please note
This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2016)115 - Provision of emergency support within the Union. |
|---|---|
| source | COM(2016)115  |
| date | 02-03-2016 |
1. CONTEXT OF THE PROPOSAL
• Reasons for and objectives of the proposal
The current sudden and massive influx of refugees and migrants into Europe has created an exceptional situation whereby large numbers of persons require urgent humanitarian assistance, going beyond the organisational capacity of the authorities of one or several Union Member States. The European Council of 18 and 19 February 2016 called for urgent action and concrete proposals from the Commission to put in place the capacity for the Union to provide humanitarian assistance within the EU based on the experience of the Commission's Humanitarian Aid and Civil Protection Department. Given immediate needs arising from the current migration and refugee crisis, this assistance will as a priority support countries facing large numbers of refugees and migrants but can also be used for any other emergency needs that may arise.
The migration and refugee crisis affecting the Union is a notable example of a situation where, in spite of the efforts undertaken by the Union in assisting the countries primarily concerned to address the root causes of such exceptional circumstances, the Union and its Member States have been directly affected in turn.
It is also a striking illustration of the type of impact that crises and disasters may have on the Union and its Member States and the ensuing need for the latter to be in a better position to respond to those taking into account the prevailing economic situation of the affected Member States as well as the economic impact of those disasters on the Member States.
The impact of both man-made and natural disasters within the Union is increasingly severe, linked to a number of factors, such as climate change, to which external factors and circumstances unfolding in the neighbourhood of the Union and other countries in the world may directly and severely contribute. Man-made or natural disasters may be of such a scale and impact that they can give rise to severe economic difficulties in one or several Member States; they can also occur in one or several Member States already facing for other reasons severe economic difficulties, with the ensuing result of exacerbating and aggravating even further the overall economic situation of the Member States concerned. In either case, the response capacity of the Member State concerned would be adversely affected so that the assistance being provided to people in need would in turn be negatively impacted.
The provision of the Treaty on the Functioning of the European Union (TFEU) concerning humanitarian aid (Article 214) can only be relied upon to adopt measures assisting affected people in third countries; there is therefore a need to determine whether existing Union instruments applicable within the EU would allow to meet the above-mentioned exceptional needs, and, if not, which alternative avenue would be open for Union action.
One instrument is the Union Civil Protection Mechanism (UCPM). The UCPM has been activated for the refugee and migration crisis. However, as needs are very similar in many participating states, the voluntary offers of assistance to the requests of in particular Greece, Slovenia and Croatia have remained insufficient.
A number of other EU instruments, such as the EU Solidarity Fund (EUSF), the Asylum, Migration and Integration Fund (AMIF), the Internal Security Fund (ISF) (in the context of the migration crisis) or the European Fund for the Most Deprived (FEAD) can provide significant financial resources for assistance within Europe, thereby providing relief to Member States. However, these instruments are not targeted specifically to address large humanitarian needs. In particular, they primarily rely on the administrative and operational capacities of governments, who may already be under stress in financial and economic terms.
It is therefore appropriate for the Union, acting in a spirit of solidarity, to address the basic needs of disaster-struck people within the Union while minimising the economic impact on the affected Member States facing severe economic difficulties. As such, the provision of emergency support of a humanitarian nature within the Union is proposed to be based on Article 122(1) TFEU.
• Consistency with existing policy provisions in the policy area
There has been no measure previously adopted on the basis of Article 122(1) TFEU addressing the same underlying needs; there should therefore be no issue of consistency.
• Consistency with other Union policies
The Regulation is consistent with other Union policies as it seeks to complement and supplement those by addressing needs that would have otherwise remained unmet to a large extent.
More specifically, the Regulation is fully consistent and seeks to maximise synergies with Decision No 1313/2013/EU on a Union Civil Protection Mechanism (UCPM). In particular, any actions undertaken pursuant to this Regulation will need to be closely coordinated with UCPM activities where the latter has been activated in order to respond to natural or man-made disasters within the EU. This also holds true for the European Union Solidarity Fund (EUSF), the Asylum, Migration and Integration Fund (AMIF), the Internal Security Fund (ISF) or the European Fund for the Most Deprived (FEAD).
The Regulation is also consistent with the policies and principles that the Union pursues during its operations outside the Union, in the field of humanitarian aid.
2. LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY
• Legal basis
The legal basis for this proposal is Article 122(1) of the Treaty on the Functioning of the European Union.
• Subsidiarity (for non-exclusive competence)
The objectives of the proposal cannot be sufficiently achieved by the Member States acting on their own. In the event of natural or man-made disasters with wide ranging humanitarian impacts affecting one or more Member States, the latter's response capacities may be overwhelmed and they may be unable to provide a sufficient response to humanitarian needs. Such an assumption is even stronger where said disasters, which naturally entail financial consequences, occur in Member States which are already facing severe economic difficulties. In either case, it appears both appropriate and necessary for the Union to act in a spirit of solidarity in order to support the affected Member States to address any emerging humanitarian needs and, simultaneously, reduce the economic impacts upon them.
• Proportionality
The proposal does not go beyond what is necessary to achieve the objectives. It addresses gaps that have been identified during the ongoing migration and refugee crisis and proposes solutions in line with the mandate given by the European Council.
The administrative burden for the Union and the Member States is limited and does not go beyond what is necessary to achieve the objectives of the proposal.
• Choice of the instrument
Proposal for a Council Regulation.
3. RESULTS OF EX-POST EVALUATIONS, STAKEHOLDER CONSULTATIONS AND IMPACT ASSESSMENTS
• Stakeholder consultations
Given the extreme humanitarian urgency stemming from the ongoing migration and refugee crisis no stakeholder consultation was performed.
The Commission has based its proposal on data which it has come to possess in the course of the aforementioned crisis.
• Collection and use of expertise
This proposal is based to a large extent on the experience of the Humanitarian Aid and Civil Protection department of the European Commission.
• Impact assessment
Given the extreme humanitarian urgency stemming from the ongoing migration and refugee crisis no impact assessment was performed.
The Commission has based its proposal on data which it has come to possess in the course of the aforementioned crisis.
• Fundamental rights
This proposal is fully in line with the protection of fundamental rights; it actually seeks to contribute to upholding some of those rights, in particular human dignity and the rights to life and the integrity of the person.
4. BUDGETARY IMPLICATIONS
An allocation of EUR 300 million would be required in 2016 to support Member States' actions to address outstanding humanitarian needs within the Union. Further needs are likely to arise if the migrant and refugee flows continue at the current level. The needs for 2017 and 2018 are estimated at EUR 200 million for each year.
5. OTHER ELEMENTS
• Implementation plans and monitoring, evaluation and reporting arrangements
Actions receiving financial support under this Regulation shall be monitored regularly in order to follow their implementation.
Three years after the entry into force of the Regulation, the Commission shall submit an evaluation of the operation of this Regulation to the Council, together with suggestions for the future of the Regulation and, as necessary, proposals for amendments to it.
• Detailed explanation of the specific provisions of the proposal
Article 1 specifies the purpose and scope of the proposal, which seeks to lay down the framework within which Union emergency support may be awarded, in a spirit of solidarity, in the event of natural or man-made disasters within the Union where the exceptional scale and impact of the disaster is such that it gives rises to severe wide-ranging humanitarian consequences. By contributing to addressing the basic needs of disaster-struck people within the Union, this Regulation therefore contributes to minimising the economic impact on Member States by addressing those needs.
Article 2 defines which actions would be eligible as emergency support under the proposed Regulation. In essence, the emergency support to be provided would consist of a needs-based response, complementing and supplementing the response of the affected Member States, aimed at preserving life, preventing and alleviating human suffering and maintaining human dignity, taking the form of any of the actions that can be provided under Council Regulation (EC) No 1257/96 concerning humanitarian aid. It also identifies which entities would be entrusted with the implementation of those actions (in effect the Commission or partner organisations, which can either be non-governmental organisations, international organisations or the specialised services of the Member States to the extent that those have relevant experience to implement support actions under the proposed Regulation).
Article 3 concerns the types of financial intervention under the proposed Regulation and the implementing procedures to be used to that effect. In keeping with the legal basis used for the proposal, the action envisaged by this Regulation responds notably to the desire to act in a spirit of solidarity, so that the provision of emergency support thereunder should be financed by the general budget of the Union as well as by contributions which may be made by other public or private donors, as external assigned revenue. Reference is made to the relevant provisions of the Financial Regulation applicable to the EU general budget to define the implementing procedures, which are direct and indirect management allowing thereby the Commission to award public procurement contracts to suppliers and service providers and grants to non-governmental organisations (NGOs) and the specialised services of the Member States 1 , and entrust budget implementation tasks to international organisations.
Article 3 further specifies that NGOs with which the Commission has concluded framework partnership agreements pursuant to Council Regulation (EC) No 1257/96 concerning humanitarian aid are deemed to be eligible for implementing actions under the proposed Regulation.
Article 4 identifies the costs eligible for Union financing under the proposed Regulation, which can either be directly related to the operational activities of the support actions to be implemented under the Regulation or indirectly related thereto when they concern the overheads and other administrative and management costs of the partner organisations. Union financing should also be available for expenses pertaining to preparatory, monitoring, control, audit and evaluation activities which are required for the management of the support to be provided under the proposed Regulation. It also specifies certain modalities for the award of grants (in particular the possibility to award grants with retrospective effect covering up to 100% of the eligible costs).
Article 5 lays down the principle that synergies and complementarity are to be sought with other instruments of the Union. While this provision is of general application with respect to all existing Union instruments, a certain number of such instruments are mentioned for illustrative purposes as they are particularly relevant in light of their subject matter when compared to that of the proposed Regulation.
Article 6 sets out the measures to be taken to ensure an adequate protection of the financial interests of the Union throughout the expenditure cycle. Such measures include the prevention, detection and investigation of irregularities, the recovery of funds lost, unduly paid or incorrectly used and, where appropriate, administrative and financial penalties in accordance with Regulation (EU, Euratom) No 966/2012.
Article 7 requires that actions receiving financial support under this Regulation be monitored regularly in order to follow their implementation; it also provides for an evaluation of the operation of the proposed Regulation to be carried out after three years.
Article 8 determines the entry into force of the Regulation, which should occur on the day of its publication in the Official Journal due to the urgency of the matter.