Explanatory Memorandum to COM(2019)125 - Amendment of Decision 1313/2013/EU on a Union Civil Protection Mechanism - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2019)125 - Amendment of Decision 1313/2013/EU on a Union Civil Protection Mechanism. |
|---|---|
| source | COM(2019)125  |
| date | 07-03-2019 |
1. CONTEXT OF THE PROPOSAL
• Reasons for and objectives of the proposal
Article 19 of Decision No 1313/2013/EU on a Union Civil Protection Mechanism 1 (‘Union Mechanism’) as well as related provisions, refer to the financial envelope available in support of civil protection under the current multiannual financial framework (2014- 2020). Given that the current multiannual financial framework period is drawing to an end, these provisions need to be amended to ensure continued financing for the Union Mechanism.
The scope of this amendment is strictly limited to the budgetary provisions of Decision No 1313/2013/EU and should not modify the substance. The proposed amendment is in line with the Commission proposal for the 2021-2027 multiannual financial framework of 2 May 2018 2 . The amount indicated in this proposal also mirrors the level of ambition set by the Commission in its proposed revision of Decision No 1313/2013/EU of 23 November 2017 (rescEU proposal) 3 .
This proposal provides for a date of entry into force as of 1 January 2021 and is adapted to a Union of 27 Member States, in line with the UK’s intention to withdraw from the EU and Euratom.
• Consistency with existing policy provisions in the policy area
This proposal provides the necessary budgetary resources to support a strengthened Union Mechanism. The latter contributes to the overarching objective of working towards a ‘Europe that Protects’ set by the Commission in its Communication on the 2021-2027 multiannual financial framework 4 .
Under the new proposal, funding related to civil protection has been subsumed into one heading (Heading 5 ‘Security and Defence’), alongside other protection-related programmes. This heading will encompass both the internal and external dimensions of civil protection.
• Consistency with other Union policies
The proposed amendment will provide the necessary resources to foster synergies and to enhance existing relations between the Union Mechanism and other EU policies.
This amendment will ensure that the Union Mechanism helps to strengthen the EU’s capacities in terms of disaster risk management (from disaster prevention, to disaster preparedness, response and recovery).
2. LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY
• Legal basis
The legal basis for this proposal is Article 196 of the Treaty on the Functioning of the European Union.
• Subsidiarity (for non-exclusive competence)
The Commission has a supporting competence in the area of civil protection. Member States still bear the primary responsibility when it comes to preventing, preparing for and responding to disasters. The Union Mechanism was established because major disasters can overwhelm the response capacities of any Member State acting alone. The provision of well-coordinated and rapid mutual assistance amongst Member States is at its core.
This amendment intends to align the budgetary provisions of the programme with the Commission proposal for the 2021-2027 multiannual financial framework. Given the technical/financial nature of this amendment, there are no implications for or changes to the principle of subsidiarity.
• Proportionality
This proposal does not go beyond what is necessary to achieve the stated objectives. It has been tabled to ensure that the stated objectives can be achieved.
The figures proposed in this amendment correspond to the figures announced by the Commission proposal for the 2021-2027 multiannual financial framework. These are in line with the principle of proportionality.
• Choice of the instrument
This proposal aims to amend an existing Decision. The most relevant and simple instrument for this is a Proposal for a Decision.
3. RESULTS OF EX-POST EVALUATIONS, STAKEHOLDER CONSULTATIONS AND IMPACT ASSESSMENTS
This proposal is of a technical nature as it seeks to align the budgetary provisions of the Decision with the Commission proposal for the 2021-2027 multiannual financial framework adopted on 2 May 2018. Its substance is based on the proposed revision of Decision No 1313/2013/EU of 23 November 2017 (rescEU proposal). No impact assessment has therefore been carried out.
However, the Better Regulation principles were applied to both the original Commission proposal that outlines the overall 2021-2027 multiannual financial framework and to the proposed revision of Decision No 1313/2013/EU of 23 November 2017 (rescEU proposal).
• Ex-post evaluations/fitness checks of existing legislation
Contents
• Stakeholder consultations
• Collection and use of expertise
• Impact assessment
• Regulatory fitness and simplification
• Fundamental rights
4. BUDGETARY IMPLICATIONS
In line with the Commission’s proposal for the 2021-2027 multiannual financial framework, EUR 1 400 000 000 5 (in current prices) has been allocated for implementing the Union Mechanism for that period. The proposed budgetary allocation mirrors the level of ambition set by the proposed revision of Decision No 1313/2013/EU of 23 November 2017 (rescEU proposal). The additional budget will allow the following actions to be carried out:
·reinforce the collective capacity of the Member States and the EU to respond to disasters by creating a dedicated reserve of response capacities (rescEU);
·higher (or new) EU co-financing to adapt, repair, transport and/or operate capacities that are committed to the European Civil Protection Pool;
·greater focus on prevention and on improving coherence with other key EU policies;
·set up a civil protection knowledge network; and
·strengthen cooperation with neighbourhood countries.
The legislative and financial statement that accompanies this proposal provides further details on the budgetary implications and the human and administrative resources required.
• Implementation plans and monitoring, evaluation and reporting arrangements
Article 34 i of Decision No 1313/2013/EU on a Union Civil Protection Mechanism applies. It states that ‘actions receiving financial assistance shall be monitored regularly in order to follow their implementation’. It also contains more general requirements for the Commission to submit a report every two years to the European Parliament and to the Council on the ‘progress towards the capacity goals and remaining gaps’ regarding the European Civil Protection Pool, taking into account the establishment of rescEU capacities. Moreover, the Commission should also evaluate the application of the Decision by submitting a communication every five years to the European Parliament and Council on the effectiveness, cost efficiency and continued implementation of the Decision Such evaluation should be based on the indicators provided for in Article 3 of the Decision No 1313/2013/EU.
• Explanatory documents (for directives)
• Detailed explanation of the specific provisions of the proposal
This proposal only amends the budgetary provisions of Decision No 1313/2012/EU.
The financial envelope mentioned in Article 19 of Decision No 1313/2013/EU needs to be updated and replaced by the new figures provided for in the Commission’s proposal for the 2021-2027 multiannual financial framework. In addition, given that the Union Mechanism/rescEU will be placed under a single heading (Heading 5: ‘Security and Defence’), as opposed to the current split between headings 3 and 4, the text should be amended accordingly.
This proposal also envisages the deletion of Annex I, which currently establishes the relative percentages that each pillar of the Union Mechanism (prevention, preparedness and response) should receive in terms of funding from the overall financial envelope. Given the changes put forward in the proposed revision of Decision No 1313/2013/EU of 23 November 2017 (rescEU proposal), the percentages outlined in Annex I do not appear to ensure sufficient flexibility so that the EU can achieve the objectives it has set. During an emergency, the percentages in Annex I lead to undue administrative burden and may limit the flexibility needed to adapt to the disaster needs in any given year. The need to invest in all phases of the disaster risk management cycle, prevention, preparedness and response is, in any case, embedded in the Union Mechanism.
As a result of the deletion of Annex I, paragraphs 4, 5 and 6 of Article 19 should also be deleted since they refer directly to the percentages mentioned in Annex I.
As a result, the proposal also amends Article 30 on the exercise of the delegation of powers conferred on the Commission. While the substance of the Article remains unchanged, the cross-references to Article 19 are removed. Article 30 has not been deleted in order to cater for the possibility to adopt delegated acts, as provided for in the proposed revision of Decision No 1313/2013/EU of 23 November 2017 (rescEU proposal) 6 .