EN
ENEN
/ EUROPEAN COMMISSIONBrussels, XXXX
C(2011) XXXX
Draft
COMMISSION IMPLEMENTING DECISION
Of XX.XX.2011
concerning the adoption of the annual work programme and financing decision for 2011 in the framework of Council Decision 2007/162/EC, Euratom establishing a Civil Protection Financial Instrument
(Text with EEA relevance)
ENEN
Draft
COMMISSION IMPLEMENTING DECISION
of XX.XX.2011
concerning the adoption of the annual work programme andfinancing decision for 2011 in the framework of Council Decision 2007/162/EC, Euratom establishing a Civil Protection Financial Instrument
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the functioning of the European Union,
Having regard to Council Decision No 2007/162/EC, Euratom establishing a Civil Protection Financial Instrument[1], and in particular Article 6 thereof,
Having regard to Council Decision No 2007/779/EC, Euratom establishing a Community Civil Protection Mechanism (recast)[2], and in particular Article 2 thereof,
Having regard to Commission Decision 2007/606/EC, Euratom of 8 August 2007 laying down rules for the implementation of the provisions on transport in Council Decision 2007/162/EC[3],
Having regard to Commission Decision 2008/73/EC, Euratom amending Decision 2004/277/EC, Euratom as regards rules for the implementation of the Mechanism,
Having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002[4] on the Financial Regulation applicable to the general budget of the European Communities, as last amended by Council Regulation (EC) 1525/2007 of 17 December 2007[5] (Financial Regulation),
Having regard to Commission Regulation (EC, Euratom) No 2342/2002 of 23 December 2002 laying down detailed rules for the implementation of Council Regulation (EC, Euratom) No1605/2002 on the Financial Regulation applicable to the general budget of the European Communities[6], as last modified by Commission Regulation (EC, Euratom) No 478/2007 of 23 April 2007 (Implementing Rules)[7],
Whereas:
(1)The Civil Protection Financial Instrument established by Council Decision 2007/162/EC, Euratom is intended to support and complement the efforts of the Member States for the protection, primarily of 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 and to facilitate reinforced cooperation between the Member States in the field of civil protection.
(2)Article 6(2) of Council Decision 2007/162/EC, Euratom states that financial assistance may take the form of grants or public procurement contracts.
(3)Article 6(3) states that, in the case of grants, the Commission shall adopt annual work programmes specifying the objectives, the schedule of the call or calls for proposals, the indicative amount involved, the maximum rate of financial intervention and the results expected.
(4)Article 6(4) states that, in the case of public procurement, contracts including framework contracts for the purposes of mobilisation of the necessary means for implementing rapid response actions shall be included in the annual work programme.
(5)Under Article 110 of the Financial Regulation, grants are subject to an annual work programme.
(6)Under Article 166 of the Implementing Rules, the annual work programme for grants is to be adopted by the Commission. It is to specify the basic act, the objectives, the schedule of calls for proposals with the indicative amounts and the results expected.
(7)Under Article 168(1) (a), (b), (c), (f) of the Implementing Rules, the Commission can decide to award grants without a call for proposals in case of aid for crisis situations, as defined in Article 168(2) of the Implementing Rules,or in exceptional and duly substantiated emergencies or to bodies with a duly substantiated de facto or de jure monopoly or for actions with specific characteristics that require a particular type of body on account of its technical competence.
(8)The Annual Work Programme 2011 to implement Council Decision 2007/162/EC, Euratom should therefore be adopted.
(9)The general budget of the EU adopted on 15 December 2010 provides for a total amount of EUR 9 million with respect to budget line 23 03 06 - Civil Protection in third countries. As this amount is higher than the figure known when Decision C(2010) 8762 was adopted, the latter should be repealed and replaced by an act referring to the final amount as provided for in the final budget.
(10)This Decision constitutes a financing decision within the meaning of Article 75(2) of the Financial Regulation and Article 90 of the Implementing Rules.
(11)The measures provided for in this Decision are in accordance with the opinion of the Committee established by Article 13(1) of Council Decision 2007/162/EC, Euratom.
(12)Under Article 83 of the Financial Regulation, creditors paid late are entitled to receive default interest charged to the line from which the principal was paid. It is therefore necessary to foresee that such default interest falls within the scope of this Decision.
(13)It is appropriate to define the terms ‘substantial change’ within the meaning of Article 90(4) of the Implementing Rules for the application of this decision,
HAS DECIDED AS FOLLOWS:
Article 1
The work programme set out in the Annex is hereby adopted as the 2011 Annual Work Programme on the following budget articles and items, for the amounts of appropriations stated in the 2011 Budget:
- Budget article 23 01 04 02 - Civil Protection Financial Instrument – Administrative Management - for an amount of EUR350000;
- Budget article 23 03 01 - Civil Protection Financial Instrument - for an amount of EUR18000000;
- Budget article 23 03 06 - Civil Protection interventions in third countries- for an amount of EUR9000000.
Article 2
1.Pursuant toArticle 168(1) (a), (b), (c) and (f) of the Implementing Rules, the Commission shallaward grants without a call for proposals to the competent authorities, designated in compliance with Article 12 ofCommission Decision 2007/606/EC, Euratom, tocomplement the transport provided by Participating States by financing additional transport resources necessary for ensuring a rapid response to major emergencies falling in the scope of the Mechanism.
2.Pursuant toArticle 168(1)(c) of the Implementing Rules, the Commission shallaward grants without a call for proposals to the Member State holding the Presidency of the Council of the European Union to support the exchange of knowledge and experience on specific strategic civil protection issues and to discuss further civil protection actions between Participating States.
Article 3
Within the maximum indicative budget set out in the Annex, cumulated changes not exceeding 20%of the maximum contribution of the Union are not considered to be substantial provided that they do not significantly affect the nature and objectives of the work programme.
The Authorising Officer by Delegation may adopt such changes in accordance with the principles of sound financial management.
Article 4
The Director-General for Humanitarian Aid and Civil Protection is responsible for ensuring the publication and implementation of the annual work programme.
Article 5
The appropriations covered by the work programme may be used to pay default interest in accordance with Article 83 of Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002.
Article 6
Decision C(2010) 8762 final of 10 December 2010 is repealed.
Done at Brussels, […].
For the Commission
Kristalina GEORGIEVA
Member of the Commission
EN1EN
ANNEX
CIVIL PROTECTION FINANCIAL INSTRUMENT
WORK PROGRAMME 2011
The budget amount indicated is for EU 27 as foreseen for the year 2011 and can be supplemented by the contribution from the EEA countries and future accession countries, which have signed a Memorandum of Understanding.
Legal bases
Council Decision 2007/162/EC, Euratom establishing a Civil Protection Financial Instrument,
Council Decision 2007/779/EC, Euratom establishing a Community Civil Protection Mechanism (recast),
Commission Decision 2008/73/EC, Euratom amending Decision 2004/277/EC, Euratom as regards rules for the implementation of the Mechanism,
Commission Decision 2007/606 EC, Euratom of 8 August 2007 laying down rules for the implementation of the provisions on transport in Council Decision 2007/162/EC, Euratom.
Budget articles
23 03 01Civil Protection Financial Instrument
23010402Civil Protection Financial Instrument - Expenditure on administrative management
23 03 06Civil protection interventions in third countries
Budget amounts
On budget article 230301 / EUR18000000On budget article 23010402 / EUR350000
On budget article 230306 / EUR9000000
Objectives of the programme
The Civil Protection Financial Instrument established by Council Decision2007/162/EC, Euratom is intended to support and complement the efforts of the Member States for the protection, primarily of 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 and to facilitate reinforced cooperation between the Member States in the field of civil protection. It builds on three main objectives - Response, Preparedness and Prevention.
The present work programme covers the actions that are eligible for financial assistance under the Civil Protection Financial Instrument in the field of response, preparedness and prevention.
In compliance with Article 8 of the Civil Protection Financial Instrument, in implementing these actions, synergies and complementarity with other instruments of the Union shall be sought.
For emergencies occurring inside the EU, this will include consistency with Council Regulation (EC) No 2012/2002 establishing the European Union Solidarity Fund.
In the case of response to disasters in third countries, the Commission will in particular ensure the complementarity and coherence of the actions included in this work programme and the actions financed under Council Regulation (EC) 1257/96 of 20 June 1996 concerning humanitarian aid[8].
Actions inside the EU – i.e. actions in the field of prevention and preparedness as well as actions related to the civil protection response to major emergencies within Member States – are covered by budget article 23 03 01. Actions related to the response to major emergencies in third countries are covered by budget article 23 03 06.
Introduction
This work programme contains implementing measures for the year 2011. On the basis of the objectives given in Council Decision 2007/162/EC, Euratom establishing a Civil Protection Financial Instrument, the budget breakdown and main actions are as follows:
- Budget Article 23 03 01 -Civil Protection Financial Instrument
Total amount earmarked in 2011: EUR 18000000
Grants (implemented under direct centralised management)Transport resources / Action1.2a / EUR 700000
Exercises / Action 2.2 / EUR2000000
Preparedness projects / Action 2.4 / EUR 1600000
Prevention projects / Action 3.1 / EUR 2000000
Workshops with EU Presidency / Action 4.4 / EUR 150000
TOTAL / EUR6450000
Procurement (implemented under direct centralised management)
Transport resources / Action 1.2b / EUR 330000
Training / Action 2.1 / EUR 4900000
Exercises on modules and Technical Assistance and Support Teams / Action 2.3 / EUR 2200000
Disaster Prevention / Action 3.2 / EUR 580000
Awareness-raising activities and the dissemination of good practices / Action 4.1 / EUR 800000
Early Warning / Action 4.2 / EUR 1200000
Maintenance and further development of CECIS and the MIC / Action 4.3 / EUR1 040000
TOTAL / EUR 11050000
Reimbursement of expenses
Dispatching expertise / Action 1.1 / EUR 50000
Lessons learnt programme, technical meetings, training and exercise observation missions / Action 4.5 / EUR 450000
TOTAL / EUR500000
- Budget article 23010402 -Civil Protection Financial Instrument-Expenditure on administrative management
Evaluation / Action 5.1 / EUR 150000
CECIS hosting, MIC security and resilience / Action 5.2 / EUR 200000
TOTAL / EUR 350000
- Budget article -23 03 06 -Civil protection interventions in third countries
Dispatching expertise (Reimbursement of expenses) / Action 1.1 / EUR 600000
Transport and associated logistics (Grants implemented under direct centralised management) / Action 1.2a / EUR5600000
Transport and associated logistics (Procurement implemented under direct centralised management) / Action 1.2b / EUR 2 800000
TOTAL / EUR 9000000
THEMATIC OVERVIEW
The following section shows the various subheadings of the 2011 Work Programme according to the main actions.
Operational expenditure
1.Response......
1.1 Dispatching expertise......
1.2a Transport resources, (Grants)......
1.2b Transport resources, (Procurement)......
2.Preparedness......
2.1 Training......
2.2 Exercises......
2.3 Exercises on modules and technical assistance and support teams......
2.4 Preparedness projects......
3.Prevention......
3.1 prevention projects......
3.2 Other Prevention Activities
4.Supplementary and awareness-raising activities......
4.1. awareness-raising activities andthe dissemination of good practices......
4.2 Early Warning......
4.3 Maintenance and further development of CECIS and the MIC......
4.4 Workshops with the EU presidency......
4.5 Lessons learnt programme, technical meetings, training and exercise observation
missions……………………………………………………………………………………….
5.Support expenditure
5.1 Evaluation......
5.2 CECIS hosting, MIC security and resilience......
EN1EN
Operational expenditure
A. Budget article 23 03 01 – Civil Protection Financial Instrument and
budget Article 23 03 06- civil protection interventions in third countries
1.Response
1.1 Dispatching expertiseObjectives / Dispatch assessment and coordination experts, along with their supporting equipment, facilitate the provision of assistance and cooperation with other actors in the event of major emergencies, or imminent threat thereof, in civil protection assistance interventions in the framework of the Mechanism.
Provide appropriate logistical support for the assessment and/or coordination experts it deploys.
Expected results / The assessment and/or coordination team of experts is deployed quickly and works safely and autonomously in the field in close cooperation with the UN and EU humanitarian aid, whenever they are involved in the emergency, keeping contacts with the competent authorities of the State requesting assistance and other actors concerned by the emergency, in coordination with the MIC.
The team of experts is provided with the safety and telecom equipment necessary to fulfil its tasks and may mobilize all technical and logistical equipment necessary to assess the situation, the civil protection needs, and/or facilitate the coordination on site of civil protection assistance channelled through the Mechanism by Participating States.
Type of activity / Experts’ missions as defined in Article 5.4 of the Council Decision 2007/779/EC, Euratom: “establishing the capability to mobilise and dispatch, as quickly as possible, small teams of experts” and on the basis of Article 4.2 a of the Council Decision 2007/162/EC, Euratom "dispatching assessment and coordination experts along with their supporting equipment, in particular communication tools, to facilitate the provision of assistance and cooperation with other actors present"
Indicative amount / EUR 50000, budget article 23 03 01 (for missions inside EU)
EUR 600000, budget article 23 03 06 (for missions outside EU)
Type of procedure / Service contract with a logistic executive service provider.
Pending the entry into force of the contract, activities will be managed with the following procedures:
- Use of existing framework contract for travel and accommodation costs; reimbursement of such costs to experts whenever the use of the framework contract is not possible;
- Use of framework contract or low value contracts for insurance coverage of experts and MIC Liaison Officers, including risks not covered by the standard Commission contract;
- Use of low value contracts for purchase of safety, telecommunication and technical equipment;
- Reimbursement of all operational costs of the experts approved and necessary to execute the mission that were paid in advance by the MIC Liaison Officers (e.g. with official credit cards)
- Reimbursement of all other mission’s related costs to experts on the basis of written agreements.
Indicative schedule / Use of existing framework contract or
Call for tender for a service contract:
- Publication of the call: 1st semester 2011
1.2a Transport resources[9], [10] (Grants)
Objectives / Complement the transport provided by Participating States by financing additional transport resources necessary for ensuring a rapid response to major emergencies falling in the scope of the Mechanism.
Expected results / Participating States transport the assistance offered through the Mechanism (and accepted) by a requesting country efficiently and timely in order to cope with the nature of the emergency’s scenario.
Type of activity / Co-financing of the following transport costs:
- Related to the movement of transport resources to the point of dispatch in the territory of the Participating State offering the civil protection assistance;
- Incurred from the point of dispatch to its final destination;
- Necessary for the return journey of the transport assets and any team and their equipment;
Indicative amount / EUR 700000, budget article 23 03 01
EUR 5600000, budget article 23 03 06 -Civil protection interventions in third countries
Eligible costs are established in Article 9 of Commission Decision 2007/606 EC, Euratom of 8 August 2007 laying down rules for the implementation of the provisions on transport in Council Decision 2007/162/EC. Article4.3a) of the Civil Protection Financial Instrument provides for reimbursement of at least 50% of the Union funds by Member States.
Type of procedure / Direct grants awarded without calls for proposals to competent authorities designated in compliance with Article 12 of the Commission Decision 2007/606 EC, Euratom of 8 August 2007 laying down the rules for the implementation of the provisions on transport (Article110 of Financial Regulation/Article 168(1) (a), (b), (c) and (f) of Implementing Rules) or Framework Partnership Agreements in compliance with Article 6.3 of the Decision.
Indicative schedule / Individual grant agreements with competent Participating State authorities upon occurrence of emergency based on the criteria set out in Article 8 of Commission Decision 2007/606 EC, Euratom of 8August 2007 laying down rules for the implementation of the provisions on transport in Council Decision 2007/162/EC Euratom.
1.2b Transport resources[11], [12] (Procurement)
Objectives / Support Participating States in obtaining access to transport resources by:
- Identifying and facilitating their access to transport resources that may be available from other sources, including the commercial market;
- Complementing the transport provided by Participating States by financing additional transport resources necessary for ensuring a rapid response to major emergencies falling in the scope of the Mechanism.
Expected result / The assistance offered by Participating States through the Mechanism and accepted by a requesting country is transported efficiently and timely in order to cope with the nature of the emergency’s scenario, with transport resources available from other sources, including the commercial market.
Type of activity / Provision of information on available alternative means of transportation. Co-financing of the following transport costs:
- Related to the movement of transport resources to the point of dispatch in the territory of the Participating State offering the civil protection assistance;
- Incurred from the point of dispatch to its final destination;
- Necessary for the return journey of transport assets and any team and their equipment;
Actions shall be eligible for financial assistance only if all the criteria as defined in Article 4.2 (c) of the Council Decision 2007/162/EC, Euratom are met.
Indicative amount / EUR 330000, budget article 23 03 01
EUR2800000, budget article 23 03 06 - Civil protection interventions in third countries
Eligible costs are established in Article 9 of Commission Decision 2007/606 EC, Euratom of 8 August 2007 laying down rules for the implementation of the provisions on transport in Council Decision 2007/162/EC. Article4.3a) of the Civil Protection Financial Instrument. Article 7.3 of Commission Decision 2007/606 EC, Euratom provides for reimbursement of at least 50% of the Union funds by Member States)
Type of procedure / Open call for tender or the use of existing framework contract with a transport contractor
Indicative schedule / Renewal of existing framework contract in December 2011.
In case of the publication of a new call, the indicative schedule is as follows:
Publication: May 2011
Signature of specific contracts upon occurrence of emergency based on the criteria set out in Article 8 of Commission Decision 2007/606 EC, Euratom of 8August 2007 laying down rules for the implementation of the provisions on transport in Council Decision 2007/162/EC Euratom.
2.Preparedness