Decision (EU) 2019/420 of the European Parliament and of the Council of 13 March 2019 amending Decision No 1313/2013/EU on a Union Civil Protection Mechanism

1 In order to promote an effective and coherent approach to the prevention of and preparedness for disasters by sharing non- sensitive information, namely information disclosure of which would not be contrary to the essential interests of Member States' security, and to promote the exchange of best practices within the Union Mechanism, Member States shall: (a) further develop risk assessments at national or appropriate sub-national level; (b) further develop the assessment of risk management capability at national or appropriate sub-national level; (c) further develop and refine disaster risk management planning at national or appropriate sub-national level; (d) make available to the Commission a summary of the relevant elements of the assessments referred to in points (a) and (b), focusing on key risks. For key risks having cross-border impacts as well as, where appropriate, for low probability risks with a high impact, Member States shall describe priority prevention and preparedness measures. The summary shall be provided to the Commission by 31 December 2020 and every three years thereafter and whenever there are important changes; (e) participate, on a voluntary basis, in peer reviews on the assessment of risk management capability.

2 The Commission, in cooperation with Member States, may also establish specific consultation mechanisms to enhance appropriate prevention and preparedness planning and coordination among Member States that are prone to similar types of disasters, including for cross-border risks and low probability risks with a high impact identified under point (d) of paragraph 1.

3 The Commission shall further develop, together with the Member States, by 22 December 2019, guidelines on the submission of the summary referred to in point (d) of paragraph 1.

4 Where a Member State frequently requests the same type of assistance through the Union Mechanism for the same type of disaster, the Commission, following a careful analysis of the reasons and circumstances of the activation, and with the aim of supporting the Member State concerned to strengthen its level of prevention and preparedness, may: (a) request that Member State to provide additional information on specific prevention and preparedness measures related to the risk corresponding to that type of disaster; and (b) where appropriate, based on the information provided: (i) propose the deployment of an expert team on site to provide advice on prevention and preparedness measures; or (ii) make recommendations to strengthen the level of prevention and preparedness in the Member State concerned. The Commission and that Member State shall keep each other informed about any measures taken following such recommendations. In the event that a Member State requests the same type of assistance through the Union Mechanism for the same type of disaster three times within three consecutive years, points (a) and (b) shall apply unless a careful analysis of the reasons for and circumstances of the frequent activations demonstrate that it is not necessary.’;

1 rescEU shall be established to provide assistance in overwhelming situations where overall existing capacities at national level and those pre-committed by Member States to the European Civil Protection Pool are not, in the circumstances, able to ensure an effective response to the various kinds of disasters referred to in Article 1(2). In order to guarantee an effective response to disasters, the Commission and the Member States shall, where appropriate, ensure an adequate geographical distribution of rescEU capacities.

2 The Commission shall define, by means of implementing acts adopted under point (g) of Article 32(1), the capacities rescEU shall consist of, taking into account identified and emerging risks, overall capacities and gaps at Union level, in particular in the areas of aerial forest fire fighting, chemical, biological, radiological and nuclear incidents, and emergency medical response. Those implementing acts shall ensure consistency with other applicable Union law. The first such implementing act shall be adopted by 22 June 2019.

1 Any assistance or funding provided under this Decision shall give appropriate visibility to the Union, including prominence to the Union emblem for those capacities referred to under Articles 11 and 12 and point (c) of Article 21(2). A communication strategy shall be developed by the Commission in order to make the tangible results of the actions taken under the Union Mechanism visible to citizens.

2 The Commission shall award medals in order to recognise and honour long-standing commitment and extraordinary contributions to Union civil protection.’;

1 The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.

2 The power to adopt delegated acts referred to in Article 19(5) and (6) shall be conferred on the Commission until 31 December 2020.

3 The power to adopt delegated acts referred to in Article 21(3) shall be conferred on the Commission for an indeterminate period of time from 21 March 2019.

4 The delegation of power referred to in Article 19(5) and (6) and Article 21(3) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

5 Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making.

6 As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

7 A delegated act adopted pursuant to Article 19(5) and (6) and Article 21(3) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.’;

1 Actions receiving financial assistance shall be monitored regularly in order to follow their implementation.

2 The Commission shall submit a report to the European Parliament and to the Council on operations and progress made under Articles 11 and 12 every two years. The report shall include information on progress made towards the capacity goals and remaining gaps as referred to in Article 11(2), taking into account the establishment of rescEU capacities in accordance with Article 12. The report shall also provide an overview of the budgetary and cost developments relating to response capacities, and an assessment of the need for further development of those capacities.

3 The Commission shall evaluate the application of this Decision and submit a communication on the effectiveness, cost efficiency and continued implementation of this Decision, in particular as regards Article 6(4), and of rescEU capacities, to the European Parliament and to the Council, by 31 December 2023 and every five years thereafter. That communication shall be accompanied, where appropriate, by proposals for amendments to this Decision.’;

Until 1 January 2025, Union financial assistance may be provided to cover 75 % of the costs necessary to ensure rapid access to national capacities corresponding to those defined in accordance with Article 12(2). For that purpose, direct grants may be awarded by the Commission to Member States without a call for proposals. The capacities referred to in the first paragraph shall be designated as rescEU capacities until the end of this transitional period. By way of derogation from Article 12(6), the decision on the deployment of the capacities referred to in the first paragraph shall be taken by the Member State that made them available as rescEU capacities. When domestic emergencies, force majeure or, in exceptional cases, serious reasons prevent a Member State from making those capacities available for a specific disaster, that Member State shall inform the Commission as soon as possible by referring to this Article.’;

This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union. Existing arrangements falling under Article 28 of Decision No 1313/2013/EU shall continue to apply until they are replaced as appropriate.