Commission Decision
of 8 August 2007
laying down rules for the implementation of the provisions on transport in Council Decision 2007/162/EC, Euratom establishing a Civil Protection Financial Instrument
(notified under document number C(2007) 3769)
(Text with EEA relevance)
(2007/606/EC, Euratom)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to the Treaty establishing the European Atomic Energy Community,
Having regard to Council Decision 2007/162/EC, Euratom of 5 March 2007 establishing a Civil Protection Financial Instrument(1), and in particular Article 4(4) thereof,
Whereas:
(1) A Community Mechanism to facilitate reinforced cooperation in civil protection assistance interventions, hereinafter ‘the Mechanism’, was established by Council Decision 2001/792/EC, Euratom(2). Commission Decision 2004/277/EC, Euratom(3) lays down rules for the implementation thereof. It is necessary to refer to that Decision for the definitions of participating States and third countries.
(2) Decision 2007/162/EC, Euratom makes special provisions to fund certain transport resources in the event of a major emergency to facilitate a rapid and effective response thereto.
(3) It is necessary to establish the rules and procedures concerning the requests made by the participating States to obtain financial support from the Community to transport their assistance to the affected country and the handling of those requests by the Commission. To that end, it is necessary to establish the rules and procedures to follow with regard to the pooling or identifying of transport resources since one of the conditions for the provision of financial support is that all other possibilities for finding transport under the Mechanism have been exhausted. To ensure a rapid and effective response of the Community to major emergencies it is necessary to set a period on expiry of which requests for Community financing may become eligible.
(4) For reasons of transparency, coherence and effectiveness it is necessary to establish the information to be provided in the requests for transport support and related replies by the Participating States and the Commission.
(5) Where Community financial assistance may be provided in accordance with Decision 2007/162/EC, Euratom, participating States should have the choice to request either a grant or a transport service.
(6) It is necessary to define the information to be taken into account in order to determine whether the criteria set out in points (i) and (iii) of Article 4(2)(c) of Decision 2007/162/EC, Euratom and the principles of economy, efficiency and effectiveness of the Financial Regulation are met.
(7) It is necessary to define the eligible costs since under Decision 2007/162/EC, Euratom the financial assistance from the Community may take the form of grants or public procurement contracts implemented in accordance with Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities(4).
(8) Decision 2007/162/EC, Euratom provides that Member States requesting financial support from the Community for the transport of their assistance are to reimburse at least 50 % of the Community funds received within 180 days of the intervention. It is necessary to establish rules and procedures for that purpose. The costs incurred by the Commission are to be considered as funds received by Member States within the meaning of Article 4(3) of Decision 2007/162/EC, Euratom.
(9) Since it is the responsibility of Member States to provide equipment and transport for the civil protection assistance they offer in the framework of the Mechanism, and since the Commission has only a supporting role in financing additional transport resources at the request of Member States, it is necessary to safeguard the financial interests of the Community concerning compensation for possible damage by providing that the participating State requesting transport support shall refrain from making any request for compensation from the Community where such damage is the consequence of the provision of transport support governed by this Decision, unless it is proven to be the result of fraud or serious misconduct.
(10) The measures provided for in this Decision are in accordance with the opinion of the Committee for civil protection,
HAS ADOPTED THIS DECISION:
OJ L 248, 16.9.2002, p. 1. Regulation as amended by Regulation (EC, Euratom) No 1995/2006 (OJ L 390, 30.12.2006, p. 1).