Comes into force on 26 May

The European Union strengthens its civil protection

PHOTO/ARCHVO - This regulation, which enters into force on the day of its publication, will apply from 1 January 2021

The unprecedented experience of the COVID-19 pandemic has shown that the EU and Member States must be better prepared to respond to large-scale emergencies. // Regulation (EU) 2021/836.

The Official Journal of the European Union (OJEU) of 26 May publishes Regulation (EU) 2021/836 of the European Parliament and of the Council of 20 May 2021 amending Decision No 1313/2013/EU on a Union Civil Protection Mechanism.

This regulation, which enters into force on the day of its publication and will be applicable from 1 January 2021, introduces 29 amendments to the original decision, which we do not comment on in detail here, but some of the main principles to which they respond.

The Union Civil Protection Mechanism (the "Union Mechanism"), regulated by Decision 1313/2013/EU, strengthens cooperation between the EU and the Member States and facilitates coordination in the field of civil protection in order to improve the EU's response to natural and man-made disasters.

While the primary responsibility for prevention, preparedness and response to natural and man-made disasters lies with the Member States, the Union Mechanism, and in particular EU Resilience (which allows for a last resort response to extreme situations when existing national capacities and those pre-committed by Member States to the European Civil Protection Reserve cannot, under the circumstances, ensure an effective response to different types of disasters), promotes solidarity between Member States. The Union Mechanism does this by reinforcing the collective EU response to natural or man-made disasters by establishing a pool of capacities that complement existing capacities of Member States, where the capacities available at national level are not sufficient, thus allowing for more effective preparedness and response, and improving disaster prevention and preparedness. Adequate financial appropriations are needed in order to establish, deploy and use EU rescue capabilities to further strengthen the European Civil Protection Pool and to cover the additional costs arising from adaptation grants and the operation of the capabilities committed to the European Civil Protection Pool.

The unprecedented experience of the COVID-19 pandemic has shown that the EU and Member States need to be better prepared to respond to large-scale emergencies affecting several Member States simultaneously, and that the existing legal framework for health and civil protection needs to be strengthened. This pandemic has also highlighted how the consequences of disasters for human health, the environment, society and the economy can reach devastating proportions. During the COVID-19 pandemic, the EU was able to swiftly adopt, on the basis of the existing provisions of Decision 1313/2013/EU, implementing provisions to extend EU rescue capacities to include the stockpiling of medical countermeasures such as vaccines and therapeutic treatments, and of intensive medical care equipment, personal protective equipment and laboratory supplies, for preparedness and response to a serious cross-border health threat. In order to improve the effectiveness of preparedness and response measures, new provisions reinforcing the existing legal framework, including by allowing the European Commission to directly procure, under certain conditions, the necessary EU rescue capabilities, could further reduce deployment time in the future. It is also important that EU rescue operations are well coordinated with national civil protection authorities.

Climate change is leading to an increase in the frequency, intensity and complexity of natural disasters in the EU and the rest of the world, and hence the need for a high level of solidarity between countries. Natural disasters such as forest fires can lead to a loss of lives, livelihoods and biodiversity, a release of large amounts of carbon emissions and a decrease in the carbon absorption capacity of the planet, further exacerbating climate change. It is therefore essential that disaster prevention, preparedness and response be strengthened and that the Union Mechanism has sufficient capacities, including during the transitional period of EU rescue, to act when forest fires or other natural disasters occur.

The role of regional and local authorities in disaster prevention and management is of great importance and, where appropriate, their capabilities should be included in the activities carried out under Decision 1313/2013/EU in order to minimise overlaps and promote interoperability. Therefore, there is also a need for continued cross-border cooperation at local and regional levels, with a view to developing common early warning systems for rapid interventions prior to the activation of the Union Mechanism. Similarly, and taking into account national structures, it is important to recognise the need to provide technical assistance and training to local communities to enhance their first response capacities where appropriate. It is also important to keep the public informed about initial response measures.

The Emergency Response Coordination Centre (ERCC) should be further strengthened as an operational centre at EU level operating 24 hours a day, seven days a week, with the capacity to monitor and support operations in various types of emergencies, inside and outside the EU and in real time. Reinforcing measures should include enhanced coordination of the ECESR with the national civil protection authorities of the Member States, as well as with other relevant EU bodies. The work of the ECESR is supported by scientific expertise, including that provided by the European Commission's Joint Research Centre.

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