Legal base	—
Document originated	4 March 2009
Deposited in Parliament	6 March 2009
Department	Cabinet Office
Basis of consideration	EM of 30 March 2009
Previous Committee Report	None
To be discussed in Council	November 2009
Committee's assessment	Politically important
Committee's decision	Cleared

Background

9.1 Article 2 of the EC Treaty makes solidarity between Member States part of the task of the European Community; and Article 3(1)(u) says that the Community's activities should include civil protection.

9.2 The Community already has arrangements to help Member States respond to natural or man-made disasters. They include:

• the EU Solidarity Fund, which provides grants towards the cost of rescue operations, cleaning up, restoring public services and providing temporary accommodation;
• the Community Civil Protection Mechanism, which is run by the Commission and mobilises immediate practical help (such as experts and equipment to clean-up oil pollution or fight forest fires) from other Member States to countries which have suffered a major disaster; and
• the Community Civil Protection Action Programme, which funds the operation of the Mechanism and provides grants to Member States and EFTA countries to encourage cross-border cooperation and mutual assistance through, for example, seminars on disaster management, training and the exchange of experts.

The document

9.3 The Commission has consulted widely with Member States and others with an interest in the subject — such as insurance companies, scientists and bodies concerned with environment and land use — about whether the Community needs a strategy for the prevention of natural and man-made disasters. There was a general consensus that the efforts of the Member States and the Community to prevent disasters should be strengthened. The Commission also points to a Resolution of the European Parliament in 2007 and a conclusion of the General Affairs and External Relations Council in June 2008 inviting the Commission to present a Communication on prevention. This document provides the Commission's response.

9.4 The stated objective of the Communication is to identify measures which could be included in a Community strategy for the prevention of natural and man-made disasters. By "prevention", the Commission means not only preventing avoidable disasters but also minimising their effects if they occur.

9.5 The Commission notes that disasters, such as floods, fires, earthquakes, oil spills and emissions of toxic fumes to the atmosphere, do not respect national borders. It considers that Community action should complement the actions of the Member States and should aim to :

• create the conditions for the development of disaster prevention policies based on sound evidence, at all levels of government;
• link the people and organisations involved in preventing, preparing for, responding to and recovering from disasters; and
• make better use of the Community's existing legislation and financial support programmes.

9.6 The Communication gives illustrations of the action which could be taken to achieve each of those aims. For example, the Commission will:

• create an inventory of existing sources of information about disasters and identify both gaps in knowledge and data that needs to be collected in a form which permits comparisons;
• draw up guidelines on the mapping of hazards and risks;
• use the EC's 7^th R&D Framework Programme to support the prevention strategy;
• disseminate information about best practice;
• make proposals for training;
• set up a European network of representatives of the authorities in Member States which are concerned with land-use planning, mapping risks, environmental protection and preparing for and responding to emergencies;
• strengthen the links between existing early warning systems;
• produce a list of existing Community spending programmes which are capable of providing support for disaster prevention activities and a list of preventive measures by Member States which might be eligible for grants; and
• cooperate with third countries on the prevention of disasters.

9.7 Finally, the Commission invites the Council, the European Parliament, the Committee of the Regions and the European Economic and Social Committee to comment on the Communication and says that it will have further consultations with people and organisations with an interest in disaster prevention.

The Government's view

9.8 The Parliamentary Secretary to the Cabinet Office (Mr Tom Watson) tells us that, in the Government's view, civil protection is primarily the responsibility of Member States but that the Commission can play a useful supporting role by facilitating mutual assistance and the dissemination of good practice. The Government broadly welcomes the action outlined in the Communication but notes with caution a few of the proposals. For example, the Minister says that some parts of Europe are more vulnerable to earthquakes and so he questions whether it would be sensible to encourage all Member States to adopt common design standards for all new buildings.

9.9 The Minister also tells us that the Swedish Presidency is expected to prepare Council Conclusions on disaster prevention for consideration at the JHA Council in November 2009.

Conclusion

9.10 We share the Government's view that Member States have the primary responsibility for the prevention of avoidable disasters and that the Community's role should be confined to providing support for their efforts. On the face of it, the work the Commission describes in the Communication is consistent with that role. But, because of the importance of compliance with the principle of subsidiarity and the avoidance of "competence creep", we suggest that the proposed Council Conclusions should state unequivocally that Member States have the primary responsibility and that the Community's role should be limited to providing support.

9.11 We also challenge the statement in the Commission staff working document that:

"All EU citizens are entitled to an equivalent level of safety and protection on the territory of the EU".[39]

There is no authority for that statement in the Treaties; it conflicts with the responsibility of each Member State to decide what is appropriate for its circumstances; and it denies the right of individual men and women to reach their own decisions about their safety and protection. We call upon the Minister to ensure that the statement is not reflected in the Conclusions the Council will be asked to approve in November.