2007/124/EC,Euratom: Council Decision of 12 February 2007 establishing for the period 2007 to 2013, as part of General Programme on Security and Safeguarding Liberties, the Specific Programme Prevention, Preparedness and Consequence Management of Terrorism and other Security related risks

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 308 thereof,

Having regard and to the Treaty establishing the European Atomic Energy Community, and in particular Article 203 thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament⁽¹⁾,

Whereas:

1. Prevention, preparedness and consequence management of terrorism and other security related risks are essential aspects of the protection of people and critical infrastructure within the area of freedom, security and justice.

2. The revised European Union Plan of Action on Combating Terrorism as adopted by the European Council of 17-18 June 2004, identified as priority issues, inter alia, the prevention and consequence management of terrorist attacks, and the protection of critical infrastructures.

3. On 2 December 2004, the Council adopted the revised European Union Solidarity Programme on the Consequences of Terrorist Threats and Attacks, highlighting the importance of risk and threat assessments, protection of critical infrastructure, mechanisms for the detection and identification of terrorist threats, and the political and operational preparedness and capability for consequence management.

4. The Council in December 2005 decided that the European Programme for Critical Infrastructure protection (EPCIP) will be based on an all hazards approach while countering threats from terrorism is regarded as priority. New Counter Terrorism Strategy which contains four strands: Prevent, protect, pursue and respond, was also adopted at December 2005 European Council.

5. The Community mechanism to facilitate reinforced cooperation in civil protection assistance interventions, established by Council Decision 2001/792/EC, Euratom⁽²⁾ of 23 October 2001, addresses immediate response to all major emergencies, but has not been designed specifically for prevention, preparedness and consequence management of terrorist attacks.

6. The Hague Programme⁽³⁾, set up by the European Council in November 2004, has called for integrated and coordinated management of crises within the EU with cross-border effects.

7. Within the scope of its competence the Community shall contribute to taking the necessary measures to prevent terrorists from attacking the values of democracy, the rule of law, open society and the freedom of our citizens and societies, and to limit the consequences of any attack wherever possible.

8. In the interest of efficacy, cost-efficiency and transparency, the specific efforts on prevention, preparedness and consequence management of terrorism should be streamlined and financed by one single programme.

9. With regard to legal certainty and coherence, and to the complementarity with other financial programmes, the terms ‘prevention and preparedness’, ‘consequence management’ and ‘critical infrastructure’ should be defined.

10. The primary responsibility for protecting critical infrastructures falls on the Member States, owners, operators and users (users being defined as organisations that exploit and use the infrastructure for business and service provision purposes). Member States authorities will provide leadership and coordination in developing and implementing a nationally consistent approach to the protection of critical infrastructure within their jurisdictions, taking into account existing Community competences. The responsibility for carrying out risk and threat assessments therefore lies primarily with the Member States.

11. Commission actions, together with transnational projects where appropriate, are essential to achieve an integrated and coordinated EC approach. In addition, it is useful and appropriate to support projects within Member States to the extent that they can provide useful experience and knowledge for further actions at Community level, in particular risk and threat assessments. In this regard it is appropriate to adopt all hazards approach while considering the terrorist threat as a priority.

12. It is also appropriate to provide for third countries and international organisations to participate in transnational projects.

13. Complementarity needs to be ensured with other Community and Union programmes such as the European Union Solidarity Fund and the Civil Protection Financial Instrument, the Community mechanism to facilitate reinforced cooperation in civil protection assistance interventions, Seventh Framework Programme for Research, Technological Development and Demonstration Activities and the Structural Funds.

14. Since the objectives of this Decision cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale or impact of the programme, be better achieved at the Community level, the Community may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Decision does not go beyond what is necessary to achieve those objectives.

15. The expenditure of the programme should be compatible with the ceiling under Heading 3 of the financial framework. It is necessary to foresee flexibility in the definition of the programme to allow for eventual adjustments in any envisaged actions, in order to respond to the evolution of needs in the course of the period 2007-2013. The decision should, therefore, be limited to the generic definition of envisaged actions and their respective administrative and financial arrangements.

16. Appropriate measures should also be taken to prevent irregularities and fraud and the necessary steps should be taken to recover funds lost, wrongly paid or incorrectly used in accordance with Council Regulations (EC, Euratom) No 2988/95 of 18 December 1995 on the protection of the Communities' financial interests⁽⁴⁾, (Euratom, EC) No 2185/96⁽⁵⁾ of 11 November 1996 concerning on-the-spot checks and inspections carried out by the Commission and Regulation (EC) No 1073/1999 of the European Parliament and of the Council of 25 May 1999 concerning investigations conducted by the European Anti-Fraud Office (OLAF)⁽⁶⁾.

17. Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities⁽⁷⁾ and Commission Regulation (EC, Euratom) No 2342/2002⁽⁸⁾ of 23 December 2002 laying down detailed rules for the implementation of Council Regulation (EC, Euratom) No 1605/2002, which safeguard the Community's financial interests, apply, taking into account the principles of simplicity and consistency in the choice of budgetary instruments, a limitation on the number of cases where the Commission retains direct responsibility for their implementation and management, and the required proportionality between the amount of resources and the administrative burden related to their use.

18. The measures necessary for the implementation of this Decision should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission⁽⁹⁾, with a distinction being made between those measures which are subject to the management committee procedure and those which are subject to the advisory committee procedure, the advisory committee procedure being in certain cases, with a view to increased efficiency, the more appropriate.

19. The Treaty establishing the European Community and the Treaty establishing the European Atomic Energy Community provide for no powers, other than those in Articles 308 and 203, respectively, for adopting this Decision

20. The European Economic and Social Committee has delivered an opinion⁽¹⁰⁾.

21. In order to ensure the effective and timely implementation of the programme, this Decision should apply from 1 January 2007,

HAS DECIDED AS FOLLOWS: