Proposal for a Council Regulation on the provision of emergency support within the Union

Author (Corporate)
Series Title
Series Details (2016) 115 final (2.3.16)
Publication Date 02/03/2016
Content Type

The current sudden and massive influx of refugees and migrants into Europe has created an exceptional situation whereby large numbers of persons require urgent humanitarian assistance, going beyond the organisational capacity of the authorities of one or several Union Member States. The European Council of 18 and 19 February 2016 called for urgent action and concrete proposals from the Commission to put in place the capacity for the Union to provide humanitarian assistance within the EU based on the experience of the Commission's Humanitarian Aid and Civil Protection Department. Given immediate needs arising from the current migration and refugee crisis, this assistance will as a priority support countries facing large numbers of refugees and migrants but can also be used for any other emergency needs that may arise.

The migration and refugee crisis affecting the Union is a notable example of a situation where, in spite of the efforts undertaken by the Union in assisting the countries primarily concerned to address the root causes of such exceptional circumstances, the Union and its Member States have been directly affected in turn. It is also a striking illustration of the type of impact that crises and disasters may have on the Union and its Member States and the ensuing need for the latter to be in a better position to respond to those taking into account the prevailing economic situation of the affected Member States as well as the economic impact of those disasters on the Member States.

The impact of both man-made and natural disasters within the Union is increasingly severe, linked to a number of factors, such as climate change, to which external factors and circumstances unfolding in the neighbourhood of the Union and other countries in the world may directly and severely contribute. Man-made or natural disasters may be of such a scale and impact that they can give rise to severe economic difficulties in one or several Member States; they can also occur in one or several Member States already facing for other reasons severe economic difficulties, with the ensuing result of exacerbating and aggravating even further the overall economic situation of the Member States concerned. In either case, the response capacity of the Member State concerned would be adversely affected so that the assistance being provided to people in need would in turn be negatively impacted.

The provision of the Treaty on the Functioning of the European Union (TFEU) concerning humanitarian aid (Article 214) can only be relied upon to adopt measures assisting affected people in third countries; there is therefore a need to determine whether existing Union instruments applicable within the EU would allow to meet the above-mentioned exceptional needs, and, if not, which alternative avenue would be open for Union action. One instrument is the Union Civil Protection Mechanism (UCPM). The UCPM has been activated for the refugee and migration crisis. However, as needs are very similar in many participating states, the voluntary offers of assistance to the requests of in particular Greece, Slovenia and Croatia have remained insufficient.

A number of other EU instruments, such as the EU Solidarity Fund (EUSF), the Asylum, Migration and Integration Fund (AMIF), the Internal Security Fund (ISF) (in the context of the migration crisis) or the European Fund for the Most Deprived (FEAD) can provide significant financial resources for assistance within Europe, thereby providing relief to Member States. However, these instruments are not targeted specifically to address large humanitarian needs. In particular, they primarily rely on the administrative and operational capacities of governments, who may already be under stress in financial and economic terms.

It is therefore appropriate for the Union, acting in a spirit of solidarity, to address the basic needs of disaster-struck people within the Union while minimising the economic impact on the affected Member States facing severe economic difficulties. As such, the provision of emergency support of a humanitarian nature within the Union is proposed to be based on Article 122(1) TFEU.

Source Link http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=COM:2016:115:FIN
Related Links
EUR-Lex: COM(2016)115: Follow the progress of this proposal through the decision-making procedure http://eur-lex.europa.eu/legal-content/EN/HIS/?uri=COM:2016:115:FIN
ESO: Background information: Commission proposes new Emergency Assistance instrument for faster crisis response within the EU http://www.europeansources.info/record/press-release-commission-proposes-new-emergency-assistance-instrument-for-faster-crisis-response-within-the-eu/
EUR-Lex: COM(2016)116: Communication from the Commission to the Council accompanying the proposal for a Council Regulation on the provision of emergency support within the EU http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=COM:2016:116:FIN

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