The Commission shall decide on emergency action for an amount not in excess of ECU 10 million.
The following operations shall be deemed to necessitate emergency action:
- operations to meet immediate and unforeseeable humanitarian requirements generated by sudden natural or man-made disasters, such as floods, earthquakes and outbreaks of fighting or comparable situations,
- operations limited to the duration of the unforeseeable emergency response: the corresponding funds shall cover the response to the humanitarian needs referred to in the first indent for a period of not more than six months laid down in the decision on financing.
Where operations fulfil these conditions and are in excess of ECU 2 million:
- the Commission shall adopt its decision,
- it shall inform the Member States in writing within forty-eight hours,
- it shall account for its decision at the Committee's next meeting, in particular giving the reasons for its use of the emergency procedure.
Decisions to continue operations adopted by the emergency procedure shall be taken by the Commission, acting in accordance with the procedure laid down in Article 17 (3) and within the limits set in the second indent of Article 15 (2).
The Commission shall appraise, decide upon and administer, monitor and assess operations under this Regulation according to the budgetary and other procedures in force, and in particular those laid down in the Financial Regulation applicable to the general budget of the European Communities.
1. Acting in accordance with the procedure laid down in Article 17 (2), the Commission shall:
- decide on Community financing for the humanitarian-aid protection operations referred to in Article 2 (c),
- adopt implementing Regulations for this Regulation,
- decide to take direct Commission action or finance action by Member States' specialized agencies.
2. Acting in accordance with the procedure laid down in Article 17 (3), the Commission shall:
- approve global plans intended to provide a coherent framework for action in a given country or region where the scale and complexity of the humanitarian crisis is such that it seems likely to continue, and the budgets for those plans. In this context, the Commission and the Member States shall examine the priorities to be established in the implementation of these global plans,
- decide on projects in excess of ECU 2 million, without prejudice to Article 13.
1. Once a year the Committee referred to in Article 17 shall discuss general guidelines presented by a representative of the Commission for humanitarian operations to be undertaken in the year ahead and examine the whole question of the coordination of Community and national humanitarian aid and any general or specific issues concerning Community aid in that field.
2. The Commission shall also submit to the Committee referred to in Article 17 information on changes in the instruments for administering humanitarian aid, including the framework partnership agreement.
3. The Committee referred to in Article 17 shall also be notified of the Commission's intentions regarding the assessment of humanitarian operations, and, possibly, its timetable of work.
1. The Commission shall be assisted by a Committee composed of the representatives of the Member States and chaired by the representative of the Commission.
2. Where the procedure laid down in this paragraph is to be followed the representative of the Commission shall submit to the Committee a draft of the measures to be taken. The Committee shall deliver its opinion on the draft within a time limit which the Chairman may lay down according to the urgency of the matter. The opinion shall be delivered by the majority laid down in Article 148 (2) of the Treaty in the case of decisions which the Council is required to adopt on a proposal from the Commission. The votes of the representatives of the Member States within the Committee shall be weighted in the manner set out in that Article. The Chairman shall not vote.
The Commission shall adopt the measures envisaged if they are in accordance with the opinion of the Committee.
If the measures envisaged are not in accordance with the opinion of the Committee, or if no opinion is delivered, the Commission shall, without delay, submit to the Council a proposal relating to the measures to be taken. The Council shall act by a qualified majority.
If, on the expiry of a period of one month from the date of referral to the Council, the Council has not acted, the proposed measures shall be adopted by the Commission.
3. Where the procedure laid down in this paragraph is to be followed, the representative of the Commission shall submit to the Committee a draft of the measures to be taken. The Committee shall deliver its opinion on the draft within a time limit which the Chairman may lay down according to the urgency of the matter. The opinion shall be delivered by the majority laid down in Article 148 (2) of the Treaty in the case of decisions which the Council is required to adopt on a proposal from the Commission. The votes of the representatives of the Member States within the Committee shall be weighted in the manner set out in that Article. The Chairman shall not vote.
The Commission shall adopt measures which apply immediately. However, if these measures are not in accordance with the opinion of the Committee, they shall be communicated by the Commission to the Council forthwith. In that event the Commission may defer application of the measures which it has decided for a period of one month from the date of such communication.
The Council, acting by a qualified majority, may take a different decision within the time limit referred to in the previous paragraph.
1. The Commission shall regularly assess humanitarian aid operations financed by the Community in order to establish whether they have achieved their objectives and to produce guidelines for improving the effectiveness of subsequent operations. The Commission shall submit to the Committee a summary, which shall also indicate the status of the experts employed, of the assessment exercises carried out that it might, if necessary, examine. The assessment reports shall be available to the Member States on request.
2. At the Member States' request, and with their participation, the Commission may also assess the results of the Community's humanitarian operations and plans.
At the close of each financial year, the Commission shall submit an annual report to the European Parliament and to the Council with a summary of the operations financed in the course of that year.
The summary shall contain information concerning the agencies with which humanitarian operations have been implemented.
The report shall also include a review of any outside assessment exercises which may have been conducted on specific operations.
The Commission shall notify the Member States, within no more than one month of its decision and without prejudice to Article 13 of this Regulation, of the operations approved, indicating the amount granted, the nature of the operation, the people who have received aid and the partners involved.
Three years after entry into force of this Regulation, the Commission shall submit an overall assessment of the operations financed by the Community under this Regulation to the European Parliament and to the Council, together with suggestions for the future of the Regulation and, as necessary, proposals for amendments to it.
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Luxembourg, 20 June 1996.
For the Council
The President
P. BERSANI
(1) OJ No C 180, 14. 7. 1995, p. 6.
(2) Opinion of the European Parliament of 30 November 1995 (OJ No C 339, 18. 12. 1995, p. 60), Council common position of 29 January 1996 (OJ No C 87, 25. 3. 1996, p. 46) and Decision of the European Parliament of 21 May 1996 (OJ No C 166, 10. 6. 1996).
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
