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Post-Lisbon Developments in EU Crisis Management: The Integrated Political Crisis Response (IPCR) Arrangements

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Part of the book series: The International Library of Ethics, Law and Technology ((ELTE,volume 20))

Abstract

This chapter describes the new developments taking place in European Union (EU) crisis management, in particular post-Lisbon Treaty arrangements related to the EU response to major crises. The implementation of the Solidarity Clause and adoption of the Integrated Political Crisis Response (IPCR) arrangements indicates the Union’s determination to systematize its decision-making procedures in response to crisis situations. This chapter explains first the main impediments for the use of the IPCR predecessor – Emergency and Crisis Coordination Arrangements (CCA) and the long consultation process leading to the adoption of the IPCR. Subsequently, the chapter explains how the new institutional set-up for crisis response at the high political level works and how the EU Member States and institutions interact in the event of major crises. The analysis focuses on the legal framework of decision-making at the EU level and on the operational aspects aimed at strengthening the EU’s capacity to collect and analyse real time information necessary for strategic decision-making. First activation of the IPCR is discussed in the context of the EU response to the refugee and migration crisis.

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Notes

  1. 1.

    Similarly Article 72 of the Treaty on the Functioning of the European Union states in regard to Title V – Area of Freedom, Security and Justice  – that: This Title shall not affect the exercise of the responsibilities incumbent upon Member States with regard to the maintenance of law and order and the safeguarding of internal security.

  2. 2.

    On solidarity as a European concept, See: Raspotnik, Andreas, Marine Jacob, and Laura Ventura. 2012. The Issue of solidarity in the European Union, TEPSA Brief. August 8. http://www.tepsa.eu/download/TEPSA Policy Paper The issue of solidarity in the European Union.pdf Accessed 3 October 2018.

  3. 3.

    Council Decision 2014/415/EU of 24 June 2014 on the arrangements for the implementation by the Union of the solidarity clause, OJ L192/53, 1 July 2014.

  4. 4.

    According to Article 222(2) and Declaration (No 37) of the Treaty on the Functioning of the European Union: a Member State can choose the most appropriate means to comply with its own obligation towards another Member State.

  5. 5.

    On the 25 of June 2013 the Council of General Affairs approved the document 10708/13 regarding Finalisation of the CCA review process: the EU Integrated Political Crisis Response (IPCR) arrangements. http://www.consilium.europa.eu/register/en/content/out/?&typ=ENTRY&i=ADV&DOC_ID=ST-10708-2013-INIT. Accessed 3 October 2013.

  6. 6.

    The Saveso’s chemical accident resulted in adoption of the Council Directive 82/501/EEC of June 241,982 on the Major-Accidents Hazards of Certain Industrial Activities, the so-called Saveso directive.

  7. 7.

    For a holistic perspective on the EU crisis management and analysis of the EU capabilities across policy sectors, institutions and agencies, see: Boin et al. 2013.

  8. 8.

    Resolution of the Council and Representatives of the Governments of the Member States of 25 June 1987 on the introduction of Community co-operation on civil protection, and subsequent decisions: Resolution of 13 February 1989 on the new developments in Community co-operation on civil protection , Resolution of 23 November 1990 on Community co-operation on civil protection, Resolution of 23 November 1990 on improving mutual aid between Member States in the event of a natural or man-made disaster, Resolution of 8 July 1991 on improving mutual aid in the event of a natural or technological disaster.

  9. 9.

    Council Decision 2001/792/EC of 23 October 2001 establishing a Community mechanism to facilitate reinforced cooperation in civil protection assistance interventions, OJ L 297, 15 November 2001.

  10. 10.

    Council Regulation (Euratom) 3954/87 laying down maximum permitted levels of radioactive contamination of foodstuffs and of feeding stuffs following a nuclear accident or any other case of radiological emergency, amended by Regulation No. 2218/89 of 18 July 1989.

  11. 11.

    The European Food Safety Authority (EFSA) was set up in January 2002 as an independent source of scientific advice and communication on risks associated with the food chain, European Regulation 178/2002.

  12. 12.

    The Hague Programme: Strengthening Freedom, Security and Justice in the European Union approved by the European Council at the meeting on 5 November 2004, point 2.4. Management of crises within the European Union with cross-border effects, OJ C 53/1, 3 March 2005.

  13. 13.

    ibid.

  14. 14.

    Council Declaration on the EU response to London bombings, Council of the European Union document 11158/05, 13 July 2005, point 7. http://www.consilium.europa.eu/register/en/content/out/?&typ=ENTRY&i=ADV&DOC_ID=ST-11158-2005-INIT. Accessed 3 October 2018.

  15. 15.

    Council of the European Union document on EU emergency and crisis co-ordination arrangements, 15106/05, 29 November 2005. http://www.consilium.europa.eu/register/en/content/out/?&typ=ENTRY&i=ADV&DOC_ID=ST-15106-2005-INIT. Accessed 3 October 2018.

    Justice and Home Affairs Council Conclusions on the EU Emergency and Crisis Response Capacities, Council of the European Union document 9409/06, 1–2 June 2006. http://www.consilium.europa.eu/register/en/content/out/?&typ=ENTRY&i=ADV&DOC_ID=ST-9409-2006-INIT. Accessed 3 October 2018.

  16. 16.

    Council of the European Union Document 15106/05, 29 November 2005, point 5. http://www.consilium.europa.eu/register/en/content/out/?&typ=ENTRY&i=ADV&DOC_ID=ST-15106-2005-INIT. Accessed 3 October 2018.

  17. 17.

    Ibid, point 6.

  18. 18.

    CCA exercise 2010 (CCAEX10) Draft Evaluation Report, Council of the European Union Document 15529/10, 28 October 2010. http://www.consilium.europa.eu/register/en/content/out/?&typ=ENTRY&i=ADV&DOC_ID=ST-15529-2010-INIT. Accessed 3 October 2018.

  19. 19.

    CCA Standard Operating Procedures, Council of the European Union Document 11949/2/10 REV2, 20 July 2010. http://www.consilium.europa.eu/register/en/content/out/?&typ=ENTRY&i=ADV&DOC_ID=ST-11949-2010-REV-2. Accessed 3 October 2018.

  20. 20.

    Council Decision 2010/427/EU of 26 July 2010 establishing the organisation and functioning of the European External Action Service, OJ L 201/30, 3 August 2010.

  21. 21.

    Review of the Emergency and Crisis Coordination Arrangements (CCA) : Mandate of the Friends of the Presidency Group , Council of the European Union Document 17308/10, 3 December 2010. http://www.consilium.europa.eu/register/en/content/out/?&typ=ENTRY&i=ADV&DOC_ID=ST-17308-2010-INIT. Accessed 5 October 2018.

  22. 22.

    Article 222(3) TFEU stipulates that: The arrangements for the implementation by the Union of the solidarity clause shall be defined by a decision adopted by the Council acting on a joint proposal by the Commission and the High Representative of the Union for Foreign Affairs and Security Policy.

  23. 23.

    Joint Proposal for a Council Decision on the arrangements for the implementation by the Union of the Solidarity Clause , JOIN (2012) 39 final, 21 December 2012.

  24. 24.

    COREPER endorsed an additional mandate to the Friends of the Presidency (FoP/CCA) group on the review of the EU Emergency and Crisis Coordination Arrangements to include also the proposal on the implementation of the solidarity clause, thus changing the name of the working group from FoP/CCA to FoP on the CCA review and the solidarity clause implementation (FoP CCA/SCI). Through this mandate the FoP working group was tasked to bring work forward on the solidarity clause and ensure coherent handling of the consultation process in the Council. For details see: Council of the European Union Document 6598/13, 23 February 2013. http://www.consilium.europa.eu/register/en/content/out/?&typ=ENTRY&i=ADV&DOC_ID=ST-6598-2013-INIT. Accessed 5 October 2018.

  25. 25.

    Finalisation of the CCA review process, Council of the European Union Document 10708/13, 7 June 2013; the Annex on the EU Integrated Political Crisis Response (IPCR) arrangements was approved by the General Affairs Council at the meeting on 25 June 2013. http://www.consilium.europa.eu/register/en/content/out/?&typ=ENTRY&i=ADV&DOC_ID=ST-10708-2013-INIT. Accessed 5 October 2018.

  26. 26.

    Council Decision 2014/415/EU of 24 June 2014 on the arrangements for the implementation by the Union of the solidarity clause, OJ L 192/56, 1 July 2014.

  27. 27.

    Declaration 37 on Article 222 of the Treaty on the Functioning of the European Union, OJ 2012/C 326/01, 26 October 2012.

  28. 28.

    Paragraph 20, Council Decision 2014/415/EU, op. cit.

  29. 29.

    Council of the European Union, Document 107008/13, op. cit.

  30. 30.

    Article 5(1), Council Decision 2014/415/EU, op. cit.

  31. 31.

    Paragraph 1 of the Annex, Council of the European Union Document 10708/13, references to ‘crisis’ or crisis situations’ throughout this document cover crises as indicated in this paragraph. http://www.consilium.europa.eu/register/en/content/out/?&typ=ENTRY&i=ADV&DOC_ID=ST-10708-2013-INIT. Accessed 8 October 2018.

  32. 32.

    Article 1, Council Framework Decision 2002/475/JHA of 13 June 2002 on combating terrorism , OJ L 164, 22 June 2002.

  33. 33.

    Article 3, Council Decision 2014/415/EU, op.cit.

  34. 34.

    Council Decision 2014/415/EU op. cit., Paragraph 4 states that: The implementation of the solidarity clause by the Union should rely on existing instruments to the extend possible, should increase effectiveness by enhancing coordination and avoiding duplication, should function on the basis of no additional resources, should provide a simple and clear interface at Union level to Member States, and should respect the competences conferred upon each Union institution and service.

  35. 35.

    COSI is a new Standing Committee introduced by the Lisbon Treaty , Article 71 of TFEU. It has been set up within the Council and its main function is to facilitate, promote and strengthen coordination of operational actions of the authorities of the Member States competent in the field of internal security. See: Council Decision 2010/131/EU on setting up the Standing Committee on Operational Cooperation on Internal Security, 25 February 2010. OJ L 52, 3 March 2010.

  36. 36.

    As of October 2015, the ISAA SOPs were still under discussion within the Friends of the Presidency Group , Council of the European Union Document, 4297/15, 21 October 2015. http://www.consilium.europa.eu/register/en/content/out/?&typ=ENTRY&i=ADV&DOC_ID=CM-4297-2015-INIT. Accessed 8 October 2018.

  37. 37.

    The Emergency Response Coordination Centre (ERCC) was established in May 2013 and is situated in the Commission’s DG ECHO; it is an enhanced coordination platform. The ERCC has a 24/7 monitoring capacity that enables an immediate response to emergencies. It also provides channels for real-time coordination and information sharing through videoconferencing, allowing the centre to connect relevant member states authorities and EU institutions. See Decision 1313/2013/EU of the European Parliament and of the Council of 17 December 2013 on a Union Civil Protection Mechanism , OJ L 347/924, 20 December 2013.

  38. 38.

    The EU Situation Room was established in July 2011 within the EEAS, the formal duties of this capability are: to provide worldwide monitoring and situation awareness, to serve EU Delegations and CSDP missions, to provide support to EEAS Crisis Management Platform and to engage with relevant Member States’ crisis coordination centres.

  39. 39.

    Council of the European Union Document 7051/14, 27 February 2014 and 11417/15. http://www.consilium.europa.eu/register/en/content/out/?&typ=ENTRY&i=ADV&DOC_ID=ST-7051-2014-INIT. Accessed 8 October 2018.

  40. 40.

    Conclusions of the European Council Meeting, 15 October 2015. http://www.consilium.europa.eu/en/meetings/european-council/2015/10/15-16/. Accessed 10 April 2017.

  41. 41.

    Council of the European Union Document 6745/16, 3 March 2016, Refugee and Migration Crisis focused analysis of the use of the IPCR Web Platform. http://data.consilium.europa.eu/doc/document/ST-6745-2016-INIT/en/pdf. Accessed 8 October 2018.

  42. 42.

    Council of the European Union Document 13880/15, 9 November 2015, Annex: Council Conclusions on Measures to Handle the Refugee and Migration Crisis, Point 18: to support the Presidency’s Decision to upgrade the activation of the IPCR from information-sharing to full activation mode including by providing information to feed the ISAA process, by contributing to the identification of operational gaps, and by supporting communication activities, thereby improving political coordination and decision-making process at the EU level. http://www.consilium.europa.eu/register/en/content/out/?&typ=ENTRY&i=ADV&DOC_ID=ST-13880-2015-INIT. Accessed 8 October 2008.

  43. 43.

    For a detailed evaluation of the first IPCR activation see: Annex to the Luxembourg EU Presidency Report – Managing migration flows, State of play – implementing solutions and remaining gaps, 16 December 2015. http://www.eu2015lu.eu/en/actualites/notes-fond/2015/12/17-migration-flows-management-report-presidency/12_17_migration-flows-management-report-presidency.pdf . Accessed 8 October 2018.

  44. 44.

    Ibid.

  45. 45.

    https://english.eu2016.nl/documents/reports/2016/02/13/presidency-report-migration. Accessed 7 October 2018.

  46. 46.

    The Netherlands EU Presidency Report, Joining efforts on migration, 7 March 2016. https://english.eu2016.nl/documents/reports/2016/02/13/presidency-report-migration. Accessed 7 October 2018.

  47. 47.

    Council Regulation (EU) 2016/369 of 15 March 2016 on the provision of emergency support within the Union. http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32016R0369. Accessed 7 October 2018.

  48. 48.

    Council of the European Union Document, CM 4452/18, 24 September 2018. http://data.consilium.europa.eu/doc/document/CM-4452-2018-INIT/en/pdf. Accessed 8 October 2018.

  49. 49.

    An earlier version of the report was commissioned by the General Secretariat of the Council to inform internal discussions with senior EU and national officials.

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Nimark, A. (2019). Post-Lisbon Developments in EU Crisis Management: The Integrated Political Crisis Response (IPCR) Arrangements. In: O'Mathúna, D., de Miguel Beriain, I. (eds) Ethics and Law for Chemical, Biological, Radiological, Nuclear & Explosive Crises. The International Library of Ethics, Law and Technology, vol 20. Springer, Cham. https://doi.org/10.1007/978-3-030-11977-5_7

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