Council Implementing Decision (EU) 2018/1993

of 11 December 2018

on the EU Integrated Political Crisis Response Arrangements

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Decision 2014/415/EU of 24 June 2014 on the arrangements for the implementation by the Union of the solidarity clause1, and in particular Article 9(3), thereof,

Whereas:

(1)

This Decision concerns the adaptation of the EU Integrated Political Crisis Response (‘IPCR’) arrangements, approved by the Council on 25 June 2013 and referred to in Article 1(2) of Decision 2014/415/EU. The IPCR should enable timely coordination and response at Union political level for crises, whether they originate inside or outside the Union or not and which have a wide-ranging impact or political significance.

(2)

The IPCR should support the arrangements for the implementation of the solidarity clause. As recognised by Decision 2014/415/EU, the IPCR may be used before an invocation of the solidarity clause and after the phasing out of the response. Thus, the IPCR should be designed in such a way as to be relevant in both the context of the invocation and independently of the invocation of the solidarity clause.

(3)

Response arrangements at the Union level should improve effectiveness through strengthened coordination, building upon existing instruments and respecting the powers of the institutions as well as competences and responsibilities of Member States.

(4)

The Council, as the institution with policy-making and coordinating functions pursuant to Article 16 of the Treaty on European Union (TEU), should be entrusted with the IPCR, as the latter concerns coordination and response at Union political level. In accordance with Article 222(2) of the Treaty on the Functioning of the European Union (TFEU), the Council is the institution where coordination takes place for the implementation of the solidarity clause by the Union and by the Member States pursuant to Article 1(2) of Decision 2014/415/EU.

(5)The Committee of Permanent Representatives of the Governments of the Member States to the European Union (Coreper), established by Article 240 TFEU, is responsible under the TEU and TFEU, as well as the Council's Rules of Procedure, for preparing the work of all the meetings of the Council and for ensuring consistency of the Union's policies and actions.

The responsibility of Coreper across the areas of Union policies and the combination of its rapidity and high level of political engagement puts Coreper at the centre of the IPCR activities carried out within the Council. Given the Presidency's overall political responsibility during each term, the Presidency at the level of Coreper should lead the IPCR process.

(6)

The Standing Committee on operational cooperation on internal security, established by Article 71 TFEU, ensures that operational cooperation on internal security is promoted and strengthened within the Union. Without prejudice to Article 240, it facilitates coordination of the action of Member States' competent authorities.

(7)

The Political and Security Committee (PSC), established by Article 38 TEU, monitors the international situation in the areas covered by the common foreign and security policy (CFSP) and contributes to the definition of policies by delivering opinions to the Council, without prejudice to the role of Coreper. In the event of a crisis with developments in the areas covered by the CFSP, close coordination between Coreper and PSC Chairs is necessary.

(8)

The Commission, as the institution promoting the general interest of the Union and taking appropriate initiatives to that end as well as ensuring the application of the Treaties and of measures adopted by the institutions under Article 17 TEU, has a key role when participating in the IPCR.

(9)

The High Representative of the Union for Foreign Affairs and Security Policy (HR) and the European External Action Service (EEAS) have structures with intelligence or military expertise at their disposal, as well as the network of Delegations that may contribute in the response to crises with an external dimension. Depending on the crisis, other structures and Union Agencies in the field of CFSP or Common Security and Defence Policy should provide, as appropriate, contributions in line with relevant provisions of Union law.

(10)

Each crisis might have different features requiring appropriate handling within the Council. The IPCR is designed to be flexible and scalable, allowing the involvement of the political level and the required support to be tailored to the needs of the crisis. The flexibility is achieved through the two modes of activation, namely information sharing or full activation, and the possibilities of involving relevant actors. Scalability refers to the level of political decision-making.

(11)

The Commission and the HR actively contributed to the shaping and creation of the IPCR in 2013. Since the establishment of the IPCR, the Commission and the HR have consistently decided to support the IPCR and have remained committed to contributing to its implementation. The contribution of the Commission and of the HR to the IPCR should also be incorporated into this Decision, taking full account of the competences of the Commission and the HR.

(12)

The IPCR has been used extensively to support the exchange of information on complex crises (monitoring pages on Syria/Iraq, Yemen, Ebola, Ukraine, Nepal, etc.), on crisis communication (best practices and communication strategies), on humanitarian assistance, and on counter terrorism. It was activated for the first time in October 2015 for the refugee and migration crisis. Since its activation, it has been instrumental in monitoring and supporting the response to the crisis, reporting to Coreper, the Council and the European Council. The IPCR has also been used to exercise the Union response to major crises caused by cyber-attacks, natural disasters, or hybrid threats.

(13)

IPCR Standard Operating Procedures (‘IPCR SOPs’) that already exist under current IPCR arrangements and which are detailed in a separate document, should be further developed and updated as needed in order to clearly identify the procedures, as well as the actions expected of each actor in the IPCR process.

(14)

Integrated Situational Awareness and Analysis (‘ISAA’) Standard Operating Procedures developed, in line with the IPCR SOPs, by the Commission and the EEAS within their respective roles and responsibilities should notably detail the functioning of the production of ISAA and the modalities to integrate information provided by Member States. In producing ISAA, it will be crucial to fully exploit potential synergies between stakeholders and existing means, structures and capabilities at Union level, avoiding duplication of existing structures and the creation of new permanent structures.

(15)

An informal IPCR Crisis Communicators Network (‘CCN’) comprised of communication experts from Member States and relevant Union bodies was set-up to contribute to preparedness in particular through the exchange of best practices and lessons identified.

(16)

In accordance with point (a) Article 346(1) TFEU, no Member State shall be obliged to supply information the disclosure of which it considers contrary to the essential interests of its security. Any classified information shall be handled in accordance with Council Decision 2013/488/EU2,

HAS ADOPTED THIS DECISION: