2021/0401

Proposal for a

DIRECTIVE (EU) OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

concerning European Crisis Strategy and Management of Disasters (ECSMD)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 6 and
222 thereof,
Having regard to the proposal from the European Commission,
Whereas:
(1) Mutual assistance and support in the face of disasters is both a fundamental expression of the
universal value of solidarity between people and a moral imperative, as such disasters may lead
to a significant number of people being unable to meet their basic needs, with potential severe
adverse effects on their health and lives/
(2) The impact of both man-made and natural disasters within the Union is increasingly severe.
This is linked to a number of factors, such as climate change, but also to other contributing
external factors and circumstances which are unfolding in the Union's neighbourhood. The
COVID-19 crisis, declared a pandemic by the World Health Organization (WHO) on 11 March
2020, which has affected the European Union society and economy in a dramatic way, requiring
the Member States to adopt a set of exceptional measures, is a notable example.
(3) 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 severe economic difficulties for other reasons, with the
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 States concerned
would be adversely affected, and the assistance and support being provided to people in need
would, in turn, be negatively affected.
(4) The nature and consequences of the past events are large-scale and transnational and therefore
require a comprehensive response. The measures provided for under the Union Civil Protection
Mechanism ("rescEU") established by Decision No 1313/2013/EU of the European Parliament
and of the Council and other existing Union instruments are limited in scale and therefore do
not allow a sufficient response or make it possible to address effectively the large-scale
consequences of the crisis within the Union.
(5) To alleviate the acute strain on the medical workforce and on state resources due to insufficient
capacities of essential public services, and to maintain the viability of the healthcare system, a
temporary reinforcement and exchange of medical professionals as well as the treatment of
patients from other Member States, in the form of planned relocation and fast-tracking into the
essential fields, should be implemented.
(6) Given the similarities in addressing the basic needs of disaster-stricken people within the Union
through the provision of emergency support and in providing humanitarian aid to people
affected by man-made or natural disasters in third countries, all operations under this Directive
should be conducted in compliance with internationally-agreed humanitarian principles. Those
actions constitute measures appropriate to the economic situation of the Member States facing
those difficulties and complementing Union action encouraging cooperation between Member
States in order to improve the effectiveness of systems for preventing and protecting against
natural or man-made disasters.
(7) In the face of disasters governments should begin planning for specific relocations before they
are needed. Planning involves sufficient preparations including the creation of an enabling
regulatory environment and mobilization of adequate funding.
(8) Given the need to act in a spirit of solidarity, the provision of crisis strategy support under this
Directive should be financed by the general budget of the Union, as well as by contributions
which may be made by other public or private donors.
(9) This Directive should lay down the basis for providing financial support in the event of natural
or man-made disasters in respect of which, in a spirit of solidarity, the Union would be better
placed than Member States, acting alone and in an uncoordinated manner, to mobilize
appropriate levels of financing and use them to implement operations of a potentially life-saving
nature in an economic, efficient and effective manner, thereby allowing a more effective action
by reason of its scale and complementarity.
(10) In order to ensure equal treatment and a level playing field for all Member States and provide
coverage regardless of when the crisis occurred in each Member State, it is necessary to apply
this Directive immediately,

HAVE ADOPTED THIS DIRECTIVE:

SECTION I
GENERAL PROVISIONS

Article 1
Subject matter and scope

1. This Directive establishes the European Crisis Strategy and Management of Disasters
('ECSMD').
2. It lays down the framework within which part of the strategy may be applied through specific
measures appropriate to the economic situation in the event of an ongoing or potential natural
or man-made disaster. ECSMD can only be provided when the exceptional scale and impact of
the disaster is such that it gives rise to severe wide-ranging humanitarian consequences in one
or more Member States and only in exceptional circumstances where no other instrument
available to Member States and to the Union is sufficient.
3. to that end, this Directive:
a) lays down obligations for all Member States to adopt a national crisis strategy on
the potential disaster threats;
 b) creates a Planned Relocation Stage (‘PRS’), a mechanism of last resort in order to
prevent the spread of any active danger. Planned relocation within the borders of a
State is primarily the concern of individual States. It will largely be governed by
domestic laws, implemented through national structures, and pertain to a range of
national frameworks including disaster risk management, climate change
adaptation, and development;
c) creates a Fast-tracking Stage (‘FTS’), a phase in order to fulfil the need for
workforce in the essential public services;
d) establishes a Control Commission, composed of national delegates from each
Member State, as a special authority in charge of supervising directly regarding the
PRS and the FTS;
e) lays down obligations for Member States to cooperate with other fellow Member
States to ensure close collaboration on neighbourly matters.
3. Without prejudice to Article 346 TFEU, information that is essential pursuant to Union and
national rules, such as the rate of effectiveness of certain measures, shall be exchanged with
the Commission and other relevant authorities only where such exchange is necessary for the
application of this Directive. The information exchanged shall be limited to that which is
relevant and proportionate to the purpose of such exchange.

Article 2
Definitions

For the purposes of this Directive, the following definitions apply:

1) ‘Planned Relocation Stage’ or ‘PRS’ is understood as a step of the ECSMD regarding a
solutions oriented measure, involving the State, in which a community (as distinct from an
individual/household) is physically moved to another location and resettled there;
2) ‘Fast-tracking Stage’ or ‘FTS’ means the step of the ECSMD which refers to a technique
where activities that would have been performed sequentially using the original schedule are
performed in parallel;
3) ‘Control Commission’ means an authority that answers directly to the Commissioner on Crisis
Management in function regarding the emergency situations ECSMD was initiated for;
4) ‘Local Disaster Committee’ means a national body in all Member States that answers directly
to the Control Commission regarding crisis and disaster management;
5) ‘disaster’ means a sudden and calamitous natural or man-made event which causes severe
damage to the functioning of a society or community including, but not limited to, floods,
hurricanes, tornadoes, earthquakes, fires, explosions, volcanoes, windstorms, landslides or
mudslides, an epidemic or pandemic, tidal waves, commercial fishery failures or fishery
resource disasters, ocean conditions resulting in the closure of customary fishing waters, riots,
the destruction of livelihoods, civil disorders, a displacement through conflict or other
catastrophes, and any other calamity that causes human, material, economic and
environmental losses, such losses that usually exceed ability of the community or society to
 cope using its own resources (as defined by the International Federation of Red Cross and Red
Crescent Societies);
6) ‘crisis’ is commonly understood as an urgent threat to core societal values and necessitates
immediate action by political actors (as defined by the Centre for European Security Studies);
7) ‘essential worker’ means a worker who must go into work to provide essential services where
remote working is not practical or possible. For example, essential services in the healthcare
sector include health care providers, hospital and laboratory personnel, workers in medical
facilities, manufacturers, technicians, warehouse operators, distributors of medical equipment
and supplies, public health/community health workers, behavioural health workers, blood and
plasma donors, workers in the cannabis industry, workers that manage health plans who
cannot practically work remotely, workers who provide support to high-risk populations to
make sure their health is taken care of, workers performing cybersecurity functions at
healthcare and public health facilities who cannot work remotely, workers performing disease
research, workers performing emergency operations for healthcare entities who cannot work
practically work remotely, workers who support shelters and social services for the
economically disadvantaged, pharmacy employees, workers providing mortuary services, and
those who provide veterinary services etc.;
8) 'special report' means a specific deliverable of a research action summarising its results,
providing extensive information on the basic principles, the aims, the actual outcomes, the
basic properties, the performed tests, the potential benefits, the potential defence applications
and the expected exploitation path of the research.

Article 3
Eligible actions

1. Crisis strategy under this Directive shall provide a needs-based emergency response,
complementing the response of the affected Member States, aimed at preserving life,
preventing and alleviating human suffering, and maintaining human dignity wherever the need
arises as a result of a disaster referred to in Article 1.
2. Crisis strategy, as referred to in paragraph 1, may include any of the humanitarian aid actions
which would be eligible for Union financing pursuant to Articles 2, 3 and 4 of Regulation
(EC) No 1257/96, and may consequently encompass assistance, relief and, where necessary,
protection operations to save and preserve life in disasters or in their immediate aftermath. It
may also be used to finance any other expenditure directly related to the implementation of
crisis strategy under this Directive.
3. Crisis strategy and management under this Directive shall be granted and implemented in
compliance with the fundamental humanitarian principles of humanity, neutrality, impartiality
and independence.
4. The actions referred to in paragraph 2 shall be carried out by the Commission or by partner
organisations selected by the Commission. The Commission may notably select, as partner
organisations, non-governmental organisations, specialised services of the Member States or
 international agencies and organisations having the requisite expertise. In doing so, the
Commission shall maintain a close cooperation with the affected Member State.

SECTION II
Planned Relocation Stage

Article 4
Activation

1. The decision about the activation of the PRS under this Directive in case of an ongoing or
potential disaster shall be taken by the European Parliament and Council on the basis of a
proposal by the Commission, specifying where appropriate the duration of the activation.
2. The European Parliament and Council shall immediately examine the proposal of the
Commission referred to in paragraph 1 and shall decide, in accordance with the urgency of the
situation, on the activation of the PRS.

Article 5
Early and comprehensive planning

Although the planning process for relocation may differ according to the context, in general, the
planning process should include:
a) devising a legal and scientific basis for determining when relocation is necessary and for
carrying out planned relocation to ensure that the process fully protects, respects, and responds
to the rights and needs of affected populations and is not carried out for overarching political,
economic, or commercial reasons under the pretext of protecting people and limiting their
exposure to disasters and climate-related impacts;
b) laying the groundwork by raising awareness and beginning national conversations on the need
for planned relocation, mobilizing support, and building high-level commitment and
leadership;
c) allocating or mobilizing sufficient funds;
d) conducting risk mapping and settlement planning, consultations, and surveys in order to
identify high-risk areas and communities that may need to be relocated;
e) land mapping to identify potential areas for resettlement and land banking for resettlement;
f) creating the necessary political, legal, and institutional structures to operationalize, monitor,
and evaluate planned relocation (e.g. acquisition of land, transfer of title, zoning, land use,
consultation, participation, compensation, restitution and accountability mechanisms). Since
civil, political, economic, social and cultural rights are all affected by planned relocation,
domestic laws relating to a wide range of subject areas including land, housing, property,
employment, minorities and indigenous peoples, restitution, anti-discrimination, displacement,
etc. may be relevant. These domestic laws should comply with international human rights law
and other applicable international law norms both in substance and in practice;
 g) framing planned relocation as development and, where relevant, using it as an opportunity to
progress development for the relocated and the host communities;
h) building necessary expertise and capacity.

Article 6
Proactive measures

1. Member states should integrate planned relocation into disaster risk management,
development and climate change adaptation plans and strategies as well as internal
displacement-related frameworks. This could be undertaken by, among other things:
a) mapping and identifying areas, regions, and communities vulnerable to disasters and
other impacts of climate change;
b) identifying and implementing measures to reduce environmental and community
vulnerability and promote resilience to enable communities to adapt in situations;
c) contingency planning, including alternatives to planned relocation and identifying and
preparing possible relocation sites;
d) using development planning, including land use planning, as a vehicle for relocation
planning.
2. To this end, the Control Commission shall act in close contact with Local Disaster
Committees and Member States by making studies, delivering opinions and arranging
consultations both on problems arising at national level and on those of concern to
international organisations, in particular initiatives aiming at the establishment of guidelines
and indicators, the organisation of exchange of best practice, and the preparation of the
necessary elements for periodic monitoring and evaluation. The European Parliament and
Council shall be kept fully informed.

Article 7
Legal matters

1. Planned relocation should only occur with the free and informed consent of concerned
communities and the individuals within them. Access to accurate, up-to-date, complete,
relevant and culturally sensitive information is essential.
2. For consent to be valid, it must be voluntary and informed, and the person consenting must
have the capacity to make the decision. For the purpose of this Directive, the consent can be
given only in writing.
3. If consent cannot be obtained, relocation should take place only if:
a) it meets the minimum standards under European law;
b) appropriate procedures are established by national law/regulation, including public
inquiries where appropriate, that provide the opportunity for effective representation of
the communities and individuals within them.
4. People should not be evacuated/relocated against their will unless it is:
a) provided for by law;
 b) absolutely necessary under the circumstances to respond to a serious and imminent
threat to their life or health, and less intrusive measures would be insufficient to avert
that threat;
c) to the extent possible, carried out after the persons concerned have been informed and
consulted.

SECTION III
Fast-tracking Stage

Article 8
Derogation of rules on recognition of essential working qualifications

For the duration of the crisis, by way of derogation to the existing EU legislation, the temporary
exercise of essential working qualifications is allowed to professionals (essential workers) who intend
to exercise on the national territory of a Member State an essential profession achieved abroad
regulated by specific European Union Directives.

Article 9
Eligibility to practice as a medical surgeon and further urgent measures in the health professions

1. The achievement of the single-cycle master’s degree in Medicine and Surgery - entitles the
holder to practice the profession of doctor-surgeon, subject to acquisition of the judgement of
suitability. The Universities shall provide for the adaptation of the teaching regulations of the
Universities governing the regulations of the courses of study of Medicine and Surgery. For
students who, at the date of entry into force of this Directive, are already enrolled in the
aforementioned Master’s Degree Course, the faculty is still entitled to conclude their studies,
according to the previous teaching regulations, with the achievement of the academic title
only. In this case, the possibility of subsequently obtaining the qualification to practise the
profession of doctor-surgeon, according to the procedures set out in paragraph 2, shall also
remain unaffected.
2. Graduates in Medicine and Surgery, whose traineeship has not been carried out within the
course of study, are qualified to practice the profession of doctor-surgeon with the
achievement of the assessment of the traineeship.
3. The final examination of the degree courses related to the degree classes in the health
professions may be carried out remotely and the practical test may take place, subject to
certification of the skills acquired as a result of the practical traineeship carried out during the
respective courses of study.
 Article 10
Temporary enlistment of military doctors and nurses

1. In order to combat and contain the ongoing crisis, exceptional enlistment, on demand, of
military personnel of the Member States’ Armies in temporary service is authorized for the
respective year, with an exceptional one-year-period military service, in the following
measures established for each category of personnel.
2. EU citizens who meet the following requirements may be recruited, subject to the opinion of
the competent committee of advancement:
a) not more than 45 years of age;
b) possession of a master’s degree in medicine and surgery and the relative professional
qualification, for the personnel referred to as medical officers, with the rank of lieutenant
or of the degree in nursing and the relative professional qualification, for the personnel
referred to as NCOs, with the rank of marshal;
c) not having been considered permanently unfit for military service;
d) not having been discharged by authority from previous service in the armed forces;
e) not having been convicted of an unintentional offence, including by a sentence of
application of the penalty on request, with conditional suspension or with criminal
conviction, or not having been indicted in criminal proceedings for unintentional
offences.
3. The personnel referred to in paragraph 1 are not provided with an employment relationship
and provides active service for the duration of the military service itself. It is attributed the
legal and economic treatment equal to permanent service.

Article 11
Other essential fields

In addition to the health professions and military personnel referred to as in Articles 9 and 10, each
Member State should delineate the essential fields in which FTS should be implemented and adapt it
accordingly to the specific needs of the respective population.

SECTION IV
Control Commission and Local Disaster Committee

Article 12
Enforcement and roles

1. When disaster strikes in one of the Member States, the Control Commission should
immediately be informed and the Local Disaster Committee of the Member state should be
activated.
2. Each Local Disaster Committee is assigned specific management duties during and directly
following a disaster according to provisions set by the Control Commission, as set forth in this
Directive and future national laws.
3. Each Local Disaster Committee will consist of the following leadership roles:
○ Incident Commander - responsible for calling together the Local Disaster Committee
when a crisis/disaster event occurs;
○ Section Chiefs - responsible for logistics, planning, finance and operations;
○ Directors - responsible for directing unit leaders in their specific areas - the Director
reports to the designated Section Chief;
○ Unit Leaders - responsible for communications, transportation, materials and supplies,
nutritional needs, situational status, the labour pool, medical staff, nursing staff, medical
needs (including triage) and more - the Unit Leader reports to a designated Director;
○ Area Officers - responsible for specified assignments such as Public Information Officer
(PIO), Safety/Security Officer, Liaison Officer, Patient Tracking and Information
Officer.

Article 13
Provision of information

1. Actions receiving support under this Directive shall be monitored regularly.

2. At the latest 12 months after the activation of the ECSMD for a specific situation in
accordance with Article 4, the Control Commission shall present a special report to the
European Parliament and Council and, where appropriate, proposals to terminate it.
3. The national authorities of Member States and associated countries shall enjoy access rights to
the special report. Such access rights shall be granted on a royalty-free basis and transferred by
the Commission to the Member States and associated countries after ensuring that appropriate
confidentiality obligations are in place.

SECTION V
FINAL PROVISIONS

Article 14
Referrals

1. Any restrictions to the free movement of persons must continue to be applied in compliance
with the general principles of Union law, in particular proportionality and non-discrimination,
including on the basis of nationality. Any measures taken should thus not extend beyond what
is strictly necessary to safeguard public health and safety. Clear, timely and comprehensive
information of the public remains crucial in order to ensure predictability, legal certainty and
compliance by citizens. Restrictions should be adequately enforced and any sanctions laid
down should be effective and proportionate.
2. Restrictions linked to cross-border travel are particularly disruptive for persons who cross
them daily or frequently to go to work or school, visit close relatives, seek medical care, or to
take care of loved ones. Such persons should not be required to undergo quarantine or
isolation from danger when crossing borders for this essential purpose, given the significant
disruption this causes to people’s lives and livelihoods as well as the economy as a whole. As
long as the disaster is comparable on both sides of the border, requiring such persons to
undergo frequent tests or controls merely because they cross a border appears unnecessary.
Close coordination among Member States and cross-border regions will remain particularly
important.
3. In view of the evolving disaster, the Commission, supported by the Control Commission,
should continue to regularly assess the criteria, data needs and thresholds outlined in this
Directive, including whether other criteria should be considered or the thresholds adapted, and
transmit its findings to the European Parliament and Council for their consideration, together
with a proposal to amend the Directive, where necessary.

Article 15
Funding

1. All Member States will contribute to the ECSMD according to 0,15% of the EU 27 gross
national income (GNI) measured for the current year.
2. Financial support from public or private donors is to be encouraged and included in the
Member States’ allocations.
3. European Commission is empowered by the EU Treaty to borrow from the international
capital markets on behalf of the European Union, and if necessary, will exercise this power.

Article 16
Protection of the financial interests of the Union

1. The Commission shall take appropriate measures ensuring that, when actions financed under
this Directive are implemented, the financial interests of the Union are protected by the
application of preventive measures against fraud, corruption and any other illegal activities, by
effective checks and, if irregularities are detected, by the recovery of the amounts wrongly
paid and, where appropriate, by effective, proportionate and dissuasive administrative and
financial penalties.
2. The Commission or its representatives and the Court of Auditors shall have the power of audit,
on the basis of documents and on the spot, over all grant beneficiaries, contractors and
subcontractors, who have received Union funds under this Directive.
3. The European Anti-Fraud Office (OLAF) may carry out investigations, including on-the-spot
checks and inspections, in accordance with the provisions and procedures laid down in
Regulation (EU, Euratom) No 883/2013 (10) of the European Parliament and of the Council
and Council Regulation (Euratom, EC) No 2185/96 (11) with a view to establishing whether
there has been fraud, corruption or any other illegal activity affecting the financial interests of
 the Union in connection with a grant agreement or grant decision or a contract funded under
this Directive.
4. Without prejudice to paragraphs 1, 2 and 3, contracts and grant agreements as well as
agreements with international organisations and Member States' specialised services, resulting
from the implementation of this Directive shall contain provisions expressly empowering the
Commission, the Court of Auditors and OLAF to conduct such audits and investigations,
according to their respective competences.

Article 17
Entry into force

This Directive shall enter into force on the tenth day following that of its publication in the Official
Journal of the European Union, but no later than 1 May 2021.

This Directive shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels,

For the European Parliament For the Council

The President The President