Disaster management
"Public authorities shall pursue policies ensuring the environmental security of current and future generations" - Art. 74(1) Polish Constitution
The recent and ongoing tragedy in Myanmar, following on the heels of the tsunami disaster in south Asia two years earlier, has brought attention on the state of emergency preparedness in Poland and the EU. What would happen in the event of a natural disaster in Poland? What if the Vistula River were to overflow its banks and flood Warsaw?
Who, if anyone, would be responsible for providing assistance? And what role, if any, does the EU play in providing help?
Polish regulations
Flooding represents the greatest threat to life and property in Poland, as seen by the repeated flooding of the Oder River during the past several years, most notably in 1997. Responsibility for mitigating and responding to such flooding, or any natural disaster for that matter, rests with the public authorities.
Numerous regulations, both at the local and national levels, govern the manner and degree of responsibility among various public agencies. At the national level, the National Response and Rescue System has been implemented in an effort to improve coordination among different agencies and emergency rescue services in the event of a natural or man-made disaster.
With respect to flood prevention and remediation, three different agencies at the local and regional levels share responsibility: (1) the City (responsible for emergency response in the event of an actual flood); (2) the Regional Water District Board (flood prevention); and (3) the Marshall's Office at the regional level (enforcement of national and regional regulations).
In the event of a flood in Warsaw, therefore, the Mayor of Warsaw would be responsible for organizing the initial emergency response, including the use of local fire, rescue and police resources. In theory, at least, both the management board of the Regional Water District and the marshall of the regional government would be liable for any flood damage if it could be proven that such flooding could have been prevented with adequate planning.
The City, too, could be liable if it fails to provide emergency assistance during or immediately after such flooding. Specifically, Poland's Constitution provides that no law may be adopted that would "bar the recourse by any person to the courts in pursuit of a claim alleging infringement of his or her rights" (Art. 77 (2)).
Bilateral agreements
Poland has signed bilateral agreements regarding post-disaster activities and mutual assistance in the event of natural or man-made disasters with all of its neighboring countries. The terms of agreement vary by country, but for the most part each country has agreed to provide assistance to the other in the case of a disaster upon the request of the other country.
Assistance may include sending search and rescue teams to the affected area, the provision of food and emergency supplies and/or technical and logistical support. In effect, these agreements represent a promise to provide help in the event of a disaster. No penalty is provided for if a country fails to provide assistance.
Poland has also signed an agreement with 10 other countries that border the Baltic Sea to provide mutual assistance to one another.
EU responsibility
At the European Union level, emergency relief operations are managed by ECHO, its humanitarian aid office. ECHO's primary purpose is to provide emergency assistance to the victims of natural disasters or armed conflicts outside the EU.
To date ECHO has provided aid to more than 100 countries since its creation in 1992. During the most recent calendar year, that aid amounted to nearly E700 (zł.2,378) million, of which almost E100 (zł.339) million was spent on Darfur in western Sudan.
Paul Fogo is a senior attorney with Miller, Canfield, W. Babicki, A. Chelchowski & Partners.
