Commission Implementing Decision (EU) 2021/88 of 26 January 2021 amending Implementing Decision (EU) 2019/570 as regards rescEU capacities in the area of chemical, biological, radiological and nuclear incidents (notified under document C(2021) 313) (Text with EEA relevance)

• CELEX: Implementing Decision (EU) 2021/88
• Articles: 3

Article 1 Total estimated costs of rescEU CBRN decontamination capacities

Implementing Decision (EU) 2019/570 is amended as follows:

(1)

Article 2 is amended as follows:

(a)

paragraph 1 is amended as follows:

(i)

the fourth indent is replaced by the following:

‘— medical stockpiling capacities,’;

(ii)

the following fifth indent is added:

‘— capacities in the area of chemical, biological, radiological and nuclear incidents.’;

(b)

paragraph 2 is amended as follows:

(i)

point (f) is replaced by the following:

‘(f) stockpiling of medical countermeasures or personal protective equipment aimed at combatting serious cross-border threats to health, as referred to in Decision No 1082/2013/EU of the European Parliament and of the Council  ( *1 ) ;

( *1 )   Decision No 1082/2013/EU of the European Parliament and of the Council of 22 October 2013 on serious cross-border threats to health and repealing Decision No 2119/98/EC ( OJ L 293, 5.11.2013, p. 1 ).’;"

(ii)

the following point (g) is added:

‘(g) chemical, biological, radiological, and nuclear (CBRN) decontamination capacities.’;

(2)

in Article 3e, paragraphs 3 and 4 are replaced by the following:

‘3.

rescEU capacities referred to in points (c) to (g) of Article 2(2) shall be established with the objective of managing low probability risks with a high impact. Union financial assistance shall cover all costs necessary to ensure their availability and deployability, in accordance with Article 21(4) of Decision No 1313/2013/EU.

4.

Where rescEU capacities referred to in points (c) to (g) of Article 2(2) are deployed under the Union Mechanism, Union financial assistance shall cover 100 % of the operational costs, pursuant to Article 23(4b) of Decision No 1313/2013/EU.’;

(3)

the following Article 3f is inserted:

‘Article 3f

Total estimated costs of rescEU CBRN decontamination capacities

1.   All cost categories referred to in Annex IA to Decision No 1313/2013/EU shall be taken into account when calculating the total estimated cost of CBRN decontamination capacities.

2.   The category referred to in point 1 of Annex IA to Decision No 1313/2013/EU of the total estimated cost for CBRN decontamination capacities shall be calculated on the basis of market prices at the time when the capacities are acquired, rented or leased in accordance with Article 12(3) of Decision No 1313/2013/EU. Where Member States acquire, rent or lease rescEU capacities, they shall provide the Commission with documentary evidence of the actual market prices or, where there are no market prices for certain components of those capacities, they shall provide equivalent evidence.

3.   The categories referred to in points 2 to 8 of Annex IA to Decision No 1313/2013/EU of the total estimated cost for CBRN decontamination capacities shall be calculated at least once during the period of each multiannual financial framework, taking into account information available to the Commission, including inflation. That cost shall be used by the Commission for the purpose of providing annual financial assistance.

4.   The total estimated cost referred to in paragraph 2 and paragraph 3 shall be calculated where at least one Member State expresses interest to acquire, rent or lease such a rescEU capacity.’;

(4)

the Annex is amended in accordance with the Annex to this Decision.

Article 2

This Decision is addressed to the Member States.

Schedules & Appendices

ANNEX

ANNEX

In the Annex, the following Section 7 is added:

‘7.    Chemical, biological, radiological and nuclear decontamination

Tasks

—

Decontaminate from chemical, biological, radiological and nuclear agents of infrastructure, buildings, vehicles, equipment, critical evidence or affected persons, including fatalities.

Capacities

—

Adequate decontamination capability for infrastructure, buildings, vehicles, equipment and critical evidence;

—

If the capacity covers the decontamination of persons, adequate decontamination capability for at least 200 ambulant persons per hour and 20 non-ambulant persons per hour as well as fatalities;

—

Ability to decontaminate from common toxic industrial chemicals, recognised warfare agents, biological infectious agents (pathogens) and toxins, and radionuclides;

—

Ability to erect temporary decontamination facilities within a safe radius, to monitor the decontamination area in order to keep the work environment safe and to evaluate the decontamination effectiveness.

Main components

—

Appropriate equipment, technology and solutions to decontaminate from common toxic industrial chemicals, recognised warfare agents, biological infectious agents (pathogens) and toxins and, radionuclides;

—

Appropriate equipment to monitor progress of decontamination operations;

—

Appropriate equipment and personnel to perform decontamination of infrastructure, buildings, vehicles, equipment, critical evidence and capabilities;

—

If the capacity covers the decontamination of persons, appropriate equipment and personnel to perform decontamination of ambulant and non-ambulant persons;

—

Appropriate capability and procedures to monitor the decontamination area to keep the work environment safe and to verify the decontamination effectiveness;

—

Appropriate personal protective equipment to operate safely in a contaminated environment for the complete period of deployment;

—

Adequate pumping system and containers to take-up water locally;

—

Secure and safe waste management system and procedures during and after decontamination, including containment solutions to temporarily and safely store contaminated waste, pumps, waste combustion remains, contaminated water and wastewater treatment equipment. The management of hazardous waste, including contaminated water and other by-products, will be carried out in accordance with relevant Union or international regulations, or the legislation of the host nation, whichever is more stringent and with support from the host nation.

Self-sufficiency

—

Article 12(1) and (2) of Implementing Decision 2014/762/EU applies;

—

Ability to decontaminate the capacity’s own personnel.

Deployment

—

Availability for departure maximum 12 hours after the acceptance of the offer;

—

Ability to maintain operations for at least 14 continuous days.’.