Commission Implementing Decision (EU) 2025/704 of 10 April 2025 laying down rules for the implementation of Decision No 1313/2013/EU of the European Parliament and of the Council on a Union Civil Protection Mechanism and repealing Commission Implementing Decisions 2014/762/EU and (EU) 2019/1310 (notified under document C(2025) 2130)

• CELEX: Implementing Decision (EU) 2025/704
• Articles: 66

Article 1 Subject matter

This Decision lays down detailed rules for the implementation of Decision No 1313/2013/EU, as regards:

(a)

the interaction of the Emergency Response Coordination Centre (‘ERCC’) with Member States’ contact points;

(b)

the components of the Common Emergency Communication and Information System (‘the CECIS’) and the organisation of information-sharing via the CECIS;

(c)

the identification of experts, modules, other response capacities and technical assistance and support teams (‘TAST’) committed to European Civil Protection Pool (‘ECPP’)

(d)

the minimum technical requirements for modules and TAST;

(e)

the certification, re-certification and registration procedures necessary for the functioning of the ECPP and rescEU;

(f)

the identification of response capacity gaps in the ECPP and how those gaps are to be addressed;

(g)

identification of the capacity goals of the ECPP;

(h)

the organisation of the training, exercises and exchange of experts’ programmes;

(i)

the identification and promotion of lessons learnt programme;

(j)

the operational procedures for ECPP and rescEU for responding to disasters inside and outside the Union and the identification of relevant international organisations;

(k)

the procedure for deploying European Union Civil Protection Teams;

(l)

the organisation of Union assistance in response actions.

Article 2 Definitions

For the purposes of this Decision, the following definitions shall apply:

(1)

‘requestor of assistance’ means a Member State or third country affected by a disaster or imminent disaster or expecting to be affected by an imminent disaster, the United Nations and its agencies and other relevant international organisations listed in Annex VI;

(2)

‘civil protection assistance’ means experts, modules, other response capacities or technical assistance and support teams intended for civil protection, together with their equipment and in-kind assistance, including relief materials or supplies needed to mitigate the immediate consequences of a disaster;

(3)

‘technical assistance and support team’ (‘TAST’) means the human and material resources assigned by one or more Member States to fulfil logistical and support tasks;

(4)

‘European Union Civil Protection Team’ (‘EUCP Team’) means a team composed of experts and, when necessary, a TAST, that is selected and deployed by the ERCC under terms of reference related to a request for prevention or preparedness expertise or an emergency response in the context of an ongoing request for assistance;

(5)

‘other response capacity’ means either a self-sufficient, autonomous, deployable and predefined task-driven and needs-driven arrangement of Member States’ capabilities or a mobile operational team of the Member States. It represents a combination of human and material means that can be characterised in terms of its capacity for intervention or of the task(s) it is able to undertake, for which no minimum technical requirements are defined. ‘Other response capacity’ also includes relief items.

(6)

‘operational lifespan’ means the total period of time during which a capacity can technically perform its function in accordance with its quality requirements, taking into consideration its components;

(7)

‘pre-committed response capacity to the ECPP’ means a response capacity offered by a Member State for registration in the ECPP for which the Commission has formally notified the offering Member State that the certification has been completed.

Article 3 Interaction of the ERCC with Member States’ contact points

1.   Each Member State shall designate a national contact point for the ERCC that is available 24 hours a day and 7 days a week. The designation shall be made using the ‘country template’ set out in Annex I.

2.   The ERCC shall maintain close contact with the Member States’ contact points for the purpose of carrying out its regular duties and the response operations provided for in this Decision and in Decision No 1313/2013/EU.

Article 4 CECIS layers

The CECIS shall include the following three components:

(a)

a network layer, connecting the competent authorities and the contact points in Member States and the ERCC;

(b)

an application layer, consisting of the databases and other information systems necessary for the functioning of the Union Civil Protection Mechanism and, in particular, those needed for:

(i)

communicating notifications;

(ii)

ensuring communication and information-sharing between the ERCC and competent authorities and the contact points;

(iii)

communicating lessons identified from interventions as well as operational documentation and procedures;

(c)

a security layer, consisting of the set of systems, rules and procedures necessary for ensuring the authenticity, integrity and confidentiality of the data stored in and exchanged via the CECIS.

Article 5 Information security

1.   The CECIS shall be capable of handling documents, databases, and information systems in a secure way through the Secure Trans European Services for Telematics between Administrations (‘sTESTA’) or a comparable network.

2.   Documents and information classified as ‘EU CONFIDENTIAL’ or higher, shall be transmitted pursuant to the special arrangements between the originator and the recipient(s) set out in Commission Decision (EU, Euratom) 2015/444  ( 6 ) .

Article 6 Information and update

1.   Member States shall submit appropriate information to the Commission using the country template set out in Annex I.

2.   Member States shall provide information on contact points and, where necessary, on other services handling natural, technological, chemical, biological, radiological and nuclear and other man-made disasters or environmental accidents, including marine pollution.

3.   Member States shall immediately notify the Commission of any changes to the information referred to in paragraphs 1 and 2.

4.   The CECIS database shall contain a designated section with information on the registration and availability of response capacities in the ECPP and rescEU. The Commission shall ensure that national civil protection contact points have continuous access.

5.   Member States shall ensure that the designated section in the CECIS database is always up to date as regards availability status and all necessary factual data concerning the relevant characteristics of all registered response capacities in the ECPP.

6.   Where appropriate, Member States may grant access to the CECIS to other relevant national authorities or designated competent authorities.

Article 7 CECIS user group

A user group consisting of representatives nominated by the Member States shall assist the Commission in the validation, testing and further development of the CECIS.

Article 8 Implementation and further development

1.   The Commission shall manage and further develop the CECIS, taking into account the Member States’ needs and requirements.

2.   Member States shall implement the appropriate CECIS information technology environment on their territory in accordance with the commitments made using the ‘country template’ set out in Annex I.

Article 9 Marine pollution CECIS

1.   The Commission may ensure that a specialised CECIS application accessible by Member States and the European Maritime Safety Agency is available for marine pollution in order to reflect the specific requirement for responding to maritime incidents.

2.   That specialised CECIS application may also be open to third countries that share a regional sea basin with the Union. Access may also be given by the Commission on an ad hoc basis to the secretariats of the relevant regional sea conventions.

Article 10 Registration of experts, modules, other response capacities and TAST

1.   Member States shall register information on their experts, modules and other response capacities as referred to in Article 9(6) of Decision No 1313/2013/EU in the CECIS database. They shall also register their TASTs in that database.

2.   The Commission shall monitor the accuracy of the information transmitted for registration.

3.   The experts, modules, other response capacities and TAST pre-committed to the ECPP shall be registered in the CECIS database and identified as such.

4.   Member States shall update the information referred to in paragraphs 1 and 2 as necessary.

Article 11 Composition of EUCP Teams, modules, other response capacities and TAST

1.   EUCP Teams, modules, other response capacities and TAST may be composed of resources provided by one or more Member States.

2.   Where a module, other response capacity or TAST is composed of more than one operational component, its deployment in an intervention may be limited to the components necessary for that intervention.

Article 12 Self-sufficiency of modules and other response capacities

1.   The following elements of self-sufficiency shall be required for each module, unless otherwise specified in the minimum technical requirements set out in Annex II, and for other response capacities, with the exception of relief items:

(a)

shelter appropriate for the prevailing weather;

(b)

fuel, power generation and lighting covering the consumption of the base of operation and of the equipment required to fulfil the mission;

(c)

sanitation and hygiene facilities for the personnel of the module;

(d)

food and water for the personnel of the module;

(e)

medical or paramedical staff, facilities and supplies for the personnel of the module;

(f)

storage and maintenance of the equipment of the module;

(g)

equipment for communication with the relevant partners, notably those in charge of the coordination on site;

(h)

local transportation, when necessary;

(i)

logistical support, equipment and staff to enable the setting-up of a base of operations and the beginning of the mission without delay upon arrival on site.

2.   Compliance with the self-sufficiency requirements shall be guaranteed by the offering Member State in one or more of the following ways:

(a)

by including in the module or other response capacity the necessary staff, equipment and consumables;

(b)

by making the necessary arrangements on the site of operations;

(c)

by making the necessary pre-arrangements to combine a non-self-sufficient response capacity with a TAST in order to comply with the requirements referred to in Article 13 prior to the registration of the module concerned in accordance with Article 10(1).

3.   The period for which self-sufficiency is to be guaranteed at the onset of the mission shall not be shorter than either of the following:

(a)

96 hours;

(b)

the periods laid down in Annex II.

Article 13 Requirements for modules, other response capacities and TAST

1.   Modules and TAST shall comply with the minimum technical requirements set out in Annex II.

2.   Member States shall ensure that:

(a)

modules and other response capacities, except relief items, can operate with other modules and other response capacities, with the exception of relief items;

(b)

TAST can operate with other TAST and with relevant actors on the ground;

(c)

components of a module can operate together as one module;

(d)

components of a TAST can operate together as one TAST;

(e)

modules, other response capacities, with the exception of relief items, and TAST can operate with international disaster response capacities supporting the affected country;

(f)

team leaders and deputy team leaders and liaison officers of modules, other response capacities, except relief items, and TAST participate in appropriate training courses and exercises organised by the Commission, as set out in Chapter 7.

Article 14 Capacity goals of the ECPP

1.   The capacity goals of the ECPP shall be as set out in Annex III.

2.   The Commission shall, in cooperation with Member States, assess the suitability of the capacity goals at least every second year and, if necessary, revise them on the basis of risks identified in national risk assessments or other appropriate national, Union or international sources of information.

3.   Member States shall provide the Commission with relevant information on risks necessary for the assessment of the capacity goals in a timely manner.

Article 15 Certification and registration procedure for ECPP capacities

1.   The certification and registration procedure shall apply to modules, other response capacities and TAST in the ECPP, as set out in Annex V.

2.   Certification of modules and TAST shall be subject to the fulfilment of the minimum technical requirements set out in Annex II.

3.   When receiving an application for certification and registration to the ECPP, the Commission shall assess whether the module, other response capacity or TAST in question can be considered for inclusion in the ECPP, and shall communicate its conclusions to the relevant Member State without delay. In its assessment, the Commission shall consider, where necessary, the fulfilment of the capacity goals, the completeness of the information provided, the geographic proximity and participation of all Member States, and other relevant factors which it shall determine upfront.

4.   After accepting the application for certification and registration to the ECPP, the Commission shall initiate the certification procedure for the module, other response capacity or TAST on the basis of the information provided and of any additional information that the Commission may request and receive from the relevant Member State.

5.   The Commission shall communicate in writing to the relevant Member State the intermediary and final findings of the certification process.

6.   If the Member State re-commits the same response module, other response capacity or TAST to the ECPP, the certification of that response capacity shall be reassessed at the latest after 5 years.

7.   Where the Commission considers, on the basis of available information, that certification requirements have been fulfilled, it shall register the module, other response capacity or TAST in the ECPP.

8.   Member States shall register the ECPP capacity in the CECIS.

Article 16 Certification and registration procedure in the ECPP for experts

1.   Team leaders and deputy team leaders of EUCP Teams shall be considered as certified and shall become eligible for registration in the ECPP once they have completed, where necessary, the relevant courses and exercises of the UCPM Training and Exercises Programme.

2.   Member States shall register certified team leaders and deputy team leaders of EUCP Teams in the ECPP after sending a written commitment to the Commission.

3.   Member States may commit and register a given number of coordination and assessment experts and technical experts under particular profiles, as set out in Annex IV.

4.   The Commission shall verify the compliance of coordination and assessment experts and technical experts with their respective profiles upon their nomination for deployment.

Article 17 Certification and registration procedure for rescEU capacities

1.   The Commission, together with the Member States, shall identify the relevant rescEU capacities to be certified by Member States.

2.   Member States shall certify rescEU capacities in accordance with certification and registration procedure set out in Annex V, as appropriate. The certification process shall take into account, where relevant, the multi-purpose nature of concerned rescEU capacities.

3.   rescEU capacities that are in the process of completing the Union certification process may be deployed in accordance with Article 34.

4.   Member States shall register the rescEU capacities in the CECIS.

Article 18 Long-term commitment of rescEU capacities

1.   rescEU capacities shall be available for deployment under Article 34 for their entire operational lifespan, unless otherwise agreed with the Commission or donated in accordance with Article 36.

2.   Subject to budgetary availability, the Commission and the Member State hosting the capacity shall provide the resources necessary to ensure the availability and deployability of capacities referred to in paragraph 1.

Article 19 Commitment to the ECPP of capacities that receive Union funding for adaptation costs

1.   Member States receiving Union financial support for adaptation costs of capacities in accordance with Article 21(2), point (c), of Decision No 1313/2013/EU shall commit these capacities to the ECPP for the following minimum periods:

(a)

3 years for capacities receiving up to EUR 300 000 of Union financial support;

(b)

5 years for capacities receiving from EUR 300 001 up to EUR 1 000 000 of Union financial support;

(c)

7 years for capacities receiving from EUR 1 000 001 up to EUR 2 000 000 of Union financial support;

(d)

10 years for capacities receiving more than EUR 2 000 000 of Union financial support.

2.   Where the operational lifespan of a capacity is shorter than the minimum period referred to in paragraph 1, the minimum period shall be the length of the operational lifespan.

3.   The Commission may agree, via the ERCC, to waive the minimum period referred to in paragraph 1 in relation to a specific capacity where this is duly justified by a Member State receiving the Union financial support.

Article 20 Monitoring progress towards the capacity goals

1.   The Commission shall, in cooperation with Member States, continuously monitor progress made in achieving the capacity goals, taking into account capacities identified under Article 22.

2.   The Commission shall regularly inform Member States of its assessment of the progress made in achieving the capacity goals.

Article 21 Procedure for identifying response capacity gaps in the ECPP

1.   As part of monitoring the progress made in achieving the capacity goals, the Commission shall, in cooperation with Member States, assess the difference between Member States’ registered capacities in the ECPP and the capacity goals set out in Annex III.

2.   The Commission and Member States shall consider as the capacities pre-committed to the ECPP only those capacities that have a valid commitment and have been certified.

3.   The Commission shall inform Member States about any remaining response capacity gaps.

Article 22 Procedure for identifying response capacities outside the ECPP

1.   Where the Commission has, together with the Member States, identified potentially significant response capacity gaps in accordance with Article 21 of this Decision, it shall, in cooperation with Member States, examine whether the necessary capacities are available outside the ECPP, in accordance with Article 12(2) of Decision No 1313/2013/EU.

2.   The Commission shall only consider the following capacities as available outside the ECPP:

(a)

capacities registered in the CECIS;

(b)

capacities that are not covered by point (a) but that may be made readily available to the Member State or Member States in the required quantities, at the required location, within the required time frame and for the required duration.

3.   For the purpose of ascertaining the capacities referred to in paragraph 2, point (b), the Commission shall address a request to national contact points, setting out the details of the assessment of potentially significant response capacity gaps and inviting Member States to provide information on any capacities available outside the ECPP as referred to in that point.

4.   In its request pursuant to paragraph 3, the Commission shall set a deadline for responding of up to 60 calendar days, depending on the expected complexity for Member States of ascertaining the capacities referred to in paragraph 2.

5.   Member States shall inform the Commission in writing by the deadline of the details of any capacities referred to in paragraph 2.

6.   Where a Member State does not reply in writing before the deadline, the Commission shall assume for the purpose of its assessment that no capacities referred to in paragraph 2 are available in that Member State.

7.   Based on the information received from Member States and taking into account only those capacities referred to in paragraph 2, the Commission shall assess whether those capacities fill the response capacity gaps identified in accordance with Article 21. The Commission shall consider the capacity gaps to be filled only when the combined number of capacities inside the ECPP and capacities referred to in paragraph 2 is equal to or exceeds the capacity goals set out in Annex III.

Article 23 Procedure for addressing response capacity gaps

1.   Where the Commission has, together with Member States, identified, in accordance with Article 21, potentially significant response capacity gaps that cannot be addressed in accordance with Article 22, it shall notify Member States in writing, detailing what it considers to be response capacity gaps and inviting them to address the significant response capacity gaps, in accordance with Article 12(3) of Decision No 1313/2013/EU.

2.   Member States shall inform the Commission whether, when and how they plan to address the significant response capacity gaps, either individually or in cooperation with other Member States.

Article 24 Common provisions on training, exercises and exchange of experts programmes

1.   A training programme, an exercises programme and an exchange of experts programme shall be established to strengthen cooperation and coordination between Member States and with the Commission in the field of civil protection and disaster management in the framework of the Union Civil Protection Knowledge Network set up pursuant to Article 13(1) of Decision No 1313/2013/EU.

2.   The Commission shall be responsible for the coordination and organisation of the programmes referred to in paragraph 1.

3.   For the development, implementation, strategic orientation and priorities of the programmes referred to in paragraph 1, the Commission shall closely collaborate with Member States through the working group set up pursuant to Commission Implementing Decision (EU) 2021/1956  ( 7 ) . The working group may take into account any Commission Recommendation adopted in accordance with Article 6(5) of Decision No 1313/2013/EU and the work undertaken by the Commission and the Member States on scenario-building in accordance with Article 10 of Decision No 1313/2013/EU.

4.   Member States shall nominate national training coordinators with the responsibility of coordinating at national level the identification and management of experts and stakeholders participating in the training, exercises and exchange of experts programmes. The national training coordinators shall act in close consultation with the relevant national and regional authorities and other entities, as appropriate.

5.   The Commission shall monitor the programmes referred to in paragraph 1 and ensure that an appropriate evaluation system is in place.

Article 25 Supplementary character of the training programme

In line with the Member States’ primary responsibility, as set out in Article 1(3) of Decision No 1313/2013/EU, to provide their disaster management systems with sufficient capabilities, the training programme shall supplement the training for civil protection and disaster management personnel that is conducted at the appropriate national level.

Article 26 Participants in the training programme

1.   The target participants of the training programme shall be:

(a)

Member States’ civil protection and disaster management personnel directly involved in operations set out in Chapters II, III, and IV of Decision No 1313/2013/EU and staff of relevant national or regional competent authorities or entities with a function related to the Union Civil Protection Mechanism;

(b)

Commission staff, in particular ERCC liaison officers.

2.   Participation in the training programme shall also be open, as appropriate, to selected experts from:

(a)

Union institutions, bodies and agencies;

(b)

the United Nations and its agencies;

(c)

the international organisations listed in Annex VI;

(d)

third countries;

(e)

other relevant entities.

Article 27 Content, format and curricula of the training courses

The Commission shall, in cooperation with the working group set pursuant to Implementing Decision (EU) 2021/1956, determine the, content, format and curricula of courses, including the selection requirements and allocation of places in the training courses.

Article 28 Exercises programme

1.   The exercises programme shall consist of:

(a)

modules table-top and field exercises;

(b)

full-scale exercises;

(c)

other types of exercises, based on identified needs.

Those exercises may be conducted outside the Union.

2.   The exercise programme shall in particular aim at:

(a)

enhancing the level of preparedness of civil protection and disaster management systems;

(b)

ensuring the effective and rapid response of Member States to disasters, in particular with regard to experts, teams and other assets provided in assistance interventions under the Union Civil Protection Mechanism;

(c)

verifying and improving the quality requirements for deployments under the Union Civil Protection Mechanism, in order to enhance the coordination of civil protection assistance;

(d)

enhancing cooperation between the civil protection and other relevant services of Member States and the Commission including in the conduct of cross-border exercises referred to in Article 20(2) of Directive (EU) 2022/2557 of the European Parliament and of the Council  ( 8 ) ;

(e)

identifying and sharing lessons learnt;

(f)

testing the implementation of lessons learnt.

Article 29 Exchange of experts programme

The exchange of experts programme shall support civil protection and disaster management personnel in:

(a)

gaining and sharing specific experience and direct knowledge;

(b)

becoming acquainted with techniques and operational procedures;

(c)

studying approaches followed by other participating emergency services and institutions;

(d)

attending and drawing lessons as observers in simulation exercises in other Member States;

(e)

attending courses for acquiring specific expert knowledge not available in their home organisation.

Article 30 Participants in the exchange of experts programme

The exchange of experts programme shall be open to Member States’ civil protection and disaster management entities, experts and volunteers, as well as those from EU candidate and potential candidate countries and Eastern and Southern Neighbourhood countries.

Article 31 Monitoring, analysing and evaluating

1.   The Commission and Member States shall share relevant data, information and assessments necessary to evaluate all the civil protection actions within the Union Civil Protection Mechanism in order to identify lessons, including good practices and areas for improvement.

2.   The Commission shall facilitate the identification of lessons with relevant stakeholders, including by organising meetings in the framework of the Union Civil Protection Knowledge Network set up in accordance with Article 13(1) of Decision No 1313/2013/EU.

Article 32 Promoting implementation of lessons

1.   The Commission shall, together with Member States, monitor and promote on the implementation of lessons identified.

2.   Identified lessons shall be taken into account in the decision-making process for further developing the Union Civil Protection Mechanism and the setting of the priorities of:

(a)

the training programme provided for in Article 25, including, where appropriate, the content and curricula of the training courses, and the exercises programme provided for in Article 28;

(b)

the calls for prevention and preparedness projects;

(c)

the planning activities referred to in Article 10 of Decision No 1313/2013/EU.

Article 33 Requests for assistance and response

1.   When a disaster occurs or is imminent within the Union, and upon receiving a request for assistance via the CECIS, the ERCC shall, as appropriate and without delay, carry out the actions provided for in Article 15(3) of Decision No 1313/2013/EU.

2.   When a disaster occurs or is imminent outside the Union, and may require civil protection assistance, the Commission may inform the third country concerned how it can request assistance under the Union Civil Protection Mechanism.

3.   A Member State or a third country affected by a disaster or threatened by an imminent disaster that wishes to request assistance through the Union Civil Protection Mechanism, shall address a written request for civil protection assistance to the ERCC through its national competent authorities. A third country may also request assistance through the Union Civil Protection Mechanism by addressing a written request for civil protection assistance to the ERCC via the United Nations, its agencies, or any of the international organisations specified in Annex VI.

4.   A Member State affected by a disaster or threatened by an imminent disaster may request scientific emergency reports prepared under the Scientific and Technical Advisory Facility (‘STAF’) from the ERCC.

5.   The requestor of assistance shall inform the ERCC about the time frame, the entry point, and the location for the assistance which is being requested, and the on-site operational contact point managing the disaster and the host nation support arrangements.

6.   The Commission may take additional necessary supporting and complementary action in order to ensure consistency and efficiency in the delivery of the assistance and to facilitate the coordination of the response.

7.   The Commission may prepare, to the extent possible, an analytical brief before an imminent disaster or immediately thereafter, thus feeding into a comprehensive situational awareness. That analytical brief shall be based, inter alia, on STAF and existing early warning systems.

8.   The following criteria, the prioritisation of which may depend on the specific nature of the request for assistance, shall be taken into account when selecting from among capacities in the ECPP:

(a)

the operational situation in the Member States and potential disaster risks;

(b)

the appropriateness and adequateness of the capacities to respond to the disaster;

(c)

the geographic location of the capacities, including estimated times and costs of transport to the affected area;

(d)

other relevant criteria, including sustainability, prior experience and use of the capacities.

9.   Unless otherwise agreed with Member States, the ERCC shall not invite Member States to deploy specific capacities from the ECPP to areas of armed conflict or threats thereof, or to other conditions where the safety and security of the capacity in question and its personnel are at risk.

10.   Member States that are invited to deploy capacities from the ECPP shall, in accordance with Article 11(7) of Decision No 1313/2013/EU, communicate their ultimate decision on deployment to the ERCC. The ERCC shall specify a deadline for the Member State to reply to the invitation to deploy.

11.   The requestor of assistance shall inform the ERCC which offers of assistance it has accepted. The ERCC shall inform Member States of the accepted offers.

12.   Member States that provide assistance shall keep the ERCC regularly informed about the dispatch of response capacities, including all capacities that are part of the ECPP.

13.   The Commission may select, appoint and dispatch an EUCP Team for support on site in accordance with Article 17 of Decision No 1313/2013/EU.

Article 34 Criteria for deployment decisions on rescEU capacities

1.   Upon receiving a request for assistance, the ERCC shall assess whether existing capacities offered by Member States through the Union Civil Protection Mechanism and capacities pre-committed to the ECPP are sufficient to ensure an effective response to that request. Where an effective response cannot be ensured, the Commission shall decide, through the ERCC, on the deployment of rescEU capacities in accordance with the procedure laid down in Article 12(6) of Decision No 1313/2013/EU.

2.   The decision to deploy rescEU capacities shall take the following specific criteria into account:

(a)

the operational situation in the Member States and potential disaster risks;

(b)

the appropriateness and adequacy of the rescEU capacities to respond to the disaster;

(c)

the geographic location of the rescEU capacities, including estimated times and costs of transport to the affected area;

(d)

other relevant criteria including sustainability, prior experience and use of the capacities.

3.   In the event of conflicting requests for assistance, the following additional criteria shall be taken into account when deciding where to deploy rescEU capacities:

(a)

the projected risks to human lives;

(b)

the projected risks to critical infrastructure and critical entities as defined in Article 2 of Directive (EU) 2022/2557, irrespective of whether they are located inside or outside the Union;

(c)

the projected impact of the disasters, including the environmental impact;

(d)

needs identified by the ERCC;

(e)

the potential risk of the disasters spreading;

(f)

socioeconomic effects;

(g)

the invocation of the solidarity clause pursuant to Article 222 of the Treaty on the Functioning of the European Union;

(h)

other relevant operational factors.

Article 35 National use of rescEU capacities

1.   Member States using rescEU capacities for national purposes shall ensure:

(a)

their availability and readiness for operations under the Union Civil Protection Mechanism within the time frame provided for in the relevant quality requirements, unless otherwise agreed with the Commission;

(b)

equal treatment of rescEU capacities and other national capacities with regard to adequate maintenance, storage, insurance, staffing, and other relevant management and maintenance activities;

(c)

rapid repair in the event of damage.

2.   Member States shall, through the ERCC, notify the Commission of the national use of rescEU capacities and submit a report to the Commission following their use.

3.   Where national use of rescEU capacities impacts availability as referred to in paragraph 1, point (a), Member States shall obtain the consent of the Commission, through the ERCC, prior to deployment.

4.   Where the rescEU capacities in question are needed for response operations under the Union Civil Protection Mechanism, Member States shall ensure their availability in the shortest time possible.

Article 36 rescEU donations

Member States hosting rescEU capacities of a consumable nature may donate these capacities in agreement with the Commission and after obtaining its consent.

The Commission’s consent to donate rescEU capacities of a consumable nature shall in particular take the following criteria into account:

(a)

the operational needs of the ongoing activations under the Union Civil Protection Mechanism;

(b)

the operational lifespan and expiry date of the capacity;

(c)

the eligibility of the recipient of the donation to receive the donation;

(d)

the needs of the recipient of the donation;

(e)

the capability of the recipient of the donation to receive and handle the concerned capacity.

Article 37 Refusal to deploy personnel outside the Union

1.   Where a decision to deploy rescEU capacities outside the Union has been taken in accordance with Article 12(10) of Decision No 1313/2013/EU, Member States may refuse to deploy their personnel in the following cases:

(a)

where diplomatic relations between the Member State and the requesting third country have been severed;

(b)

where armed conflict, the threat thereof or other equally serious grounds would result in the safety and security of the personnel being put at risk and prevent the relevant Member State from fulfilling its duty of care.

2.   A Member State that refuses to deploy its personnel shall immediately inform the ERCC and provide it with a reasoned justification.

Article 38 Visibility arrangements for the use of ECPP and rescEU capacities

Where ECPP and rescEU capacities are used for response operations under the Union Civil Protection Mechanism, the Member State hosting the ECPP or rescEU capacity and the Member State requesting assistance shall provide appropriate visibility to the Union in accordance with Article 20, point (a), of Decision No 1313/2013/EU.

Article 39 Expert missions

1.   The experts referred to in Article 47 shall make themselves available for missions, prior to their nomination in accordance with Article 51.

2.   The dispatched experts shall carry out the tasks set out in Article 8(1), point (d), of Decision No 1313/2013/EU. They shall report regularly to the requestor of assistance and to the ERCC.

3.   The ERCC shall keep Member States informed about the progress of the expert mission.

4.   The requestor of assistance shall inform the ERCC on a regular basis about the evolution of ongoing activities on site.

5.   The ERCC shall compile all information received and distribute it to the contact points and competent authorities of Member States.

Article 40 Operational disengagement of capacities

1.   The requesting Member State or any of the Member States providing assistance shall inform the ERCC and the dispatched experts and response capacities as soon as possible if they consider that their assistance is no longer required or can no longer be provided. Effective disengagement shall be organised in an appropriate way by the requestor of assistance and the Member States. The ERCC shall be kept informed thereof.

2.   In third countries, the team leader of the EUCP Team shall report to the ERCC as soon as possible if they consider, following appropriate consultations with the requestor of assistance, that the assistance is no longer required or can no longer be provided. The ERCC shall transmit that information to the Union delegation in the third country concerned and to the relevant Commission services, the European External Action Service (EEAS) and the Member States. The ERCC shall, in coordination with the requestor of assistance, ensure the effective disengagement of dispatched experts and response capacities.

Article 41 Criteria for decisions to disengage rescEU capacities

1.   rescEU capacities shall be disengaged in the following cases:

(a)

upon receipt of a pre-closure notification in the CECIS;

(b)

when there is a greater operational need for the capacity elsewhere or the needs on the ground no longer justify its use;

(c)

when one of the situations referred to in points (a) and (b) occurs while an operation is ongoing.

2.   A decision to disengage a rescEU capacity shall be taken by the Commission through the ERCC. The decision shall be taken in close coordination with the Member State hosting the rescEU capacity and the requestor of assistance as well as, where appropriate, with third countries or international organisations.

3.   For the purposes of taking the decision referred to in paragraph 2, the Commission shall, among other things, consider the criteria listed in Article 34(2) and (3).

Article 42 Reporting and identifying lessons

1.   The competent authorities of the requestor of assistance and of the Member States that have provided assistance, as well as the dispatched experts, shall have the opportunity to present their conclusions on all aspects of the intervention to the ERCC. The ERCC shall prepare a summary report on the assistance provided and any relevant lessons identified.

2.   In addition to Articles 31 and 32, the ERCC shall, together with Member States, monitor and promote the implementation of identified lessons in order to improve assistance interventions under the Union Civil Protection Mechanism.

Article 43 Assistance costs

1.   Unless agreed otherwise, the requestor of assistance shall bear the costs of assistance provided by Member States.

2.   Any Member State providing assistance may, taking particular account of the nature of the disaster and the extent of any damage, offer its assistance entirely or partially free of charge. That Member State may also at any time waive all or part of the reimbursement of its costs.

Article 44 Operational costs

1.   The operational costs referred to in Article 23(2), (4b) and (4c) of Decision No 1313/2013/EU shall include all the costs of running a capacity during an operation. Such costs may include costs related to personnel, international and local transport, logistics, consumables and supplies, maintenance, as well as other costs necessary to ensure the effective use of such capacities.

2.   The costs referred to in paragraph 1 shall not be eligible for Union support where they are covered pursuant to Article 45 of this Decision or Article 3(2) of Commission Implementing Decision (EU) 2019/570  ( 9 ) , or where they are financed via other Union financial instruments.

3.   The procedures for requesting Union assistance provided for in Article 54 shall also apply to requests for financial assistance for operational costs.

Article 45 Host nation support

1.   Unless agreed otherwise, the requestor of assistance shall, for the duration of the intervention under the Union Civil Protection Mechanism, facilitate board, accommodation and local transport for the assisting teams and replenish supplies, fuel and provisions free of charge.

2.   Member States shall designate a national liaison contact point tasked with facilitating host nation support and notify the Commission of the designation. If a national liaison contact point is designated for an individual emergency, that information shall be submitted with the request for assistance.

3.   In cases referred to in Article 15(2) of Decision 1313/2013/EU, the Commission may co-finance the costs referred to in paragraph 1.

Article 46 Compensation for damage

1.   Member States requesting assistance or receiving a donation under Article 36 shall refrain from making any request for compensation from other Member States for damage caused as a consequence of assistance intervention provided under the Union Civil Protection Mechanism or as a consequence of a donation under Article 36, unless it is proven to be the result of intent or gross negligence.

2.   Member States shall refrain from bringing any claim against the Commission for damages resulting from assistance interventions provided under the Union Civil Protection Mechanism or for consequences of non-deployment, demobilisation or disengagement or donation under Article 36 of rescEU capacities provided under the Union Civil Protection Mechanism and this Decision, unless they are proven to be the result of intent or gross negligence.

3.   In the event of damage suffered by third parties as the result of assistance interventions, the Member States requesting assistance or receiving a donation under Article 36 and the Member State providing assistance or a donation under Article 36 shall cooperate to facilitate compensation of such damage in accordance with applicable laws and relevant frameworks.

Article 47 Categories of experts

Member States shall classify the experts in the following categories:

(a)

team leaders and deputy team leaders;

(b)

coordination and assessment experts on information management, operations, safety and security, and logistics;

(c)

technical experts.

Article 48 Tasks and functions

1.   The team leader and deputy team leader shall be responsible for leading the EUCP Team during a mission. The team leader shall be responsible for liaison with the authorities of the affected country, with the ERCC, with other international organisations and, in the event of any assistance interventions under the Union Civil Protection Mechanism outside Member States, with the Union delegation in that country.

2.   The technical experts shall be able to provide advice on specific highly technical topics and on risks involved.

3.   The coordination and assessment experts shall be able to provide a needs assessment of the situation and advise on the appropriate action to be taken.

4.   Experts dispatched on preparedness missions may be mandated by the Commission in agreement with their nominating Member State to carry out any of the functions specified in Article 47 and shall be able to provide advice and report on adequate preparedness measures, including administrative capacity, early warning needs, training, exercises and awareness-raising.

5.   Experts dispatched on prevention missions may be mandated by the Commission in agreement with their nominating Member State to carry out any of the functions specified in Article 47 and shall be able to provide advice and report on adequate prevention measures and risk management capability.

6.   The ERCC liaison officers dispatched by the Commission shall be fully integrated into the EUCP Team.

7.   The Commission may decide to integrate other experts sent by relevant international organisations into the EUCP Team.

Article 49 Expert database

1.   Information on the experts shall be compiled by the Commission in an expert database and be made available through the CECIS.

2.   Experts included in the ECPP shall be specifically identified in the database referred to in paragraph 1.

Article 50 Training and exercises requirements

The experts shall, where necessary, follow the training programme and participate in exercises in accordance with Article 24.