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.
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.
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.
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.
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.
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.
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.
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.
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).
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.
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.
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.
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.
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.
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
