
Article 1 
This Decision lays down rules for the implementation of Decision No 1313/2013/EU as regards:

((a)) the commitment to the European Civil Protection Pool of capacities receiving funding for adaptation costs;
((b)) criteria for deployment decisions on rescEU capacities, including in the event of conflicting requests;
((c)) criteria for demobilisation and disengagement decisions;
((d)) national use of rescEU capacities;
((e)) refusal to deploy personnel outside the Union
((f)) the general content of operational contracts;
((g)) visibility requirements for the use of rescEU capacities;
((h)) certification and registration of rescEU capacities;
((i)) total estimated costs of aerial forest firefighting rescEU capacities; and
((j)) arrangements for requesting financial assistance for operational costs.
Article 2 

1. Member States receiving Union financial support for adaptation costs of capacities in accordance with point (c) of Article 21(2) of Decision No 1313/2013/EU shall commit said capacities to the European Civil Protection Pool for different minimum periods based on the total amount of funding received.Minimum periods shall be determined as follows:
(a) a minimum period of 3 years for capacities receiving up to EUR 300 000 of Union financial support;
(b) a minimum period of 5 years for capacities receiving from EUR 300 001 up to EUR 1 000 000 of Union financial support;
(c) a minimum period of 7 years for capacities receiving from EUR 1 000 001 up to EUR 2 000 000 of Union financial support;
(d) a minimum period of 10 years for capacities receiving more than EUR 2 000 000 of Union financial support.
2. Where the economic life span of a capacity is shorter than the minimum period referred to in paragraph 1, the minimum period shall be determined by the length of the economic life span.
3. The Commission through the ERCC may agree to terminate the minimum period referred to in paragraph 1 in relation to a specific capacity where this is duly justified by a Member State.
Article 3 

1. Upon receiving a request for assistance, the ERCC shall assess whether existing capacities offered by Member States through the Union Mechanism and those pre-committed to the European Civil Protection Pool are sufficient to ensure an effective response to that request. Where an effective response cannot be ensured, the Commission through the ERCC shall decide 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 across Member States as well as potential disaster risks;
(b) appropriateness and adequateness of the rescEU capacities to respond to the disaster;
(c) geographic location of the rescEU capacities, including estimated transport times to the affected area;
(d) other relevant criteria, including the terms and conditions of rescEU capacities as stipulated in operational contracts.
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 as referred to in Article 2(a) of Council Directive 2008/114/EC, irrespective of whether it is located inside or outside the Union;
(c) the projected impact of the disasters, including environmental impact;
(d) needs identified by the ERCC as well as any existing deployment plans;
(e) the potential risk of the disasters spreading;
(f) socioeconomic effects;
(g) the triggering of the solidarity clause pursuant to Article 222 of the Treaty on the Functioning of the European Union;
(h) other relevant operational factors.
Article 4 

1. rescEU capacities shall be demobilised in the following cases:
(a) upon receipt of a pre-closure notification in CECIS; or
(b) when a decision to disengage is taken in accordance with paragraph 2.
2. A decision to disengage a rescEU capacity shall be taken by the Commission through the ERCC when there is a greater operational need for the capacity elsewhere or the needs on the ground no longer justify its use. The decision shall be taken in close coordination with the Member State hosting the rescEU capacity and the Member State(s) requesting 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, inter alia, consider the criteria listed in paragraphs 2 and 3 of Article 3.
Article 5 

1. Member States using rescEU capacities for national purposes shall ensure:
(a) availability and readiness for operations under the Union Mechanism within the timeframe 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 case of damage.
2. Member States shall, through the ERCC, notify the Commission of the national use of rescEU capacities and submit a report following their use.
3. Where national use of rescEU capacities impacts availability as provided in subparagraph 1(a) of this Article, Member States shall obtain the consent of the Commission, through the ERCC, prior to deployment.Member States shall ensure availability in the shortest time possible, where the rescEU capacities in question are needed for response operations under the Union Mechanism.
Article 6 

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. The Member State refusing deployment of its personnel shall immediately inform the Commission and provide it with a reasoned justification.
Article 7 
The operational contracts referred to in Article 12(5) of Decision No 1313/2013/EU shall, inter alia:

((a)) specify the nature of the entity hosting the rescEU capacity;
((b)) specify the locations of hosted rescEU capacities;
((c)) provide information on relevant logistics and insurance;
((d)) outline the national decision-making process for ensuring availability and readiness of rescEU capacities for operations under the Union Mechanism within the timeframe provided for in the relevant quality requirements;
((e)) contain up-to-date information on personnel, including the terms and conditions of their employment, insurance contracts, training as well as a description of the measures that have been taken to guarantee their international deployment;
((f)) include a maintenance work plan;
((g)) lay down specific reporting requirements;
((h)) stipulate visibility requirements for the Union as referred to in Article 20a of Decision No 1313/2013/EU.
Article 8 
Where rescEU capacities are used for response operations under the Union Mechanism, appropriate visibility to the Union shall be provided in accordance with Article 20a of Decision No 1313/2013/EU by the Member State hosting the rescEU capacity and the Member State requesting assistance.
Article 9 
Member States shall refrain from bringing any claim against the Commission for damages resulting from assistance interventions provided under the Union Mechanism or for consequences resulting from non-deployment, demobilisation or disengagement of rescEU capacities provided under the Union Mechanism, and this Decision, unless they are proven to be the result of fraud or serious misconduct.
Article 10 

1. Member States shall ensure certification and registration of rescEU capacities in accordance with applicable national and international rules and regulations.
2. Where rescEU capacities are multi-purpose, certification and registration shall be completed accordingly.
3. Member States shall certify rescEU capacities under the Union Mechanism certification process as soon as possible and in accordance with Article 11(4) of Decision No 1313/2013/EU and Chapter 5 of Commission Implementing Decision 2014/762/EU. rescEU capacities that are in the process of completing the Union certification process may be deployed in accordance with Article 3.
Article 11 

1. The cost categories referred to in points 1 to 6 and point 8 of Annex IA of Decision No 1313/2013/EU shall be taken into account when calculating the total estimated cost of rescEU aerial forest firefighting capacities.
2. The costs of the equipment cost category referred to in point 1 of Annex IA of Decision No 1313/2013/EU for aerial forest firefighting capacities using airplanes shall be calculated based on market prices applicable 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 documented evidence of the actual applicable market prices.The costs of the equipment cost category referred to in point 1 of Annex IA of Decision No 1313/2013/EU for aerial forest firefighting capacities using helicopters shall be calculated based on the market prices applicable 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 documented evidence of the actual applicable market prices.
3. The cost of the cost categories referred to in points 2 to 6 and point 8 of Annex IA of Decision No 1313/2013/EU for aerial forest firefighting capacities using airplanes shall be calculated at least once during the period of each multiannual financial framework starting from the period 2014-2020, taking into account information available to the Commission, including inflation and the cost calculations undertaken for the purposes of financing national capacities in accordance with Article 35 of Decision No 1313/2013/EU. This cost shall be used by the Commission for the purpose of providing annual financial assistance.The cost of the cost categories referred to in points 2 to 6 and point 8 of Annex IA of Decision No 1313/2013/EU for aerial forest firefighting capacities using helicopters shall be calculated at least once during the period of each multiannual financial framework starting from the period 2014-2020, taking into account information available to the Commission, including inflation and the cost calculations undertaken for the purposes of financing national capacities in accordance with Article 35 of Decision No 1313/2013/EU. This cost shall be used by the Commission for the purpose of providing annual financial assistance.
Article 12 

1. The operational costs referred to in Article 23(2), 23(4b) and 23(4c) of Decision No 1313/2013/EU shall include all the costs of running a capacity during an operation that are necessary to make it operationally effective. Such costs may encompass, as appropriate, 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 financing where covered by means of Host Nation Support, by virtue of Article 39 of Implementing Decision 2014/762/EU or in accordance with Article 3(2) of Implementing Decision (EU) 2019/570, or where they are financed via other Union financial instruments.
3. The procedures for requesting transport support provided for in Article 48, paragraphs 1 and 3 of Article 49, Article 51, Article 53 and Annex VIII of Implementing Decision 2014/762/EU shall apply mutatis mutandis to requests for financial assistance for operational costs until they are replaced as appropriate.
Article 13 
This Decision is addressed to the Member States.
Done at Brussels, 31 July 2019.
For the Commission
Christos STYLIANIDES
Member of the Commission