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1. rescEU shall be established to provide assistance in overwhelming situations where overall existing capacities at national level and those pre-committed by Member States to the European Civil Protection Pool are not, in the circumstances, able to ensure an effective response to the various kinds of disasters referred to in Article 1(2). In order to guarantee an effective response to disasters, the Commission and the Member States shall, where appropriate, ensure an adequate geographical distribution of rescEU capacities.

2. The Commission shall, by means of implementing acts, define the capacities rescEU shall consist of, based inter alia on any existing scenario-building as referred to in Article 10(1), taking into account identified and emerging risks and overall capacities and gaps at Union level, in particular in the areas of aerial forest-firefighting, chemical, biological, radiological and nuclear incidents, emergency medical response, as well as transport and logistics. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 33(2). The Commission shall regularly update the information on the type and number of rescEU capacities and make that information directly available to the European Parliament and the Council.

3. rescEU capacities shall be acquired, rented, leased or otherwise contracted by Member States.

3a. rescEU capacities, as defined by means of implementing acts adopted in accordance with the examination procedure referred to in Article 33(2), may be rented, leased or otherwise contracted by the Commission to the extent necessary to address the gaps in the area of transport and logistics.

3b. In duly justified cases of urgency, the Commission may acquire, rent, lease or otherwise contract capacities determined by means of implementing acts adopted in accordance with the urgency procedure referred to in Article 33(3). Such implementing acts shall:

(i) determine the necessary type and quantity of material means and any necessary enabling support services, already defined as rescEU capacities; and/or (ii) define additional material means and any necessary enabling support services as rescEU capacities and determine the necessary type and quantity of those capacities.

3c. Union financial rules shall apply where rescEU capacities are acquired, rented, leased or otherwise contracted by the Commission. Where rescEU capacities are acquired, rented, leased or otherwise contracted by Member States, direct grants may be awarded by the Commission to Member States without a call for proposals. The Commission and any Member States which so desire may engage in a joint procurement procedure conducted pursuant to Article 165 of Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council () (the ‘Financial Regulation’) with a view to acquiring rescEU capacities. rescEU capacities shall be hosted by the Member States that acquire, rent, lease or otherwise contract those capacities.

4. The Commission shall define quality requirements for the response capacities forming part of rescEU, in consultation with the Member States. The quality requirements shall be based on established international standards, where such standards already exist.

5. A Member State that owns, rents or leases rescEU capacities shall ensure the registration of those capacities in CECIS, and the availability and deployability of those capacities for Union Mechanism operations. rescEU capacities may only be used for national purposes, as referred to in Article 23(4a), when not being used or needed for response operations under the Union Mechanism. rescEU capacities shall be used in accordance with implementing acts adopted under point (g) of Article 32(1) and with operational contracts between the Commission and the Member State owning, renting or leasing such capacities, which further specify the terms and conditions of deployment of rescEU capacities, including participating personnel.

6. rescEU capacities shall be available for response operations under the Union Mechanism following a request for assistance through the ERCC in accordance with Article 15 or Article 16(1) to (9) and (11), (12) and (13). The decision on their deployment and demobilisation, and any decision in the event of conflicting requests, shall be taken by the Commission in close coordination with the requesting Member State and the Member State owning, renting or leasing the capacity, in accordance with operational contracts as defined in the third subparagraph of paragraph 5 of this Article. The Member State on the territory of which rescEU capacities are deployed shall be responsible for directing response operations. In the event of deployments outside the Union, Member States hosting rescEU capacities shall be responsible for ensuring that rescEU capacities are fully integrated into the overall response.

7. In the event of deployment, the Commission through the ERCC shall agree with the requesting Member State on the operational deployment of rescEU capacities. The requesting Member State shall facilitate operational coordination of its own capacities and rescEU activities during operations.

8. The coordination of the different response capacities shall be facilitated, where appropriate, by the Commission through the ERCC in accordance with Articles 15 and 16.

9. Member States shall be informed of the operational status of rescEU capacities through CECIS.

10. If a disaster outside the Union could significantly affect one or more Member States or their citizens, rescEU capacities may be deployed in accordance with paragraphs 6 to 9 of this Article. When rescEU capacities are deployed in third countries, in specific cases, Member States may refuse to deploy their own personnel, in accordance with the implementing act adopted under point (g) of Article 32(1), and as further defined in the operational contracts referred to in the third subparagraph of paragraph 5 of this Article.