COMMISSION IMPLEMENTING DECISION (EU) 2022/465

of 21 March 2022

amending Implementing Decision (EU) 2019/570 as regards rescEU mobile laboratory capacities and rescEU CBRN detection, sampling, identification and monitoring capacities

(notified under document C(2022) 1831)

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Decision No 1313/2013/EU of the European Parliament and of the Council of 17 December 2013 on a Union Civil Protection Mechanism (1), and in particular Article 32(1), point (g), thereof,

Whereas:

(1) Decision No 1313/2013/EU sets out the legal framework of rescEU, which is a reserve of capacities at Union level aiming to provide assistance in overwhelming situations where overall existing capacities at national level and those committed by Member States to the European Civil Protection Pool are not able to ensure an effective response to natural and man-made disasters.

(2) In accordance with Article 12(2) of Decision No 1313/2013/EU, rescEU’s capacities are to be determined by taking into account identified and emerging risks, overall capacities and gaps at Union level. There are four areas on which rescEU should particularly focus, namely aerial forest firefighting, chemical, biological, radiological and nuclear (‘CBRN’) incidents, emergency medical response, as well as transport and logistics.

(3) Commission Implementing Decision (EU) 2019/570 (2) sets out the initial composition of rescEU in terms of capacities and quality requirements. The rescEU reserve so far consists of aerial forest firefighting capacities, medical aerial evacuation capacities, emergency medical teams, stockpiling of medical equipment or personal protective equipment, or both, CBRN decontamination capacities, CBRN stockpiling capacities, temporary shelter capacities and transport and logistics capacities.

(4) An analysis of identified and emerging risks as well as of capacities and gaps at Union level reveals a need to support civil protection activities by providing in-field CBRN detection, sampling, identification and monitoring capacities for the response to emergencies (i.e. to mitigate adverse consequences for human life or health resulting from CBRN substances), for search activities (i.e. to determine the location of CBRN substances out of regulatory control), for the response to security events (i.e. to respond to potentially criminal or intentional unauthorized acts involving or directed at CBRN substances), and for the surveillance of major events (i.e. to prevent criminal or intentional unauthorized acts involving CBRN substances).

(5) The capacity should include reach back technical assessment support for CBRN detection, sampling, identification and monitoring activities implemented under the Union Mechanism. That reach back component should also be made available to national authorities. The reach back could be provided by a single institution or a pool of specialised institutions.

(6) The capacity is envisaged to be a single package with a high degree of internal scalability and modularity; making it possible, if needed, to separately deploy its individual components tailored to emergency response, search, security response or surveillance activities, as well as tailored to the specific chemical, biological, radiological or nuclear hazard or threat.

(7) The analysis of identified and emerging risks as well as of capacities and gaps at Union level also revealed the need for mobile laboratory capacities. The main goal of the mobile laboratory capacities is to provide flexible and adaptable support where Member States are overwhelmed in their capacity to detect, analyse or verify pathogens or CBRN substances. The mobile laboratory capacities could focus on different specialisations with a high degree of scalability, modularity and interoperability.

(8) In accordance with Article 12(4) of Decision No 1313/2013/EU, quality requirements under rescEU should be based on established international standards, where such standards already exist. The quality requirements for the biological component of the mobile laboratories should therefore be based on the Rapid response mobile laboratories classifications (3)provided by the World Health Organization.

(9) CBRN detection, sampling, identification and monitoring capacities and mobile laboratory capacities should be established to respond to low probability risks with a high impact, in accordance with the categories referred to in Article 3d of Implementing Decision (EU) 2019/570 and after consultation with the Member States.

(10) Implementing Decision (EU) 2019/570 should therefore be amended accordingly.

(11) The measures provided for in this Decision are in accordance with the opinion of the committee referred to in Article 33(1) of Decision No 1313/2013/EU,

HAS ADOPTED THIS DECISION:

Article 1 Implementing Decision (EU) 2019/570 is amended as follows: (1) in Article 1a, the following point 4 is added: ‘(4) “reach back” means the process of obtaining support from entities that are not deployed in the field.’; (2) in Article 2, paragraph 2 is amended as follows: (a) point (j) is replaced by the following: ‘(j) transport and logistics capacities;’; (b) the following points are added: ‘(k) CBRN detection, sampling, identification and monitoring capacities for the response to emergencies, for search activities, for the response to security events, and for the surveillance of major events; (l) mobile laboratory capacities.’; (3) Article 3a is replaced by the following: ‘Article 3a Eligible costs of rescEU medical aerial evacuation, emergency medical team type 2 and type 3, medical stockpiling, CBRN decontamination, CBRN stockpiling, temporary shelter, transport, logistics, CBRN detection, sampling, identification and monitoring, and mobile laboratory capacities All cost categories referred to in Annex Ia to Decision No 1313/2013/EU shall be taken into account when calculating the total eligible cost of rescEU capacities.’; (4) in Article 3e, paragraphs 3 and 4 are replaced by the following: ‘3. rescEU capacities referred to in points (c) to (l) of Article 2(2) shall be established with the objective of managing low probability risks with a high impact. 4. Where rescEU capacities referred to in points (c) to (l) 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.’; (5) the Annex is amended in accordance with the Annex to this Decision.

Article 2 This Decision is addressed to the Member States.

Done at Brussels, 21 March 2022. For the Commission Janez LENARČIČ Member of the Commission

(1) OJ L 347, 20.12.2013, p. 924.

(2) Commission Implementing Decision (EU) 2019/570 of 8 April 2019 laying down rules for the implementation of Decision No 1313/2013/EU of the European Parliament and of the Council as regards rescEU capacities and amending Commission Implementing Decision 2014/762/EU (OJ L 99, 10.4.2019, p. 41).

(3) Guidance for rapid response mobile laboratory (RRML) classification. Copenhagen: WHO Regional Office for Europe; 2021.