Chapter 6, Article 22 · Commission Implementing Decision (EU) 2025/704

Contents

Article 22Procedure 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.