(10)in Article 12, paragraphs 2 and 3 are replaced by the following:‘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 Councilnote (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.