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What changed
DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION
ORDINARY LEGISLATIVE procedure
Follow up to the European Parliament legislative resolution on the proposal for a directive of the European Parliament and of the Council amending Directives 2000/14/EC, 2006/42/EC, 2010/35/EU, 2013/29/EU, 2014/28/EU, 2014/29/EU, 2014/30/EU, 2014/31/EU, 2014/32/EU, 2014/33/EU, 2014/34/EU, 2014/35/EU, 2014/53/EU and 2014/68/EU as regard emergency procedures for the conformity assessment, adoption of common specifications and market surveillance due to a Single Market emergency (COM(2022)0462 – C90313/2022 – 2022/0280(COD))
(Ordinary legislative procedure: first reading)
1. Rapporteur: Andreas SCHWAB (EPP / DE)
The European Parliament,
2. Reference numbers: 2022/0280 (COD) / A9-0245/2023 / P9_TA(2024)0322
– having regard to the Commission proposal to Parliament and the Council (COM(2022)0462),
3. Date of adoption of the resolution: 24 April 2024
– having regard to Article4. 294(2)Legal andbasis: Articles 91 and 114 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C90313/2022),Union
– having regard to Article 294(3) of the Treaty on the Functioning of the European Union,
5. Competent Parliamentary Committee: Committee on Internal Market and Consumer Protection (IMCO)
– having regard to the opinion of the European Economic and Social Committee of 14 December 2022,
6. Commission's position: accepts all amendments. The Commission presented the following statement:
– having regard to the opinion of the Committee of the Regions of 8 February 2023,
“The Commission acknowledges the importance of strengthening freedom to provide services and the free movement of workers and eliminating obstacles to them. For that purpose, the Commission is committed to facilitate the freedom to provide services and the free movement of workers, including by strengthening enforcement. In order to respond to an internal market emergency, the Commission is willing to put forward, where appropriate, common templates or forms in relation to justified and proportionate digital declaration, registration or authorisation procedures that have been put in place by Member States and are in line with Union law.”
– having regard to Rule 59 of its Rules of Procedure,
– having regard to the report of the Committee on the Internal Market and Consumer Protection (A9-0245/2023),
1. Adopts its position at first reading hereinafter set out;
2. Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;
3. Instructs its President to forward its position to the Council, the Commission and the national parliaments.
Amendment 1
Proposal for a directive
Title 1
Amendment 2
Proposal for a directive
Recital 1
Amendment 3
Proposal for a directive
Recital 2
Amendment 4
Proposal for a directive
Recital 3
Amendment 5
Proposal for a directive
Recital 4
Amendment 6
Proposal for a directive
Recital 5
Amendment 7
Proposal for a directive
Recital 6
Amendment 8
Proposal for a directive
Recital 7
Amendment 9
Proposal for a directive
Recital 8
Amendment 10
Proposal for a directive
Recital 9
Amendment 11
Proposal for a directive
Recital 10
Amendment 12
Proposal for a directive
Recital 11
Amendment 13
Proposal for a directive
Recital 12
Amendment 14
Proposal for a directive
Recital 13
Amendment 15
Proposal for a directive
Recital 15
Amendment 16
Proposal for a directive
Recital 16
Amendment 17
Proposal for a directive
Recital 17
Amendment 18
Proposal for a directive
Recital 20
Amendment 19
Proposal for a directive
Article 1 – paragraph 1 – point 1
Directive 2000/14/EC
Article 17a – paragraph 1
Amendment 20
Proposal for a directive
Article 1 – paragraph 1 – point 1
Directive 2000/14/EC
Article 17a – paragraph 3 – subparagraph 1
Amendment 21
Proposal for a directive
Article 1 – paragraph 1 – point 1
Directive 2000/14/EC
Article 17a – paragraph 3 – subparagraph 2
Amendment 22
Proposal for a directive
Article 1 – paragraph 1 – point 1
Directive 2000/14/EC
Article 17a – paragraph 4
Amendment 23
Proposal for a directive
Article 1 – paragraph 1 – point 1
Directive 2000/14/EC
Article 17b – paragraph 2
Amendment 24
Proposal for a directive
Article 1 – paragraph 1 – point 1
Directive 2000/14/EC
Article 17b – paragraph 4
Amendment 25
Proposal for a directive
Article 1 – paragraph 1 – point 1
Directive 2000/14/EC
Article 17b – paragraph 5
Amendment 26
Proposal for a directive
Article 1 – paragraph 1 – point 1
Directive 2000/14/EC
Article 17c – paragraph 1
Amendment 27
Proposal for a directive
Article 1 – paragraph 1 – point 1
Directive 2000/14/EC
Article 17c – paragraph 2 – subparagraph 2
Amendment 28
Proposal for a directive
Article 1 – paragraph 1 – point 1
Directive 2000/14/EC
Article 17c – paragraph 3 – introductory part
Amendment 29
Proposal for a directive
Article 1 – paragraph 1 – point 1
Directive 2000/14/EC
Article 17c – paragraph 3 – point c
Amendment 30
Proposal for a directive
Article 1 – paragraph 1 – point 1
Directive 2000/14/EC
Article 17c – paragraph 3 – point e a (new)
Amendment 31
Proposal for a directive
Article 1 – paragraph 1 – point 1
Directive 2000/14/EC
Article 17c – paragraph 4
Amendment 32
Proposal for a directive
Article 1 – paragraph 1 – point 1
Directive 2000/14/EC
Article 17c – paragraph 5
Amendment 33
Proposal for a directive
Article 1 – paragraph 1 – point 1
Directive 2000/14/EC
Article 17c – paragraph 6
Amendment 34
Proposal for a directive
Article 1 – paragraph 1 – point 1
Directive 2000/14/EC
Article 17c – paragraph 8
Amendment 35
Proposal for a directive
Article 1 – paragraph 1 – point 1
Directive 2000/14/EC
Article 17c – paragraph 8 a (new)
Amendment 36
Proposal for a directive
Article 1 – paragraph 1 – point 1
Directive 2000/14/EC
Article 17d – paragraph 2
Amendment 37
Proposal for a directive
Article 2
Amendment 38
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1
Directive 2010/35/EU
Article 33a – paragraph 1
Amendment 39
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1
Directive 2010/35/EU
Article 33a – paragraph 3
Amendment 40
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1
Directive 2010/35/EU
Article 33a – paragraph 4
Amendment 41
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1
Directive 2010/35/EU
Article 33a – paragraph 5
Amendment 42
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1
Directive 2010/35/EU
Article 33b – paragraph 2
Amendment 43
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1
Directive 2010/35/EU
Article 33b – paragraph 4
Amendment 44
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1
Directive 2010/35/EU
Article 33b – paragraph 5
Amendment 45
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1
Directive 2010/35/EU
Article 33c – paragraph 1
Amendment 46
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1
Directive 2010/35/EU
Article 33c – paragraph 2 – subparagraph 1
Amendment 47
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1
Directive 2010/35/EU
Article 33c – paragraph 2 – subparagraph 2
Amendment 48
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1
Directive 2010/35/EU
Article 33c – paragraph 3 – introductory part
Amendment 49
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1
Directive 2010/35/EU
Article 33c – paragraph 3 – point c
Amendment 50
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1
Directive 2010/35/EU
Article 33c – paragraph 3 – point e a (new)
Amendment 51
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1
Directive 2010/35/EU
Article 33c – paragraph 4
Amendment 52
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1
Directive 2010/35/EU
Article 33c – paragraph 5
Amendment 53
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1
Directive 2010/35/EU
Article 33c – paragraph 6
Amendment 54
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1
Directive 2010/35/EU
Article 33c – paragraph 8
Amendment 55
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1
Directive 2010/35/EU
Article 33c – paragraph 8 a (new)
Amendment 56
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1
Directive 2010/35/EU
Article 33d – paragraph 1 – subparagraph 2
Amendment 57
Proposal for a directive
Article 4 – paragraph 1
Directive 2013/29/EU
Article 42a – paragraph 1
Amendment 58
Proposal for a directive
Article 4 – paragraph 1
Directive 2013/29/EU
Article 42a – paragraph 3
Amendment 59
Proposal for a directive
Article 4 – paragraph 1
Directive 2013/29/EU
Article 42a – paragraph 4
Amendment 60
Proposal for a directive
Article 4 – paragraph 1
Directive 2013/29/EU
Article 42b – paragraph 2
Amendment 61
Proposal for a directive
Article 4 – paragraph 1
Directive 2013/29/EU
Article 42b – paragraph 4
Amendment 62
Proposal for a directive
Article 4 – paragraph 1
Directive 2013/29/EU
Article 42b – paragraph 5
Amendment 63
Proposal for a directive
Article 4 – paragraph 1
Directive 2013/29/EU
Article 42c – paragraph 1
Amendment 64
Proposal for a directive
Article 4 – paragraph 1
Directive 2013/29/EU
Article 42c – paragraph 3
Amendment 65
Proposal for a directive
Article 4 – paragraph 1
Directive 2013/29/EU
Article 42c – paragraph 4 – introductory part
Amendment 66
Proposal for a directive
Article 4 – paragraph 1
Directive 2013/29/EU
Article 42c – paragraph 4 – point a
Amendment 67
Proposal for a directive
Article 4 – paragraph 1
Directive 2013/29/EU
Article 42c – paragraph 4 – point c
Amendment 68
Proposal for a directive
Article 4 – paragraph 1
Directive 2013/29/EU
Article 42c – paragraph 4 – point e a (new)
Amendment 69
Proposal for a directive
Article 4 – paragraph 1
Directive 2013/29/EU
Article 42c – paragraph 5
Amendment 70
Proposal for a directive
Article 4 – paragraph 1
Directive 2013/29/EU
Article 42c – paragraph 6
Amendment 71
Proposal for a directive
Article 4 – paragraph 1
Directive 2013/29/EU
Article 42c – paragraph 7
Amendment 72
Proposal for a directive
Article 4 – paragraph 1
Directive 2013/29/EU
Article 42c – paragraph 9
Amendment 73
Proposal for a directive
Article 4 – paragraph 1
Directive 2013/29/EU
Article 42 c – paragraph 9 a (new)
Amendment 74
Proposal for a directive
Article 4 – paragraph 1
Directive 2013/29/EU
Article 42d – paragraph 1 – introductory part – point b
Amendment 75
Proposal for a directive
Article 4 – paragraph 1
Directive 2013/29/EU
Article 42e – paragraph 1 – point -a (new)
Amendment 76
Proposal for a directive
Article 4 – paragraph 1
Directive 2013/29/EU
Article 42e – paragraph 1 – point a
Amendment 77
Proposal for a directive
Article 4 – paragraph 1
Directive 2013/29/EU
Article 42e – paragraph 1 – point b
Amendment 78
Proposal for a directive
Article 4 – paragraph 1
Directive 2013/29/EU
Article 42e – paragraph 2
Amendment 79
Proposal for a directive
Article 4 – paragraph 1
Directive 2013/29/EU
Article 42e – paragraph 4
Amendment 80
Proposal for a directive
Article 4 – paragraph 1
Directive 2013/29/EU
Article 42e – paragraph 5
Amendment 81
Proposal for a directive
Article 4 – paragraph 1
Directive 2013/29/EU
Article 42f
Amendment 82
Proposal for a directive
Article 4 – paragraph 1
Directive 2013/29/EU
Article 42g – paragraph 2
Amendment 83
Proposal for a directive
Article 5 – paragraph 1
Directive 2014/28/EU
Article 45a – paragraph 1
Amendment 84
Proposal for a directive
Article 5 – paragraph 1
Directive 2014/28/EU
Article 45a – paragraph 3 – subparagraph 1
Amendment 85
Proposal for a directive
Article 5 – paragraph 1
Directive 2014/28/EU
Article 45a – paragraph 3 – subparagraph 2
Amendment 86
Proposal for a directive
Article 5 – paragraph 1
Directive 2014/28/EU
Article 45a – paragraph 4
Amendment 87
Proposal for a directive
Article 5 – paragraph 1
Directive 2014/28/EU
Article 45b – paragraph 1
Amendment 88
Proposal for a directive
Article 5 – paragraph 1
Directive 2014/28/EU
Article 45b – paragraph 2
Amendment 89
Proposal for a directive
Article 5 – paragraph 1
Directive 2014/28/EU
Article 45b – paragraph 4
Amendment 90
Proposal for a directive
Article 5 – paragraph 1
Directive 2014/28/EU
Article 45b – paragraph 5
Amendment 91
Proposal for a directive
Article 5 – paragraph 1
Directive 2014/28/EU
Article 45c – paragraph 1
Amendment 92
Proposal for a directive
Article 5 – paragraph 1
Directive 2014/28/EU
Article 45c – paragraph 2 – subparagraph 2
Amendment 93
Proposal for a directive
Article 5 – paragraph 1
Directive 2014/28/EU
Article 45c – paragraph 3 – introductory part
Amendment 94
Proposal for a directive
Article 5 – paragraph 1
Directive 2014/28/EU
Article 45c – paragraph 3 – point c
Amendment 95
Proposal for a directive
Article 5 – paragraph 1
Directive 2014/28/EU
Article 45c – paragraph 3 – point e a (new)
Amendment 96
Proposal for a directive
Article 5 – paragraph 1
Directive 2014/28/EU
Article 45c – paragraph 4
Amendment 97
Proposal for a directive
Article 5 – paragraph 1
Directive 2014/28/EU
Article 45c – paragraph 5
Amendment 98
Proposal for a directive
Article 5 – paragraph 1
Directive 2014/28/EU
Article 45c – paragraph 6
Amendment 99
Proposal for a directive
Article 5 – paragraph 1
Directive 2014/28/EU
Article 45c – paragraph 8
Amendment 100
Proposal for a directive
Article 5 – paragraph 1
Directive 2014/28/EU
Article 45c – paragraph 8 a (new)
Amendment 101
Proposal for a directive
Article 5 – paragraph 1
Directive 2014/28/EU
Article 45d – paragraph 1 – introductory part
Amendment 102
Proposal for a directive
Article 5 – paragraph 1
Directive 2014/28/EU
Article 45d – paragraph 1 – introductory part – point b
Amendment 103
Proposal for a directive
Article 5 – paragraph 1
Directive 2014/28/EU
Article 45e – paragraph 1 – point -a (new)
Amendment 104
Proposal for a directive
Article 5 – paragraph 1
Directive 2014/28/EU
Article 45e – paragraph 1 – point a
Amendment 105
Proposal for a directive
Article 5 – paragraph 1
Directive 2014/28/EU
Article 45e – paragraph 1 – point b
Amendment 106
Proposal for a directive
Article 5 – paragraph 1
Directive 2014/28/EU
Article 45e – paragraph 2
Amendment 107
Proposal for a directive
Article 5 – paragraph 1
Directive 2014/28/EU
Article 45e – paragraph 4
Amendment 108
Proposal for a directive
Article 5 – paragraph 1
Directive 2014/28/EU
Article 45a – paragraph 5
Amendment 109
Proposal for a directive
Article 5 – paragraph 1
Directive 2014/28/EU
Article 45f
Amendment 110
Proposal for a directive
Article 5 – paragraph 1
Directive 2014/28/EU
Article 45g – paragraph 2
Amendment 111
Proposal for a directive
Article 6 – paragraph 1
Directive 2014/29/EU
Article 38a – paragraph 1
Amendment 112
Proposal for a directive
Article 6 – paragraph 1
Directive 2014/29/EU
Article 38a – paragraph 3 – subparagraph 1
Amendment 113
Proposal for a directive
Article 6 – paragraph 1
Directive 2014/29/EU
Article 38a – paragraph 2 – subparagraph 2
Amendment 114
Proposal for a directive
Article 6 – paragraph 1
Directive 2014/29/EU
Article 38a – paragraph 4
Amendment 115
Proposal for a directive
Article 6 – paragraph 1
Directive 2014/29/EU
Article 38 b – paragraph 2
Amendment 116
Proposal for a directive
Article 6 – paragraph 1
Directive 2014/29/EU
Article 38b – paragraph 4
Amendment 117
Proposal for a directive
Article 6 – paragraph 1
Directive 2014/29/EU
Article 38b – paragraph 5
Amendment 118
Proposal for a directive
Article 6 – paragraph 1
Directive 2014/29/EU
Article 38c – paragraph 1
Amendment 119
Proposal for a directive
Article 6 – paragraph 1
Directive 2014/29/EU
Article 38c – paragraph 1 – subparagraph 2
Amendment 120
Proposal for a directive
Article 6 – paragraph 1
Directive 2014/29/EU
Article 38c – paragraph 3 – introductory part
Amendment 121
Proposal for a directive
Article 6 – paragraph 1
Directive 2014/29/EU
Article 38c – paragraph 2 – point c
Amendment 122
Proposal for a directive
Article 6 – paragraph 1
Directive 2014/29/EU
Article 38c – paragraph 2 –point e a (new)
Amendment 123
Proposal for a directive
Article 6 – paragraph 1
Directive 2014/29/EU
Article 38 c – paragraph 4
Amendment 124
Proposal for a directive
Article 6 – paragraph 1
Directive 2014/29/EU
Article 38c – paragraph 5
Amendment 125
Proposal for a directive
Article 6 – paragraph 1
Directive 2014/29/EU
Article 38c – paragraph 6
Amendment 126
Proposal for a directive
Article 6 – paragraph 1
Directive 2014/29/EU
Article 38c – paragraph 8
Amendment 127
Proposal for a directive
Article 6 – paragraph 1
Directive 2014/29/EU
Article 38c – paragraph 8 a (new)
Amendment 128
Proposal for a directive
Article 6 – paragraph 1
Directive 2014/29/EU
Article 38d – paragraph 1 – introductory part – point b
Amendment 129
Proposal for a directive
Article 6 – paragraph 1
Directive 2014/29/EU
Article 38e – paragraph 1 – point -a (new)
Amendment 130
Proposal for a directive
Article 6 – paragraph 1
Directive 2014/29/EU
Article 38e – paragraph 1 – point a
Amendment 131
Proposal for a directive
Article 6 – paragraph 1
Directive 2014/29/EU
Article 38e – paragraph 1 – point b
Amendment 132
Proposal for a directive
Article 6 – paragraph 1
Directive 2014/29/EU
Article 38e – paragraph 2
Amendment 133
Proposal for a directive
Article 6 – paragraph 1
Directive 2014/29/EU
Article 38e – paragraph 4
Amendment 134
Proposal for a directive
Article 6 – paragraph 1
Directive 2014/29/EU
Article 38e – paragraph 2
Amendment 135
Proposal for a directive
Article 6 – paragraph 1
Directive 2014/29/EU
Article 38f
Amendment 136
Proposal for a directive
Article 6 – paragraph 1
Directive 2014/29/EU
Article 38g – paragraph 2
Amendment 137
Proposal for a directive
Article 7 – paragraph 1 – subparagraph 1
Directive 2014/30/EU
Article 40a – paragraph 1
Amendment 138
Proposal for a directive
Article 7 – paragraph 1 – subparagraph 1
Directive 2014/30/EU
Article 40a – paragraph 3
Amendment 139
Proposal for a directive
Article 7 – paragraph 1 – subparagraph 1
Directive 2014/30/EU
Article 40a – paragraph 4
Amendment 140
Proposal for a directive
Article 7 – paragraph 1 – subparagraph 1
Directive 2014/30/EU
Article 40b – paragraph 2
Amendment 141
Proposal for a directive
Article 7 – paragraph 1 – subparagraph 1
Directive 2014/30/EU
Article 40b – paragraph 4
Amendment 142
Proposal for a directive
Article 7 – paragraph 1 – subparagraph 1
Directive 2014/30/EU
Article 40b – paragraph 5
Amendment 143
Proposal for a directive
Article 7 – paragraph 1 – subparagraph 1
Directive 2014/30/EU
Article 40c – paragraph 1
Amendment 144
Proposal for a directive
Article 7 – paragraph 1 – subparagraph 1
Directive 2014/30/EU
Article 40c – paragraph 2 – subparagraph 2
Amendment 145
Proposal for a directive
Article 7 – paragraph 1 – subparagraph 1
Directive 2014/30/EU
Article 40c – paragraph 3 – introductory part
Amendment 146
Proposal for a directive
Article 7 – paragraph 1 – subparagraph 1
Directive 2014/30/EU
Article 40c – paragraph 3 – point c
Amendment 147
Proposal for a directive
Article 7 – paragraph 1 – subparagraph 1
Directive 2014/30/EU
Article 40c – paragraph 3 – point ea
Amendment 148
Proposal for a directive
Article 7 – paragraph 1 – subparagraph 1
Directive 2014/30/EU
Article 40c – paragraph 4
Amendment 149
Proposal for a directive
Article 7 – paragraph 1 – subparagraph 1
Directive 2014/30/EU
Article 40c – paragraph 5
Amendment 150
Proposal for a directive
Article 7 – paragraph 1 – subparagraph 1
Directive 2014/30/EU
Article 40c – paragraph 6
Amendment 151
Proposal for a directive
Article 7 – paragraph 1 – subparagraph 1
Directive 2014/30/EU
Article 40c – paragraph 8
Amendment 152
Proposal for a directive
Article 7 – paragraph 1 – subparagraph 1
Directive 2014/30/EU
Article 40c – paragraph 8 a (new)
Amendment 153
Proposal for a directive
Article 7 – paragraph 1 – subparagraph 1
Directive 2014/30/EU
Article 40d – paragraph 1 – introductory part – point b
Amendment 154
Proposal for a directive
Article 7 – paragraph 1 – subparagraph 1
Directive 2014/30/EU
Article 40e – paragraph 1 – point –a (new)
Amendment 155
Proposal for a directive
Article 7 – paragraph 1 – subparagraph 1
Directive 2014/30/EU
Article 40e – paragraph 2 – point a
Amendment 156
Proposal for a directive
Article 7 – paragraph 1 – subparagraph 1
Directive 2014/30/EU
Article 40e – paragraph 1 – point b
Amendment 157
Proposal for a directive
Article 7 – paragraph 1 – subparagraph 1
Directive 2014/30/EU
Article 40e – paragraph 2
Amendment 158
Proposal for a directive
Article 7 – paragraph 1 – subparagraph 1
Directive 2014/30/EU
Article 40e – paragraph 4
Amendment 159
Proposal for a directive
Article 7 – paragraph 1 – subparagraph 1
Directive 2014/30/EU
Article 40e – paragraph 5
Amendment 160
Proposal for a directive
Article 7 – paragraph 1 – subparagraph 1
Directive 2014/30/EU
Article 40f
Amendment 161
Proposal for a directive
Article 7 – paragraph 1 – subparagraph 1
Directive 2014/30/EU
Article 40g – paragraph 2
Amendment 162
Proposal for a directive
Article 8 – paragraph 1
Directive 2014/31/EU
Article 40a – paragraph 1
Amendment 163
Proposal for a directive
Article 8 – paragraph 1
Directive 2014/31/EU
Article 40a – paragraph 3 – subparagraph 1
Amendment 164
Proposal for a directive
Article 8 – paragraph 1
Directive 2014/31/EU
Article 40a – paragraph 3 – subparagraph 2
Amendment 165
Proposal for a directive
Article 8 – paragraph 1
Directive 2014/31/EU
Article 40a – paragraph 4
Amendment 166
Proposal for a directive
Article 8 – paragraph 1
Directive 2014/31/EU
Article 40b – paragraph 2
Amendment 167
Proposal for a directive
Article 8 – paragraph 1
Directive 2014/31/EU
Article 40b – paragraph 4
Amendment 168
Proposal for a directive
Article 8 – paragraph 1
Directive 2014/31/EU
Article 40b – paragraph 5
Amendment 169
Proposal for a directive
Article 8 – paragraph 1
Directive 2014/31/EU
Article 40c – paragraph 1
Amendment 170
Proposal for a directive
Article 8 – paragraph 1
Directive 2014/31/EU
Article 40c – paragraph 2 – subparagraph 2
Amendment 171
Proposal for a directive
Article 8 – paragraph 1
Directive 2014/31/EU
Article 40c – paragraph 3 – introductory part
Amendment 172
Proposal for a directive
Article 8 – paragraph 1
Directive 2014/31/EU
Article 40c – paragraph 3 – point c
Amendment 173
Proposal for a directive
Article 8 – paragraph 1
Directive 2014/31/EU
Article 40c – paragraph 3 – point e a
Amendment 174
Proposal for a directive
Article 8 – paragraph 1
Directive 2014/31/EU
Article 40c – paragraph 4
Amendment 175
Proposal for a directive
Article 8 – paragraph 1
Directive 2014/31/EU
Article 40c – paragraph 5
Amendment 176
Proposal for a directive
Article 8 – paragraph 1
Directive 2014/31/EU
Article 40c – paragraph 6
Amendment 177
Proposal for a directive
Article 8 – paragraph 1
Directive 2014/31/EU
Article 40c – paragraph 8
Amendment 178
Proposal for a directive
Article 8 – paragraph 1
Directive 2014/31/EU
Article 40c – paragraph 8 a (new)
Amendment 179
Proposal for a directive
Article 8 – paragraph 1
Directive 2014/31/EU
Article 40d – paragraph 1 – point b
Amendment 180
Proposal for a directive
Article 8 – paragraph 1
Directive 2014/31/EU
Article 40e – paragraph 1 – point -a
Amendment 181
Proposal for a directive
Article 8 – paragraph 1
Directive 2014/31/EU
Article 40e – paragraph 1 – point a
Amendment 182
Proposal for a directive
Article 8 – paragraph 1
Directive 2014/31/EU
Article 40e – paragraph 1 – point b
Amendment 183
Proposal for a directive
Article 8 – paragraph 1
Directive 2014/31/EU
Article 40e – paragraph 2
Amendment 184
Proposal for a directive
Article 8 – paragraph 1
Directive 2014/31/EU
Article 40e – paragraph 4
Amendment 185
Proposal for a directive
Article 8 – paragraph 1
Directive 2014/31/EU
Article 40e – paragraph 5
Amendment 186
Proposal for a directive
Article 8 – paragraph 1
Directive 2014/31/EU
Article 40f
Amendment 187
Proposal for a directive
Article 8 – paragraph 1
Directive 2014/31/EU
Article 40g – paragraph 2
Amendment 188
Proposal for a directive
Article 9 – paragraph 1
Directive 2014/32/EU
Article 45a – paragraph 1
Amendment 189
Proposal for a directive
Article 9 – paragraph 1
Directive 2014/32/EU
Article 45a – paragraph 3 – subparagraph 1
Amendment 190
Proposal for a directive
Article 9 – paragraph 1
Directive 2014/32/EU
Article 45a – paragraph 3 – subparagraph 2
Amendment 191
Proposal for a directive
Article 9 – paragraph 1
Directive 2014/32/EU
Article 45a – paragraph 4
Amendment 192
Proposal for a directive
Article 9 – paragraph 1
Directive 2014/32/EU
Article 45b – paragraph 2
Amendment 193
Proposal for a directive
Article 9 – paragraph 1
Directive 2014/32/EU
Article 45b – paragraph 4
Amendment 194
Proposal for a directive
Article 9 – paragraph 1
Directive 2014/32/EU
Article 45b – paragraph 5
Amendment 195
Proposal for a directive
Article 9 – paragraph 1
Directive 2014/32/EU
Article 45c – paragraph 1
Amendment 196
Proposal for a directive
Article 9 – paragraph 1
Directive 2014/32/EU
Article 45c – paragraph 2 – subparagraph 2
Amendment 197
Proposal for a directive
Article 9 – paragraph 1
Directive 2014/32/EU
Article 45c – paragraph 3 – introductory part
Amendment 198
Proposal for a directive
Article 9 – paragraph 1
Directive 2014/32/EU
Article 45c – paragraph 3 – point c
Amendment 199
Proposal for a directive
Article 9 – paragraph 1
Directive 2014/32/EU
Article 45c – paragraph 3 – point e a
Amendment 200
Proposal for a directive
Article 9 – paragraph 1
Directive 2014/32/EU
Article 45c – paragraph 4
Amendment 201
Proposal for a directive
Article 9 – paragraph 1
Directive 2014/32/EU
Article 45c – paragraph 5
Amendment 202
Proposal for a directive
Article 9 – paragraph 1
Directive 2014/32/EU
Article 45c – paragraph 7
Amendment 203
Proposal for a directive
Article 9 – paragraph 1
Directive 2014/32/EU
Article 45c – paragraph 7 a (new)
Amendment 204
Proposal for a directive
Article 9 – paragraph 1
Directive 2014/32/EU
Article 45d – introductory part
Amendment 205
Proposal for a directive
Article 9 – paragraph 1
Directive 2014/32/EU
Article 45d – paragraph 1 – introductory part – point b
Amendment 206
Proposal for a directive
Article 9 – paragraph 1
Directive 2014/32/EU
Article 45e – paragraph 1 – point -a (new)
Amendment 207
Proposal for a directive
Article 9 – paragraph 1
Directive 2014/32/EU
Article 45e – paragraph 1 – point a
Amendment 208
Proposal for a directive
Article 9 – paragraph 1
Directive 2014/32/EU
Article 45e – paragraph 1 – point b
Amendment 209
Proposal for a directive
Article 9 – paragraph 1
Directive 2014/32/EU
Article 45e – paragraph 2
Amendment 210
Proposal for a directive
Article 9 – paragraph 1
Directive 2014/32/EU
Article 45e – paragraph 4
Amendment 211
Proposal for a directive
Article 9 – paragraph 1
Directive 2014/32/EU
Article 45e – paragraph 5
Amendment 212
Proposal for a directive
Article 9 – paragraph 1
Directive 2014/32/EU
Article 45f
Amendment 213
Proposal for a directive
Article 9 – paragraph 1
Directive 2014/32/EU
Article 45g – paragraph 2
Amendment 214
Proposal for a directive
Article 10 – paragraph 1
Directive 2014/33/EU
Article 41a – paragraph 1
Amendment 215
Proposal for a directive
Article 10 – paragraph 1
Directive 2014/33/EU
Article 41a – paragraph 3 – subparagraph 1
Amendment 216
Proposal for a directive
Article 10 – paragraph 1
Directive 2014/33/EU
Article 41a – paragraph 3 – subparagraph 2
Amendment 217
Proposal for a directive
Article 10 – paragraph 1
Directive 2014/33/EU
Article 41a – paragraph 4
Amendment 218
Proposal for a directive
Article 10 – paragraph 1
Directive 2014/33/EU
Article 41b – paragraph 2
Amendment 219
Proposal for a directive
Article 10 – paragraph 1
Directive 2014/33/EU
Article 41b – paragraph 4
Amendment 220
Proposal for a directive
Article 10 – paragraph 1
Directive 2014/33/EU
Article 41b – paragraph 5
Amendment 221
Proposal for a directive
Article 10 – paragraph 1
Directive 2014/33/EU
Article 41c – paragraph 1
Amendment 222
Proposal for a directive
Article 10 – paragraph 1
Directive 2014/33/EU
Article 41c – paragraph 3 – subparagraph 2
Amendment 223
Proposal for a directive
Article 10 – paragraph 1
Directive 2014/33/EU
Article 41c – paragraph 4 – introductory part
Amendment 224
Proposal for a directive
Article 10 – paragraph 1
Directive 2014/33/EU
Article 41c – paragraph 4 – point c
Amendment 225
Proposal for a directive
Article 10 – paragraph 1
Directive 2014/33/EU
Article 41c – paragraph 4 – point e a
Amendment 226
Proposal for a directive
Article 10 – paragraph 1
Directive 2014/33/EU
Article 41c – paragraph 5
Amendment 227
Proposal for a directive
Article 10 – paragraph 1
Directive 2014/33/EU
Article 41c – paragraph 6
Amendment 228
Proposal for a directive
Article 10 – paragraph 1
Directive 2014/33/EU
Article 41c – paragraph 7
Amendment 229
Proposal for a directive
Article 10 – paragraph 1
Directive 2014/33/EU
Article 41c – paragraph 9
Amendment 230
Proposal for a directive
Article 10 – paragraph 1
Directive 2014/33/EU
Article 41c – paragraph 9 a (new)
Amendment 231
Proposal for a directive
Article 10 – paragraph 1
Directive 2014/33/EU
Article 41d – paragraph 1 – introductory part – point b
Amendment 232
Proposal for a directive
Article 10 – paragraph 1
Directive 2014/33/EU
Article 41e – paragraph 1 – point -a (new)
Amendment 233
Proposal for a directive
Article 10 – paragraph 1
Directive 2014/33/EU
Article 41e – paragraph 1 – point a
Amendment 234
Proposal for a directive
Article 10 – paragraph 1
Directive 2014/33/EU
Article 41e – paragraph 1 – point b
Amendment 235
Proposal for a directive
Article 10 – paragraph 1
Directive 2014/33/EU
Article 41e – paragraph 2
Amendment 236
Proposal for a directive
Article 10 – paragraph 1
Directive 2014/33/EU
Article 41e – paragraph 4
Amendment 237
Proposal for a directive
Article 10 – paragraph 1
Directive 2014/33/EU
Article 41e – paragraph 5
Amendment 238
Proposal for a directive
Article 10 – paragraph 1
Directive 2014/33/EU
Article 41f
Amendment 239
Proposal for a directive
Article 10 – paragraph 1
Directive 2014/33/EU
Article 41g – paragraph 2
Amendment 240
Proposal for a directive
Article 11 – paragraph 1
Directive 2014/34/EU
Article 38a – paragraph 1
Amendment 241
Proposal for a directive
Article 11 – paragraph 1
Directive 2014/34/EU
Article 38a – paragraph 3 – subparagraph 1
Amendment 242
Proposal for a directive
Article 11 – paragraph 1
Directive 2014/34/EU
Article 38a – paragraph 1 – subparagraph 2
Amendment 243
Proposal for a directive
Article 11 – paragraph 1
Directive 2014/34/EU
Article 38a – paragraph 4
Amendment 244
Proposal for a directive
Article 11 – paragraph 1
Directive 2014/34/EU
Article 38b – paragraph 2
Amendment 245
Proposal for a directive
Article 11 – paragraph 1
Directive 2014/34/EU
Article 38b – paragraph 4
Amendment 246
Proposal for a directive
Article 11 – paragraph 1
Directive 2014/34/EU
Article 38b – paragraph 5
Amendment 247
Proposal for a directive
Article 11 – paragraph 1
Directive 2014/34/EU
Article 38c – paragraph 1
Amendment 248
Proposal for a directive
Article 11 – paragraph 1
Directive 2014/34/EU
Article 38c – paragraph 2 – subparagraph 2
Amendment 249
Proposal for a directive
Article 11 – paragraph 1
Directive 2014/34/EU
Article 38c – paragraph 3 – introductory part
Amendment 250
Proposal for a directive
Article 11 – paragraph 1
Directive 2014/34/EU
Article 38c – paragraph 1 – point c
Amendment 251
Proposal for a directive
Article 11 – paragraph 1
Directive 2014/34/EU
Article 38c – paragraph 3 – point e a
Amendment 252
Proposal for a directive
Article 11 – paragraph 1
Directive 2014/34/EU
Article 38c – paragraph 4
Amendment 253
Proposal for a directive
Article 11 – paragraph 1
Directive 2014/34/EU
Article 38c – paragraph 5
Amendment 254
Proposal for a directive
Article 11 – paragraph 1
Directive 2014/34/EU
Article 38c – paragraph 6
Amendment 255
Proposal for a directive
Article 11 – paragraph 1
Directive 2014/34/EU
Article 38c – paragraph 8
Amendment 256
Proposal for a directive
Article 11 – paragraph 1
Directive 2014/34/EU
Article 38c – paragraph 8 a (new)
Amendment 257
Proposal for a directive
Article 11 – paragraph 1
Directive 2014/34/EU
Article 38d – paragraph 1 – introductory part – point b
Amendment 258
Proposal for a directive
Article 11 – paragraph 1
Directive 2014/34/EU
Article 38e – paragraph 1 – point -a
Amendment 259
Proposal for a directive
Article 11 – paragraph 1
Directive 2014/34/EU
Article 38e – paragraph 1 – point a
Amendment 260
Proposal for a directive
Article 11 – paragraph 1
Directive 2014/34/EU
Article 38e – paragraph 1 – point b
Amendment 261
Proposal for a directive
Article 11 – paragraph 1
Directive 2014/34/EU
Article 38e – paragraph 2
Amendment 262
Proposal for a directive
Article 11 – paragraph 1
Directive 2014/34/EU
Article 38e – paragraph 4
Amendment 263
Proposal for a directive
Article 11 – paragraph 1
Directive 2014/34/EU
Article 38e – paragraph 5
Amendment 264
Proposal for a directive
Article 11 – paragraph 1
Directive 2014/34/EU
Article 38f
Amendment 265
Proposal for a directive
Article 11 – paragraph 1
Directive 2014/34/EU
Article 38g – paragraph 1
Amendment 266
Proposal for a directive
Article 12 – paragraph 1
Directive 2014/35/EU
Article 22a – paragraph 1
Amendment 267
Proposal for a directive
Article 12 – paragraph 1
Directive 2014/35/EU
Article 22a – paragraph 2 – subparagraph 1
Amendment 268
Proposal for a directive
Article 12 – paragraph 1
Directive 2014/35/EU
Article 22a – paragraph 3
Amendment 269
Proposal for a directive
Article 12 – paragraph 1
Directive 2014/35/EU
Article 22a – paragraph 4
Amendment 270
Proposal for a directive
Article 12 – paragraph 1
Directive 2014/35/EU
Article 22b – paragraph 1 – point -a
Amendment 271
Proposal for a directive
Article 12 – paragraph 1
Directive 2014/35/EU
Article 22b – paragraph 1 – point a
Amendment 272
Proposal for a directive
Article 12 – paragraph 1
Directive 2014/35/EU
Article 22b – paragraph 1 – point b
Amendment 273
Proposal for a directive
Article 12 – paragraph 1
Directive 2014/35/EU
Article 22b – paragraph 2
Amendment 274
Proposal for a directive
Article 12 – paragraph 1
Directive 2014/35/EU
Article 22b – paragraph 4
Amendment 275
Proposal for a directive
Article 12 – paragraph 1
Directive 2014/35/EU
Article 22b – paragraph 5
Amendment 276
Proposal for a directive
Article 12 – paragraph 1
Directive 2014/35/EU
Article 22c
Amendment 277
Proposal for a directive
Article 12 – paragraph 1
Directive 2014/35/EU
Article 22d – paragraph 2
Amendment 278
Proposal for a directive
Article 13 – paragraph 1
Directive 2014/53/EU
Article 43a – paragraph 1
Amendment 279
Proposal for a directive
Article 13 – paragraph 1
Directive 2014/53/EU
Article 43a – paragraph 3 – subparagraph 1
Amendment 280
Proposal for a directive
Article 13 – paragraph 1
Directive 2014/53/EU
Article 43a – paragraph 3 – subparagraph 2
Amendment 281
Proposal for a directive
Article 13 – paragraph 1
Directive 2014/53/EU
Article 43a – paragraph 4
Amendment 282
Proposal for a directive
Article 13 – paragraph 1
Directive 2014/53/EU
Article 43b – paragraph 2
Amendment 283
Proposal for a directive
Article 13 – paragraph 1
Directive 2014/53/EU
Article 43b – paragraph 4
Amendment 284
Proposal for a directive
Article 13 – paragraph 1
Directive 2014/53/EU
Article 43b – paragraph 5
Amendment 285
Proposal for a directive
Article 13 – paragraph 1
Directive 2014/53/EU
Article 43c – paragraph 1
Amendment 286
Proposal for a directive
Article 13 – paragraph 1
Directive 2014/53/EU
Article 43c – paragraph 2 – subparagraph 2
Amendment 287
Proposal for a directive
Article 13 – paragraph 1
Directive 2014/53/EU
Article 43c – paragraph 3 – introductory part
Amendment 288
Proposal for a directive
Article 13 – paragraph 1
Directive 2014/53/EU
Article 43c – paragraph 3 – point c
Amendment 289
Proposal for a directive
Article 13 – paragraph 1
Directive 2014/53/EU
Article 43c – paragraph 3 – point e a
Amendment 290
Proposal for a directive
Article 13 – paragraph 1
Directive 2014/53/EU
Article 43c – paragraph 4
Amendment 291
Proposal for a directive
Article 13 – paragraph 1
Directive 2014/53/EU
Article 43c – paragraph 5
Amendment 292
Proposal for a directive
Article 13 – paragraph 1
Directive 2014/53/EU
Article 43c – paragraph 7
Amendment 293
Proposal for a directive
Article 13 – paragraph 1
Directive 2014/53/EU
Article 43c – paragraph 7 a (new)
Amendment 294
Proposal for a directive
Article 13 – paragraph 1
Directive 2014/53/EU
Article 43d – paragraph 1 – introductory part – point b
Amendment 295
Proposal for a directive
Article 13 – paragraph 1
Directive 2014/53/EU
Article 43e – paragraph 1 – point -a
Amendment 296
Proposal for a directive
Article 13 – paragraph 1
Directive 2014/53/EU
Article 43e – paragraph 1 – point a
Amendment 297
Proposal for a directive
Article 13 – paragraph 1
Directive 2014/53/EU
Article 43e – paragraph 1 – point b
Amendment 298
Proposal for a directive
Article 13 – paragraph 1
Directive 2014/53/EU
Article 43e – paragraph 2
Amendment 299
Proposal for a directive
Article 13 – paragraph 1
Directive 2014/53/EU
Article 43e – paragraph 4
Amendment 300
Proposal for a directive
Article 13 – paragraph 1
Directive 2014/53/EU
Article 43e – paragraph 5
Amendment 301
Proposal for a directive
Article 13 – paragraph 1
Directive 2014/53/EU
Article 43f
Amendment 302
Proposal for a directive
Article 13 – paragraph 1
Directive 2014/53/EU
Article 43g – paragraph 2
Amendment 303
Proposal for a directive
Article 14 – paragraph 1
Directive 2014/68/EU
Article 43a – paragraph 1
Amendment 304
Proposal for a directive
Article 14 – paragraph 1
Directive 2014/68/EU
Article 43a – paragraph 3 – subparagraph 1
Amendment 305
Proposal for a directive
Article 14 – paragraph 1
Directive 2014/68/EU
Article 43a – paragraph 1 – subparagraph 2
Amendment 306
Proposal for a directive
Article 14 – paragraph 1
Directive 2014/68/EU
Article 43a – paragraph 4
Amendment 307
Proposal for a directive
Article 14 – paragraph 1
Directive 2014/68/EU
Article 43b – paragraph 2
Amendment 308
Proposal for a directive
Article 14 – paragraph 1
Directive 2014/68/EU
Article 43b – paragraph 4
Amendment 309
Proposal for a directive
Article 14 – paragraph 1
Directive 2014/68/EU
Article 43b – paragraph 5
Amendment 310
Proposal for a directive
Article 14 – paragraph 1
Directive 2014/68/EU
Article 43c – paragraph 1
Amendment 311
Proposal for a directive
Article 14 – paragraph 1
Directive 2014/68/EU
Article 43c – paragraph 1 – subparagraph 2
Amendment 312
Proposal for a directive
Article 14 – paragraph 1
Directive 2014/68/EU
Article 43c – paragraph 3 – introductory part
Amendment 313
Proposal for a directive
Article 14 – paragraph 1
Directive 2014/68/EU
Article 43c – paragraph 3 – point c
Amendment 314
Proposal for a directive
Article 14 – paragraph 1
Directive 2014/68/EU
Article 43c – paragraph 3 – point e a
Amendment 315
Proposal for a directive
Article 14 – paragraph 1
Directive 2014/68/EU
Article 43c – paragraph 4
Amendment 316
Proposal for a directive
Article 14 – paragraph 1
Directive 2014/68/EU
Article 43c – paragraph 5
Amendment 317
Proposal for a directive
Article 14 – paragraph 1
Directive 2014/68/EU
Article 43c – paragraph 6
Amendment 318
Proposal for a directive
Article 14 – paragraph 1
Directive 2014/68/EU
Article 43c – paragraph 8
Amendment 319
Proposal for a directive
Article 14 – paragraph 1
Directive 2014/68/EU
Article 43c – paragraph 8 a (new)
Amendment 320
Proposal for a directive
Article 14 – paragraph 1
Directive 2014/68/EU
Article 43d – paragraph 1 – introductory part – point b
Amendment 321
Proposal for a directive
Article 14 – paragraph 1
Directive 2014/68/EU
Article 43e – paragraph 1 – point -a
Amendment 322
Proposal for a directive
Article 14 – paragraph 1
Directive 2014/68/EU
Article 43e – paragraph 1 – point a
Amendment 323
Proposal for a directive
Article 14 – paragraph 1
Directive 2014/68/EU
Article 43e – paragraph 1 – point b
Amendment 324
Proposal for a directive
Article 14 – paragraph 1
Directive 2014/68/EU
Article 43e – paragraph 2
Amendment 325
Proposal for a directive
Article 14 – paragraph 1
Directive 2014/68/EU
Article 43e – paragraph 4
Amendment 326
Proposal for a directive
Article 14 – paragraph 1
Directive 2014/68/EU
Article 43e – paragraph 5
Amendment 327
Proposal for a directive
Article 14 – paragraph 1
Directive 2014/68/EU
Article 43f
Amendment 328
Proposal for a directive
Article 14 – paragraph 1
Directive 2014/68/EU
Article 43g – paragraph 2
EXPLANATORY STATEMENT
1. Introduction
On 19 September 2022, the European Commission published the proposal for the “Single Market Emergency Instrument” (SMEI) and two legislative proposals with targeted amendments to sectoral legislation. SMEI provides a general framework for EU crisis response in the internal market and complements other sector-specific crisis response mechanisms such as the Union Civil Protection Mechanism and sector-specific crisis frameworks in the areas of health, semiconductors or food security.
SMEI was drawn up in response to the fragmentation of the internal market during the Covid-19 pandemic where ad-hoc, unilateral border closures impinged on the freedom of movement of goods, services and workers, and exacerbated supply chain disruptions. The unprecedented crisis led to a chaotic initial response by the Member States, marked by a lack of coordination and solidarity, and the introduction of unjustified restrictions, without fully taking into consideration their devastating effect on the proper functioning of the internal market. The new instrument provides for a horizontal crisis governance framework to make sure that the internal market remains open and that supply chains are more resilient.
2. The Draft Report
The Rapporteur fully supports the objective of the Regulation of safeguarding free movement of goods, workers and services. At the same time, the Rapporteur believes that resilience is key to ensuring that the internal market delivers on its ultimate goal of supporting the EU’s economy. The Rapporteur therefore proposes to change the title to “Internal Market Emergency and Resilience Act” (IMERA) and to introduce additional changes to strengthen the Union’s resilience. The Rapporteur welcomes IMERA’s approach to preserving the free movement of goods, services and workers. During the Covid-19 pandemic, the rights of workers and companies as enshrined in the Treaties were disproportionately limited. The Rapporteur would like to highlight that the Treaty freedoms are not suspended in times of crises: unilateral limitations to free movement often even hampered the crisis response, such as limiting the mobility of health workers, hospital machinery maintenance service providers or the availability of food supplies. Therefore, the Rapporteur emphasizes the important role that “Fast lanes” played during the pandemic and highlights that the new instrument should further develop such measures.
During the Covid 19 pandemic and the EU’s response to Russia’s illegal war in Ukraine, the government-led crisis responses were complemented by the rapid adjustments companies made to their supply chains and production lines. The Rapporteur believes that market interventions must remain instruments of last resort, while market-based mechanisms such as procurement and cooperation between the government and the industry are better, faster and more efficient crisis responses.
In view of these considerations, the Rapporteur strengthens some elements, in particular pertaining to resilience and the free movement of workers, goods and services. At the same time, he wants to ensure that during a crisis, the spirit of cooperation and solidarity governs the relationship between governments and companies willing to help.
2.2 Resilience during the contingency mode
The Rapporteur believes that IMERA must increase the resilience of supply chains by fostering cooperation between businesses, the Commission and Member States on a voluntary basis. The Rapporteur therefore proposes to ensure the crisis-preparedness of all actors through biennial stress tests, trainings and crisis protocols involving not only all relevant national authorities, but also stakeholders such as businesses, social partners and experts.
Companies possess critical knowledge and resources for crisis responses, as highlighted by the Covid pandemic. In the Rapporteur’s opinion, the inclusion of companies must be an integral part of any crisis response mechanism. The Rapporteur wants to foster greater involvement of companies by allowing them to provide advice on crisis-measures through an online platform. Moreover, to address common sector-specific vulnerabilities at a European level, the Commission should conduct supply chain stress tests on a voluntary basis, thereby giving both the Commission and businesses the opportunity to develop best practices on supply chain resilience.
The Rapporteur believes that strategic reserves must become a more permanent consideration in increasing the Union’s resilience, and increased cooperation and exchange of best practices between the Commission and the Member States is needed. At the same time, the Rapporteur notes that the pro-cyclical creation of reserves during the “Vigilance Mode” or “Emergency Mode” risks increased scarcity, rising prices, affecting competition and the level playing field, and an exacerbation of the situation. Moreover, strategic reserves require established relationships between economic operators and administrative arrangements specific to each sector. Member States are better placed to accomplish that as they already have well-established mechanisms to administer strategic reserves. Therefore, the Rapporteur suggests giving the Commission a permanent role in ensuring coordination, information exchange and promoting solidarity between Member States in the administration of strategic reserves, while removing the empowerment to prescribe mandatory stockpiles during the “Vigilance Mode”.
2.3 Emergency Mode
The Rapporteur believes that the focus of IMERA during a crisis must be to safeguard the free movement of goods, services and workers as enshrined in the treaties, especially in case of emergencies. The Rapporteur proposes to strengthen the elements of the first chapter of the emergency mode and align it with the treaties and with case law. Moreover, the Rapporteur wants to draw more attention to the situation of border regions as they are the most affected by limitations to free movement. Hence, he would like to aim for a unified definition of “working from home”.
To the Rapporteur, companies and market forces are central to any crisis response in the Internal Market. While he sees the necessity for priority rated orders, he suggests improvements to provide further leeway to companies and ensure more legal certainty. Since businesses delivered despite uncoordinated actions by public authorities during the pandemic, the Rapporteur suggests more limited and voluntary requests for information. Moreover, to provide legal certainty, the Rapporteur improves the rules governing the use of data and the protection of trade and business secrets, and of intellectual property. Furthermore, the Rapporteur proposes procedural elements to ensure that priority rated orders remain an instrument of last resort and will not endanger the economic viability of companies. Recalling that companies during the Covid pandemic were under a heavy strain, the Rapporteur suggests adjustments to the sanctions regimes to reflect the lower revenues likely generated during a crisis.
The Rapporteur considers solidarity to be the key for the mutual trust and, ultimately, for the smooth free movement of goods, services and workers. Therefore, he suggests a mechanism whereby Member States may launch a call for solidarity in case of shortages of crisis-relevant goods and services. During Covid, export restrictions and joint procurement pitted EU-members against like-minded neighbours that were equally in need of crisis-relevant goods. To avoid such situations in the future and to strengthen European solidarity, the rapporteur proposes to open up the joint procurement to Andorra, Monaco and San Marino, accession candidate countries and countries of the European Free Trade Area.
2.3 Digital Tools and harmonisation of administrative procedures
During the Covid pandemic, nationally divergent requirements and administrative procedures for entering another Member State created great confusion and frustration for citizens, especially workers and service providers, in particular in border regions. The Rapporteur therefore foresees that the Commission must immediately develop digital tools similar to the successful interoperable Covid-19 certificate to guarantee the functioning of “fast lanes” for critical goods and services. The Commission must provide a digital portal, covering all registration or authorisation forms for cross-border activities, especially for crisis-relevant declarations similar to Covid Certificates, and for crisis-relevant professional services to accelerate authorisation, registration or declaration procedures.
2.4 Governance
Covid highlighted the importance of good cooperation between all governments in the EU’s internal market, but also the importance of parliamentary scrutiny. Therefore, the Rapporteur proposes to model the advisory group after an expert group within the well-known and established rules for such groups, thereby giving the European Parliament and EEA/EFTA countries a more permanent seat at the table as observers. Given the general nature of IMERA, the Rapporteur also suggests improvement to key definitions, thereby increasing legal certainty and predictability.
3. Accompanying proposals
The Rapporteur suggests targeted changes to the two accompanying proposals to make sure that free movement of harmonised and non-harmonised goods is facilitated across the EU. As regards the crisis instruments at the Commission’s disposal, the Rapporteur suggests providing a mechanism also for the rapid placing on the market for non-harmonized products, which would have increased the availability of safe personal protection equipment during the Covid pandemic. Furthermore, to incentivize companies to ramp up production during a crisis, the Rapporteur proposes to permit the continued sale of goods that were put on the market under emergency procedures for a limited period of time after the end of the single market emergency, without compromising on the safety of the products.
It is the Rapporteur’s belief that IMERA should primarily improve the resilience of the internal market, ensuring constant coordination between Member States and ensuring readiness for the event of sudden shocks at all times. Thereby, in times of crisis, the Internal Market must stay open and functional and protect consumers, workers and businesses alike from emergencies.
ANNEX: LIST OF ENTITIES OR PERSONS FROM WHOM THE RAPPORTEUR HAS RECEIVED INPUT
The following list is drawn up on a purely voluntary basis under the exclusive responsibility of the rapporteur. The rapporteur has received input from the following entities or persons in the preparation of the draft report:
PROCEDURE – COMMITTEE RESPONSIBLE
FINAL VOTE BY ROLL CALL IN COMMITTEE RESPONSIBLE