Sittings · Document

DRAFT OPINION (COM(2022)0459 – C90315/2022 – 2022/0278(COD)) 2023-03-10

On the proposal for a regulation of the European Parliament and of the Council establishing a Single Market emergency instrument and repealing Council Regulation No (EC) 2679/98

Committee on Employment and Social Affairs · Rapporteur: Marc Angel

PA_Legam

AMENDMENTS

The Committee on Employment and Social Affairs calls on the Committee on the Internal Market and Consumer Protection, as the committee responsible, to take into account the following amendments:

Amendment 1

Proposal for a regulation

Recital 1

Text proposed by the Commission

Amendment

(1) Past crises, especially the early days of the COVID-19 pandemic, have shown that the internal market (also referred to as the Single Market and its supply chains can be severely affected by such crises, and appropriate crisis management tools and coordination mechanisms are either lacking, do not cover all aspects of the Single market or do not allow for a timely response to such impacts.

(1) Past crises, especially the early days of the COVID-19 pandemic, have shown that the internal market (also referred to as the Single Market) and its supply chains can be severely affected by such crises, and appropriate crisis management tools and coordination mechanisms are either lacking, do not cover all aspects of the Single market or do not allow for a timely response to such impacts. In many cases the sectors most concerned were characterised by a high dependence on cross-border and mobile workers. These workers played an essential role to keep the European economy going during times of crises, but were often left without adequate protection and support when exercising their freedom of movement.

Or. en

Amendment 2

Proposal for a regulation

Recital 3

Text proposed by the Commission

Amendment

(3) Actions by the Commission were delayed by several weeks due to the lack of any Union wide contingency planning measures and ofclarity as to which part of the national administration to contact to find rapid solutions to the impact on the Single Market being cause by the crisis. In addition it became clear that uncoordinated restrictive actions taken by the Member States would further aggravate the impacts of the crisis on the Single market. It emerged that there is a need for arrangements between the Member States and Union authorities as regards contingency planning, technical level coordination and cooperation and information exchange.

Or. en

Amendment 3

Proposal for a regulation

Recital 4

Text proposed by the Commission

Amendment

(4) Representative organisations of economic operators have suggested that economic operators did not have sufficient information on the crisis response measures of the Member States during the pandemics, partly due to not knowing where to obtain such information, partly due to language constraints and the administrative burden implied in making repeated inquiries in all the Member States, especially in a constantly changing regulatory environment. This prevented them from making informed business decisions as to what extent they may rely on their free movement rights or continue cross-border business operations during the crisis. It is necessary to improve the availability of information on national and Union level crisis response measures

(4) Representative organisations of economic operators and trade unions have suggested that economic operators and workers did not have sufficient information on the crisis response measures of the Member States during the pandemics, partly due to not knowing where to obtain such information, partly due to language constraints and the administrative burden implied in making repeated inquiries in all the Member States, especially in a constantly changing regulatory environment. This prevented them from making informed business decisions as to what extent they may rely on their free movement rights or continue cross-border business operations during the crisis. It is necessary to improve the availability of information on national and Union level crisis response measures

Or. en

Amendment 4

Proposal for a regulation

Recital 7

Text proposed by the Commission

Amendment

(7) Since any specific aspects of future crises that would impact the Single Market and its supply chains are hard to predict, this Regulation should provide for a general framework for anticipating, preparing for, mitigating and minimising the negative impacts which any crisis may cause on the Single Market and its supply chains. .

Or. en

Amendment 5

Proposal for a regulation

Recital 8

Text proposed by the Commission

Amendment

(8) The framework of measures set out under this Regulation should be deployed in a coherent, transparent, efficient, proportionate and timely manner, having due regard to the need to maintain vital societal functions, meaning including public security, safety, public order, or public health respecting, the responsibility of the Member States to safeguard national security and their power to safeguard other essential state functions, including ensuring the territorial integrity of the State and maintaining law and order. The framework should also recognise the important role played by social partners in elaborating and implementing contingency measures and ensure full respect for collective bargaining rights and the autonomy of social partners.

Or. en

Amendment 6

Proposal for a regulation

Recital 9 – indent 1

Text proposed by the Commission

Amendment

— the necessary means to ensure the continued functioning of the Single Market, the businesses that operate on the Single Market and its strategic supply chains, including the free circulation of goods, services and persons in times of crisis and the availability of crisis relevant goods and services to citizens, businesses and public authorities at the time of crisis;

Or. en

Amendment 7

Proposal for a regulation

Recital 9 – indent 3

Text proposed by the Commission

Amendment

— the means for the timely accessibility and availability of the information which is needed for a targeted response and adequate market behaviour by businesses and citizens during a crisis.

— the means for the timely accessibility and availability of the information which is needed for a targeted response and adequate market behaviour by businesses, workers and citizens during a crisis.

Or. en

Amendment 8

Proposal for a regulation

Recital 19

Text proposed by the Commission

Amendment

(19) Article 45 TFEU lays down the right to free movement of workers, subject to the limitations and conditions laid down in the Treaties and the measures adopted to give them effect. This Regulation contains provisions which complement the existing measures in order to preserve free movement of persons, increase transparency and provide administrative assistance during Single Market emergencies, while ensuring the safety of workers exercising their freedom of movement also in times of crisis. Such measures should provide that essential and crisis relevant workers exercising their freedom of movement during a Single Market emergency have access to adequate protection and information, including by setting up and making available of the single points of contact to workers and their representatives in the Member States and at Union level during the Single Market vigilance and emergency modes under this regulation.

Or. en

Amendment 9

Proposal for a regulation

Recital 20

Text proposed by the Commission

Amendment

(20) If Member States adopt measures affecting free movement of goods or persons, goods or the freedom to provide services in preparation for and during Single Market emergencies, they should limit such measures to what is necessary and remove them as soon as the situation allows it. Such measures should respect fundamental human rights as well as the principles of proportionality and non-discrimination and should take into consideration the particular situation of border regions. In the light of digitalisation and its cross-border impacts on the Single Market and the EU labour market, special consideration needs to be given to teleworking arrangements. In particular in cases of restrictions to the free movement of workers, special attention should be paid to the question of whether mobile workers, including cross borders and frontier workers, are able to carry out their tasks remotely or not. In order to avoid discrimination, workers for whom cross-border telework is not feasible, for example due to the nature of their tasks and responsibilities, should not be subject to undue restrictions to their freedom of movement as long as their health and safety can be ensured.

Or. en

Amendment 10

Proposal for a regulation

Recital 21

Text proposed by the Commission

Amendment

(21) The activation of the Single Market emergency mode should trigger an obligation for the Member States to notify crisis-relevant free movement restrictions.

(21) The activation of the Single Market emergency mode should trigger an obligation for the Member States to notify crisis-relevant free movement restrictions. Social partners should be consulted regarding any emergency measure having an impact on the labour market. A close cooperation with social partners can also facilitate the implementation of such measures and information provision to workers and economic operators.

Or. en

Amendment 11

Proposal for a regulation

Recital 22

Text proposed by the Commission

Amendment

(22) When examining the compatibility of any notified draft or adopted measures with the principle of proportionality, the Commission should pay due regard to the evolving crisis situation and often limited information that is at the disposal of the Member States when they seek to reduce the emerging risks in the context of the crisis. Where justified and necessary in the circumstances, the Commission may consider based on any available information, including specialised or scientific information, the merits of Member State arguments relying on the precautionary principle as a reason for adoption of free movement of persons restrictions. It is the task of the Commission to ensure that such measures comply with Union law and do not create unjustified obstacles to the functioning of the Single Market. The Commission should react to the notifications of Member States as quickly as possible, taking into account the circumstances of the particular crisis, and at the latest within the time-limits set out by this Regulation.

(22) When examining the compatibility of any notified draft or adopted measures with the principle of proportionality, the Commission should pay due regard to the evolving crisis situation and often limited information that is at the disposal of the Member States when they seek to reduce the emerging risks in the context of the crisis. Where justified and necessary in the circumstances, the Commission may consider based on any available information, including specialised or scientific information, the merits of Member State arguments relying on the precautionary principle enshrined in Article 191 TFEU as a reason for adoption of free movement of persons restrictions, while giving due regard to the protection of fundamental human rights as set out in national, European and international law. It is the task of the Commission to ensure that such measures comply with Union law and do not create unjustified obstacles to the functioning of the Single Market. The Commission should react to the notifications of Member States as quickly as possible, taking into account the circumstances of the particular crisis, and at the latest within the time-limits set out by this Regulation.

Or. en

Amendment 12

Proposal for a regulation

Recital 23

Text proposed by the Commission

Amendment

(23) In order to ensure that the specific Single Market emergency measures provided for in this Regulation are used only where this is indispensable for responding to a particular Single Market emergency, such measures should require individual activation by means of Commission implementing acts, which indicate the reasons for such activation and the crisis-relevant goods or services that such measures apply to.

(23) In order to ensure that the specific Single Market emergency measures provided for in this Regulation are used only where this is indispensable for responding to a particular Single Market emergency, such measures should require individual activation by means of Commission implementing acts, which indicate the reasons for such activation and how the measures comply with fundamental human rights, as well as the crisis-relevant goods or services that such measures apply to.

Or. en

Amendment 13

Proposal for a regulation

Recital 24

Text proposed by the Commission

Amendment

(24) Furthermore, in order to ensure the proportionality of the implementing acts and due respect for the role of economic operators in crisis management, the Commission should only resort to the activation of the Single Market emergency mode, where economic operators are not able to provide a solution on a voluntary basis within a reasonable time. Why this is the case should be indicated in each such act, and in relation to all particular aspects of a crisis.

(24) Furthermore, in order to ensure the proportionality of the implementing acts and due respect for the autonomy of social partners and the role of economic operators in crisis management, the Commission should only resort to the activation of the Single Market emergency mode, where economic operators are not able to provide a solution on a voluntary basis within a reasonable time. Why this is the case should be indicated in each such act, and in relation to all particular aspects of a crisis.

Or. en

Amendment 14

Proposal for a regulation

Recital 35

Text proposed by the Commission

Amendment

(35) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission as regards the possibility to adopt supportive measures for facilitating free movement of persons, for establishing a list of individual targets (quantities and deadlines) for those strategic reserves that the Member States should maintain, so that the objectives of the initiative are achieved. Furthermore, implementing powers should be conferred on the Commission as regards activating the vigilance mode and vigilance measures in order to carefully monitor the strategic supply chains and coordinate the building up of strategic reserves for goods and services of strategic importance. Moreover, implementing powers should be conferred on the Commission as regards activation of specific emergency response measures at the time of a Single Market emergency, to allow for a rapid and coordinated response. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council.

(35) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission as regards the possibility to adopt supportive measures for facilitating free movement of persons including the protection of workers exercising this right, for establishing a list of individual targets (quantities and deadlines) for those strategic reserves that the Member States should maintain, so that the objectives of the initiative are achieved. Furthermore, implementing powers should be conferred on the Commission as regards activating the vigilance mode and vigilance measures in order to carefully monitor the strategic supply chains and coordinate the building up of strategic reserves for goods and services of strategic importance. Moreover, implementing powers should be conferred on the Commission as regards activation of specific emergency response measures at the time of a Single Market emergency, to allow for a rapid and coordinated response. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council.

Or. en

Amendment 15

Proposal for a regulation

Recital 36

Text proposed by the Commission

Amendment

(36) This Regulation respects fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union (the ‘Charter’). In particular, it respects the right to privacy of the economic operators enshrined in Article 7 of the Charter, right to data protection set out in Article 8 of the Charter, the freedom to conduct business and the freedom of contract, which are protected by Article 16 of the Charter, the right to property, protected by Article 17 of the Charter, right to collective bargaining and action protected by Article 26 of the Charter and the right to an effective judicial remedy and to a fair trial as provided for in Article 47 of the Charter. Since the objective of this Regulation cannot be sufficiently achieved by the Member States and can rather, by reason of the scale or effects of the action, be better achieved at Union level, the Union may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective. The Regulation should not affect the autonomy of the social partners as recognised by the TFEU.

(36) This Regulation respects fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union (the ‘Charter’),. In particular, it respects everyone’s right to privacy enshrined in Article 7 of the Charter, the right to data protection set out in Article 8 of the Charter, the freedom to choose an occupation and the right to engage in work as protected by Article 15 of the Charter, the freedom to conduct business and the freedom of contract, which are protected by Article 16 of the Charter, the right to property, protected by Article 17 of the Charter, right to collective bargaining and action protected by Article 28 of the Charter, fair and just working conditions as protected by Article 31 of the Charter, and the right to an effective judicial remedy and to a fair trial as provided for in Article 47 of the Charter. No emergency measure triggered under this Regulation in response to a crisis in the Single Market should be used to undermine or circumvent fundamental human rights as guaranteed under the Charter or international human rights instruments. Since the objective of this Regulation cannot be sufficiently achieved by the Member States and can rather, by reason of the scale or effects of the action, be better achieved at Union level, the Union may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective. The Regulation should not affect the autonomy of the social partners as recognised by the TFEU.

Or. en

Amendment 16

Proposal for a regulation

Recital 38

Text proposed by the Commission

Amendment

(38) The Union framework shall include interregional elements to establish coherent, multi-sectoral, cross-border Single Market vigilance and emergency response measures, in particular considering the resources, capacities and vulnerabilities across neighbouring regions, specifically border regions.

Or. en

Amendment 17

Proposal for a regulation

Article 1 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

2 a. This Regulation shall not in any way affect the exercise of fundamental rights as recognised in the Member States and at Union level, including the right or freedom to strike or to take other action covered by the specific industrial relations systems in Member States, in accordance with national law and/or practice. Nor does it affect the right to negotiate, to conclude and enforce collective agreements, or to take collective action in accordance with national law and/or practice.

Or. en

Amendment 18

Proposal for a regulation

Article 2 – paragraph 1

Text proposed by the Commission

Amendment

1. The measures set out in this Regulation apply in relation to significant impacts of a crisis on the functioning of the Single Market and its supply chains.

1. The measures set out in this Regulation apply in relation to significant impacts of a crisis on the functioning of the Single Market and its supply chains, while fully respecting and safeguarding fundamental human rights as laid down in the Charter of Fundamental Rights of the European Union.

Or. en

Amendment 19

Proposal for a regulation

Article 2 – paragraph 7

Text proposed by the Commission

Amendment

7. Any actions under this Regulation shall be consistent with Union’s obligations under international law

7. Any actions under this Regulation shall be consistent with Union’s obligations under international law, including human rights obligations of the Union and its Member States resulting from international human rights instruments.

Or. en

Amendment 20

Proposal for a regulation

Article 3 – paragraph 1 – point 1

Text proposed by the Commission

Amendment

(1) ‘crisis’ means an exceptional unexpected and sudden, natural or man-made event of extraordinary nature and scale that takes place inside or outside of the Union;

(1) ‘crisis’ means an exceptional unexpected and sudden, natural or man-made event of extraordinary nature and scale, with the exclusion of collective actions, that takes place inside or outside of the Union and results or risks to result in a significant disruption of the supply of goods and services;

Or. en

Amendment 21

Proposal for a regulation

Article 4 – paragraph 2

Text proposed by the Commission

Amendment

2. The advisory group shall be composed of one representative from each Member State. Each Member State shall nominate a representative and an alternate representative.

2. The advisory group shall be composed of one representative from each Member State Each Member State shall nominate a representative and an alternate representative. Cross-industry social partner organisations at Union level, may designate four representatives to the advisory group with an equal representation of trade union and employer organisations.

Or. en

Amendment 22

Proposal for a regulation

Article 4 – paragraph 3

Text proposed by the Commission

Amendment

3. The Commission shall chair the advisory group and ensure its secretariat. The Commission may invite a representative of the European Parliament, representatives of EFTA States that are contracting parties to the Agreement on the European Economic Area49 , representatives of economic operators, stakeholder organisations, social partners and experts, to attend meetings of the advisory group as observers. It shall invite the representatives of other crisis-relevant bodies at Union level as observers to the relevant meetings of the advisory group.

3. The Commission shall chair the advisory group and ensure its secretariat. The Commission may invite a representative of the European Parliament, representatives of EFTA States that are contracting parties to the Agreement on the European Economic Area49 , representatives of economic operators, trade unions, stakeholder organisations and experts, to attend meetings of the advisory group as observers. It shall invite the representatives of other crisis-relevant bodies at Union level as observers to the relevant meetings of the advisory group.

__________________

49 OJ L 1, 3.1.1994, p. 3.

Or. en

Amendment 23

Proposal for a regulation

Article 4 – paragraph 5 – point c

Text proposed by the Commission

Amendment

(c) consulting the representatives of trade unions, economic operators, including SMEs, and industry to collect market intelligence and to better understand and anticipate implications on the labour market;

Or. en

Amendment 24

Proposal for a regulation

Article 4 – paragraph 9

Text proposed by the Commission

Amendment

9. The advisory group may adopt opinions, recommendations or reports in the context of its tasks set out in paragraphs 4 to 6.

9. The advisory group may adopt opinions, recommendations or reports in the context of its tasks set out in paragraphs 4 to 6. Opinions, recommendations or reports of the advisory group shall be made public.

Or. en

Amendment 25

Proposal for a regulation

Article 6 – paragraph 2 – point b

Text proposed by the Commission

Amendment

(b) consultation of the representatives of economic operators and social partners, including SMEs, on their initiatives and actions to mitigate and respond to potential supply chain disruptions and overcome potential shortages of goods and services in the Single Market;

(b) consultation of trade unions and the representatives of economic operators, including SMEs, on their initiatives and actions to protect the safety and rights of workers, to mitigate and respond to potential supply chain disruptions and to overcome potential shortages of goods and services in the Single Market, including the impact of such initiatives and actions on labour markets;

Or. en

Amendment 26

Proposal for a regulation

Article 8 – paragraph 3 – point a

Text proposed by the Commission

Amendment

(a) the number of economic operators affected by the disruption or potential disruption;

(a) the number of economic operators and workers affected by the disruption or potential disruption;

Or. en

Amendment 27

Proposal for a regulation

Article 9 – paragraph 2

Text proposed by the Commission

Amendment

2. The implementing act referred to in paragraph 1 shall be adopted in accordance with the examination procedure referred to in Article 41(2).

2. The implementing act referred to in paragraph 1 shall be adopted in accordance with the examination procedure referred to in Article 41(2). The Commission shall report any activation of the vigilance mode to the European Parliament and the Council.

Or. en

Amendment 28

Proposal for a regulation

Article 11 – paragraph 1

Text proposed by the Commission

Amendment

1. When the vigilance mode has been activated in accordance with Article 9, national competent authorities shall monitor the supply chains of goods and services of strategic importance that have been identified in the implementing act activating the vigilance mode. Member States shall, in consultation with social partners, assess how workers and economic operators in the strategic areas identified might be affected by the potential crisis.

Or. en

Amendment 29

Proposal for a regulation

Article 13 – paragraph 1 – point a a (new)

Text proposed by the Commission

Amendment

(a a) the crisis already had or is likely to have a severe impact on the freedom of movement of persons, goods and services;

Or. en

Amendment 30

Proposal for a regulation

Article 13 – paragraph 1 – point h

Text proposed by the Commission

Amendment

(h) the importance of the affected economic operator in maintaining a sufficient level of supply of the goods or services, taking into account the availability of alternative means for the provision of those goods or services; and

(h) the importance of economic operators in the disrupted sector in maintaining a sufficient level of supply of the goods or services, taking into account the availability of alternative means for the provision of those goods or services; and

Or. en

Amendment 31

Proposal for a regulation

Article 14 – paragraph 3

Text proposed by the Commission

Amendment

3. The Council may activate the Single Market emergency mode by means of a Council implementing act. The duration of the activation, hall be specified in the implementing act, and shall be a maximum of six months.

3. The Council may activate the Single Market emergency mode by means of a Council implementing act. This implementing act shall include an overview of crisis relevant goods and services. The duration of the activation, shall be specified in the implementing act, and shall be a maximum of six months.

Or. en

Amendment 32

Proposal for a regulation

Article 14 – paragraph 5

Text proposed by the Commission

Amendment

5. As soon as the Single Market emergency mode is activated, the Commission shall, without delay, adopt a list of crisis-relevant goods and services by means of an implementing act. The list may be amended by means of implementing acts.

5. As soon as the Single Market emergency mode is activated, the Commission shall, without delay, consult the advisory group and adopt a list of crisis-relevant goods and services by means of an implementing act. The list may be amended by means of implementing acts.

Or. en

Amendment 33

Proposal for a regulation

Article 16 – paragraph 1

Text proposed by the Commission

Amendment

1. When adopting and applying national measures in response to a Single Market emergency and the underlying crisis, Member States shall ensure that their actions fully comply with the Treaty and Union law and, in particular, with the requirements laid down in this Article.

Or. en

Amendment 34

Proposal for a regulation

Article 16 – paragraph 2

Text proposed by the Commission

Amendment

2. Any restriction shall be limited in time and removed as soon as the situation allows it. Additionally, any restriction should take into account the situation of border regions.

2. Any restriction shall be limited in time and to what is strictly necessary. Any restrictions shall be removed as soon as the situation allows for it. Additionally, any restriction should take into account the situation of border regions and that of mobile workers, in particular frontier workers.

Or. en

Amendment 35

Proposal for a regulation

Article 16 – paragraph 3

Text proposed by the Commission

Amendment

3. Any requirement imposed on citizens and businesses shall not create an undue or unnecessary administrative burden.

3. Any requirement imposed on citizens, workers and businesses shall not create an undue or unnecessary administrative burden.

Or. en

Amendment 36

Proposal for a regulation

Article 16 – paragraph 4

Text proposed by the Commission

Amendment

4. Member States shall inform citizens, consumers, businesses, workers and their representatives about measures that affect their free movement rights in a clear and unambiguous manner.

4. Member States shall inform citizens, consumers, businesses, workers and their representatives about measures that affect their free movement rights in a clear, timely and unambiguous manner so as to ensure legal certainty also in cross-border situations. Close cooperation should be established with social partners at national and local level to ensure the effective dissemination of relevant information to workers and economic operators.

Or. en

Amendment 37

Proposal for a regulation

Article 16 – paragraph 5

Text proposed by the Commission

Amendment

5. Member States shall ensure that all affected stakeholders are informed of measures restricting free movement of goods, services and persons, including workers and service providers, before their entry into force. Member States shall ensure a continuous dialogue with stakeholders, including communication with social partners and international partners.

Or. en

Amendment 38

Proposal for a regulation

Article 17 – paragraph 1 – point d – introductory part

Text proposed by the Commission

Amendment

(d) restrictions on the free movement of persons involved in the production of crisis-relevant goods that are listed in an implementing act adopted pursuant to Article 14, paragraph 5 and their parts or in provision of crisis-relevant services that are listed in an implementing act adopted pursuant to Article 14 paragraph 5, or other measures having equivalent effect, that:

(d) restrictions on the free movement of persons involved in the production of crisis-relevant goods that are listed in an implementing act adopted pursuant to Article 14, paragraph 5 and their parts or in provision of crisis-relevant services that are listed in an implementing act adopted pursuant to Article 14 paragraph 5 or which are essential to the functioning of the distorted sector, or other measures having equivalent effect, that:

Or. en

Amendment 39

Proposal for a regulation

Article 17 – paragraph 4 – point e

Text proposed by the Commission

Amendment

(e) imposing restrictions on workers and service providers and their representatives, unless to do so in inherent to the nature of the crisis/Single Market emergency and it does not manifestly go beyond what is necessary for that purpose. To this end, due regard should be given to the needs of mobile workers, in particular frontier workers, who depend on the freedom of movement to make a living, in particular those in professions which require on-location work and therefore do not allow tasks to be carried out remotely through the means of digital communication or otherwise.

Or. en

Amendment 40

Proposal for a regulation

Article 17 – paragraph 5

Text proposed by the Commission

Amendment

5. When a Single Market emergency has been activated in accordance with Article 14 and the activities exercised by the service providers, business representatives and workers are not affected by the crisis in the Member State and safe travel is possible despite the crisis, that Member State shall not impose travel restrictions on such categories of persons from other Member States that would prevent them from having access to their place of activity or workplace.

5. When a Single Market emergency has been activated in accordance with Article 14 and the activities exercised by the service providers, business representatives and workers are not affected by the crisis in a Member State and safe travel is possible despite the crisis, Member States shall not impose travel restrictions on such categories of persons from other Member States that would prevent them from having access to their place of activity or workplace.

Or. en

Amendment 41

Proposal for a regulation

Article 17 – paragraph 6 – introductory part

Text proposed by the Commission

Amendment

6. When a Single Market emergency has been activated in accordance with Article 14 and exceptional circumstances resulting from the crisis do not allow all service providers, business representatives and workers from other Member States to travel and to have unhindered access to their place of activity or workplace, but travelling is still possible, Member States shall not impose travel restrictions, on:

Or. en

Amendment 42

Proposal for a regulation

Article 17 – paragraph 6 – point a

Text proposed by the Commission

Amendment

(a) Those service providers that provide crisis-relevant services that are listed in an implementing act adopted pursuant to Article 14(5), or business representatives or workers that are involved in production of crisis-relevant goods or provision of crisis-relevant services that are listed in an implementing act adopted pursuant to Article 14(5) to allow them to have access to the place of their activities, if activities in the sector concerned are still allowed in the Member State;

Or. en

Amendment 43

Proposal for a regulation

Article 17 – paragraph 7

Text proposed by the Commission

Amendment

7. When taking the measures referred to in this provision, the Member States shall ensure full compliance with the Treaties and Union law. Nothing in this provision shall be construed as authorising or justifying restrictions to free movement contrary to the Treaties or other provisions of Union law.

7. When taking the measures referred to in this provision, the Member States shall ensure full compliance with the Treaties and Union law, including the protection of workers, service providers and business representatives, ensuring they are able to exercise their freedom of movement under safe conditions. Nothing in this provision shall be construed as authorising or justifying restrictions to free movement contrary to the Treaties or other provisions of Union law.

Or. en

Amendment 44

Proposal for a regulation

Article 19 – paragraph 6

Text proposed by the Commission

Amendment

6. The Commission shall ensure that citizens and businesses are informed of the notified measures, unless Member States request that the measures remain confidential, or the Commission deems disclosure of those measures would affect the security and public order of the European Union or its Member States, as well as of the decisions and Member States’ comments adopted in accordance with this Article.

6. The Commission shall ensure that citizens, workers, businesses and social partners are informed of the notified measures, unless Member States request that the measures remain confidential, or the Commission deems disclosure of those measures would affect the security and public order of the European Union or its Member States, as well as of the decisions and Member States’ comments adopted in accordance with this Article.

Or. en

Amendment 45

Proposal for a regulation

Article 21 – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

1. Member States shall operate national single points of contact that shall provide citizens, consumers, economic operators and workers and their representatives with the following assistance:

1. Member States shall operate national single points of contact. and cooperate with social partners in this regard, that shall provide citizens, consumers, economic operators and workers and their representatives with the following assistance:

Or. en

Amendment 46

Proposal for a regulation

Article 39 a (new)

Text proposed by the Commission

Amendment

Article 39 a

Non regression clause

This regulation is without prejudice to existing national participation rights of social partners, that provide more favourable provisions.

Or. en