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

PR_COD_1amCom

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Amendments to a draft act

Amendments by Parliament set out in two columns

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Amendments by Parliament in the form of a consolidated text

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DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

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

(COM(2022)0459 – C90315/2022 – 2022/0278(COD))

(Ordinary legislative procedure: first reading)

– having regard to the Commission proposal to Parliament and the Council (COM(2022)0459),

– having regard to Article 294(2) and Articles 114, 21 and 45 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C90315/2022),

– having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

– having regard to the reasoned opinion submitted, within the framework of Protocol No 2 on the application of the principles of subsidiarity and proportionality, by the Swedish Parliament, asserting that the draft legislative act does not comply with the principle of subsidiarity,

– having regard to the opinion of the European Economic and Social Committee of 14 December 2022,

– having regard to the opinion of the Committee of the Regions of 8 February 2023,

– having regard to Rule 59 of its Rules of Procedure,

– having regard to the letters from the Committee on Budgets and the Committee on Transport and Tourism,

– having regard to the opinions of the Committee on Employment and Social Affairs and the Committee on Industry, Research and Energy,

– having regard to the report of the Committee on the Internal Market and Consumer Protection (A90000/2023),

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 regulation

Title

Text proposed by the Commission

Amendment

Proposal for a

Proposal for a

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

establishing a Single Market emergency instrument and repealing Council Regulation No (EC) 2679/98

establishing an internal market emergency and resilience act and repealing Council Regulation No (EC) 2679/98

Or. en

Amendment 2

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 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 internal market or do not allow for a timely response to such impacts.

Or. en

Amendment 3

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.

(3) Actions by the Commission were delayed by several weeks due to the lack of any Union wide contingency planning measures and of clarity as to which part of the national administration to contact to find rapid solutions to the impact on the internal 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 Internal 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. Additionally, it became evident that a lack of coordination between Member States and other European countries, for example States of the European Free Trade Association, countries participating in the internal market or candidate countries, exacerbated the shortages of countermeasures outside the Union.

Or. en

Amendment 4

Proposal for a regulation

Recital 9

Text proposed by the Commission

Amendment

(9) To this end, this Regulation provides:

(9) To this end, this Regulation provides the necessary means to ensure the continued functioning of the internal market, 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. It also sets out rules for the adequate coordination, cooperation and exchange of information, and establishes digital tools to guarantee the functioning of fast lanes for critical goods and services, with the aim of accelerating authorisation, registration or declaration procedures. Furthermore, in order to enhance the involvement of all economic actors, in particular businesses and civil society in the establishment of crisis-relevant measures, this Regulation imposes an obligation on the Commission to set up a stakeholder platform to facilitate and encourage voluntary response to internal market emergencies.

— 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;

— a forum for adequate coordination, cooperation and exchange of information; and

— 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.

Or. en

Amendment 5

Proposal for a regulation

Recital 9 a (new)

Text proposed by the Commission

Amendment

(9a) In order to ensure the smooth functioning of the internal market, this Regulation should set up an advisory board to advise the Commission on the appropriate measures for anticipating, preventing or responding to the impact of a crisis. The Commission should ensure that the European Parliament and Council have equal access to all information, so that the Parliament receives all documents at the same time as Member States’ representatives. The European Parliament should systematically have access to the meetings of the advisory group to which Member States' experts are invited. The participation of representatives of EFTA States as observers should be ensured in accordance with the Agreement on the European Economic Area, as well as in accordance with the bilateral agreements between the Union and the Swiss Confederation.

Or. en

Amendment 6

Proposal for a regulation

Recital 10

Text proposed by the Commission

Amendment

(10) Where possible, this Regulation should allow for anticipation of events and crises, building on on-going analysis concerning strategically important areas of the Single Market economy and the Union’s continuous foresight work.

(10) Resilience is key to ensuring that the internal market delivers on its ultimate goal of supporting the Union’s economy. This Regulation should allow for anticipation of events and crises, building on on-going analysis concerning critically important areas of the internal market economy and the Union’s continuous foresight work. In order to ensure the crisis-preparedness of all actors, it is necessary to set out rules on biennial stress tests, trainings and crisis protocols involving not only all relevant national authorities, but also stakeholders such as businesses, social partners and experts.

Or. en

Amendment 7

Proposal for a regulation

Recital 17

Text proposed by the Commission

Amendment

(17) Article 21 TFEU lays down the right of EU citizens to move and reside freely within the territory of the Member States, subject to the limitations and conditions laid down in the Treaties and the measures adopted to give them effect. The detailed conditions and limitations are laid down in Directive 2004/38/EC. This Directive sets out the general principles applicable to these limitations and the grounds that may be used to justify such measures. These grounds are public policy, public security or public health. In this context, restrictions to freedom of movement can be justified if they are proportionate and non-discriminatory. This Regulation is not intended to provide for additional grounds for the limitation of the right to free movement of persons beyond those provided for in Chapter VI of Directive 2004/38/EC.

(17) Article 21 TFEU lays down the right of EU citizens to move and reside freely within the territory of the Member States, subject to the limitations and conditions laid down in the Treaties and the measures adopted to give them effect. The detailed conditions and limitations are laid down in Directive 2004/38/EC. This Directive sets out the general principles applicable to these limitations and the grounds that may be used to justify such measures. These grounds are public policy, public security or public health. In this context, decisions to restrict freedom of movement can be justified if they are proportionate and non-discriminatory. This Regulation is not intended to provide for additional grounds for the limitation of the right to free movement of persons beyond those provided for in Chapter VI of Directive 2004/38/EC. Any such decisions to restrict the freedom of movement of persons are without prejudice to the possibility for the Commission to adopt measures at a later stage, including the launching of infringement proceedings.

Or. en

Amendment 8

Proposal for a regulation

Recital 34 a (new)

Text proposed by the Commission

Amendment

(34a) In order to safeguard the freedom of movement, the Commission should develop interoperable digital tools to guarantee the functioning of so-called ‘fast lanes’ for critical goods and services. The Commission should set up and maintain a digital portal, covering all registration or authorisation forms for cross-border activities, especially for crisis-relevant declarations similar to EU Digital Covid Certificates, and for crisis-relevant professional services to accelerate authorisation, registration or declaration procedures. That portal should also be usable for the administration of social security forms in the context of posting crisis-relevant workers, in particular to administer the A1 forms. Furthermore, to enable the involvement of all economic actors, in particular businesses and civil society, the Commission should set up a stakeholder platform to facilitate and encourage a voluntary response to internal market emergencies.

Or. en

Amendment 9

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. 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 an internal 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 10

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 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, the right to collective bargaining and action, including the right to strike, protected by Article 28 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.

Or. en

Amendment 11

Proposal for a regulation

Recital 37

Text proposed by the Commission

Amendment

(37) The Union remains fully committed to international solidarity and strongly supports the principle that any measures deemed necessary taken under this Regulation, including those necessary to prevent or relieve critical shortages, are implemented in a manner that is targeted, transparent, proportionate, temporary and consistent with WTO obligations.

(37) Any actions under this Regulation should be consistent with the Union’s obligations under the relevant international law. The Union remains fully committed to international solidarity and strongly supports the principle that any measures deemed necessary taken under this Regulation, including those necessary to prevent or relieve critical shortages, are implemented in a manner that is targeted, transparent, proportionate, temporary and consistent with WTO obligations.

Or. en

Justification

Moved from Art. 2.7 because it only restates the hierarchy of norms.

Amendment 12

Proposal for a regulation

Article 1 – paragraph 1

Text proposed by the Commission

Amendment

1. This Regulation establishes a framework of measures to anticipate, prepare for and respond to impacts of crises on the Single Market, with the purpose of safeguarding the free movement of goods, services and persons and of ensuring the availability of goods and services of strategic importance and crisis-relevant goods and services in the Single Market.

1. The aim of this Regulation is to contribute to the proper functioning of the internal market by setting out a framework of harmonised rules to strengthen its resilience, to ensure an effective response to crisis and to facilitate the free movement of goods, services and persons.

Or. en

Amendment 13

Proposal for a regulation

Article 1 – paragraph 2

Text proposed by the Commission

Amendment

2. The measures referred to in paragraph 1 include:

deleted

(a) an advisory group to advise the Commission on the appropriate measures for anticipating, preventing or responding to the impact of a crisis on the Single Market;

(b) measures for obtaining, sharing and exchanging the relevant information;

(c) contingency measures aiming at anticipation and planning;

(d) measures for addressing Single Market impacts of significant incidents that have not yet resulted in a Single Market emergency (Single Market vigilance), including a set of vigilance measures and

(e) measures for addressing Single Market emergencies, including a set of emergency response measures.

Or. en

Justification

These paragraphs are not suitable to describing the subject matter or clarifying the objective of this regulation.

Amendment 14

Proposal for a regulation

Article 1 – paragraph 3

Text proposed by the Commission

Amendment

3. Member States shall regularly exchange information on all matters falling within the scope of this Regulation among themselves and with the Commission.

deleted

Or. en

Justification

These paragraphs are not suitable to describing the subject matter or clarifying the objective of this regulation.

Amendment 15

Proposal for a regulation

Article 1 – paragraph 4

Text proposed by the Commission

Amendment

4. The Commission may obtain any relevant specialised and/or scientific knowledge, which is necessary for the application of this Regulation.

deleted

Or. en

Justification

These paragraphs are not suitable to describing the subject matter or clarifying the objective of this regulation.

Amendment 16

Proposal for a regulation

Article 2 – title

Text proposed by the Commission

Amendment

Scope of application

Scope

Or. en

Amendment 17

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 internal market and its supply chains.

Or. en

Amendment 18

Proposal for a regulation

Article 2 – paragraph 2 – point a

Text proposed by the Commission

Amendment

(a) medicinal products as defined in Article 2, paragraph 2 of Directive 2001/83/EC;

(a) medicinal products as defined in Article 1, point 2 of Directive 2001/83/EC;

Or. en

Amendment 19

Proposal for a regulation

Article 2 – paragraph 2 – point c

Text proposed by the Commission

Amendment

(c) other medical countermeasures as defined in Article 3, point (8), of Regulation (EU) …/… on Serious Cross-Border Threats to Health [the SCBTH Regulation]44 and included in the list established in accordance with Article 6(1) of the proposal for] Council Regulation (EU) …/… on a framework of measures for ensuring the supply of crisis-relevant medical countermeasures45 ;

(c) other medical countermeasures as defined in Article 3, point (10), of Regulation (EU) 2022/2371 of the European Parliament and of the Council44;

__________________

__________________

44 [reference to adopted Act to be inserted once available]

44 Regulation (EU) 2022/2371 of the European Parliament and of the Council of 23 November 2022 on serious cross-border threats to health and repealing Decision No 1082/2013/EU (OJ L 314, 6.12.2022, p. 26.).

45 [reference to adopted Act to be inserted once available]

Or. en

Amendment 20

Proposal for a regulation

Article 2 – paragraph 5

Text proposed by the Commission

Amendment

5. This Regulation is without prejudice to Union competition rules (Articles 101 to 109 TFEU and implementing regulations), including antitrust, merger and State aid rules.

5. This Regulation is without prejudice to Union competition rules, including antitrust, merger and State aid rules.

Or. en

Amendment 21

Proposal for a regulation

Article 2 – paragraph 6 – introductory part

Text proposed by the Commission

Amendment

6. This Regulation is without prejudice to the Commission:

6. This Regulation is without prejudice to Union law on the protection of personal data, in particular Regulations (EU) 2016/679 and (EU) 2018/1725 and Directive 2002/58/EC;

(a) entering into consultations or cooperation, on behalf of the Union, with relevant third countries, with particular attention paid to developing countries, with a view to seeking cooperative solutions to avoid supply chain disruptions, in compliance with international obligations. This may involve, where appropriate, coordination in relevant international fora; or

(b) assessing whether it is appropriate to impose restrictions to exports of goods in line with the international rights and obligations of the Union under Regulation (EU) 2015/479 of the European Parliament and of the Council48 .

________________________

48 OJ L 83, 27.3.2015, p. 34.

Or. en

Amendment 22

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

deleted

Or. en

Justification

Moved to Recital 37 as this only restates the hierarchy of norms.

Amendment 23

Proposal for a regulation

Article 2 – paragraph 8

Text proposed by the Commission

Amendment

8. This Regulation is without prejudice to the responsibility of the Member States to safeguard national security or their power to safeguard essential state functions, including ensuring the territorial integrity of the State and maintaining law and order.

deleted

Or. en

Justification

Member States should be able to pursue legitimate public interests, including that of national security, while respecting the Treaties. Therefore, this was moved to Art. 16.

Amendment 24

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 , natural or man-made event of extraordinary nature and scale that takes place inside or outside of the Union, which has a detrimental impact on the free movement of goods, services or persons;

Or. en

Justification

The crisis definition should be clearly linked to the objective of the regulation and provide certainty on when crisis measures can be activated.

Amendment 25

Proposal for a regulation

Article 3 – paragraph 1 – point 2

Text proposed by the Commission

Amendment

(2) ‘Single Market vigilance mode’ means a framework for addressing a threat of significant disruption of the supply of goods and services of strategic importance and which has the potential to escalate into a Single Market emergency within the next six months;

(2) ‘internal market vigilance mode’ means a framework for addressing a threat of significant disruption of the supply of goods and services of critical importance and which has the potential to escalate into an internal market emergency within the next six months;

Or. en

Amendment 26

Proposal for a regulation

Article 3 – paragraph 1 – point 3

Text proposed by the Commission

Amendment

(3) ‘Single Market emergency’ means a wide-ranging impact of a crisis on the Single Market that severely disrupts the free movement on the Single Market or the functioning of the supply chains that are indispensable in the maintenance of vital societal or economic activities in the Single Market;

(3) ‘internal market emergency’ means a wide-ranging impact of a crisis on the internal market that severely disrupts the free movement of goods, services and persons, or the functioning of the supply chains that are indispensable in the maintenance of vital societal or economic activities in the internal market;

Or. en

Amendment 27

Proposal for a regulation

Article 3 – paragraph 1 – point 4

Text proposed by the Commission

Amendment

(4) ‘strategically important areas’ means those areas with critical importance to the Union and its Member States, in that they are of systemic and vital importance for public security, public safety, public order or public health, and the disruption, failure, loss or destruction of which would have a significant impact on the functioning of the Single Market;

(4) ‘critically important areas’ means areas with critical importance to the Union and its Member States which are of systemic and vital importance for public security, public safety, public order or public health, and the disruption, failure, loss or destruction of which would have a significant impact on the functioning of the internal market;

Or. en

Amendment 28

Proposal for a regulation

Article 3 – paragraph 1 – point 5

Text proposed by the Commission

Amendment

(5) ‘goods and services of strategic importance’ means goods and services that are indispensable for ensuring the functioning of the Single Market in strategically important areas and which cannot be substituted or diversified;

(5) ‘goods and services of critical importance’ means goods and services that are indispensable for ensuring the functioning of the internal market in critically important areas and which cannot be substituted or diversified;

Or. en

Amendment 29

Proposal for a regulation

Article 3 – paragraph 1 – point 6

Text proposed by the Commission

Amendment

(6) ‘crisis-relevant goods and services’ means goods and services that are indispensable for responding to the crisis or for addressing the impacts of the crisis on the Single Market during a Single Market emergency ;

(6) ‘crisis-relevant goods and services’ means goods and services that are indispensable for responding to the crisis or for addressing the impacts of the crisis on the internal market during an internal market emergency ;

Or. en

Amendment 30

Proposal for a regulation

Article 3 – paragraph 1 – point 7

Text proposed by the Commission

Amendment

(7) ‘strategic reserves’ means a stock of goods of strategic importance for which building a reserve may be necessary to prepare for a Single Market emergency, under the control of a Member State.

(7) ‘strategic reserves’ means a stock of goods of critical importance under the control of a Member State for which building a reserve may be necessary to prepare for an internal market emergency.

Or. en

Amendment 31

Proposal for a regulation

Article 4 – title

Text proposed by the Commission

Amendment

Advisory group

Advisory board

Or. en

Amendment 32

Proposal for a regulation

Article 4 – paragraph 1

Text proposed by the Commission

Amendment

1. An advisory group is established.

1. An advisory board is established.

Or. en

Amendment 33

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 board shall be composed of one representative from each Member State. Each Member State shall nominate a representative and an alternate representative. European Free Trade Association (EFTA) States may participate as observers in accordance with the Agreement on the European Economic Area, as well as in accordance with the bilateral agreements between the Union and the Swiss Confederation.

Or. en

Justification

The internal market is not only made up of EU member states, and the Covid pandemic has shown that a fragmented response across the continent can be detrimental to all.

Amendment 34

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 board and provide its secretariat. Where appropriate, the Commission may establish standing or temporary sub-groups of the advisory board for the purpose of examining specific questions.

__________________

__________________

49 OJ L 1, 3.1.1994, p. 3.

49 OJ L 1, 3.1.1994, p. 3.

Or. en

Justification

Participation of EFTA states is moved to Art 4.2, granting them observer status.

Amendment 35

Proposal for a regulation

Article 4 – paragraph 3 a (new)

Text proposed by the Commission

Amendment

3a. The Commission may invite organisations representing all interested parties, in particular representatives of economic operators, stakeholder organisations and social partners, to attend meetings of the advisory board as observers. The Commission may also invite experts with a specific competence in a crisis-relevant subject to participate in the work of the board on an ad hoc basis.

Or. en

Amendment 36

Proposal for a regulation

Article 4 – paragraph 4 – introductory part

Text proposed by the Commission

Amendment

4. For the purpose of contingency planning under Articles 6 to 8, the advisory group shall assist and advise the Commission as regards the following tasks:

4. For the purpose of contingency planning under Articles 6 to 8, the advisory board shall assist and advise the Commission as regards the following tasks:

Or. en

Amendment 37

Proposal for a regulation

Article 4 – paragraph 4 – point a

Text proposed by the Commission

Amendment

(a) proposing arrangements for administrative cooperation between the Commission and the Member States at the time of the Single Market vigilance and emergency modes that would be contained in the crisis protocols;

(a) proposing arrangements for administrative cooperation between the Commission and the Member States at the time of the internal market vigilance and emergency modes that would be contained in the crisis protocols;

Or. en

Amendment 38

Proposal for a regulation

Article 4 – paragraph 4 – point b a (new)

Text proposed by the Commission

Amendment

(ba) recommending Member States to build a reserve of a critical good in order to prepare for an internal market emergency, taking into account the probability and impact of shortages;

Or. en

Amendment 39

Proposal for a regulation

Article 4 – paragraph 4 – point b b (new)

Text proposed by the Commission

Amendment

(bb) gathering foresight on the possibility of a crisis occurring, conducting data analysis and providing market intelligence;

Or. en

Amendment 40

Proposal for a regulation

Article 4 – paragraph 4 – point b c (new)

Text proposed by the Commission

Amendment

(bc) consulting the representatives of economic operators, including SMEs, and representative organisations in order to collect market intelligence;

Or. en

Amendment 41

Proposal for a regulation

Article 4 – paragraph 4 – point b d (new)

Text proposed by the Commission

Amendment

(bd) analysing aggregated data received by other crisis-relevant bodies at Union and international level;

Or. en

Amendment 42

Proposal for a regulation

Article 4 – paragraph 4 – point b e (new)

Text proposed by the Commission

Amendment

(be) maintaining a repository of national and Union crisis measures that have been used in previous crises and that have had an impact on the internal market and its supply chains.

Or. en

Amendment 43

Proposal for a regulation

Article 4 – paragraph 5 – introductory part

Text proposed by the Commission

Amendment

5. For the purpose of of the Single Market vigilance mode as referred to in Article 9, the advisory group shall assist the Commission in the following tasks:

5. For the purpose of the internal market vigilance mode as referred to in Article 9, the advisory board shall assist the Commission in the following tasks:

Or. en

Amendment 44

Proposal for a regulation

Article 4 – paragraph 5 – point b

Text proposed by the Commission

Amendment

(b) gathering foresight, data analysis and market intelligence;

deleted

Or. en

Justification

moved to Art. 8a (new)

Amendment 45

Proposal for a regulation

Article 4 – paragraph 5 – point c

Text proposed by the Commission

Amendment

(c) consulting the representatives of economic operators, including SMEs, and industry to collect market intelligence;

deleted

Or. en

Justification

moved to Art. 8a (new)

Amendment 46

Proposal for a regulation

Article 4 – paragraph 5 – point d

Text proposed by the Commission

Amendment

(d) analysing aggregated data received by other crisis-relevant bodies at Union and international level;

deleted

Or. en

Justification

moved to Art. 8a (new)

Amendment 47

Proposal for a regulation

Article 4 – paragraph 5 – point f

Text proposed by the Commission

Amendment

(f) maintaining a repository of national and Union crisis measures that have been used in previous crises that have had an impact on the Single Market and its supply chains

deleted

Or. en

Justification

moved to Art. 8a (new)

Amendment 48

Proposal for a regulation

Article 4 – paragraph 6 – introductory part

Text proposed by the Commission

Amendment

6. For the purposes of the Single Market emergency mode as referred to in Article 14, the advisory group shall assist the Commission in the following tasks:

6. For the purposes of the internal market emergency mode as referred to in Article 14, the advisory board shall assist the Commission in the following tasks:

Or. en

Amendment 49

Proposal for a regulation

Article 4 – paragraph 6 – point c

Text proposed by the Commission

Amendment

(c) advising on the implementation of the measures chosen to respond to Single Market emergency at Union level;

(c) advising on the implementation of the measures chosen to respond to the internal market emergency at internal market level;

Or. en

Amendment 50

Proposal for a regulation

Article 4 – paragraph 7

Text proposed by the Commission

Amendment

7. The Commission shall ensure the participation of all bodies at Union level that are relevant to the respective crisis. The advisory group shall cooperate and coordinate closely, where appropriate, with other relevant crisis-related bodies at Union level. The Commission shall ensure coordination with the measures implemented through other Union mechanisms, such as the Union Civil Protection Mechanism (UCPM) or the EU Health Security Framework. The advisory group shall ensure information exchange with the Emergency Response Coordination Centre under the UCPM.

7. The Commission shall ensure the participation of all bodies at Union level that are relevant to the respective crisis, including the European Parliament, and shall, in particular, ensure equal access to all information, so that the European Parliament and the Council receive all documents at the same time. The advisory board shall cooperate and coordinate closely, where appropriate, with other relevant crisis-related bodies at Union level. The Commission shall ensure coordination with the measures implemented through other Union mechanisms, such as the Union Civil Protection Mechanism (UCPM) or the EU Health Security Framework. The advisory board shall ensure information exchange with the Emergency Response Coordination Centre under the UCPM.

Or. en

Justification

The European Parliament should be able to oversee the work of the board. To meaningfully oversee the board's work, the European Parliament needs the same degree of access to information as the Council.

Amendment 51

Proposal for a regulation

Article 4 – paragraph 8

Text proposed by the Commission

Amendment

8. The advisory group shall meet at least three times a year. At its first meeting, on a proposal by and in agreement with the Commission, the advisory group shall adopt its rules of procedure.

8. The advisory board shall meet at least three times a year. At its first meeting, on a proposal by and in agreement with the Commission, the advisory board shall adopt its rules of procedure.

Or. en

Amendment 52

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

Or. en

Amendment 53

Proposal for a regulation

Article 5 – paragraph 1

Text proposed by the Commission

Amendment

1. Member States shall designate central liaison offices responsible for contacts, coordination and information exchange with the central liaison offices of other Member States and Union level central liaison office under this Regulation. Such liaison offices shall coordinate and compile the inputs from relevant national competent authorities.

1. Member States shall designate central liaison offices responsible for contacts, coordination and information exchange with the central liaison offices of other Member States and Union level central liaison office under this Regulation. Such liaison offices shall coordinate and compile the inputs from relevant national competent authorities. Such liaison offices shall also transmit to the national single points of contact, referred to in Article 21, all crisis-relevant information for the purposes of that Article, in real time where possible.

Or. en

Justification

The uneven flow of information between different agencies and layers of government during the Covid pandemic lead to uncertainty for persons, workers and businesses. Therefore, it should be more streamlined and automated, where possible in real time.

Amendment 54

Proposal for a regulation

Article 5 – paragraph 2

Text proposed by the Commission

Amendment

2. The Commission shall designate a Union level central liaison office for contacts with the central liaison offices of the Member States during the Single Market vigilance and emergency modes under this Regulation. The Union level central liaison office shall ensure the coordination and information exchange with the central liaison offices of the Member States for the management of the Single Market vigilance and emergency modes.

2. The Commission shall designate a Union level central liaison office for contacts with the central liaison offices of the Member States during the internal market vigilance and emergency modes under this Regulation. The Union level central liaison office shall ensure the coordination and information exchange with the central liaison offices of the Member States for the management of the internal market vigilance and emergency modes.

Or. en

Amendment 55

Proposal for a regulation

Article 6 – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

1. The Commission taking into consideration the opinion of the advisory group and the input of relevant Union level bodies, is empowered after consulting the Member States, to adopt a delegated act to supplement this Regulation with a framework setting out crisis protocols regarding crisis cooperation, exchange of information and crisis communication for the Single Market vigilance and emergency modes, in particular:

1. The Commission, taking into consideration the opinion of the advisory board and the input of relevant Union level bodies, and after consulting the Member States, is empowered to adopt a delegated act to supplement this Regulation with a framework setting out crisis protocols regarding crisis cooperation, exchange of information and crisis communication for the internal market vigilance and emergency modes, in particular:

Or. en

Amendment 56

Proposal for a regulation

Article 6 – paragraph 1 – point a

Text proposed by the Commission

Amendment

(a) cooperation between national and Union level competent authorities for the management of the Single Market vigilance and emergency modes in vigilance and emergency modes across the sectors of the Single Market;

(a) cooperation between national and Union level competent authorities for the management of the internal market vigilance and emergency modes in vigilance and emergency modes across the sectors of the internal market;

Or. en

Amendment 57

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 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 internal market;

Or. en

Amendment 58

Proposal for a regulation

Article 6 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

2a. The Commission, taking into account the opinion of the advisory board, may initiate, encourage and facilitate the drawing up of voluntary crisis protocols by economic operators in order to address internal market emergencies, strictly limited to extraordinary circumstances. The Commission may, where necessary and appropriate, also involve civil society organisations or other relevant organisations in drawing up the crisis protocols. The voluntary crisis protocols shall set out:

(a) the specific parameters of the disruption that the voluntary crisis protocol seeks to address and the objectives it pursues;

(b) the role of each participant and the measures they are to put in place in preparation and their role once the crisis protocol has been activated;

(c) the procedure for determining when the crisis protocol is to be activated;

(d) actions to mitigate and respond to potential supply-chain disruptions and to overcome potential shortages of goods and services in the internal market, strictly limited to what is necessary for addressing the disruption;

(e) safeguards to address any negative effects on the free movement of goods, services and workers.

Or. en

Justification

During the pandemic, economic operators relied on their specific knowledge on productions processes and supply chain risk management to adapt to the new situation. Such industry-lead efforts should complement administrative measures, as they are best placed to take into account sector-specific risks and vulnerabilities.

Amendment 59

Proposal for a regulation

Article 6 – paragraph 3

Text proposed by the Commission

Amendment

3. In order to ensure the operation of the framework referred to in paragraph 1, the Commission may conduct stress tests, simulations and in-action and after-action reviews with Member States, and propose the relevant Union-level bodies and the Member States to update the framework as necessary.

deleted

Or. en

Justification

Dealt with in Article 7 and 7a (new)

Amendment 60

Proposal for a regulation

Article 7 – paragraph 1

Text proposed by the Commission

Amendment

The Commission shall organise the training on crisis coordination, cooperation and information exchange referred to in Article 6 for the staff of the designated central liaison offices. It shall organise simulations involving the staff of the central liaison offices from all Member States based on potential scenarios of Single Market emergencies.

The Commission shall develop and regularly organise trainings on crisis coordination, cooperation and information exchange for the staff of the designated central liaison offices. It shall organise simulations involving the staff of the central liaison offices as well as for other relevant actors or bodies involved in the prevention of, preparedness for and response to internal market emergencies.

Or. en

Justification

Trainings on specific scenarios should involve all relevant actors that may be relevant to that specific crisis response to ensure that the framework is fit for crisis.

Amendment 61

Proposal for a regulation

Article 7 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

In particular, the Commission shall develop and manage a training programme derived from lessons learnt from previous crises, including aspects of the entire emergency management cycle, in order to provide a rapid response to crises. The programme shall include:

(a) monitoring, analysing and evaluating all the relevant actions to facilitate the free movement of goods, services and persons;

(b) promoting the implementation of best practices at national and Union level, and, where appropriate, best practices, developed by third countries and international organisations;

(c) developing guidance on knowledge dissemination and the implementation of different tasks at national and, where relevant, regional and local level;

(d) encouraging the introduction and use of relevant new technologies and digital tools for the purpose of responding to internal market emergencies.

Or. en

Justification

The trainings are essential to prepare the governance framework, but also all relevant actors who until now might not have been involved in crisis response for an emergency affecting the internal market.

Amendment 62

Proposal for a regulation

Article 7 – paragraph 1 b (new)

Text proposed by the Commission

Amendment

At the request of a Member State facing a disruption, the Commission may deploy an expert team on site to provide advice on preparedness and response measures. When carrying out this task, the Commission shall take particular account of the needs and interests of that Member State.

Or. en

Justification

While not all crises may constitute an internal market emergency, the lessons learnt from the crisis framework may also help member states facing disruptions.

Amendment 63

Proposal for a regulation

Article 7 a (new)

Text proposed by the Commission

Amendment

Article 7a

Stress tests

In order to ensure the free movement and the availability of goods and services of critical importance, as well as the resilience of supply chains, the Commission, taking into consideration the opinion of the advisory board, shall conduct stress tests, including simulations and peer reviews.

In particular, the Commission shall:

(a) develop scenarios and parameters that capture the specific risks associated with internal market emergencies that aim to identify vulnerabilities in critically important areas, as well as to assess the impact on the free movement of goods, services and persons;

(b) invite staff from the central liaison offices of all Member States to participate in simulations of potential internal market emergencies’;

(c) identify relevant economic operators and representative organisations, as well as other relevant actors or bodies involved in the prevention of, preparedness for and response to emergencies and invite them to participate on a voluntary basis;

(d) ensure the secure exchange of information during the stress tests;

(e) facilitate peer reviews and encourage the development of strategies for emergency preparedness;

(g) identify, in cooperation with all actors involved, risk mitigation measures after the completion of the stress tests.

2. The Commission shall conduct stress tests at least once every two years, covering comprehensive Union-wide stress tests or specific geographical areas or border regions.

3. The Commission shall communicate the results of the stress tests to the advisory board and publish a report, including, where necessary, a proposal to update the existing framework.

Or. en

Justification

Stress tests can help in identifying sector- or region specific vulnerabilities. Stress tests that include economic operators should be based on the principle of voluntary cooperation with the goal of increasing awareness also within companies for the crisis framework and developing operator's capacity to respond to crisis and to overcoming it.

Amendment 64

Proposal for a regulation

Article 8 – paragraph 1

Text proposed by the Commission

Amendment

1. The central liaison office of a Member State shall notify the Commission and the central liaison offices of other Member States without undue delay of any incidents that significantly disrupt or have the potential to significantly disrupt the functioning of the Single Market and its supply chains (significant incidents).

1. The central liaison office of a Member State shall notify the Commission and the central liaison offices of other Member States without undue delay of any incidents that significantly disrupt or have the potential to significantly disrupt the functioning of the internal market and its supply chains (significant incidents).

Or. en

Amendment 65

Proposal for a regulation

Article 8 – paragraph 3 – introductory part

Text proposed by the Commission

Amendment

3. In order to determine whether the disruption or potential disruption of the functioning of the Single Market and its supply chains of goods and services is significant and should be the object of an alert, the central liaison office of a Member State shall take the following into account:

3. In order to determine whether the disruption or potential disruption of the functioning of the internal market and its supply chains of goods and services is significant and should be the object of an alert, the central liaison office of a Member State shall take the following into account:

Or. en

Amendment 66

Proposal for a regulation

Article 8 a (new)

Text proposed by the Commission

Amendment

Article 8a

Strategic reserves

1. Member States shall make best efforts to build up strategic reserves of goods of critical importance. The Commission shall provide support to Member States in order to assist them in coordinating and streamlining their efforts.

In particular, the Commission shall ensure coordination and information exchange, and shall promote solidarity between national competent authorities in relation to shortages of crisis-relevant goods or services or building strategic reserves for goods of critical importance. Capacities which are part of the rescEU reserve in accordance with Article 12 of Decision No 1313/2013/EU shall be excluded from the application of this Article.

2. The exchange of information and best practices shall cover in particular:

(a) the probability and the potential impact of the shortages referred in paragraph 1;

(b) the level of existing stocks of the economic operators and strategic reserves across the Union, and any information regarding the ongoing activities of economic operators to increase their stocks;

(c) the costs for building and maintaining such strategic reserves;

(d) the options for alternative supply and potential for alternative supply;

(e) further information that could ensure the availability of such goods and services.

Or. en

Justification

Article 12.1 - 12.3 was moved here. Strategic reserves must become a more permanent consideration in increasing the Union’s resilience and be part of the contingency mode. But the pro-cyclical creation of reserves during the “Vigilance Mode” or “Emergency Mode” risks an exacerbation of the situation. The Commission should have a permanent role in ensuring coordination, information exchange and promoting solidarity between Member States in the administration of strategic reserves, but not be empowered to prescribe mandatory stockpiles.

Amendment 67

Proposal for a regulation

Article 9 – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

1. Where the Commission, taking into consideration the opinion provided by the advisory group, considers that the threat referred to in Article 3(2) is present, it shall activate the vigilance mode for a maximum duration of six months by means of an implementing act. Such an implementing act shall contain the following:

1. Where the Commission, taking into consideration the opinion provided by the advisory board, considers that the threat referred to in Article 3(2) is present, it shall activate the vigilance mode for a maximum duration of six months by means of an implementing act. Such an implementing act shall contain the following:

Or. en

Amendment 68

Proposal for a regulation

Article 11 – paragraph 3

Text proposed by the Commission

Amendment

3. Member States shall set up and maintain an inventory of the most relevant economic operators established on their respective national territory that operate along the supply chains of goods and services of strategic importance that have been identified in the implementing act activating the vigilance mode.

3. Member States shall set up and maintain an inventory of the most relevant economic operators established on their respective national territory that operate along the supply chains of goods and services of critical importance that have been identified in the implementing act activating the vigilance mode. The contents of the inventory shall be confidential at all times.

Or. en

Amendment 69

Proposal for a regulation

Article 12

Text proposed by the Commission

Amendment

[...]

deleted

Or. en

Justification

Moved to Art. 8a new. Strategic reserves must become a more permanent consideration in increasing the Union’s resilience and be part of the contingency mode. But the pro-cyclical creation of reserves during the “Vigilance Mode” or “Emergency Mode” risks an exacerbation of the situation. The Commission should have a permanent role in ensuring coordination, information exchange and promoting solidarity between Member States in the administration of strategic reserves, but not be empowered to prescribe mandatory stockpiles.

Amendment 70

Proposal for a regulation

Article 13 – paragraph 1 – point a

Text proposed by the Commission

Amendment

(a) the crisis has caused activation of any relevant Council crisis response mechanism, Union Civil Protection Mechanism or the mechanisms set up within the EU Health Security Framework, including [the proposal for] Regulation (EU) …/… on serious cross-border health threats and [the proposal for] Council Regulation (EU) …/… on a framework of measures for ensuring the supply of crisis-relevant medical countermeasures;

(a) the crisis has caused activation of a relevant crisis response mechanism, such as the Union Civil Protection Mechanism or the mechanisms set up within the EU Health Security Framework, including Regulation (EU) 2022/2372;

Or. en

Amendment 71

Proposal for a regulation

Article 13 – paragraph 1 – point b

Text proposed by the Commission

Amendment

(b) an estimation of the number of economic operations or users relying on the disrupted sector or sectors of the Single Market for the provision of the goods or services concerned;

(b) the impact on the free movement of goods, services and persons, including an estimation of the number of economic operations or users relying on the disrupted sector or sectors of the internal market for the provision of the goods or services concerned;

Or. en

Amendment 72

Proposal for a regulation

Article 13 – paragraph 1 – point c

Text proposed by the Commission

Amendment

(c) the importance of the goods or services concerned for other sectors;

(c) the critical importance of the goods or services concerned for other sectors;

Or. en

Amendment 73

Proposal for a regulation

Article 13 – paragraph 1 – point e

Text proposed by the Commission

Amendment

(e) the economic operators affected have not been able to provide a solution in a reasonable time to the particular aspects of the crisis on a voluntary basis.

(e) the economic operators affected by the disruption have not been able to provide a solution in a reasonable time to the particular aspects of the crisis on a voluntary basis;

Or. en

Amendment 74

Proposal for a regulation

Article 13 – paragraph 1 – point g

Text proposed by the Commission

Amendment

(g) the geographic area that is and could be affected, including any cross-border impacts on the functioning of supply chains that are indispensable in the maintenance of vital societal or economic activities in the Single Market;

(g) the geographic area, including border regions, that is and could be affected by the disruption, including any cross-border impacts on the functioning of supply chains that are indispensable in the maintenance of societal or economic activities in the internal market;

Or. en

Amendment 75

Proposal for a regulation

Article 13 – paragraph 1 – point i

Text proposed by the Commission

Amendment

(i) the absence of substitute goods, inputs or services.

(i) the absence or shortages of substitute goods, inputs or services;

Or. en

Amendment 76

Proposal for a regulation

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

Text proposed by the Commission

Amendment

(ia) the introduction of travel restrictions or border controls.

Or. en

Amendment 77

Proposal for a regulation

Article 14 – paragraph 1

Text proposed by the Commission

Amendment

1. The Single Market Emergency mode may be activated without the Single Market vigilance mode having previously been activated with regard to the same goods or services. Where the vigilance mode has previously been activated, the emergency mode may replace it partially or entirely.

1. The internal market emergency mode may be activated without the internal market vigilance mode having previously been activated with regard to the same goods or services. Where the vigilance mode has previously been activated, the emergency mode may replace it partially or entirely.

Or. en

Amendment 78

Proposal for a regulation

Article 14 – paragraph 2

Text proposed by the Commission

Amendment

2. Where the Commission, taking into consideration the opinion provided by the advisory group, considers there is a Single Market emergency, it shall propose to the Council to activate the Single Market emergency mode.

2. Where the Commission, taking into consideration the opinion provided by the advisory board, considers that there is an internal market emergency, it shall propose to the Council to activate the internal market emergency mode.

Or. en

Amendment 79

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 internal market emergency mode by means of a Council implementing act. The duration of the activation shall be specified in the implementing act, and shall be a maximum of six months.

Or. en

Amendment 80

Proposal for a regulation

Article 14 – paragraph 4

Text proposed by the Commission

Amendment

4. The activation of the Single Market emergency mode regarding certain goods and services does not prevent the activation or continued application of the vigilance mode and deployment of the measures laid down in Articles 11 and 12 regarding the same goods and services.

4. The activation of the internal market emergency mode regarding certain goods and services does not prevent the activation or continued application of the vigilance mode and deployment of the measures laid down in Articles 11 and 12 regarding the same goods and services.

Or. en

Amendment 81

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 internal 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.

Or. en

Amendment 82

Proposal for a regulation

Article 14 – paragraph 6

Text proposed by the Commission

Amendment

6. The Commission implementing act referred to in paragraph 5 shall be adopted in accordance with the examination procedure referred to in Article 42(2). On duly justified imperative grounds of urgency relating to the impacts of the crisis on the Single Market, the Commission shall adopt immediately applicable implementing acts in accordance with the procedure referred to in Article 42(3).

6. The Commission implementing act referred to in paragraph 5 shall be adopted in accordance with the examination procedure referred to in Article 42(2). On duly justified imperative grounds of urgency relating to the impacts of the crisis on the internal market, the Commission shall adopt immediately applicable implementing acts in accordance with the procedure referred to in Article 42(3).

Or. en

Amendment 83

Proposal for a regulation

Article 15 – paragraph 1

Text proposed by the Commission

Amendment

1. Where the Commission considers, taking into consideration the opinion provided by the advisory group, that an extension of the Single Market emergency mode is necessary, it shall propose to the Council to extend the Single Market emergency mode. Subject to urgent and exceptional changes in circumstances, the Commission shall endeavour to do so no later than 30 days before the expiry of the period for which the Single Market emergency mode has been activated. The Council may extend the Single Market emergency mode by no more than six months at a time by means of an implementing act.

1. Where the Commission considers, taking into consideration the opinion provided by the advisory board, that an extension of the internal market emergency mode is necessary, it shall propose to the Council to extend the internal market emergency mode. Subject to urgent and exceptional changes in circumstances, the Commission shall endeavour to do so no later than 30 days before the expiry of the period for which the internal market emergency mode has been activated. The Council may extend the internal market emergency mode by no more than six months at a time by means of an implementing act.

Or. en

Amendment 84

Proposal for a regulation

Article 15 – paragraph 2

Text proposed by the Commission

Amendment

2. Where the advisory group has concrete and reliable evidence that the Single Market emergency should be deactivated, it may formulate an opinion to that effect and transmit it to the Commission. Where the Commission, taking into consideration the opinion provided by the advisory group, considers a Single Market emergency no longer exists, it shall propose to the Council without delay the deactivation of the Single Market emergency mode.

2. Where the advisory board has concrete and reliable evidence that the internal market emergency should be deactivated, it may formulate an opinion to that effect and transmit it to the Commission. Where the Commission, taking into consideration the opinion provided by the advisory group, considers that an internal market emergency no longer exists, it shall propose to the Council without delay the deactivation of the internal market emergency mode.

Or. en

Amendment 85

Proposal for a regulation

Article 15 – paragraph 3

Text proposed by the Commission

Amendment

3. The measures taken in accordance with Articles 24 to 33 and pursuant to the emergency procedures introduced in the respective Union legal frameworks by means of the amendments to sectorial product legislation set out in Regulation of the European Parliament and of the Council amending Regulation (EU) 2016/424, Regulation (EU) 2016/425, Regulation (EU) 2016/426, Regulation (EU) 2019/1009 and Regulation (EU) No 305/2011 and introducing emergency procedures for the conformity assessment, adoption of common specifications and market surveillance in the context of a Single Market emergency and 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, and2014/68/EU and introducingas regard emergency procedures for the conformity assessment, adoption of common specifications and market surveillance in the context ofdue to a Single Market shall cease to apply upon deactivation of the duration of the Single Market emergency mode. The Commission shall submit to the Council an assessment on the effectiveness of the measures taken in addressing the Single Market emergency no later than three months after the expiry of the measures, on the basis of the information gathered via the monitoring mechanism foreseen by Article 11.

3. The measures taken in accordance with Articles 24 to 33 and pursuant to the emergency procedures introduced in the respective Union legal frameworks in the area of the sectorial product legislation set out in Regulation of the European Parliament and of the Council amending Regulations (EU) 2016/424, (EU) 2016/425, (EU) 2016/426, (EU) 2019/1009, (EU) 2023/XXX [General Product Safety Regulation], (EU) 2023/XXX [Machinery Regulation] and (EU) No 305/2011 as regards emergency procedures for the conformity assessment, adoption of common specifications and market surveillance due to a Single Market emergency and 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 regards emergency procedures for the conformity assessment, adoption of common specifications and market surveillance due to an internal Market emergency shall cease to apply upon deactivation of the internal market emergency mode. The Commission shall submit to the Council an assessment on the effectiveness of the measures taken in addressing the internal market emergency no later than three months after the expiry of the measures, on the basis of the information gathered via the monitoring mechanism foreseen by Article 11.

Or. en

Amendment 86

Proposal for a regulation

Chapter I – title

Text proposed by the Commission

Amendment

Measures for re-establishing and facilitating free movement

Measures facilitating free movement

Or. en

Amendment 87

Proposal for a regulation

Article 16 – title

Text proposed by the Commission

Amendment

General requirements for measures restricting free movement to address a Single Market emergency

General requirements for measures restricting free movement to address an internal market emergency and prohibitions

Or. en

Amendment 88

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.

1. Restrictions to the free movement of goods, services and persons imposed by Member States in response to an internal market emergency shall be prohibited, unless they are justified on grounds of legitimate public interest objectives, such as public policy, public security or public health, and are in compliance with the principle of proportionality.

Or. en

Amendment 89

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 immediately removed as soon as the emergency allows it or in the event that it is no longer justified or proportionate.

Or. en

Amendment 90

Proposal for a regulation

Article 16 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

2a. Any restriction should take into account the situation of border regions.

Or. en

Amendment 91

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 and economic operators shall not create an undue or unnecessary administrative burden. Member States shall take every available measure to limit and reduce any administrative burden.

Or. en

Amendment 92

Proposal for a regulation

Article 16 – paragraph 3 a (new)

Text proposed by the Commission

Amendment

3a. During the internal market emergency mode, Member States shall not adopt any of the following:

(a) intra-Union export bans or other measures having equivalent effect on crisis-relevant goods or services listed in the implementing act adopted pursuant to Article 14(5);

(b) restrictions on the intra-Union export of goods or provision or receipt of services, or measures having equivalent effect;

(c) discrimination between Member States or between citizens, including in their role as service providers or workers, based directly on nationality or, in the case of companies, the location of the registered office, central administration or principal place of business; or

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

(i) cause shortages of necessary workforce on the internal market and thus disrupt supply chains of crisis-relevant goods and services or create or increase shortages of such goods and services in the internal market; or

(ii) are directly discriminatory based on nationality or the place of residence of the person.

Or. en

Justification

Moved up and modified from Art. 17.1 to clearly state that export restrictions and discriminating between member states shall be prohibited.

Amendment 93

Proposal for a regulation

Article 16 – paragraph 3 b (new)

Text proposed by the Commission

Amendment

3b. During the internal market emergency mode, Member States shall not:

(a) apply more favourable rules to goods originating from a neighbouring Member State, any other Member State or a group of Member States, as compared to goods originating from other Member States;

(b) selectively refuse the entry of goods originating from specific other Member States to their territory; or

(c) introduce prohibitions on the operation of freight transport.

Or. en

Justification

Moved up from Art 17.2 with some clarifications to ensure that such practices are blacklisted in any internal market emergency mode.

Amendment 94

Proposal for a regulation

Article 16 – paragraph 3 c (new)

Text proposed by the Commission

Amendment

3c. During the internal market emergency mode, Member States shall not:

(a) ban types of services or modes of service provision; or

(b) block flows of passenger transport.

Or. en

Justification

Moved here from Art. 17.3 and adjusted for clarity

Amendment 95

Proposal for a regulation

Article 16 – paragraph 3 d (new)

Text proposed by the Commission

Amendment

3d. During the internal market emergency mode, Member States shall not:

(a) apply more favourable rules to travel to or from one Member State to another Member State or group of Member States, as compared to travel to and from other Member States or to or from cross border-regions;

(b) deny beneficiaries the right to free movement under Union law, the right to enter the territory of their Member State of nationality or residence, the right to exit the territory of a Member State to travel to their Member State of nationality or residence, or the right to transit through a Member State in order to reach the Member State of nationality or residence;

(c) prohibit business travels linked to the research and development or production of crisis-related goods that are listed in an implementing act adopted pursuant to Article 14(5), or the placing of such goods on the market or to the related inspections;

(d) impose restrictions on travel, including restrictions on travel for imperative family reasons, which are not appropriate for the achievement of any legitimate public interest purportedly pursued by such restrictions or which manifestly go beyond what is necessary to achieve that aim;

(e) impose restrictions on workers and service providers and their representatives, unless such restrictions do not manifestly go beyond what is necessary for that purpose.

Or. en

Justification

Moved up from Art. 17.4 with some clarifications in the first sentence

Amendment 96

Proposal for a regulation

Article 16 – paragraph 3 e (new)

Text proposed by the Commission

Amendment

3e. When the internal market emergency mode 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, despite the crisis, safe travel is possible, that Member State shall not impose travel restrictions on such categories of persons from other Member States in the event that doing so would prevent them from having access to their place of activity or workplace.

Or. en

Justification

moved up from Art. 17.5

Amendment 97

Proposal for a regulation

Article 16 – paragraph 3 f (new)

Text proposed by the Commission

Amendment

3f. When the internal market emergency mode 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, despite the crisis, safe travel is possible, that Member State shall not impose travel restrictions on the following categories of persons from other Member States in the event that doing so would prevent them from having access to their place of activity or workplace:

(a) 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, including health workers, that are involved in the production of crisis-relevant goods or the 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;

(b) civil protection workers to allow them to have unhindered access to their place of activity and their equipment in any of the Member States.

Or. en

Justification

Moved up from Art. 17.6

Amendment 98

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.

deleted

Or. en

Justification

Moved to the end of Article 19 (Notifications and Information).

Amendment 99

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.

deleted

Or. en

Justification

Moved to the end of Article 19 (Notifications and Information).

Amendment 100

Proposal for a regulation

Article 17

Text proposed by the Commission

Amendment

[...]

deleted

Or. en

Justification

Article 16 and 17 must provide legally unambiguous prohibitions and must be aligned with the provisions on free movement of goods, services and workers as enshrined in the Treaties and case law. Therefore, Article 16 and 17 have been combined, and ambiguous wording regarding "the inherent nature of the crisis" removed from introductory sentences in each paragraph of the former Article 17.

Amendment 101

Proposal for a regulation

Article 18 – paragraph 1

Text proposed by the Commission

Amendment

1. During the Single Market emergency mode, the Commission may provide for supportive measures to reinforce free movement of persons referred to in Article 17(6) and 17(7) by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 422(2). On duly justified imperative grounds of urgency relating to the impacts of the crisis on the Single Market, the Commission shall adopt immediately applicable implementing acts in accordance with the procedure referred to in Article 42(3).

1. During the internal market emergency mode, the Commission may provide for supportive measures to reinforce free movement of persons referred to in Article 16by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 42(2). On duly justified imperative grounds of urgency relating to the impacts of the crisis on the internal market, the Commission shall adopt immediately applicable implementing acts in accordance with the procedure referred to in Article 42(3).

Or. en

Amendment 102

Proposal for a regulation

Article 18 – paragraph 2

Text proposed by the Commission

Amendment

2. During the Single Market emergency mode, where the Commission establishes that Member States have put in place templates for attesting that the individual or economic operator is a service provider that provides crisis-relevant services, a business representative or worker that is involved in production of crisis-relevant goods or provision of crisis-relevant services or a civil protection worker and it considers that the use of different templates by each Member States is an obstacle to the free movement at the time of a Single Market emergency, the Commission may issue, if it considers it necessary for supporting the free movement of such categories of persons and their equipment during the ongoing Single Market emergency, templates for attesting that they fulfil the relevant criteria for the application Article 17(6) in all Member States by means of implementing acts.

2. During the internal market emergency mode, where the Commission establishes that Member States have put in place templates for attesting that the individual or economic operator is a service provider that provides crisis-relevant services, a business representative or worker that is involved in production of crisis-relevant goods or provision of crisis-relevant services or a civil protection worker and it considers that the use of different templates by each Member State is an obstacle to the free movement at the time of an internal market emergency, the Commission may issue templates for attesting that they fulfil the relevant criteria for the application Article 16 in all Member States by means of implementing acts.

Or. en

Justification

Provided for a more consistent approach to issuing templates: where divergence in national templates constitutes an obstacle to free movement, the commission shall act.

Amendment 103

Proposal for a regulation

Article 18 – paragraph 3

Text proposed by the Commission

Amendment

3. The implementing acts referred to in paragraphs 1 and 2 shall be adopted in accordance with the examination procedure referred to in Article 42(2). On duly justified imperative grounds of urgency relating to the impacts of the crisis on the Single Market, the Commission shall adopt immediately applicable implementing acts in accordance with the procedure referred to in Article 42(3).

3. The implementing acts referred to in paragraphs 1 and 2 shall be adopted in accordance with the examination procedure referred to in Article 42(2). On duly justified imperative grounds of urgency relating to the impacts of the crisis on the internal market, the Commission shall adopt immediately applicable implementing acts in accordance with the procedure referred to in Article 42(3).

Or. en

Amendment 104

Proposal for a regulation

Article 19 – title

Text proposed by the Commission

Amendment

Notifications

Notifications and information

Or. en

Amendment 105

Proposal for a regulation

Article 19 – paragraph 1 – subparagraph 1

Text proposed by the Commission

Amendment

During the Single Market emergency, Member States shall notify to the Commission any crisis-relevant draft measures restricting free movement of goods and the freedom to provide services as well as crisis-relevant restrictions of free movement of persons, including workers together with the reasons for those measures.

During the internal market emergency, Member States shall notify to the Commission draft measures linked to the crisis and restricting the free movement of goods and the freedom to provide services as well as restrictions of the free movement of persons, including workers together with the reasons for those measures.

Or. en

Amendment 106

Proposal for a regulation

Article 19 – paragraph 2

Text proposed by the Commission

Amendment

2. Member States shall provide to the Commission a statement of the reasons which make the enactment of such measure justified and proportionate, where those reasons have not already been made clear in the notified measure. Member States shall communicate to the Commission the full text of the national legislative or regulatory provisions which contain or are modified by the measure.

2. Member States shall provide to the Commission a statement demonstrating that the enactment of such measures is justified and proportionate. Member States shall communicate to the Commission the full text of the national legislative or regulatory provisions which contain or are modified by the measure.

Or. en

Amendment 107

Proposal for a regulation

Article 19 – paragraph 14

Text proposed by the Commission

Amendment

14. The Commission decisions referred to in paragraphs 11 and 12 shall be based on available information and may be issued when there are immediately obvious and serious grounds to believe that the notified measures do not comply with Union law, including Article 16 or 17 of this Regulation, the principle of proportionality or the principle of non-discrimination. The adoption of those decisions shall be without prejudice to the possibility for the Commission to adopt measures at a later stage, including the launching of an infringement procedure on the basis of Article 258 TFEU.

14. The Commission decisions referred to in paragraphs 11 and 12 shall be based on available information and may be issued when there are immediately obvious and serious grounds to believe that the notified measures do not comply with Union law, including Article 16 of this Regulation, the principle of proportionality or the principle of non-discrimination.

Or. en

(Moved to recital 21)

Amendment 108

Proposal for a regulation

Article 19 – paragraph 15

Text proposed by the Commission

Amendment

15. Information supplied under this Article shall not be confidential except at the express request of the notifying Member State. Any such request shall relate to draft measures and shall be justified.

15. Information provided by Member States under this Article shall be made public. Member States may request that information related to draft measures is kept confidential.

Or. en

Justification

More Transparency is needed in the development of crisis linked restrictions to enable proper public scrutiny and increase transparency for citizens, economic operators and at all levels of government.

Amendment 109

Proposal for a regulation

Article 19 – paragraph 16

Text proposed by the Commission

Amendment

16. The Commission shall publish the text of the measures adopted by the Member States in the context of the Single market emergency that restrict free movement of goods, services and the persons, including workers, which have been communicated by means of the notifications referred to in this Article as well as via other sources. The text of the measures shall be published within one working day of its receipt by means of an electronic platform managed by the Commission.

16. The Commission shall publish any information provided under this Article, except information that is deemed confidential in accordance with paragraph 15.

Or. en

Amendment 110

Proposal for a regulation

Article 19 – paragraph 16 a (new)

Text proposed by the Commission

Amendment

16a. The Commission shall publish the measures adopted by the Member States in the context of the internal market emergency that restrict free movement of goods, services and persons, including workers, which have been communicated. Those measures shall be published within one working day of their receipt via an electronic platform managed by the Commission.

Or. en

Amendment 111

Proposal for a regulation

Article 19 – paragraph 16 b (new)

Text proposed by the Commission

Amendment

16b. Member States shall inform citizens, consumers, businesses, workers and their representatives and any affected stakeholders, in a clear and unambiguous manner, about measures that affect the free movement of goods, services and persons, including workers and service providers, before their entry into force, in particular through their single point of contact. Member States shall ensure a continuous dialogue with stakeholders, including communication with social partners and international partners.

Or. en

Justification

moved here from Art. 16.4 and 16.5 and further substantiated.

Amendment 112

Proposal for a regulation

Article 21 – paragraph 2

Text proposed by the Commission

Amendment

2. Member States shall ensure that it is possible for citizens, consumers, economic operators and workers and their representatives to receive, at their request and via the respective single points of contact, information from the competent authorities on the way in which the respective national crisis response measures are generally interpreted and applied. Where appropriate, such information shall include a step-by-step guide. The information shall be provided in clear, understandable and intelligible language. It shall be easily accessible at a distance and by electronic means and shall be kept up to date.

2. Member States shall ensure that it is possible for citizens, consumers, economic operators and workers and their representatives to receive, at their request and via the respective single points of contact, information from the competent authorities on the way in which the respective national crisis response measures are generally interpreted and applied. Where appropriate, such information shall include a step-by-step guide. The information shall be provided in clear, understandable and intelligible language. It shall be easily accessible at a distance and by electronic means and shall be kept up to date. Member States shall make best efforts to provide the information in all official languages of the Union, paying particular attention to the situation and needs of the border regions.

Or. en

Justification

The lack of available information in all relevant languages caused great issues in the border regions, where the limitations on free movement were already particularly impactful.

Amendment 113

Proposal for a regulation

Article 22 – paragraph 2 – point a

Text proposed by the Commission

Amendment

(a) assistance in requesting and obtaining information as regards Union level crisis response measures that are relevant to the activated Single Market emergency or which affect the exercise of the free movement of goods, services, persons and workers;

(a) assistance in requesting and obtaining information as regards Union level crisis response measures that are relevant to the activated internal market emergency or which affect the exercise of the free movement of goods, services, persons and workers;

Or. en

Amendment 114

Proposal for a regulation

Article 22 – paragraph 2 – point b

Text proposed by the Commission

Amendment

(b) assistance in the performance of any crisis procedures and formalities that have been put in place at the Union level due to the activated Single Market emergency;

(b) assistance in the performance of any crisis procedures and formalities that have been put in place at the Union level due to the activated internal market emergency;

Or. en

Amendment 115

Proposal for a regulation

Article 22 – paragraph 2 – point c

Text proposed by the Commission

Amendment

(c) putting together a list with all national crisis measures and national contact points.

(c) establishing a list with all national crisis measures and national contact points.

Or. en

Amendment 116

Proposal for a regulation

Title III – title

Text proposed by the Commission

Amendment

Single Market emergency response measures

Internal market emergency response measures

Or. en

Amendment 117

Proposal for a regulation

Article 23 – paragraph 1

Text proposed by the Commission

Amendment

1. Binding measures included in this Chapter may be adopted by the Commission by means of implementing acts in accordance with Articles 24(2), first subparagraph of Article 26 and Article 27(2) may be adopted only after a Single Market Emergency has been activated by means of a Council implementing act in accordance with Article 14.

1. Binding measures included in this Chapter may be adopted by the Commission by means of implementing acts in accordance with Article 27(2) only when an internal market emergency has been activated by means of a Council implementing act in accordance with Article 14.

Or. en

Amendment 118

Proposal for a regulation

Article 23 – paragraph 2

Text proposed by the Commission

Amendment

2. An implementing act introducing a measure included in this Chapter shall clearly and specifically list the crisis-relevant goods and services to which such measure applies. That measure shall apply only for the duration of the emergency mode.

2. An implementing act introducing a measure included in this Chapter shall clearly and specifically list the crisis-relevant goods and services identified in the implementing act adopted in accordance with Article 15(5) to which such a measure applies. That measure shall apply only for the duration of the emergency mode.

Or. en

Amendment 119

Proposal for a regulation

Article 24 – paragraph 1

Text proposed by the Commission

Amendment

1. Where there is a severe crisis-related shortages or an immediate threat thereof, the Commission may invite representative organisations or economic operators in crisis-relevant supply chains to transmit on a voluntary basis, within a set time limit, specific information to the Commission on the production capacities and possible existing stocks of crisis-relevant goods and components thereof in Union production facilities and third country facilities which it operates, contracts or purchases supply from, as well as information on any relevant supply chain disruptions within a given deadline.

1. Where there is a severe crisis-related shortages or an immediate threat thereof, the Commission may invite economic operators in crisis-relevant supply chains to transmit on a voluntary basis, within a reasonable time limit, specific information to the Commission in accordance with paragraph 3.

Or. en

Justification

Information should only be provided on a voluntary basis. It is disproportionate to require companies to provide amounts of information similar to companies under investigation, for example in the area of competition. Moreover, the information that the Commission can demand from companies should be contained in a closed list to provide legal certainty, but above all, ensure comparability of results when multiple companies are asked to provide information.

Amendment 120

Proposal for a regulation

Article 24 – paragraph 2

Text proposed by the Commission

Amendment

2. If the addressees do not transmit the information requested in accordance with paragraph 1 within the time-limit and do not provide a valid justification for not doing so, the Commission may, by means of an implementing act, require that they transmit the information, indicating in the implementing act why it is proportionate and necessary to do so, specifying the crisis-relevant goods and services and addressees concerned by the information request, and the information that is sought, providing where necessary a template with the questions that may be addressed to the economic operators.

2. If the addressees do not transmit the information requested in accordance with paragraph 1 within the time-limit and do not provide a valid justification for not doing so, the Commission may, by means of a recommendation, request that they transmit the information, indicating why it is proportionate and necessary to do so, specifying the crisis-relevant goods and services and addressees concerned by the information request, and the information that is sought, providing where necessary a template with the questions that may be addressed to the economic operators.

Or. en

Amendment 121

Proposal for a regulation

Article 24 – paragraph 3 – introductory part

Text proposed by the Commission

Amendment

3. The information requests referred to in paragraph 1 may concern the following:

3. The information requests referred to in paragraph 1 may concern the following, while fully respecting trade and business secrets, and protecting intellectual property:

Or. en

Justification

The information that the Commission can demand from companies should be contained in a closed list. Moreover, economic operators should be the only addressees of such requests as they are better placed to answer them. Lastly, it cannot be expected that economic operators provide information relating to production facilities they do not own from which they purchase supplies because such information is held by the operator of such facilities.

Amendment 122

Proposal for a regulation

Article 24 – paragraph 3 – point a

Text proposed by the Commission

Amendment

(a) targeted information to the Commission in relation to the production capacities and possible existing stocks of the crisis-relevant goods and components thereof in production facilities located in the Union and production facilities located in a third country which the organisation or the operator referred to in paragraph 1 operates, contracts or purchases supply from, while fully respecting trade and business secrets and requiring them to transmit to the Commission a schedule of the expected production output for the following 3 months for production facility located in the Union as well as any relevant supply chain disruptions;

(a) targeted information to the Commission on the production capacities and possible existing stocks of the crisis-relevant goods and components thereof in production facilities located in the Union and production facilities located in a third country which the operator referred to in paragraph 1 operates or contracts;

Or. en

Amendment 123

Proposal for a regulation

Article 24 – paragraph 3 – point b

Text proposed by the Commission

Amendment

(b) other information necessary for assessing the nature or magnitude of a given supply chain disruption or shortage.

(b) a schedule of the expected production output of crisis-relevant goods for the 3 months following the information request for production facilities located in the Union or in a third country which the operator operates or contracts;

Or. en

Amendment 124

Proposal for a regulation

Article 24 – paragraph 4

Text proposed by the Commission

Amendment

4. Following the activation of the mandatory information requests to economic operators by means of an implementing act, the Commission shall address a formal decision to each of those representative organisations or economic operators in crisis-relevant supply chains that have been identified in the implementing act, requesting them to provide the information specified in the implementing act. The Commission shall rely, where possible, on the relevant and available contact lists of the economic operators active in the selected supply chains of crisis-relevant goods and services, compiled by the Member States. The Commission may obtain the necessary information on the relevant economic operators from the Member States.

4. The Commission shall rely, where possible, on the relevant and available contact lists of the economic operators active in the selected supply chains of crisis-relevant goods and services, compiled by the Member States. The Commission may obtain the necessary information on the relevant economic operators from the Member States.

Or. en

Amendment 125

Proposal for a regulation

Article 24 – paragraph 5

Text proposed by the Commission

Amendment

5. The Commission Decisions containing individual information requests shall contain a reference to the implementing act referred to in paragraph 2 on which they are based and to the situations of severe crisis-related shortages or an immediate threat thereof which has given rise to them. Any information request shall be duly justified and proportionate in terms of the volume, nature and granularity of the data, as well as the frequency of access to the data requested, and shall be necessary for the management of the emergency or for compiling relevant official statistics. A request shall set out a reasonable time limit within which the information is to be provided. It shall take into account the effort required to collect and make the data available by the economic operator or representative organisation. The formal decision shall also contain safeguards for protection of data in accordance with Article 39 of this Regulation, safeguards for non-disclosure of sensitive business information contained in the reply in accordance with Article 25, and information on the possibility of contesting it before the Court of Justice of the European Union in line with relevant Union law and the fines provided for in Article 28 for failure to comply and the timeline for a reply.

5. The Commission recommendation shall contain a reference to the situations of severe crisis-related shortages or an immediate threat thereof which has given rise to them. Any information request shall be duly justified and proportionate in terms of the volume, nature and granularity of the data, as well as the frequency of access to the data requested, and shall be necessary for the management of the emergency. A request shall set out a reasonable time limit within which the information is to be provided. The operator may demand a one-time extension to the time limit until two days prior to its expiration in the event that the gravity of the situation requires so. The Commission shall respond, within one working day, to any such request for an extension to the time limit. An information request shall take into account the effort required to collect and make the data available by the economic operator. The recommendation shall also contain safeguards for protection of data in accordance with Article 39 of this Regulation, safeguards for non-disclosure of sensitive business information contained, and safeguards for non-disclosure of trade secrets and intellectual property in the reply in accordance with Article 25.

Or. en

Justification

The selective nature of information requests would render them useless for the compilation of official statistics, and rules for the data collection relating to the computation of official statistics are already in place. Moreover, information requests should be voluntary and contain sufficient safeguards for the protection of trade and business secrets, as well as intellectual property.

Amendment 126

Proposal for a regulation

Article 24 – paragraph 7

Text proposed by the Commission

Amendment

7. The Court of Justice of the European Union shall have unlimited jurisdiction to review decisions whereby the Commission has imposed a mandatory information request to an economic operator.

deleted

Or. en

Amendment 127

Proposal for a regulation

Article 24 – paragraph 8

Text proposed by the Commission

Amendment

8. The implementing acts referred to in paragraph 2 shall be adopted in accordance with the committee procedure referred to in Article 42(2). On duly justified imperative grounds of urgency relating to the impacts of the crisis on the Single Market, the Commission shall adopt immediately applicable implementing acts in accordance with the procedure referred to in Article 42(3).

deleted

Or. en

Amendment 128

Proposal for a regulation

Article 25 – paragraph 2

Text proposed by the Commission

Amendment

2. Member States and the Commission shall ensure the protection of trade and business secrets and other sensitive and confidential information acquired and generated in application of this Regulation, including recommendations and measures to be taken, in accordance with Union and the respective national law.

2. Member States and the Commission shall ensure the protection of trade and business secrets, intellectual property and other sensitive and confidential information acquired and generated in application of this Regulation, including recommendations and measures to be taken, in accordance with Union and the respective national law.

Or. en

Amendment 129

Proposal for a regulation

Article 25 – paragraph 5 a (new)

Text proposed by the Commission

Amendment

5a. Any information obtained through information requests shall be deleted immediately upon the expiration of the internal market emergency mode, or as soon as all relevant reports pertaining to the internal market emergency mode have been submitted. The Commission and Member States shall send a confirmation of the deletion of that information to the economic operators affected immediately after its deletion.

Or. en

Justification

Companies voluntarily and actively contributing to resolving a crisis through the provision of information must have certainty that the use of the information is not only limited to the purposes it was demanded for, but also that the information is no longer stored than needed.

Amendment 130

Proposal for a regulation

Article 26 – paragraph 1

Text proposed by the Commission

Amendment

When the Single Market emergency mode has been activated by means of a Council implementing act adopted pursuant to Article 14, and there is a shortage of crisis relevant goods the Commission may activate by means of implementing acts the emergency procedures included in the Union legal frameworks amended by [Regulation of the European Parliament and of the Council amending Regulation (EU) 2016/424, Regulation (EU) 2016/425, Regulation (EU) 2016/426, Regulation (EU) 2019/1009 and Regulation (EU) No 305/2011 and introducing emergency procedures for the conformity assessment, adoption of common specifications and market surveillance in the context of a Single Market emergency and 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, and2014/68/EU and introducingas regard emergency procedures for the conformity assessment, adoption of common specifications and market surveillance in the context ofdue to a Single Market] as regards crisis-relevant goods, indicating which crisis-relevant goods and emergency procedures are subject to the activation, providing reasons for such activation and its proportionality, and indicating the duration of such activation.

deleted

Or. en

Amendment 131

Proposal for a regulation

Article 27 – paragraph 1

Text proposed by the Commission

Amendment

1. The Commission may invite one or more economic operators in crisis-relevant supply chains established in the Union to accept and prioritise certain orders for the production or supply of crisis-relevant goods (‘priority rated order’).

1. The Commission may invite one or more economic operators in crisis-relevant supply chains established in the Union to accept and prioritise certain orders for the production or supply of crisis-relevant goods (‘priority rated order’). The Commission shall specify all relevant information, including the quantity of the crisis-relevant goods and a fair price.

Or. en

Amendment 132

Proposal for a regulation

Article 27 – paragraph 2

Text proposed by the Commission

Amendment

2. If an economic operator does not accept and prioritise priority rated orders, the Commission may, at its own initiative or at the request of 14 Member States, assess the necessity and proportionality of resorting to priority rated orders in such cases, the Commission shall give the economic operator concerned as well as any parties demonstrably affected by the potential priority rated order, the opportunity to state their position within a reasonable time limit set by the Commission in light of the circumstances of the case. In exceptional circumstances, following such an assessment, the Commission may address an implementing act to the economic operator concerned, requiring it to either accept and prioritise the priority rated orders specified in the implementing act or explain why it is not possible or appropriate for that operator to do so. The Commission’s decision shall be based on objective data showing that such prioritisation is indispensable to ensure the maintenance of vital societal economic activities in the Single Market

2. If an economic operator does not accept and prioritise priority rated orders, the Commission may, following a positive opinion of the advisory board, at the request of 14 Member States, assess the necessity and proportionality of resorting to priority rated orders. In such cases, the Commission shall give the economic operator concerned as well as any parties demonstrably affected by the potential priority rated order, the opportunity to state their position within a reasonable time limit set by the Commission in light of the circumstances of the case. In exceptional circumstances, following such an assessment, the Commission may, following a positive opinion of the advisory group, address an implementing act to the economic operator concerned, requiring it to either accept and prioritise the priority rated orders specified in the implementing act or explain why it is not possible or appropriate for that operator to do so. The Commission’s decision shall be based on objective data showing that such prioritisation is indispensable to ensure the maintenance of vital societal economic activities in the internal market.

Or. en

Justification

Priority rated orders should be an instrument of very last resort. Therefore, the conditions for activation should be narrower.

Amendment 133

Proposal for a regulation

Article 27 – paragraph 4 – subparagraph 1

Text proposed by the Commission

Amendment

Where the economic operator to which the decision referred to in paragraph 2 is addressed declines to accept the requirement to accept and prioritise the orders specified in the decision, it shall provide to the Commission, within 10 days from the notification of the decision, a reasoned explanation setting out duly justified reasons why it is not possible or appropriate, in light of the objectives of this provision, for it to comply with the requirement. Such reasons include the inability of the operator to perform the priority rated order on account of insufficient production capacity or a serious risk that accepting the order would entail particular hardship or economic burden for the operator, or other considerations of comparable gravity.

Where the economic operator to which the decision referred to in paragraph 2 is addressed declines to accept the requirement to accept and prioritise the orders specified in the decision, it shall provide to the Commission, within 10 days from the notification of the decision, a reasoned explanation setting out duly justified reasons why it is not possible or appropriate for it to comply with the requirement. Such reasons include the inability of the operator to perform the priority rated order on account of insufficient production capacity or a serious risk that accepting the order would entail particular hardship or economic burden for the operator, particularly taking into account the prices and quantities specified by the Commission, or other considerations of comparable gravity.

Or. en

Justification

Operators should have a broader set of justifications available going beyond the objectives of the regulation for refusing a priority rated order because the objectives of this regulation might not sufficiently relate to the reasons for which the operator refuses a priority rated order.

Amendment 134

Proposal for a regulation

Article 27 – paragraph 4 – subparagraph 2

Text proposed by the Commission

Amendment

The Commission may make such reasoned explanation or parts of it public, with due regard to business confidentiality.

deleted

Or. en

Justification

There is no additional value in publishing the contents of such a reasoned explanation, and it might have a direct impact on the company value and its owners, employees or downstream trade links.

Amendment 135

Proposal for a regulation

Article 27 – paragraph 6

Text proposed by the Commission

Amendment

6. The Commission shall take the decision referred to in paragraph 2 in accordance with applicable Union law, including the principles of necessity and proportionality, and the Union’s obligations under international law. The decision shall in particular take into account the legitimate interests of the economic operator concerned and any available information concerning the cost and effort required for any change in production sequence. It shall state the legal basis for its adoption, fix the time limits within which the priority rated order is to be performed and, where applicable, specify the product and quantity. It shall state the fines provided for in Article 28 for failure to comply with the decision. The priority rated order shall be placed at a fair and reasonable price.

6. The Commission shall take the decision referred to in paragraph 2 in accordance with applicable Union law, including the principles of necessity and proportionality, and the Union’s obligations under international law. The decision shall in particular take into account the legitimate interests of the economic operator concerned and any available information concerning the cost and effort required for any change in production sequence. It shall state the legal basis for its adoption, fix the time limits within which the priority rated order is to be performed and specify the product, the price and quantity. It shall state the fines provided for in Article 28 for failure to comply with the decision. The priority rated order shall be placed at a fair and reasonable price, which shall include, where relevant, an appropriate compensation for all additional costs incurred by the economic operator.

Or. en

Justification

No economic hardship should arise from priority rated orders. Potential changes to production lines, capital investment and retraining must be compensated for. Moreover, the goods subject to priority orders are likely to be crisis relevant and therefore, subject to high demand and price increases. Any such price increases must be reflected in the prices that are quoted in relation to priority rated orders.

Amendment 136

Proposal for a regulation

Article 28 – title

Text proposed by the Commission

Amendment

Fines to operators for failure to comply with the obligation to reply to mandatory information requests or to comply with priority rated orders

Fines to operators for failure to comply with priority rated orders

Or. en

Justification

As the requests for information should remain voluntary for companies, only the fining regime for priority rated orders should be maintained.

Amendment 137

Proposal for a regulation

Article 28 – paragraph 1 – point a

Text proposed by the Commission

Amendment

(a) where a representative organisation of economic operators or an economic operator, intentionally or through gross negligence, supplies incorrect, incomplete or misleading information in response to a request made pursuant to Article 24, or does not supply the information within the prescribed time limit;

deleted

Or. en

Amendment 138

Proposal for a regulation

Article 28 – paragraph 2

Text proposed by the Commission

Amendment

2. Fines imposed in the cases referred to in paragraph 1 (a) and (b) shall not exceed 200 000 EUR.

2. Fines imposed in the cases referred to in paragraph 1 (b) shall not exceed 50 000 EUR.

Or. en

Justification

Fines should be proportional to the offense and reflect the economic burdens weighting on companies during a crisis.

Amendment 139

Proposal for a regulation

Article 28 – paragraph 3

Text proposed by the Commission

Amendment

3. Fines imposed in the cases referred to in paragraph 1 (c) shall not exceed 1 % of the average daily turnover in the preceding business year for each working day of non-compliance with the obligation pursuant to Article 27 (priority rated orders) calculated from the date established in the decision not exceeding 1% of total turnover in the preceding business year.

3. Fines imposed in the cases referred to in paragraph 1 (c) shall not exceed 1 % of the average daily turnover in the preceding business year for each working day of non-compliance with the obligation pursuant to Article 27 (priority rated orders) calculated from the date established in the decision not exceeding 1% of global turnover in the preceding business year.

Or. en

Amendment 140

Proposal for a regulation

Article 28 – paragraph 4

Text proposed by the Commission

Amendment

4. In fixing the amount of the fine, regard shall be had to the size and economic resources of the economic operator concerned, to the nature, gravity and duration of the infringement, taking due account of the principles of proportionality and appropriateness.

4. In fixing the amount of the fine, the Commission shall take into account the size and economic resources of the economic operator concerned, to the nature, gravity and duration of the infringement, taking due account of the principles of proportionality and appropriateness. The impact of the crisis on the economic operator and its business activities shall also be taken into account.

Or. en

Amendment 141

Proposal for a regulation

Article 29 – paragraph 1 – point a

Text proposed by the Commission

Amendment

(a) two years in the case of infringements of provisions concerning requests of information pursuant to Article 24;

deleted

Or. en

Justification

Compliance with requests for information shall remain voluntary, hence alignment with proposed changes to Art.28.

Amendment 142

Proposal for a regulation

Article 29 – paragraph 1 – point b

Text proposed by the Commission

Amendment

(b) three years in the case infringements of provisions concerning the obligation to prioritise the production of crisis-relevant goods pursuant to Article 26(2).

(b) three years in the case infringements of provisions concerning the obligation to prioritise the production of crisis-relevant goods pursuant to Article 27.

Or. en

Amendment 143

Proposal for a regulation

Article 31 – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

1. Before adopting a decision pursuant to Article 28, the Commission shall give the economic operator or representative organisations of economic operators concerned the opportunity of being heard on:

1. Before adopting a decision pursuant to Article 28, the Commission shall give the economic operator concerned the opportunity of being heard on:

Or. en

Justification

Priority rated orders should only be addressed to economic operators (alignment with Art. 27 and proposed changes to sanctions regime).

Amendment 144

Proposal for a regulation

Article 31 – paragraph 2

Text proposed by the Commission

Amendment

2. Undertakings and representative organisations of economic operators concerned may submit their observations to the Commission’s preliminary findings within a time limit which shall be fixed by the Commission in its preliminary findings and which may not be less than 21 days.

2. The economic operators concerned may submit their observations to the Commission’s preliminary findings within a time limit which shall be fixed by the Commission in its preliminary findings and which may not be less than 21 days.

Or. en

Amendment 145

Proposal for a regulation

Article 31 – paragraph 3

Text proposed by the Commission

Amendment

3. The Commission shall base its decisions only on objections on which economic operators and representative organisations of economic operators concerned have been able to comment.

3. The Commission shall base its decisions only on objections on which economic operators concerned have been able to comment.

Or. en

Amendment 146

Proposal for a regulation

Article 31 – paragraph 4

Text proposed by the Commission

Amendment

4. The rights of defence of the economic operator or representative organisations of economic operators concerned shall be fully respected in any proceedings. The economic operator or representative organisations of economic operators concerned shall be entitled to have access to the Commission's file under the terms of a negotiated disclosure, subject to the legitimate interest of economic operators in the protection of their business secrets. The right of access to the file shall not extend to confidential information and internal documents of the Commission or the authorities of the Member States. In particular, the right of access shall not extend to correspondence between the Commission and the authorities of the Member States. Nothing in this paragraph shall prevent the Commission from disclosing and using information necessary to prove an infringement.

4. The rights of defence of the economic operator concerned shall be fully respected in any proceedings. The economic operator concerned shall be entitled to have access to the Commission's file under the terms of a negotiated disclosure, subject to the legitimate interest of economic operators in the protection of their business secrets. The right of access to the file shall not extend to confidential information and internal documents of the Commission or the authorities of the Member States. In particular, the right of access shall not extend to correspondence between the Commission and the authorities of the Member States. Nothing in this paragraph shall prevent the Commission from disclosing and using information necessary to prove an infringement.

Or. en

Amendment 147

Proposal for a regulation

Article 32 – paragraph -1 (new)

Text proposed by the Commission

Amendment

-1. In the event of a shortage of crisis-relevant goods or services affecting one or more Member States, the Member States concerned may notify the Commission, indicating the quantities needed and any other relevant information. The Commission shall transmit the information to all competent authorities and streamline the coordination of Member States’ responses.

Or. en

Amendment 148

Proposal for a regulation

Article 32 – paragraph 1

Text proposed by the Commission

Amendment

Where the strategic reserves constituted by the Member States in accordance with Article 12 prove to be insufficient to meet the needs related to the Single Market emergency, the Commission, taking into consideration the opinion provided by the advisory group, may recommend to the Member States to distribute the strategic reserves in a targeted way, where possible, having regard to the need not to further aggravate disruptions on the Single Market, including in geographical areas particularly affected by such disruptions and in accordance with the principles of necessity, proportionality and solidarity and establishing the most efficient use of reserves with a view to ending the Single Market emergency.

Where the strategic reserves constituted by the Member States prove to be insufficient to meet the needs related to the internal market emergency, the Commission, taking into consideration the opinion provided by the advisory board, may recommend to the Member States to distribute the strategic reserves in a targeted way, where possible, having regard to the need not to further aggravate disruptions on the internal market, including in geographical areas particularly affected by such disruptions and in accordance with the principles of necessity, proportionality and solidarity and establishing the most efficient use of reserves with a view to ending the internal market emergency.

Or. en

Amendment 149

Proposal for a regulation

Article 33 – paragraph 1

Text proposed by the Commission

Amendment

1. The Commission may, when it considers that there is a risk of a shortage of crisis-relevant goods, recommend that Member States implement specific measures to ensure the efficient re-organisation of supply chains and production lines and to use existing stocks to increase the availability and supply of crisis-relevant goods and services, as quickly as possible.

1. The Commission may, when it considers that there is a risk of a shortage of crisis-relevant goods and services, recommend that Member States implement specific measures to ensure the efficient re-organisation of supply chains and production lines and to use existing stocks to increase the availability and supply of crisis-relevant goods and services, as quickly as possible.

Or. en

Amendment 150

Proposal for a regulation

Article 33 – paragraph 2 – point c a (new)

Text proposed by the Commission

Amendment

(ca) facilitating the free movement of crisis-relevant services.

Or. en

Justification

Service providers, for example maintenance workers of crisis relevant machinery, may also be in short supply, and the Commission could issue recommendations if it sees fit.

Amendment 151

Proposal for a regulation

Article 34 – paragraph 1

Text proposed by the Commission

Amendment

1. Two or more Member States may request that the Commission launch a procurement on behalf of the Member States that wish to be represented by the Commission (ʽparticipating Member Statesʼ), for the purchasing of goods and services of strategic importance listed in an implementing act adopted pursuant to Article 9(1) or crisis-relevant goods and services listed in an implementing act adopted pursuant to Article 14(5).

1. Two or more Member States may request that the Commission launch a procurement on behalf of the Member States that wish to be represented by the Commission (‘participating Member Statesʼ), for the purchasing of goods and services of critical importance listed in an implementing act adopted pursuant to Article 9(1) or crisis-relevant goods and services listed in an implementing act adopted pursuant to Article 14(5).

Or. en

Amendment 152

Proposal for a regulation

Article 35 – paragraph 1

Text proposed by the Commission

Amendment

1. The agreement [referred to in Article 34(3) shall establish a negotiating mandate for the Commission to act as a central purchasing body for relevant goods and services of strategic importance or crisis-relevant goods and services on behalf of the participating Member States through the conclusion of new contracts.

1. The agreement referred to in Article 34(3) shall establish a negotiating mandate for the Commission to act as a central purchasing body for relevant goods and services of critical importance or crisis-relevant goods and services on behalf of the participating Member States through the conclusion of new contracts.

Or. en

Amendment 153

Proposal for a regulation

Article 35 – paragraph 3

Text proposed by the Commission

Amendment

3. Representatives of the Commission or experts nominated by the Commission may carry out on-site visits at the locations of production facilities of relevant goods of strategic importance or crisis-relevant goods.

deleted

Or. en

Justification

The right of Commission representatives or experts to visit may be negotiated as part of the procurement agreement, but this provision is not necessary to ensure compliance with a procurement agreement itself.

Amendment 154

Proposal for a regulation

Article 37 – paragraph 1

Text proposed by the Commission

Amendment

Where it is necessary to carry out a joint procurement between the Commission and one or more contracting authorities from Member States in accordance with the rules set out in Article 165(2) of Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council, the Member States may acquire, rent or lease fully the capacities jointly procured.

The Commission and any of the Member States may engage, as contracting parties, in a joint procurement procedure conducted pursuant to Article 165(2) of Regulation (EU, Euratom) 2018/1046 with a view to the purchase of crisis-relevant goods or goods and services of critical importance within a reasonable time frame.

Or. en

Amendment 155

Proposal for a regulation

Article 37 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

By way of derogation from Article 165(2) of Regulation (EU, Euratom) 2018/1046, participation in the joint procurement procedure shall be open to all Member States, European Free Trade Association States and Union candidate countries as well as the Principality of Andorra, the Principality of Monaco, the Republic of San Marino and the Vatican City State.

Or. en

Amendment 156

Proposal for a regulation

Article 37 – paragraph 1 b (new)

Text proposed by the Commission

Amendment

The joint procurement procedure shall comply with the following conditions:

(a) it shall not affect the functioning of the internal market and shall not constitute discrimination or a restriction of trade, nor shall it cause distortion of competition;

(b) it shall not have any direct financial impact on the budget of the countries referred to in paragraph 2 that do not participate in the joint procurement.

Or. en

Amendment 157

Proposal for a regulation

Article 38 – paragraph 1

Text proposed by the Commission

Amendment

When the Single Market emergency mode has been activated pursuant to Article 14, Member States shall consult each other and the Commission and coordinate their actions with the Commission and the representatives of the other Member States in the advisory group prior to launching procurement of crisis-relevant goods and services listed in an implementing act adopted pursuant to Article 14(5) in accordance with Directive 2014/24/EU of the European Parliament and of the Council55 .

When the internal market emergency mode has been activated pursuant to Article 14, Member States shall consult each other and the Commission and coordinate their actions with the Commission and the representatives of the other Member States in the advisory group prior to launching procurement of crisis-relevant goods and services listed in an implementing act adopted pursuant to Article 14(5) in accordance with Directive 2014/24/EU of the European Parliament and of the Council55 .

__________________

__________________

55 Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC (OJ L 94, 28.3.2014, p. 65)..

55 Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC (OJ L 94, 28.3.2014, p. 65)..

Or. en

Amendment 158

Proposal for a regulation

Article 39 – paragraph 1

Text proposed by the Commission

Amendment

Where the Single Market emergency mode has been activated pursuant to Article 16 and procurement by the Commission on behalf of Member States has been launched in accordance with Articles 34 to 36, the contracting authorities of the participating Member States shall not procure goods or services covered by such procurement by other means.

Where the internal market emergency mode has been activated pursuant to Article 16 and procurement by the Commission on behalf of Member States has been launched in accordance with Articles 34 to 36, the contracting authorities of the participating Member States shall not procure goods or services covered by such procurement by other means.

Or. en

Amendment 159

Proposal for a regulation

Article 40

Text proposed by the Commission

Amendment

Article 40

deleted

Personal data protection

1. This Regulation shall be without prejudice to the obligations of Member States relating to their processing of personal data under Regulation (EU) No 2016/679 and Directive 2002/58/EC on privacy and electronic communications, or the obligations of the Commission and, where appropriate, other Union institutions and bodies, relating to their processing of personal data under Regulation (EU) No 2018/1725, when fulfilling their responsibilities.

2. Personal data shall not be processed or communicated except in cases where this is strictly necessary to the purposes of this Regulation. In such cases, the conditions of Regulation (EU) No 2016/679 and Regulation (EU) No 2018/1725 shall apply as appropriate.

3. Where processing of personal data is not strictly necessary to the fulfilment of the mechanisms established in this Regulation, personal data shall be rendered anonymous in such a manner that the data subject is not identifiable.

Or. en

Justification

moved to Art. 2.6.

Amendment 160

Proposal for a regulation

Part V a (new)

Text proposed by the Commission

Amendment

Part Va

Digital Tools

Or. en

Justification

During the Covid pandemic, divergent requirements and procedures for entering another Member State created great confusion and frustration for citizens, especially workers and service providers, in particular in border regions. Therefore, the Commission must immediately develop IT tools similar to the 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.

Amendment 161

Proposal for a regulation

Article 41 – title

Text proposed by the Commission

Amendment

Digital tools

General provisions on digital tools

Or. en

Amendment 162

Proposal for a regulation

Article 41 – paragraph 1

Text proposed by the Commission

Amendment

The Commission and the Member States may set up interoperable digital tools or IT infrastructures supporting the objectives of this Regulation. Such tools or infrastructures may be developed outside the duration of the Single Market Emergency.

By ... [6 months after the entry into force of the Regulation], the Commission and the Member States shall set up, maintain and regularly update interoperable digital tools or IT infrastructures supporting the objectives of this Regulation. Such tools or infrastructures shall include real time information on national restrictions referred to in Article 41a, emergency and resilience fast lanes referred to in Article 41b and the stakeholder platform referred to in Article 41c, and shall be developed outside the duration of the internal market emergency.

Or. en

Amendment 163

Proposal for a regulation

Article 41 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

Member States shall regularly exchange information with the Commission and among themselves on all matters, falling within the scope of this Regulation via a secure channel of communication.

Or. en

Amendment 164

Proposal for a regulation

Article 41 a (new)

Text proposed by the Commission

Amendment

Article 41a

Real time information on national restrictions

The Commission shall set up a dedicated website combining information from Member States on national restrictions, notified pursuant to Article 19, including information on their scope and duration. The dedicated website shall include an interactive map with relevant real-time information on national restrictions.

Or. en

Amendment 165

Proposal for a regulation

Article 41 b (new)

Text proposed by the Commission

Amendment

Article 41b

Fast lanes

The Commission shall establish fast lanes that aim to facilitate the free movement of goods, services and workers, especially as regards crisis-relevant goods and services. In particular, the Commission shall:

(a) provide templates or single digital declaration, registration or authorisation forms for cross-border activities, in particular for professional services in the area of healthcare, maintenance and repair, construction, food and agriculture to accelerate authorisation, registration or declaration procedures, including recognition of professional qualifications or posting of workers; those digital forms shall be free of charge, available in all official languages of the Union, and valid in all Member States;

(b) indicate fast lane border crossings to facilitate the free movement of goods, services and persons in the event of border restrictions.

Or. en

Amendment 166

Proposal for a regulation

Article 41 c (new)

Text proposed by the Commission

Amendment

Article 41c

Emergency and resilience stakeholder platform

The Commission shall establish a stakeholder platform in order to facilitate sector-specific dialogues and partnerships by bringing together key stakeholders, namely representatives of economic operators, researchers and civil society, that aim to encourage economic actors to draw up voluntary roadmaps in response to an internal market emergency. In particular, the platform should provide a functionality for interested parties to:

(a) indicate voluntary actions needed to successfully respond to an internal market emergency;

(b) provide scientific advice, opinions or reports and issue reports on crisis-related questions;

(c) contribute to the exchange of information and best practices.

Or. en

Amendment 167

Proposal for a regulation

Article 42 – paragraph 1

Text proposed by the Commission

Amendment

1. The Commission shall be assisted by a Single Market Emergency Instrument Committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.

1. The Commission shall be assisted by an Internal Market Emergency and Resilience Committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.

Or. en

Amendment 168

Proposal for a regulation

Article 42 – paragraph 3 a (new)

Text proposed by the Commission

Amendment

3a. Before the adoption of any implementing act pursuant to this Regulation, the Commission shall publish a draft thereof and invite all interested parties to submit their comments within a reasonable time limit.

Or. en

Justification

Implementing acts may have wide-ranging implications, in particular for determining the scope of the crisis response. Therefore, there must be ample time for stakeholders, in particular economic operators and social partners, to be heard.

Amendment 169

Proposal for a regulation

Article 43 – paragraph 2

Text proposed by the Commission

Amendment

2. The power to adopt delegated acts referred to in Article 6 shall be conferred on the Commission for a period of five years from date of entry into force of this Directive or any other date set by the co-legislators.

2. The power to adopt delegated acts referred to in Article 6 shall be conferred on the Commission for a period of five years from date of entry into force of this Regulation. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

Or. en

Amendment 170

Proposal for a regulation

Article 43 – paragraph 5 a (new)

Text proposed by the Commission

Amendment

5a. A delegated act adopted pursuant to Article 6 shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of three months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by three months at the initiative of the European Parliament or of the Council.

Or. en

Amendment 171

Proposal for a regulation

Article 44 – title

Text proposed by the Commission

Amendment

Report and review

Evaluation and review

Or. en

Amendment 172

Proposal for a regulation

Article 44 – paragraph 1

Text proposed by the Commission

Amendment

1. By [OP: please insert date = five years from the entry into force of this Regulation] and every five years thereafter, the Commission shall present a report to the European Parliament and the Council on the functioning of the contingency planning, vigilance and Single Market emergency response system suggesting any improvements if necessary, accompanied, where appropriate, by relevant legislative proposals.

1. By ... [OP: please insert date = five years from the entry into force of this Regulation] and every five years thereafter, the Commission shall present a report to the European Parliament and the Council on the functioning of the contingency planning, vigilance and internal market emergency response system suggesting any improvements if necessary. That report shall be accompanied, where appropriate, by relevant legislative proposals.

Or. en

Amendment 173

Proposal for a regulation

Article 44 – paragraph 2

Text proposed by the Commission

Amendment

2. This report shall include an evaluation of the work of the advisory group under the emergency framework established by this Regulation, and its relation to the work of other relevant Union level crisis management bodies.

2. This report shall include an evaluation of the work of the advisory board under the emergency framework established by this Regulation, and its relation to the work of other relevant Union level crisis management bodies.

Or. en

Amendment 174

Proposal for a regulation

Article 44 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

2a. For the purpose of paragraph 1, the advisory board and the Member States’ competent authorities shall provide the Commission with information upon its request.

Or. en

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 / report, until the adoption thereof in committee]:

Entity and/or person

Affordable Medicines Europe

APPLiA - Home Appliance Europe

BDA - Bundesvereinigung der Deutschen Arbeitgeberverbände e.V.

BDI - Bundesverband der Deutschen Industry e.V.

Business Europe

BWL - Bundesamt für wirtschaftliche Landesversorgung der Schweiz

Dutch Ministry of Economic Affairs

Eurochambres

Eurocommerce

France Industrie

Germany Ministry of Climate and Economics

Independent Retail Europe

Mission of the United Kingdom to the European Union

NESA - National Emergency Supply Agency of Finland

Orgalim

Prof. Dr. iur. Jan Bergmann

SME United