### (10) state advertising should be understood broadly as covering promotional or self-promotional activities undertaken by , for or on behalf of a wide range of public authorities or entities , including governments , regulatory authorities or bodies as well as state-owned enterprises or other state-controlled entities in different sectors , at national or regional level , or local governments of territorial entities of more than 1 million inhabitants. however , the definition of state advertising should not include emergency messages by public authorities which are necessary , for example , in cases of natural or sanitary disasters , accidents or other sudden incidents that can cause harm to individuals. ### (10) state advertising should be understood broadly as covering promotional or self-promotional activities undertaken by , for or on behalf of a wide range of public authorities or entities , including the commission and its agencies , governments , regulatory authorities or bodies as well as state-owned enterprises or other state-controlled entities in different sectors , at national or regional level , or local governments of territorial entities. however , the definition of state advertising should not include emergency messages by public authorities which are necessary , for example , in cases of natural or sanitary disasters , accidents or other unforeseen , major incidents that can cause harm to significant portions of the population. such emergency messages should not be exempted from transparency obligations.


### (23) the board should bring together senior representatives of the national regulatory authorities or bodies referred to in article 30 of directive 2010/13/eu , appointed by such authorities or bodies. in cases where member states have several relevant regulatory authorities or bodies , including at regional level , a joint representative should be chosen through appropriate procedures and the voting right should remain limited to one representative per member state. this should not affect the possibility for the other national regulatory authorities or bodies to participate , as appropriate , in the meetings of the board. the board should also have the possibility to invite to attend its meetings , in agreement with the commission , experts and observers , including in particular regulatory authorities or bodies from candidate countries , potential candidate countries , eea countries , or ad hoc delegates from other competent national authorities. due to the sensitivity of the media sector and following the practice of erga decisions in accordance with its rules of procedure , the board should adopt its decisions on the basis of a two-thirds majority of the votes. ### (23) the board should bring together senior representatives of the national regulatory authorities or bodies referred to in article 30 of directive 2010/13/eu , appointed by such authorities or bodies. in cases where member states have several relevant regulatory authorities or bodies , including at regional level , a joint representative should be chosen through appropriate procedures and the voting right should remain limited to one representative per member state. this should not affect the possibility for the other national regulatory authorities or bodies to participate , as appropriate , in the meetings of the board. the board should also have the possibility to invite to attend its meetings , experts and observers , including in particular regulatory authorities or bodies from candidate countries , potential candidate countries , eea countries , or ad hoc delegates from other competent national authorities. due to the sensitivity of the media sector and following the practice of erga decisions in accordance with its rules of procedure , the board should adopt its decisions on the basis of a two-thirds majority of the votes.


### (24) without prejudice to the powers granted to the commission by the treaties , it is essential that the commission and the board work and cooperate closely. in particular , the board should actively support the commission in its tasks of ensuring the consistent application of this regulation and of the national rules implementing directive 2010/13/eu. for that purpose , the board should in particular advise and assist the commission on regulatory , technical or practical aspects pertinent to the application of union law , promote cooperation and the effective exchange of information , experience and best practices and draw up opinions in agreement with the commission or upon its request in the cases envisaged by this regulation. in order to effectively fulfil its tasks , the board should be able to rely on the expertise and human resources of a secretariat provided by the commission. the commission secretariat should provide administrative and organisational support to the board , and help the board in carrying out its tasks. ### (24) without prejudice to the powers granted to the commission by the treaties , it is essential that the commission and the board work and cooperate closely. in particular , the board should actively support the commission in its tasks of ensuring the consistent application of this regulation and of the national rules implementing directive 2010/13/eu. for that purpose , the board should in particular advise and assist the commission on regulatory , technical or practical aspects pertinent to the application of union law , promote cooperation and the effective exchange of information , experience and best practices and draw up opinions on its own initiative or upon a request from the commission in the cases envisaged by this regulation. in order to effectively fulfil its tasks , the board should be able to rely on the expertise and human resources of a secretariat provided by the commission. the commission secretariat should provide administrative and organisational support to the board , and help the board in carrying out its tasks.


### (28) ensuring a consistent regulatory practice regarding this regulation and directive 2010/13/eu is essential. for this purpose , and to contribute to ensuring a convergent implementation of eu media law , the commission may issue guidelines on matters covered by both this regulation and directive 2010/13/eu when needed. when deciding to issue guidelines , the commission should consider in particular regulatory issues affecting a significant number of member states or those with a cross-border element. this is the case in particular for national measures taken under article 7a of directive 2010/13/eu on the appropriate prominence of audiovisual media services of general interest. in view of the abundance of information and the increasing use of digital means to access the media , it is important to ensure prominence for content of general interest , in order to help achieving a level playing field in the internal market and compliance with the fundamental right to receive information under article 11 of the charter of fundamental rights of the union. given the possible impact of the national measures taken under article 7a on the functioning of the internal media market , guidelines by the commission would be important to achieve legal certainty in this field. it would also be useful to provide guidance on national measures taken under article 5(2) of directive 2010/13/eu with a view to ensuring the public availability of accessible , accurate and up-to-date information related to media ownership. in the process of preparing its guidelines , the commission should be assisted by the board. the board should in particular share with the commission its regulatory , technical and practical expertise regarding the areas and topics covered by the respective guidelines. ### (28) ensuring a consistent regulatory practice regarding this regulation and directive 2010/13/eu is essential. for this purpose , and to contribute to ensuring a convergent implementation of eu media law , the commission may issue guidelines on matters covered by both this regulation and directive 2010/13/eu when needed. when deciding to issue guidelines , the commission should consider in particular regulatory issues affecting a significant number of member states or those with a cross-border element. this is the case in particular for national measures taken under article 7a of directive 2010/13/eu on the appropriate prominence of audiovisual media services of general interest. in view of the abundance of information and the increasing use of digital means to access the media , it is important to ensure prominence for content of general interest , in order to help achieving a level playing field in the internal market and compliance with the fundamental right to receive information under article 11 of the charter of fundamental rights of the union. given the possible impact of the national measures taken under article 7a on the functioning of the internal media market , guidelines by the commission would be important to achieve legal certainty in this field.


### (31) very large online platforms act for many users as a gateway for access to media services. media service providers who exercise editorial responsibility over their content play an important role in the distribution of information and in the exercise of freedom of information online. when exercising such editorial responsibility , they are expected to act diligently and provide information that is trustworthy and respectful of fundamental rights , in line with the regulatory or self-regulatory requirements they are subject to in the member states. therefore , also in view of users’ freedom of information , where providers of very large online platforms consider that content provided by such media service providers is incompatible with their terms and conditions , while it is not contributing to a systemic risk referred to in article 26 of regulation (eu) 2022/xxx [the digital services act] , they should duly consider freedom and pluralism of media , in accordance with regulation (eu) 2022/xxx [the digital services act] and provide , as early as possible , the necessary explanations to media service providers as their business users in the statement of reasons under regulation (eu) 2019/1150 of the european parliament and of the council54 . to minimise the impact of any restriction to that content on users’ freedom of information , very large online platforms should endeavour to submit the statement of reasons prior to the restriction taking effect without prejudice to their obligations under regulation (eu) 2022/xxx [the digital services act]. in particular , this regulation should not prevent a provider of a very large online platform to take expeditious measures either against illegal content disseminated through its service , or in order to mitigate systemic risks posed by dissemination of certain content through its service , in compliance with union law , in particular pursuant to regulation (eu) 2022/xxx [the digital services act]. ### (31) very large online platforms act for many users as a gateway for access to media services. media service providers who exercise editorial responsibility over their content play an important role in the distribution of information and in the exercise of freedom of information online. when exercising such editorial responsibility , they are expected to act diligently and provide information that is trustworthy and respectful of fundamental rights , in line with the regulatory requirements and self-regulatory commitments they are subject to in the member states. therefore , also in view of users’ freedom of information , where providers of very large online platforms consider that content uploaded by such media service providers is incompatible with their terms and conditions , while it is not contributing to a systemic risk referred to in article 26 of regulation (eu) 2022/xxx [the digital services act] , they should duly consider freedom and pluralism of media , in accordance with regulation (eu) 2022/xxx [the digital services act] and provide , as early as possible , the necessary explanations to media service providers as their business users in the statement of reasons under regulation (eu) 2019/1150 of the european parliament and of the council54 . to minimise the impact of any restriction to that content on users’ freedom of information , very large online platforms should endeavour to submit the statement of reasons without undue delay and without prejudice to their obligations under regulation (eu) 2022/xxx [the digital services act]. in particular , this regulation should not prevent a provider of a very large online platform to take expeditious measures either against illegal content disseminated through its service , or in order to mitigate systemic risks posed by dissemination of certain content through its service , in compliance with union law , in particular pursuant to regulation (eu) 2022/xxx [the digital services act].


### (32) it is furthermore justified , in view of an expected positive impact on freedom to provide services and freedom of expression , that where media service providers adhere to certain regulatory or self-regulatory standards , their complaints against decisions of providers of very large online platforms are treated with priority and without undue delay. ### (32) it is furthermore justified , in view of an expected positive impact on freedom to provide services and freedom of expression , that complaints against unjustified removals of content made by representative bodies of media service providers are treated with priority and without undue delay , in accordance with regulation (eu) 2022/2065 .


### (33) to this end , providers of very large online platforms should provide a functionality on their online interface to enable media service providers to declare that they meet certain requirements , while at the same time retaining the possibility not to accept such self-declaration where they consider that these conditions are not met. providers of very large online platforms may rely on information regarding adherence to these requirements , such as the machine-readable standard of the journalism trust initiative or other relevant codes of conduct. guidelines by the commission may be useful to facilitate an effective implementation of such functionality , including on modalities of involvement of relevant civil society organisations in the review of the declarations , on consultation of the regulator of the country of establishment , where relevant , and address any potential abuse of the functionality. ### (33) to this end , providers of very large online platforms should provide a functionality on their online interface to enable media service providers to declare that they meet certain requirements , while at the same time retaining the possibility not to accept such self-declaration where they consider that these conditions are not met. guidelines by the commission may be useful to facilitate an effective implementation of such functionality , including on modalities of involvement of relevant civil society organisations in the review of the declarations , on consultation of the regulator of the country of establishment , where relevant , and address any potential abuse of the functionality.


### (35) providers of very large online platforms should engage with media service providers that respect standards of credibility and transparency and that consider that restrictions on their content are frequently imposed by providers of very large online platforms without sufficient grounds , in order to find an amicable solution for terminating any unjustified restrictions and avoiding them in the future. providers of very large online platforms should engage in such exchanges in good faith , paying particular attention to safeguarding media freedom and freedom of information. ### (35) providers of very large online platforms should engage with media service providers that respect standards of credibility and transparency , where audits undertaken pursuant to regulation (eu) 2022/2065 demonstrate that a vlop’s content moderation practices is negatively impacting freedom and pluralism of the media , in order to find an amicable solution for terminating any unjustified restrictions and avoiding them in the future. providers of very large online platforms should engage in such exchanges in good faith , paying particular attention to safeguarding media freedom and freedom of information.


### (36) building on the useful role played by erga in monitoring compliance by the signatories of eu code of practice on disinformation , the board should , at least on a yearly basis , organise a structured dialogue between providers of very large online platforms , representatives of media service providers and representatives of civil society to foster access to diverse offers of independent media on very large online platforms , discuss experience and best practices related to the application of the relevant provisions of this regulation and to monitor adherence to self-regulatory initiatives aimed at protecting society from harmful content , including those aimed at countering disinformation. the commission may , where relevant , examine the reports on the results of such structured dialogues when assessing systemic and emerging issues across the union under regulation (eu) 2022/xxx [digital services act] and may ask the board to support it to this effect. ### (36) building on the useful role played by erga in monitoring compliance by the signatories of eu code of practice on disinformation , the board should , at least on a yearly basis , organise a structured dialogue between providers of very large online platforms , representatives of media service providers and representatives of civil society to foster access to diverse offers of independent media on very large online platforms , discuss experience and best practices related to the application of the relevant provisions of this regulation and to monitor compliance with self-regulatory initiatives aimed at protecting society from harmful content , including those aimed at countering disinformation. the commission may , where relevant , examine the reports on the results of such structured dialogues when assessing systemic and emerging issues across the union under regulation (eu) 2022/xxx [digital services act] and may ask the board to support it to this effect.


### (40) media play a decisive role in shaping public opinion and helping citizens participate in democratic processes. this is why member states should provide for rules and procedures in their legal systems to ensure assessment of media market concentrations that could have a significant impact on media pluralism or editorial independence. such rules and procedures can have an impact on the freedom to provide media services in the internal market and need to be properly framed and be transparent , objective , proportionate and non-discriminatory. media market concentrations subject to such rules should be understood as covering those which could result in a single entity controlling or having significant interests in media services which have substantial influence on the formation of public opinion in a given media market , within a media sub-sector or across different media sectors in one or more member states. an important criterion to be taken into account is the reduction of competing views within that market as a result of the concentration. ### (40) media play a decisive role in shaping public opinion and helping citizens participate in democratic processes. this is why member states should provide for rules and procedures in their legal systems to ensure assessment of concentrations , affecting the media market , including existing concentrations at the time of entry into force of this regulation , that could have a significant impact on media pluralism or editorial independence. such rules and procedures can have an impact on the freedom to provide media services in the internal market and need to be properly framed and be transparent , objective , proportionate and non-discriminatory. media market concentrations subject to such rules should be understood as covering those which could result in a single entity controlling or having significant interests in media services which have substantial influence on the formation of public opinion in a given media market , within a media sub-sector or across different media sectors in one or more member states. an important criterion to be taken into account is the reduction of competing views within that market as a result of the concentration.


### (41) national regulatory authorities or bodies , who have specific expertise in the area of media pluralism , should be involved in the assessment of the impact of media market concentrations on media pluralism and editorial independence where they are not the designated authorities or bodies themselves. in order to foster legal certainty and ensure that the rules and procedures are genuinely geared at protecting media pluralism and editorial independence , it is essential that objective , non-discriminatory and proportionate criteria for notifying and assessing the impact of media market concentrations on media pluralism and editorial independence are set out in advance. ### (41) national regulatory authorities or bodies , who have specific expertise in the area of media pluralism , should be involved in the assessment of the impact on media pluralism and editorial independence of concentrations affecting the media market , including existing concentrations at the time of entry into force of this regulation , where they are not the designated authorities or bodies themselves. in order to foster legal certainty and ensure that the rules and procedures are genuinely geared at protecting media pluralism and editorial independence , it is essential that objective , non-discriminatory and proportionate criteria for notifying and assessing the impact of media market concentrations on media pluralism and editorial independence are set out in advance.


### (13) ‘media market concentration’ means a concentration as defined in article 3 of regulation (ec) no 139/2004 involving at least one media service provider; ### (13) ‘media market concentration’ means a concentration as defined in article 3 of regulation (ec) no 139/2004 involving at least one media service provider and/or a concentration with an impact on pluralism in a national or in the eu market;


### (15) ‘state advertising’ means the placement , publication or dissemination , in any media service , of a promotional or self-promotional message , normally in return for payment or for any other consideration , by , for or on behalf of any national or regional public authority , such as national , federal or regional governments , regulatory authorities or bodies as well as state-owned enterprises or other state-controlled entities at the national or regional level , or any local government of a territorial entity of more than 1 million inhabitants; ### (15) ‘state advertising’ means the placement , publication or dissemination , in any media service , of a promotional or self-promotional message , normally in return for payment or for any other consideration , by , for or on behalf of any public authority at union , national or regional level , such as the commission and its agencies , national , federal or regional governments , regulatory authorities or bodies as well as state-owned enterprises or other state-controlled entities at the national or regional level;


### (16) ‘spyware’ means any product with digital elements specially designed to exploit vulnerabilities in other products with digital elements that enables the covert surveillance of natural or legal persons by monitoring , extracting , collecting or analysing data from such products or from the natural or legal persons using such products , in particular by secretly recording calls or otherwise using the microphone of an end-user device , filming natural persons , machines or their surroundings , copying messages , photographing , tracking browsing activity , tracking geolocation , collecting other sensor data or tracking activities across multiple end-user devices , without the natural or legal person concerned being made aware in a specific manner and having given their express specific consent in that regard; ### deleted


### 1. public service media providers shall provide in an impartial manner a plurality of information and opinions to their audiences , in accordance with their public service mission. ### 1. public service media providers shall provide in an independent manner a plurality of information and opinions to their audiences , in accordance with their public service remit.


### duties of media service providers providing news and current affairs content ### media ownership transparency


### 1. media service providers providing news and current affairs content shall make easily and directly accessible to the recipients of their services the following information: ### 1. media service providers shall make , in line with accessibility requirements , easily and publically available the following up-to-date information:


### the name(s) of their beneficial owners within the meaning of article 3 , point 6 of directive (eu) 2015/849 of the european parliament and of the council. ### the name(s) and contact details of their beneficial owners within the meaning of article 3 , point 6 of directive (eu) 2015/849 of the european parliament and of the council.


### ensure disclosure of any actual or potential conflict of interest by any party having a stake in media service providers that may affect the provision of news and current affairs content. ### ensure disclosure of any actual or potential conflict of interest by any party having a stake in media service providers.


### 3. the obligations under this article shall not apply to media service providers that are micro enterprises within the meaning of article 3 of directive 2013/34/eu. ### 3. the obligations under paragraph 1 point d , e , f shall not apply to media service providers that are micro enterprises within the meaning of article 3 of directive 2013/34/eu.


### 5. the commission shall designate a representative to the board. the representative of the commission shall participate in all activities and meetings of the board , without voting rights. the chair of the board shall keep the commission informed about the ongoing and planned activities of the board. the board shall consult the commission in preparation of its work programme and main deliverables. ### 5. the commission shall designate a representative to the board. the representative of the commission shall participate in all activities and meetings of the board , without voting rights. the chair of the board shall keep the commission informed about the ongoing and planned activities of the board , in particular in preparation of its work programme and main deliverables.


### 6. the board , in agreement with the commission , may invite experts and observers to attend its meetings. ### 6. the board may invite experts and observers to attend its meetings.


### 8. the board shall adopt its rules of procedure by a two-thirds majority of its members with voting rights , in agreement with the commission. ### 8. the board shall adopt its rules of procedure by a two-thirds majority of its members with voting rights.


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


### (1) past crises , especially the early days of the covid-19 pandemic , have shown that the internal market (also referred to as the single market and its supply chains can be severely affected by such crises , and appropriate crisis management tools and coordination mechanisms are either lacking , do not cover all aspects of the single market or do not allow for a timely response to such impacts. ### (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 , businesses , workers and consumers can be severely affected by such crises , and appropriate crisis management tools and coordination mechanisms are either lacking , do not cover all aspects of the single market , or do not allow for a timely response to such impacts. in many cases distorted as well as crisis-relevant sectors depended on cross-border and mobile workers. these workers played an essential role at the frontline of the crisis , but were often left behind without adequate protection when exercising their freedom of movement.


### (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 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 well as stakeholders and social partners 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 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 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 well as stakeholders and social partners as regards contingency planning , technical level coordination and cooperation and information exchange. social partner organisations play a key role in the elaboration and implementation of emergency measures , including when it comes to dissemination of relevant information to workers and economic operators on the ground.


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


### the market position of affected economic operators in the concerned sector or sectors; ### deleted


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


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


### (5) these recent events have also highlighted the need for the union to be better prepared for possible future crises , especially as we consider the continuing effects of climate change and resulting natural disasters as well as global economic and geopolitical instabilities. given the fact that it is not known which kind of crises could come up next and produce severe impacts on the single market and its supply chains in the future , it is necessary to provide for an instrument that would apply with regards to impacts on the single market of a wide range of crises. ### (5) these recent events have also highlighted the need for the union to be better prepared for possible future crises , especially as we consider the aggravating effects of climate change and resulting natural disasters as well as global economic and geopolitical instabilities. given the fact that it is not known which kind of crises could come up next and produce severe impacts on the single market and its supply chains in the future , it is necessary to provide for an instrument that would apply with regards to impacts on the single market of a wide range of crises.


### (7) since any specific aspects of future crises that would impact the single market and its supply chains are hard to predict , this regulation should provide for a general framework for anticipating , preparing for , mitigating and minimising the negative impacts which any crisis may cause on the single market and its supply chains. . ### (7) since any specific aspects of future crises that would impact the single market and its supply chains are hard to predict , this regulation should provide for a general framework for anticipating , preventing , preparing for , mitigating and minimising the negative impacts which any crisis may cause on the single market and its supply chains by fostering its resilience. in order to do so , this regulation should support the eu green deal’s objectives and the green deal industrial plan , including the transition to a full circular economy by 2050 based on short and diverse supply chains , less dependence on raw materials’ imports as well as high environmental , social and consumer protection standards. this regulation should complement the directive on corporate sustainability due diligence , as well as the proposals on a critical raw materials act and the net zero industry act while also fully respecting and safeguarding fundamental human rights.


### — 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; ### — 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 while making sure that freedom of movement can be preserved under safe conditions especially for workers involved in the production and provision of those goods and services;


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


### (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) where possible , this regulation should allow for anticipation and prevention 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.


### (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. member states shall refrain from introducing restrictions on the free movement of union citizens and their family members and of third-country nationals legally staying or residing in the territories of the member states as well as refugees and beneficiaries of international protection on grounds of public policy , public security and public health that are directly 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.


### (19) article 45 tfeu lays down the right to free movement of workers , subject to the limitations and conditions laid down in the treaties and the measures adopted to give them effect. this regulation contains provisions which complement the existing measures in order to reinforce free movement of persons , increase transparency and provide administrative assistance during single market emergencies. such measures include setting up and making available of the single points of contact to workers and their representatives in the member states and at union level during the single market vigilance and emergency modes under this regulation. ### (19) article 45 tfeu lays down the right to free movement of workers , subject to the limitations and conditions laid down in the treaties and the measures adopted to give them effect. this regulation contains provisions which complement the existing measures in order to reinforce preserve free movement of persons , increase transparency and provide administrative assistance during single market emergencies while ensuring the safety of workers exercising their freedom of movement especially also in times of crisis. such measures include setting up and making available of the single points of contact to workers and their representatives in the member states and at union level during the single market vigilance and emergency modes under this regulation.


### (20) if member states adopt measures affecting free movement of goods or persons , goods or the freedom to provide services in preparation for and during single market emergencies , they should limit such measures to what is necessary and remove them as soon as the situation allows it. such measures should respect the principles of proportionality and non-discrimination and should take into consideration the particular situation of border regions. ### (20) member states should refrain from adopting measures affecting the free movement of goods or persons or the freedom to provide services unless justified on grounds of legitimate public policy , security and health , are proportionate and non-discriminatory. especially in single market emergencies , citizens , workers , consumers and businesses depend on a well-functioning single market and on preserving the safe freedom of movement. therefore , such measures restricting the free movement of goods and services have to be limited to what is absolutely necessary and have to be removed as soon as the situation allows it with special regard to the particular situation of border regions , to the provision of services that are essential to the functioning of the affected sector and to sectors that are notably dependent on mobile workers especially in services of general interest. workers who due to the nature of their tasks and responsibilities are objectively unable to cross-border telework should not be subject to undue restrictions to their freedom of movement as long as their safety and protection can be guaranteed.


### (21) the activation of the single market emergency mode should trigger an obligation for the member states to notify crisis-relevant free movement restrictions. ### (21) the activation of the single market emergency mode should trigger an obligation for the member states shall notify any free movement restrictions without delay giving a justified assessment of its proportionality and necessity.


### (22) when examining the compatibility of any notified draft or adopted measures with the principle of proportionality , the commission should pay due regard to the evolving crisis situation and often limited information that is at the disposal of the member states when they seek to reduce the emerging risks in the context of the crisis. where justified and necessary in the circumstances , the commission may consider based on any available information , including specialised or scientific information , the merits of member state arguments relying on the precautionary principle as a reason for adoption of free movement of persons restrictions. it is the task of the commission to ensure that such measures comply with union law and do not create unjustified obstacles to the functioning of the single market. the commission should react to the notifications of member states as quickly as possible , taking into account the circumstances of the particular crisis , and at the latest within the time-limits set out by this regulation. ### (22) when examining the compatibility of any notified draft or adopted measures with the principle of necessity and proportionality , the commission should consult with stakeholders such as social partners in order to assess the impact on the labour market. the commission should assess the merits of member state arguments including those relying on the precautionary principle enshrined in article 191 tfeu as a reason for adoption of free movement of persons restrictions. it is the task of the commission to ensure that such measures comply with union law and do not create unjustified obstacles to the functioning of the single market and to the right to free movement. the commission should react to the notifications of member states as quickly as possible , taking into account the circumstances of the particular crisis , and at the latest within the time-limits set out by this regulation.


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


### (30) where there is a severe shortage of crisis-relevant products or services on the single market during a single market emergency , and it is clear that the economic operators that operate on the single market do not produce any such goods , but would in principle be able to repurpose their production lines or would have insufficient capacity to provide the goods or services needed , the commission should be able to recommend to the member states as a last resort to take measures to facilitate or request the ramping up or repurposing of production capacity of manufacturers or the capacity of the service providers to provide crisis-relevant services. in doing so the commission would inform the member states as to the severity of the shortage and the type of the crisis-relevant goods or services that are needed and would provide support and advice in relation to the flexibilities in the eu acquis for such purposes. ### (30) where there is a severe shortage of crisis-relevant products or services on the single market during a single market emergency , and it is clear that the economic operators that operate on the single market do not produce any such goods , but would in principle be able to repurpose their production lines or would have insufficient capacity to provide the goods or services needed , the commission should be able to recommend to the member states as a last resort to take measures to facilitate or request the ramping up or repurposing of production capacity of manufacturers or the capacity of the service providers to provide crisis-relevant services. in doing so the commission would inform the member states , the advisory group and the european parliament as to the severity of the shortage and the type of the crisis-relevant goods or services that are needed and would provide support and advice in relation to the flexibilities in the eu acquis for such purposes.


### (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’) and the right to liberty and security of person (article 6). 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 choose an occupation and right to engage in work as protected by article 15 of the charter the freedom to conduct business and the freedom of contract , which are protected by article 16 of the charter , the right to property , protected by article 17 of the charter , right to collective bargaining and action protected by article 26 of the charter as well as the right to strike 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.


### (38) the union framework shall include interregional elements to establish coherent , multi-sectoral , cross-border single market vigilance and emergency response measures , in particular considering the resources , capacities and vulnerabilities across neighbouring regions , specifically border regions. ### (38) the union framework shall include interregional elements to establish coherent , multi-sectoral , cross-border single market vigilance and emergency response measures , in particular considering the resources , capacities and vulnerabilities across neighbouring regions , specifically border regions and cross-border workers in their local labour markets.


### 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. this regulation establishes a framework of measures to anticipate , prevent , 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 , the functioning of the labour market , mobile and cross-border workers’ safety when exercising free movement , a high level of environmental , social and consumer protection and of ensuring the availability of goods and services of strategic importance and crisis-relevant goods and services in the single market.


### contingency measures aiming at anticipation and planning; ### contingency measures aiming at anticipation , preparing , preventing and planning;


### 3. member states shall regularly exchange information on all matters falling within the scope of this regulation among themselves and with the commission. ### 3. member states shall regularly exchange information on all matters falling within the scope of this regulation among themselves , with the advisory group , the european parliament and with the commission.


### 7. any actions under this regulation shall be consistent with union’s obligations under international law ### 7. any actions under this regulation shall be consistent with union’s obligations under international law , including human rights obligations of the union and its member states as they result from international human rights instruments.


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


### (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 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 in a timely manner;


### 3. the commission shall chair the advisory group and ensure its secretariat. the commission may invite a representative of the european parliament , representatives of efta states that are contracting parties to the agreement on the european economic area49 , representatives of economic operators , stakeholder organisations , social partners and experts , to attend meetings of the advisory group as observers. it shall invite the representatives of other crisis-relevant bodies at union level as observers to the relevant meetings of the advisory group. ### 3. the commission shall chair the advisory group and ensure its secretariat. the commission shall ensure the presence of a representative of the european parliament , representatives of efta states that are contracting parties to the agreement on the european economic area , 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.


### 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 and strengthening the single market’s resilience under articles 6 to 8 , the advisory group shall assist and advise the commission as regards the following tasks:


### assessingment of significant incidents that the member states have alerted the commission to. ### assessing significant incidents that the member states have alerted the commission to with regards to their impact on the free movement of goods , persons and services and on the labour market.


### consulting the representatives of economic operators , including smes , and industry to collect market intelligence; ### consulting the representatives of economic operators , including smes , and industry to collect market intelligence and understand the impact on the labour market;


### 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. 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. the commission shall annually report to the european parliament on the work of the advisory board.


### a coordinated approach to risk and crisis communication also vis-à-vis the public with a coordinating role for the commission; ### a coordinated approach to risk and crisis communication also vis-à-vis the public and stakeholders with a coordinating role for the commission;


### 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; ### consultation of the representatives of economic operators and social partners , including smes , on their actions to respond to possible supply chain disruptions and resolve potential shortages of goods and services in the single market , including their impact on the labour markets and measures put in place to protect the safety and rights of workers in the identified strategic areas;


### the number of economic operators affected by the disruption or potential disruption; ### the number of economic operators affected by the disruption or potential disruption , including possible disruptions of the labour market;


### 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 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 a delegated act which shall be immediately applicable in accordance with the procedure referred to in article 43a. such a delegated act shall contain the following:


### 2. the implementing act referred to in paragraph 1 shall be adopted in accordance with the examination procedure referred to in article 41(2). ### 2. the delegated act referred to in paragraph 1 shall be adopted in accordance with the urgency procedure referred to in article 43a.


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


### 4. on the basis of the inventory set up pursuant to article 6 , national competent authorities shall address requests for voluntary provision of information to the most relevant operators along the supply chains of goods and services identified in the implementing act adopted pursuant to article 9 and other relevant stakeholders established in their respective national territory. such requests shall in particular states which information about factors impacting the availability of the identified goods and services of strategic importance is requested. each economic operator/stakeholder that voluntarily provides information shall do so on an individual basis in line with the union rules on competition governing the exchange of information. the national competent authorities shall transmit the relevant findings to the commission and the advisory group without undue delay via the respective central liaison office. ### 4. on the basis of the inventory set up pursuant to article 6 , national competent authorities shall address requests for voluntary provision of information to the most relevant operators along the supply chains of goods and services identified in the implementing act adopted pursuant to article 9 and other relevant stakeholders established in their respective national territory. such requests shall in particular state which information about factors impacting the availability of the identified goods and services of strategic importance and about the impact on the labour market are requested. each economic operator/stakeholder that voluntarily provides information shall do so on an individual basis in line with the union rules on competition governing the exchange of information. the national competent authorities shall transmit the relevant findings to the commission and the advisory group without undue delay via the respective central liaison office.


### 6. the commission may ask the advisory group to discuss the findings and prospects of evolution based on the monitoring of supply chains of goods and services of strategic importance. ### 6. the commission shall consult with the advisory group on the findings and prospects of evolution based on the monitoring of supply chains of goods and services of strategic importance.


### 7. on the basis of the information collected through the activities carried out in accordance with paragraph 1 , the commission may provide a report of the aggregated findings. ### 7. on the basis of the information collected through the activities carried out in accordance with paragraph 1 , the commission shall provide a report of the aggregated findings.


### the commission may , among the goods of strategic importance listed in an implementing act adopted pursuant to article 9(1) , , identify those for which it may be necessary to build a reserve in order to prepare for a single market emergency , taking into account the probability and impact of shortages. the commission shall inform the member states thereof. ### the commission may , among the goods of strategic importance listed in an implementing act adopted pursuant to article 9(1) , , identify those for which it may be necessary to build a reserve in order to prepare for a single market emergency , taking into account the probability and impact of shortages. the commission shall inform the member states , the european parliament and the advisory board thereof.


### the commission may , among the goods of strategic importance listed in an implementing act adopted pursuant to article 9(1) , , identify those for which it may be necessary to build a reserve in order to prepare for a single market emergency , taking into account the probability and impact of shortages. the commission shall inform the member states thereof. ### the commission may , among the goods of strategic importance listed in a delegated act adopted pursuant to article 9(1) , identify those for which it may be necessary to build a reserve in order to prepare for a single market emergency , taking into account the probability and impact of shortages on vital societal and vital economic activities. the commission shall inform the member states , the european parliament and advisory board thereof.


### the impacts in terms of degree and duration on economic and societal activities , the environment and public safety; ### the impacts in terms of degree and duration on economic and societal activities , the climate , the environment , the labour market and public safety;


### 5. as soon as the single market emergency mode is activated , the commission shall , without delay , adopt a list of crisis-relevant goods and services by means of an implementing act. the list may be amended by means of implementing acts. ### 5. as soon as the single market emergency mode is activated , the commission shall , in consultation with the advisory group including relevant stakeholders , without delay , adopt a list of crisis-relevant goods and services and sectors that are notably depending on mobile workers by means of an implementing act. the list may be amended by means of implementing acts.


### 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. 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 fundamental rights and the requirements laid down in this article.


### 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 removed as soon as the situation allows it. additionally , any restriction should take into account the situation of border regions and their cross-border and mobile workers.


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


### 4. member states shall inform citizens , consumers , businesses , workers and their representatives about measures that affect their free movement rights in a clear and unambiguous manner. ### 4. member states shall inform citizens , consumers , businesses , workers and their representatives about measures that affect their free movement rights in a clear and unambiguous manner so as to ensure legal certainty and facilitate cross-border coordination in close cooperation with social partners at national and local level.


### 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. ### 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. social partners shall be duly involved in the elaboration and implementation of measures with an impact on labour mobility.


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


### imposing restrictions on workers and service providers and their representatives , unless to do so in inherent to the nature of the crisis/single market emergency and it does not manifestly go beyond what is necessary for that purpose. ### imposing restrictions on workers and service providers and their representatives , unless to do so in inherent to the nature of the crisis/single market emergency and it does not manifestly go beyond what is necessary for that purpose with due regard to mobile and cross border workers , in particular those in employment and professions which require on-location work.


### 6. when a single market emergency has been activated in accordance with article 14 and exceptional circumstances resulting from the crisis do not allow all service providers , business representatives and workers from other member states to travel and to have unhindered access to their place of activity or workplace , but travelling is still possible , member states shall not impose travel restrictions , on: ### 6. when a single market emergency has been activated in accordance with article 14 and exceptional circumstances resulting from the crisis do not allow all service providers , business representatives and workers from other member states to travel and to have unhindered access to their place of activity or workplace , but travelling is still possible , member states shall not impose travel restrictions , on the following categories of persons , provided that their safe travel can be ensured:


### those service providers that provide crisis-relevant services that are listed in an implementing act adopted pursuant to article 14(5) , or business representatives or workers that are involved in production of crisis-relevant goods or provision of crisis-relevant services that are listed in an implementing act adopted pursuant to article 14(5) to allow them to have access to the place of their activities , if activities in the sector concerned are still allowed in the member state; ### those service providers that provide crisis-relevant services that are listed in an implementing act adopted pursuant to article 14(5) , or business representatives or workers that are involved in production of crisis-relevant goods or provision of crisis-relevant services that are listed in an implementing act adopted pursuant to article 14(5) including those that are essential to the functioning of the affected sector 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;


### 7. when taking the measures referred to in this provision , the member states shall ensure full compliance with the treaties and union law. nothing in this provision shall be construed as authorising or justifying restrictions to free movement contrary to the treaties or other provisions of union law. ### 7. when taking the measures referred to in this provision , the member states shall ensure full compliance with the treaties and union law ,. including the protection of workers , service providers and business representatives , ensuring they are able to exercise their freedom of movement under safe conditions. nothing in this provision shall be construed as authorising or justifying restrictions to free movement contrary to the treaties or other provisions of union law.


### 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 single market emergency mode , the commission may provide for supportive measures to facilitate free movement of persons referred to in article 17(6) and 17(7) and to ensure that they can exercise their freedom of movement under safe conditions 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).


### 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 of the reasons which make the enactment of such measure justified and proportionate , accompanied by an assessment of the necessity and proportionality of such measures. member states shall assess in particular whether the proposed measures are likely to adequately remedy or address the single market emergency and whether other less restrictive measures could attain the same objective , having regard to the impact of the adopted measures on freedom of movement and other fundamental rights , their scope and duration. 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.


### 6. the commission shall ensure that citizens and businesses are informed of the notified measures , unless member states request that the measures remain confidential , or the commission deems disclosure of those measures would affect the security and public order of the european union or its member states , as well as of the decisions and member states’ comments adopted in accordance with this article. ### 6. the commission shall ensure that citizens , workers and businesses are informed of the notified measures , unless member states or the commission deems disclosure of those measures would affect the security and public order of the european union or its member states , as well as of the decisions and member states’ comments adopted in accordance with this article.


### 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; ### assistance in requesting and obtaining information as regards union level and other member states' 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;


### 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 or 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 in written why it is not possible or appropriate for that operator to do so. the commission’s decision shall be based on objective data which is factual , measurable , substantiated and not informed by bias showing that such prioritisation is indispensable to ensure the maintenance of vital societal or vital economic activities in the single market.


### 2. fines imposed in the cases referred to in paragraph 1 (a) and (b) shall not exceed 200 000 eur. ### deleted


### 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 be lower than 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.


### aiming at accelerating permitting of crisis-relevant goods. ### aiming at accelerating permitting of crisis-relevant goods fully respecting social and environmental legislation.


### 3. where the commission agrees to procure on behalf of the member states , it shall draw up a proposal for a framework agreement to be concluded with the participating member states allowing the commission to procure on their behalf. this agreement shall lay down the detailed conditions for the procurement on behalf of the participating member states referred to in paragraph 1. ### 3. where the commission agrees to procure on behalf of the member states , it shall draw up a proposal for a framework agreement to be concluded with the participating member states allowing the commission to procure on their behalf. this agreement shall lay down the detailed conditions for the procurement on behalf of the participating member states referred to in paragraph 1 and shall be made public.


### 3. where the commission agrees to procure on behalf of the member states , it shall draw up a proposal for a framework agreement to be concluded with the participating member states allowing the commission to procure on their behalf. this agreement shall lay down the detailed conditions for the procurement on behalf of the participating member states referred to in paragraph 1. ### 3. where the commission agrees to procure on behalf of the member states , it shall draw up a proposal for a framework agreement to be concluded with the participating member states allowing the commission to procure on their behalf. this agreement shall lay down the detailed conditions , practical arrangements for this procedure as well as rules for decision-making , for the procurement on behalf of the participating member states referred to in paragraph 1 and shall be made public.


### 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 strategic importance or crisis-relevant goods and services on behalf of the participating member states through the conclusion of new contracts which shall be made public.


### 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 , including on elements such as definition of technical specifications , award criteria and assessment of tenders received , 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 which shall be made public.


### an assessment of the potential impact of the crisis; ### an assessment of the potential impact of the crisis , laying out why this crisis is of critical importance to the union and its member states , pointing out why this crisis is of systemic and vital importance for public security , public safety , public order or public health , and how this crisis would have a significant impact on the functioning of the single market;


### the commission may require , by means of implementing acts , that the member states provide information on the goods listed in an implementing act adopted pursuant to article 9(1) , as regards all of the following: ### the commission shall require , by means of implementing acts , that the member states provide information on the goods listed in a delegated act adopted pursuant to article 9(1) , as regards all of the following:


### 3. taking due account of stocks held or being built up by economic operators on theirterritory , member states shall deploy their best efforts to build up strategic reserves of the goods of strategic importance identified in accordance with paragraph 1. the commission shall provide support to member states to coordinate and streamline their efforts. ### 3. taking due account of stocks held or being built up by economic operators on their territory , member states shall build up strategic reserves of the goods of strategic importance identified in accordance with paragraph 1. the commission shall provide support to member states to coordinate and streamline their efforts.


### 4. where the building of strategic reserves of goods of strategic importance identified pursuant to paragraph 1 can be rendered more effective by streamlining among member states , the commission may draw up and regularly update , by means of implementing acts , a list of individual targets regarding the quantities and the deadlines for those strategic reserves that the member states should maintain. when setting the individual targets for each member state , the commission shall take into account: ### 4. where the building of strategic reserves of goods of strategic importance identified pursuant to paragraph 1 can be rendered more effective by streamlining among member states , the commission shall draw up and regularly update , by means of implementing acts , a list of individual targets regarding the quantities and the deadlines for those strategic reserves that the member states should maintain. when setting the individual targets for each member state , the commission shall take into account:


### following such an assessment , where the commission establishes , supported by objective data , that ### following such an assessment , where the commission establishes , supported by data , which is objective , factual , measurable , substantiated , and not informed by bias , that


### 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 , informing the european parliament , 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’).


### 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 perform the priority rated 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.


### 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 take into account 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.


### 1. the commission may , by means of a decision , where deemed necessary and proportionate , impose fines: ### 1. the commission shall , by means of a decision , where deemed necessary and proportionate , impose fines:


### 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; ### where 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;


### 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. when respectively the vigilance mode or single market emergency mode has been activated pursuant to article 9 or 14 , 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).


### 2. the commission shall assess the utility , necessity and proportionality of the request. where the commission intends not to follow the request , it shall inform the member states concerned and the advisory group referred to in article 4 and give reasons for its refusal. ### 2. the commission shall assess the necessity and proportionality of the request. where the commission intends not to follow the request , it shall inform the member states concerned and the advisory group referred to in article 4 and give reasons for its refusal.


### 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. ### 3. representatives of the commission or experts nominated by the commission may carry out regular on-site visits , including not announced site visits at the locations of production facilities of relevant goods of strategic importance or crisis-relevant goods.


### 2. the contracts may include a clause stating that a member state which has not participated in the procurement procedure may become a party to the contract after it has been signed , laying out in detail the procedure for doing so and its effects. ### 2. the contracts shall include a clause stating that a member state which has not participated in the procurement procedure may become a party to the contract after it has been signed , laying out in detail the procedure for doing so and its effects.


### 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. ### the commission and the member states may set up interoperable digital open source 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.


### (16) as the instrument aims to enhance the competitiveness and efficiency of the union’s defence industry , to benefit from the instrument , common procurement contracts will need to be placed with legal entities which are established in the union or in associated countries and are not subject to control by non-associated third countries or by non-associated third-country entities. in that context , control should be understood to be the ability to exercise a decisive influence on a legal entity directly , or indirectly through one or more intermediate legal entities. additionally , in order to ensure the protection of essential security and defence interests of the union and its member states , the infrastructure , facilities , assets and resources of the contractors and subcontractors involved in the common procurement which are used for the purposes of the common procurement shall be located on the territory of a member state or of an associated third country. ### (16) as the instrument aims to enhance the competitiveness and efficiency of the union’s defence industry , to benefit from the instrument , common procurement contracts will need to be placed with contractors and subcontractors established in the union or in associated countries and are not subject to control by non-associated third countries or by non-associated third-country entities. in that context , control should be understood as the ability to exercise a decisive influence on a contractor or subcontractor directly , or indirectly through one or more intermediate legal entities. additionally , in order to ensure the protection of security and defence interests of the union and its member states , the infrastructure , facilities , assets and resources of the contractors and subcontractors involved in the common procurement which are used for the purposes of the common procurement shall be located on the territory of a member state or of an associated country.


### (17) in certain circumstances , it should be possible to derogate from the principle that contractors and subcontractors involved in a common procurement supported by the instrument are not subject to control by non-associated third countries or non associated third-country entities. in that context , a legal entity established in the union or in an associated third country and controlled by a non-associated third country or a non-associated third country entity may participate as contractor and subcontractor involved in the common procurement if strict conditions relating to the security and defence interests of the union and its member states , as established in the framework of the common foreign and security policy pursuant to title v of the treaty on european union (teu) , including in terms of strengthening the european defence technological and industrial base , are fulfilled. ### (17) regardless of the country in which the contracted party is established , increasing the common procurement of defence capabilities in the short-run and inducing cooperation , contributes to create favourable market conditions , such as structuring of the demand side in the eu , and hence contributes to the reinforcement of the edtib. consequently , in certain strict circumstances , it should be possible to derogate from the principle that contractors and subcontractors involved in a common procurement supported by the instrument are not subject to control by non-associated third countries or non associated third-country entities. in that context , a contractor or a subcontractor established in the union or in an associated country and controlled by a non-associated country or a non-associated country entity may participate as contractor or subcontractor involved in the common procurement if strict conditions relating to the security and defence interests of the union and its member states , as established in the framework of the common foreign and security policy pursuant to title v of the treaty on european union (teu) , including in terms of strengthening the european defence technological and industrial base , are fulfilled.


### (18) furthermore , the common procurement procedures and contracts shall also include a requirement for the defence product to not be subject to control or restriction by a non-associated third country or a non-associated third country entity. ### (18) furthermore , the common procurement procedures and contracts shall also include a requirement for the defence product to not be subject to any form of control or restriction by a non-associated country or a non-associated country entity.


### proposal for aregulation of the european parliament and of the councilon establishing the european defence industry reinforcement through common procurement act ### proposal for aregulation of the european parliament and of the councilon establishing the instrument for the strengthening of the defence technological and industrial base (edtib) through common procurement