Amendments adopted by the European Parliament on 13 September 2023 on the proposal for a regulation of the European Parliament and of the Council establishing a Single Market emergency instrument and repealing Council Regulation No (EC) 2679/98 (COM(2022)0459 — C9-0315/2022 — 2022/0278(COD))
Date: 2023-09-13
Institutions: Committee on Budgets, Committee on Civil Liberties, Justice and Home Affairs, Committee on Economic and Monetary Affairs, Committee on Employment and Social Affairs, Committee on Industry, Research and Energy, Committee on Transport and Tourism, Committee on the Internal Market and Consumer Protection, European Parliament
Subjects: crisis management, free movement of goods, free movement of persons, freedom to provide services, goods and services, market approval, security of supply, single market




C_202401788EN.000101.fmx.xml












Official Journal of the European Union


EN
Series C













C/2024/1788


22.3.2024






P9_TA(2023)0317
Single market emergency instrument
Amendments adopted by the European Parliament on 13 September 2023 on the proposal for a regulation of the European Parliament and of the Council establishing a Single Market emergency instrument and repealing Council Regulation No (EC) 2679/98 (COM(2022)0459 — C9-0315/2022 — 2022/0278(COD)) (1)

(Ordinary legislative procedure: first reading)
(C/2024/1788)


Amendment 1


Proposal for a regulation


Title








Text proposed by the Commission




Amendment





Proposal for a


Proposal for a




REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL


REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL




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


establishing a 
framework of measures on emergency and resilience of the internal market (Internal
 market emergency 
and resilience act) and amending
 Council Regulation (EC) 
No
 2679/98




(Text with EEA relevance)


(Text with EEA relevance)





Amendment 2


Proposal for a regulation


Recital 1








Text proposed by the Commission




Amendment











(1)


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












(1)


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









Amendment 3


Proposal for a regulation


Recital 2








Text proposed by the Commission




Amendment











(2)


The Union was not sufficiently prepared to ensure efficient manufacturing, procurement and distribution of crisis-relevant non-medical goods such as personal protective equipment, especially in the early phase of the COVID-19 pandemic and the ad-hoc measures taken by the Commission in order to re-establish the functioning of the 
Single
 Market and to ensure the availability of crisis-relevant non-medical goods during the COVID-19 pandemic were necessarily reactive The pandemic also revealed insufficient overview of manufacturing capacities across the Union as well as vulnerabilities related to the global supply chains.












(2)


The Union was not sufficiently prepared to ensure efficient manufacturing, procurement and distribution of crisis-relevant non-medical goods such as personal protective equipment, especially in the early phase of the COVID-19 pandemic and the ad-hoc measures taken by the Commission in order to re-establish the functioning of the 
internal
 market and to ensure the availability of crisis-relevant non-medical goods during the COVID-19 pandemic were necessarily reactive. The pandemic also revealed insufficient overview of manufacturing capacities across the Union as well as vulnerabilities related to the global supply chains.









Amendment 4


Proposal for a regulation


Recital 2 a (new)








Text proposed by the Commission




Amendment





 










(2a)






During the COVID-19 pandemic, uncoordinated measures restricting the free movement of persons had a particular impact on critical sectors, particularly those that rely on mobile workers, including frontier and cross-border workers, who played an essential role in keeping the Union economy going during that time.











Amendment 5


Proposal for a regulation


Recital 3








Text proposed by the Commission




Amendment











(3)


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












(3)


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


became evident that the lack of effective coordination between Member States exacerbated the shortages of goods and created more obstacles to the free movement of services and persons.











Amendment 6


Proposal for a regulation


Recital 4








Text proposed by the Commission




Amendment











(4)




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














(4)




Yet, despite the initial lack of coordination, the internal market rules played a key role in mitigating the negative impact of
 the crisis 
and in ensuring a swift recovery of the economy of the Union, namely by precluding unjustified and disproportionate national restrictions contained in the unilateral responses by
 the Member States 
and by providing a strong incentive to find common solutions, thus promoting solidarity
.









Amendment 7


Proposal for a regulation


Recital 5








Text proposed by the Commission




Amendment











(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, 
in particular considering
 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 
future
 crises could 
occur and have a
 severe 
impact
 on the 
internal
 market and its supply chains, it is necessary to provide for an instrument that would apply 
in the event of the occurrence
 of a wide range of crises 
that have an impact on the internal market and have a cross border effect
.









Amendment 8


Proposal for a regulation


Recital 6








Text proposed by the Commission




Amendment











(6)


The impact of a crisis on the 
Single
 Market 
can be two-fold. On the one hand, a crisis
 can lead to obstacles to free movement within the 
Single
 Market, thus disrupting its normal functioning. 
On the other hand,
 a crisis can 
amplify
 shortages of crisis-relevant goods and services on the 
Single
 Market. 
The
 Regulation should address 
both types of impacts
 on the 
Single
 Market.












(6)


The impact of a crisis on the 
internal
 market can lead to obstacles to free movement within the 
internal
 market, thus disrupting its normal functioning. A crisis can 
exacerbate
 shortages of crisis-relevant goods and services on the 
internal
 market. 
This
 Regulation should address 
the detrimental impact
 on the 
free movement of goods, services or persons in the internal
 market.









Amendment 9


Proposal for a regulation


Recital 7








Text proposed by the Commission




Amendment











(7)


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












(7)


Since any specific aspects of future crises that would impact the 
internal
 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 
internal
 market and its supply chains 
and for strengthening their resilience
.









Amendment 10


Proposal for a regulation


Recital 8








Text proposed by the Commission




Amendment











(8)


The 
framework of
 measures set out 
under
 this Regulation should be deployed in a coherent, transparent, efficient, proportionate and timely manner, having due regard to the need to maintain vital societal functions, 
meaning
 including public security, safety, public order, or public health respecting, the responsibility of the Member States to safeguard national security and their power to safeguard other essential state functions, including ensuring the territorial integrity of the State and maintaining law and order.












(8)


The measures set out 
in
 this Regulation should be deployed in a coherent, transparent, efficient, proportionate and timely manner, having due regard to the need to maintain vital societal functions, including public security, safety, public order, or public health, respecting the responsibility of the Member States to safeguard national security and their power to safeguard other essential state functions, including ensuring the territorial integrity of the state and maintaining law and order. 
This Regulation should therefore be without prejudice to matters related to national security and defence.











Amendment 11


Proposal for a regulation


Recital 9








Text proposed by the Commission




Amendment











(9)


To this end, this Regulation provides:












(9)


To this end, this Regulation provides 
the necessary means to ensure the continued functioning of the internal market, the free circulation of goods, services and persons, including workers, and the availability of crisis-relevant goods and services to citizens, businesses and public authorities in times of crisis.


























 




















 




















 





Amendment 12


Proposal for a regulation


Recital 10








Text proposed by the Commission




Amendment













(10)






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










deleted







Amendment 13


Proposal for a regulation


Recital 11








Text proposed by the Commission




Amendment











(11)


This Regulation should not duplicate the existing framework for medicinal products, medical devices or other medical counter-measures under the EU Health Security Framework, including Regulation (EU) 
…/… on serious cross-border health threats [SCBTH Regulation (COM/2020/727)], Council Regulation (EU) …/… on a framework of measures for ensuring the supply of crisis-relevant medical counter-measures [Emergency Framework Regulation (COM/2021/577)], Regulation (EU) …/… on the extended mandate of the ECDC [ECDC Regulation (COM/2020/726)]
 and Regulation (EU) 
2022/123 on the extended mandate of the EMA [EMA Regulation].
Therefore, medicinal products, medical devices or other medical counter-measures, 
when they have been placed on the list referred to in Article 6(1) of the Emergency Framework Regulation
, shall be excluded from the scope of this Regulation, except in relation to the provisions relating to free movement during 
the Single
 Market emergency, and in particular those designed to re-establish and facilitate free movement as well as the notification mechanism.












(11)


This Regulation should not duplicate the existing framework for medicinal products, medical devices or other medical counter-measures under the EU Health Security Framework, including Regulation (EU) 
2022/123
 and Regulation (EU) 
2022/2371.
 Therefore, medicinal products, medical devices or other medical counter-measures, 
falling under their remit
, shall be excluded from the scope of this Regulation, except in relation to the provisions relating to free movement during 
an internal
 market emergency, and in particular those designed to re-establish and facilitate free movement as well as the notification mechanism.









Amendment 14


Proposal for a regulation


Recital 12








Text proposed by the Commission




Amendment











(12)


This Regulation should complement the Integrated Political Crisis Response 
mechanism
 operated by the Council under Council Implementing Decision (EU) 2018/1993 as regards its work on 
Single
 Market impacts of cross-sectoral crises that require political decision-making.












(12)


This Regulation should complement the Integrated Political Crisis Response 
arrangements
 operated by the Council under Council Implementing Decision (EU) 2018/1993 as regards its work on 
internal
 market impacts of cross-sectoral crises that require political decision-making.









Amendment 15


Proposal for a regulation


Recital 16








Text proposed by the Commission




Amendment













(16)






In order to account for the exceptional nature of and potential far-reaching consequences for the fundamental operation
 of the 
Singe Market of a Single Market emergency, implementing powers should exceptionally be conferred on the Council for the activation of Single Market emergency mode pursuant to Article 281(2) of the Treaty on the Functioning of the European Union.
















(16)






This Regulation should be without prejudice to labour law or working conditions, including health and safety at work, and to collective bargaining rights and the autonomy
 of the 
social partners.











Amendment 16


Proposal for a regulation


Recital 17








Text proposed by the Commission




Amendment











(17)




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












(17)




Where the activities to be carried out pursuant to
 this Regulation 
involve the processing of personal data, such processing should comply with the relevant Union legislation on personal data protection, namely Regulation (EU) 2016/679
 of the 
European Parliament and of the Council



 (1a)



and Regulation (EU) 2018/1725 of the European Parliament and of the Council



 (1b)



.











Amendment 17


Proposal for a regulation


Recital 18








Text proposed by the Commission




Amendment











(18)




As regards the measures for re-establishing and facilitating free movement of
 persons 
and any other measures affecting the
 free movement of persons 
provided under this Regulation, they are based on Article 21 TFEU and complement Directive 2004/38/EC without affecting its application at the time of Single Market emergencies. Such measures should not result in authorising or justifying restrictions to free movement contrary to the Treaties or other provisions of Union law
.












(18)




This Regulation lays down rights and obligations for economic operators, in particular natural or legal
 persons
, including any temporary association of undertakings, which offer products or services of critical importance on the market. Furthermore, it defines critically important areas which are of systemic and vital importance for the functioning of the internal market, in particular areas related to the cross-border
 free movement of 
goods, services or
 persons
, for example in the areas of food, transport, maintenance, health, or information technologies
.









Amendment 18


Proposal for a regulation


Recital 19








Text proposed by the Commission




Amendment











(19)




Article 45 TFEU lays down the right to free movement of workers, subject to the limitations and conditions laid down in the Treaties and the measures adopted to give them effect. This Regulation contains provisions which complement the existing measures in order to 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)




In order to ensure the smooth functioning of the internal market, this Regulation should set up an Internal Market Emergency and Resilience Board (‘the Board’) to advise the Commission on the appropriate measures for anticipating, preventing or responding to the impact of a crisis. The European Parliament should be able to appoint an expert as a member of the Board. The Commission should invite representatives of other crisis-relevant bodies at Union level as observers to the relevant meetings of the Board, including, where appropriate, representatives of Committee of the Regions and of the European Economic and Social Committee. The Commission should ensure that the European Parliament receives all documents at the same time as Member States’ representatives. The European Parliament should also systematically have access to the meetings of the Board to which Member States' experts are invited. The participation of representatives of EFTA States as observers should be ensured in accordance with the Agreement on the European Economic Area, as well as with the bilateral agreements between the Union and the Swiss Confederation. The Board should in particular assist and advise the Commission regarding measures that have an impact on the free movement of goods, services and persons, including workers, with a special focus on mobile workers, including frontier and cross-border workers.











Amendment 19


Proposal for a regulation


Recital 20








Text proposed by the Commission




Amendment











(20)




If Member States adopt measures affecting free movement of goods or persons, goods or the freedom to provide services in preparation for and during Single Market emergencies, they should limit such measures to what is necessary and remove them as soon as the situation allows it. Such measures
 should 
respect the principles of proportionality and non-discrimination and should take into consideration the particular situation of border regions
.












(20)




It is essential to guarantee greater transparency and accountability, particularly in times of crises, in line with the values on which the Union is based. The European Parliament plays a key role in ensuring democratic accountability. This Regulation
 should 
therefore lay down rules to enhance the emergency and resilience dialogue between the Commission, the European Parliament and the Council
.









Amendment 20


Proposal for a regulation


Recital 21








Text proposed by the Commission




Amendment











(21)




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












(21)




To ensure effective coordination and information exchange in cases of
 emergency
, this Regulation lays down
 an obligation for Member States to 
designate central liaison offices, responsible for contact with the Union level central liaison office designated by the Commission and with the central liaison offices of other Member States
.









Amendment 21


Proposal for a regulation


Recital 22








Text proposed by the Commission




Amendment











(22)




When examining the compatibility of any notified draft or adopted measures with the principle of proportionality, the Commission should pay due regard to the evolving crisis situation and often limited information that is at the disposal of the Member States when they seek to reduce the emerging risks in the context of the crisis. Where justified and necessary in the circumstances, the Commission may consider based on any available information, including specialised or scientific information, the merits of Member State arguments relying on the precautionary principle as a reason for adoption of free movement of persons restrictions. It is the task of the Commission to ensure that such


measures comply with Union law and do not create unjustified obstacles to the functioning of the Single
 Market
. The Commission should react to the notifications of Member States as quickly as possible, taking into account the circumstances of the particular crisis, and at the latest within the time-limits set out by
 this Regulation.












(22)




Resilience is key to ensuring that the internal
 market 
delivers on one of its ultimate goal of supporting the Union’s economy.
 This Regulation 
should allow for anticipation of events and crises, building on ongoing analysis concerning critically important areas of the internal market economy and the Union’s continuous foresight work
. 
In order to ensure the crisis-preparedness of all actors, it is necessary to set out rules on stress tests to be conducted at least every two years, and on trainings and crisis protocols involving not only relevant national authorities, but also stakeholders such as businesses, social partners and experts. It is also essential to lay down rules on strategic


reserves of goods of critical importance, in order to ensure a proper exchange of information and provide support to Member States in order to assist them in coordinating and streamlining their efforts.











Amendment 22


Proposal for a regulation


Recital 23








Text proposed by the Commission




Amendment











(23)


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












(23)


In order to 
determine critical sectors, a methodology should be established taking into account
 specific 
criteria, namely the trade flows, demand and supply, concentration of supply, Union and global production and production capacities at different stages of the value chain
 and the 
interdependencies between economic operators
.









Amendment 23


Proposal for a regulation


Recital 24








Text proposed by the Commission




Amendment











(24)




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














(24)




It is important to identify and monitor the supply chains of goods
, 
services of critical importance during the vigilance mode, as well as the free movement of categories of workers of critical importance, preceding an internal market emergency.
 In order to 
account for
 the activation of the 
vigilance mode and the potential consequences for the proper functioning of the internal
 market 
that it triggers, implementing powers should be conferred on the Commission for the activation of that mode pursuant to Article 291(2) of the Treaty on the Functioning of the European Union. The vigilance mode should be activated for a maximum duration of six months with the possibility of an extension of the same duration, taking into due consideration the opinion provided by the Board. The Commission should present a report to the European Parliament and the Council of its findings concerning the monitoring, carried out during the vigilance
 mode, 
of the supply chains of goods, services of critical importance, the free movement of categories of workers of critical importance and the inventory of the most relevant
 economic operators.









Amendment 24


Proposal for a regulation


Recital 25








Text proposed by the Commission




Amendment











(25)




Information requests to economic operators should be used by
 the Commission 
only where the information which is necessary for responding adequately
 to the 
Single
 Market 
emergency, such as information necessary for procurement by the Commission on behalf of the Member States or estimating the production capacities of manufacturers of crisis-relevant goods the supply chains of which have been disrupted, cannot be obtained from publicly available sources or as a result of information provided voluntarily
.












(25)


The Commission 
should carefully assess the severity of disruptions
 to the 
functioning of the internal
 market 
and the impact of a crisis on the basis of concrete and reliable evidence, and duly taking into account the criteria laid down in this Regulation
.









Amendment 25


Proposal for a regulation


Recital 26








Text proposed by the Commission




Amendment











(26)


The activation of the 
Single
 Market emergency mode
, where needed,
 should 
also trigger the application of certain crisis-response procedures which introduce adjustments to the rules governing the design, manufacture, conformity assessment
 and the 
placing on the market of goods subject to Union harmonised rules. These crisis-response procedures should enable products, designated as crisis-relevant goods to be placed swiftly on the market in
 an emergency 
context. The conformity assessment bodies should prioritise the conformity assessment of crisis-relevant goods over any other ongoing applications for other products. On the other hand, in cases, where there are undue delays in the conformity assessment procedures, the national competent authorities should be able to issue authorisations for products, which have not undergone the applicable conformity assessment procedures to be placed on their respective market, provided that they comply with the applicable safety requirements. Such authorisations shall be only valid on the territory of the issuing Member State and limited to the duration of the Single
 Market emergency
. In addition, in order to facilitate the increase in supply of crisis-relevant products, certain flexibilities should be introduced with respect to the mechanism of presumption of conformity.
 In the 
context of a Single Market emergency, the manufacturers of crisis-relevant goods should be able to rely also on national and international standards, which provide an equivalent level of protection to the harmonised European standards
. 
In cases where the later do not exist or the compliance with them is rendered excessively difficult by the disruptions to the Single Market, the Commission should be able to issue common technical specifications of voluntary or of mandatory application in order to provide ready-to-use technical solutions to the manufacturers.














(26)




In order to account for the exceptional nature of and potential far-reaching consequences of
 the activation of the 
internal
 market emergency mode, 
which could negatively affect the free movement of goods, services and persons, and in order to ensure appropriate public scrutiny, the internal market emergency mode
 should 
only be activated by a legislative act in the form of a decision on a proposal made by the Commission and promptly adopted jointly by the European Parliament
 and the 
Council. To address the need for quick decision-making in times of crisis, decisions to activate the internal
 market emergency 
mode could be adopted by making use of urgency procedures, as these procedures have already been successfully used
 in the 
past
.









Amendment 26


Proposal for a regulation


Recital 27








Text proposed by the Commission




Amendment











(27)




The introduction of these crisis-relevant adjustments to the relevant sectorial Union harmonised rules requires targeted adjustments to the following 19 sectorial frameworks: Directive 2000/14/EC, Directive 2006/42/EU, Directive 2010/35/EU, Directive 2013/29/EU, Directive 2014/28/EU, Directive 2014/29/EU, Directive 2014/30/EU, Directive 2014/31/EU, Directive 2014/32/EU, Directive 2014/33/EU, Directive 2014/34/EU, Directive 2014/35/EU, Directive 2014/53/EU, Directive 2014/68/EU, Regulation (EU) 2016/424, Regulation (EU) 2016/425, Regulation (EU) 2016/426, Regulation (EU) 2019/1009 and Regulation (EU) 305/2011.
 The activation of the emergency procedures should be conditional upon the activation of the 
Single
 Market emergency and should be limited to the products designated as crisis-relevant goods.












(27)


The activation of the emergency procedures should be conditional upon the activation of the 
internal
 market emergency 
mode
 and should be limited to the products designated as crisis-relevant goods. 
Therefore the activation of the internal market emergency mode, where necessary, should also trigger the application of certain crisis-response procedures governing the design, manufacture, conformity assessment and placing on the market of goods subject to Union harmonised rules or falling under the general safety framework rules, limited to the products designated as crisis-relevant goods.











Amendment 27


Proposal for a regulation


Recital 28








Text proposed by the Commission




Amendment











(28)




In cases where there are substantial risks to the functioning of the Single Market or in cases of severe shortages or an exceptionally high demand
 of goods 
of strategic importance
, measures 
at Union level aimed to ensure the availability of crisis-relevant products, such as priority rated orders, may prove to be indispensable for the return to the normal functioning of the Single
 Market.












(28)




Restrictions on the free movement
 of goods
, services and persons imposed by Member States should be prohibited, unless they are non-discriminatory, justified and proportionate. It should not be possible to suspend the fundamental freedoms laid down in the Treaty in times of crisis and Member States should not use the emergency situation as a pretext for adopting restrictions going beyond the rules of Treaty. Any response to an internal market emergency should strictly comply with such rules
, 
as well as with the rules laid down in this Regulation. If Member States adopt
 measures 
affecting the free movement of goods or persons, or the freedom to provide services in preparation for and during internal
 market 
emergencies, they should limit such measures to what is necessary and remove them as soon as the emergency mode is deactivated or earlier, when they are no longer needed
. 
Such measures should respect the principles of proportionality and non-discrimination and should take into consideration the particular situation of border regions.











Amendment 28


Proposal for a regulation


Recital 29








Text proposed by the Commission




Amendment











(29)




In order to leverage the purchasing power and negotiating position
 of the 
Commission during the Single Market vigilance mode and the Single Market emergency mode,
 Member States 
should be able to request the Commission to procure
 on their 
behalf
.












(29)




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.











Amendment 29


Proposal for a regulation


Recital 30








Text proposed by the Commission




Amendment











(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)




Article 21 TFEU lays down the right of Union 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. That Directive sets out the general principles applicable to those limitations and the grounds that may be used to justify such measures. Those grounds are public policy, public security or public health. In this context, restrictions to the 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
.









Amendment 30


Proposal for a regulation


Recital 31








Text proposed by the Commission




Amendment











(31)


The measures 
ensuring regulatory flexibility would allow the Commission to recommend that Member States accelerate the procedures for granting permits that would be necessary for enhancement of the capacity to produce crisis-relevant goods or provide crisis-relevant services
.












(31)


The measures 
for facilitating the free movement of persons and any other measures affecting the free movement of persons provided under this Regulation are based on Article 21 TFEU and complement Directive 2004/38/EC, without affecting its application in the event of internal market emergencies. Such measures should not result in authorising or justifying restrictions to free movement contrary to the Treaties or other provisions of Union law
.









Amendment 31


Proposal for a regulation


Recital 32








Text proposed by the Commission




Amendment











(32)




Additionally, to ensure that crisis-relevant goods are available
 during the Single Market emergency
, the Commission may invite the economic operators that operate in crisis-relevant supply chains to prioritise the orders of inputs necessary for the production of final goods that are crisis relevant, or the orders of such final goods themselves. Should an economic operator refuse to accept and prioritise such orders, following objective evidence that the availability of crisis-relevant goods is indispensable,
 the Commission 
may decide to invite the economic operators concerned to accept and prioritise certain orders, the fulfilment of which will then take precedence over any other private or public law obligations. In the event of failure to accept, the operator in question
 should 
explain its legitimate reasons for declining the request. The Commission may make such reasoned explanation or parts of it public, with due regard to business confidentiality
.












(32)




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 facilitate the free movement of persons, increase transparency and provide administrative assistance
 during 
internal market emergencies. Such measures include setting up
 the single 
points of contact and making them available to workers and their representatives in the Member States and at Union level during the internal
 market 
vigilance and
 emergency 
modes under this Regulation. Member States and
 the Commission 
are encouraged to use existing instruments for the set up and operation of these contact points. Such contact points should be active outside the emergency mode and
 should 
serve to help communication between the Member States and with the Board
.









Amendment 32


Proposal for a regulation


Recital 33








Text proposed by the Commission




Amendment











(33)




Furthermore,
 to ensure 
availability of crisis-relevant goods during the Single Market emergency
, the Commission 
may recommend that Member States distribute strategic reserves, having with due regard to the principles of solidarity, necessity and proportionality
.












(33)




In order
 to ensure 
uniform conditions for the implementation of this Regulation
, 
implementing powers should be conferred on
 the Commission 
as regards the possibility to adopt supportive measures for facilitating the free movement of persons. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council
.









Amendment 33


Proposal for a regulation


Recital 34








Text proposed by the Commission




Amendment











(34)




Where the activities to be carried out pursuant to this Regulation involve the processing of personal data, such processing
 should 
comply with the relevant Union legislation on personal data protection, namely Regulation (EU) 2018/1725
 of the 
European Parliament and of the Council



 (41)



and Regulation (EU) 2016/679 of the European Parliament and
 of the

 (42)

 .












(34)




The activation of the internal market vigilance or emergency mode
 should 
trigger an obligation for the Member States to notify the Commission
 of the 
adoption of measures regarding crisis-relevant restrictions on the free movement of goods, the freedom to provide services and the free movement of persons, including workers, accompanied by a statement justifying the introduction of such measures. The statement on the proportionality of such measures should take into account the impact
 of the 
measures, their scope and their expected duration
.









Amendment 34


Proposal for a regulation


Recital 35








Text proposed by the Commission




Amendment











(35)




In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on
 the Commission 
as regards


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












(35)




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. 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 internal 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 in this Regulation
.









Amendment 35


Proposal for a regulation


Recital 36








Text proposed by the Commission




Amendment











(36)




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












(36)




If the Commission finds that the notified
 measures 
are not
 in accordance with 
Union law, it may issue a decision requiring the Member State concerned to modify or to refrain from adopting the notified draft measure. The adoption of decisions is without prejudice to the prerogatives
 of the 
Commission as guardian of the Treaties, having the responsibility of ensuring respect for the free movement of goods
, 
services and persons. To guarantee the effective implementation of
 this Regulation
, the Commission
 should 
provide an effective response to breaches of Union law through infringement proceedings
.









Amendment 36


Proposal for a regulation


Recital 37








Text proposed by the Commission




Amendment











(37)




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












(37)




To ensure that citizens, consumers, economic operators and workers and their representatives are provided with assistance in the event of an emergency, it is important to establish national single points of contact and a
 Union 
level single point of contact. Member States should ensure that it is possible for anyone affected by national crisis response
 measures 
to receive relevant information from the competent authorities, provided in clear, understandable and intelligible language, and in easily accessible
 manner 
for people with disabilities
.









Amendment 37


Proposal for a regulation


Recital 38








Text proposed by the Commission




Amendment











(38)




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












(38)




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









Amendment 38


Proposal for a regulation


Recital 39








Text proposed by the Commission




Amendment











(39)


The Commission 
shall also where appropriate enter into consultations or cooperation, on behalf
 of the 
Union, with relevant third countries, with
 particular 
attention paid to developing countries, with a view to seeking cooperative solutions to address supply chain disruptions, in compliance with international obligations
. 
This shall involve, where appropriate, coordination in relevant international fora.














(39)




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 
internal market emergency mode measures where economic operators are not able to provide a solution on a voluntary basis within a reasonable time. The reasons for such activation should be indicated in each act, and should take all
 particular 
aspects of a crisis into account
.









Amendment 39


Proposal for a regulation


Recital 40








Text proposed by the Commission




Amendment











(40)




In order to put in place a framework of crisis protocols the power to adopt acts in accordance with Article 290 TFEU
 should be 
delegated to
 the Commission 
to supplement the regulatory framework set out in this Regulation by further specifying the modalities of cooperation
 of the Member States 
and Union authorities during the Single Market vigilance and emergency modes, secure exchange
 of information 
and risk and crisis communication. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work
, 
including at expert level, and that those consultations be conducted in accordance
 with the 
principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making . In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament
 and the 
Council receive all documents at the same time as
 Member States
' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts
.












(40)




Information requests to economic operators
 should be 
used by the Commission as a last resort only where the information which is necessary for responding adequately to the internal market emergency, such as information necessary for procurement by
 the Commission 
on behalf
 of the Member States 
or estimating the production capacities of manufacturers of crisis-relevant goods whose supply chains have been disrupted, cannot be obtained from publicly available sources or as a result
 of information 
provided voluntarily any other way
, 
in cooperation
 with the 
Board
 and the Member States.









Amendment 40


Proposal for a regulation


Recital 41








Text proposed by the Commission




Amendment











(41)




Council Regulation (EC) 2679/98 which provides for a mechanism for bilateral discussions of obstacles
 to the functioning of the 
Single
 Market 
has been rarely used and is outdated. Its evaluation demonstrated that the solutions provided by that Regulation are not able to cater
 for the 
realities of complex crises, which are not limited to incidents happening at the borders of two neighbouring Member States
. 
It should therefore be repealed.














(41)




Where there are substantial risks
 to the functioning of the 
internal
 market 
or where there are severe shortages or an exceptionally high demand for goods of critical importance, measures at Union level aiming to ensure the availability of crisis-relevant goods, such as priority-rated orders, may prove to be indispensable in order to return to the normal functioning of the internal market
.









Amendment 41


Proposal for a regulation


Recital 41 a (new)








Text proposed by the Commission




Amendment





 










(41a)






Where there is a severe shortage of crisis-relevant goods and services on the internal market during an internal market emergency, and it is clear that the economic operators that operate on the internal market do not produce such goods, but would in principle be able to repurpose their production lines or would have sufficient capacity to provide the necessary goods or services, 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 the production capacity of manufacturers or the capacity of service providers to provide crisis-relevant services. In doing so, the Commission should inform the Member States as to the severity of the shortage and the type of the crisis-relevant goods and services that are necessary and should provide support and advice in relation to the flexibilities in the Union acquis for such purposes.











Amendment 42


Proposal for a regulation


Recital 41 b (new)








Text proposed by the Commission




Amendment





 










(41b)






The measures ensuring regulatory flexibility would allow the Commission to recommend that Member States accelerate the procedures for granting permits necessary for the enhancement of the capacity to produce crisis-relevant goods or provide crisis-relevant services.











Amendment 43


Proposal for a regulation


Recital 41 c (new)








Text proposed by the Commission




Amendment





 










(41c)






Additionally, to ensure that crisis-relevant goods are available during the internal market emergency, the Commission may invite the economic operators that operate crisis-relevant supply chains to prioritise orders for crisis-relevant goods or orders for inputs necessary for the production of crisis-relevant goods. In the event that an economic operator refuses to accept the invitation to prioritise such orders, despite objective evidence that the availability of crisis-relevant goods is indispensable, the Commission may invite the economic


operators concerned to accept and prioritise certain orders, the fulfilment of which will then take precedence over any other private or public law obligations. In the event of failure to accept, the operator in question should give legitimate reasons for declining the request.











Amendment 44


Proposal for a regulation


Recital 41 d (new)








Text proposed by the Commission




Amendment





 










(41d)






In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission as regards the activation of specific emergency response measures, namely priority-rated orders, during an internal market emergency, to allow for a rapid and coordinated response. The priority-rated order should be placed at a fair and reasonable price, including, where relevant, appropriate compensation for all additional costs incurred by the economic operator, including costs arising from, for example, contracts outside of the Union or changing production lines. Those powers should be exercised in accordance with Regulation (EU) No 182/2011.











Amendment 45


Proposal for a regulation


Recital 41 e (new)








Text proposed by the Commission




Amendment





 










(41e)






Furthermore, where severe shortages of crisis-relevant goods and services affect a Member State, the Member State concerned may inform the Commission thereof and indicate the quantities needed. The Commission should transmit the information to all competent authorities and streamline the coordination of Member States’ responses. To ensure availability of crisis-relevant goods during an internal market emergency, the Commission may also recommend that Member States distribute strategic reserves, having due regard to the principles of solidarity, necessity and proportionality.











Amendment 46


Proposal for a regulation


Recital 41 f (new)








Text proposed by the Commission





Amendment






 










(41f)






In order to leverage the purchasing power and negotiating position of the Commission during the internal market vigilance and emergency modes, Member States should be able to request that the Commission procures on their behalf. It is also essential to ensure that Member States coordinate their actions with the support of the Commission and the Board prior to launching procedures for the procurement of crisis-relevant goods and services. Transparency is a core principle of effective public procurement that improves competition, increases efficiency and creates a level playing field. The European Parliament should be informed about procedures concerning joint procurements under this Regulation and, upon request, be granted access to the contracts concluded as a result of those procedures, subject to the adequate protection of commercially sensitive information, including business secrets.











Amendment 47


Proposal for a regulation


Recital 41 g (new)








Text proposed by the Commission





Amendment






 










(41g)






It is necessary to lay down rules on digital tools in order to ensure preparedness when responding to possible future emergencies in a timely and efficient manner, as well as to guarantee the continued functioning of the internal market, the free circulation of goods, services and persons in times of crisis and the availability of crisis relevant goods and services to citizens, businesses and public authorities. When establishing such tools, the Commission should seek to ensure interoperability with already existing digital tools, such as the Internal Market Information System (IMI) in order to avoid duplication of requirements and any additional administrative burden. This Regulation should also set out rules for the adequate coordination, cooperation and exchange of information, and establish digital tools to guarantee the functioning of fast lanes for critical goods and services, aiming to accelerate authorisation, registration or declaration procedures. Furthermore,


in order to enhance involvement of all economic actors, in particular businesses and civil society, the Commission should set up a stakeholder platform to facilitate and encourage voluntary response to internal market emergencies.











Amendment 48


Proposal for a regulation


Recital 41 h (new)








Text proposed by the Commission




Amendment





 










(41h)






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, the right to data protection set out in Article 8 of the Charter, the freedom to conduct business and the freedom of contract, which are protected by Article 16 of the Charter, the right to property, protected by Article 17 of the Charter, the right to collective bargaining and action, protected by Article 28 of the Charter and the right to an effective judicial remedy and to a fair trial as provided for in Article 47 of the Charter.











Amendment 49


Proposal for a regulation


Recital 41 i








Text proposed by the Commission




Amendment





 










(41i)






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.











Amendment 50


Proposal for a regulation


Recital 41 j (new)








Text proposed by the Commission




Amendment





 










(41j)






The Commission should carry out an evaluation of the effectiveness of this Regulation and submit a report to the European Parliament and the Council, including an evaluation of the work of the Board, stress tests, training and crisis protocols, the criteria for the activation of the emergency mode as well as the use of digital tools. Furthermore, reports should be submitted after the deactivation of the emergency modes. Those reports should include an evaluation of the functioning of the emergency response system and of the impact of the emergency measures on fundamental rights, such as the freedom to conduct business, the freedom to seek employment and to work, and the right to collective bargaining and action, including the right to strike. This Regulation should not be interpreted as affecting the right of collective bargaining and the right to take collective action in accordance with the Charter of Fundamental Rights of the European Union (‘the Charter’), including the right of workers and employees to take collective action to defend their interests, including strike action. Furthermore, this Regulation should not affect the autonomy of the social partners as recognised by the TFEU.











Amendment 51


Proposal for a regulation


Recital 41 k (new)








Text proposed by the Commission




Amendment





 










(41k)






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











Amendment 52


Proposal for a regulation


Recital 41 l (new)








Text proposed by the Commission




Amendment





 










(41l)






The Union framework should include interregional elements to establish coherent, multi-sectoral, cross-border internal market vigilance and emergency response measures, in particular considering the resources, capacities and vulnerabilities across neighbouring regions, specifically border regions.











Amendment 53


Proposal for a regulation


Recital 41 m (new)








Text proposed by the Commission




Amendment





 










(41m)






In order to put in place a framework of crisis protocols, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission to supplement this Regulation by further specifying the modalities of cooperation of the Member States and Union authorities during the internal market vigilance and emergency modes, as well as the modalities of the secure exchange of information and of the risk and crisis communication. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making . In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.











Amendment 54


Proposal for a regulation


Recital 41 n (new)








Text proposed by the Commission




Amendment





 










(41n)






Council Regulation (EC) No 2679/98 provides for a mechanism for bilateral discussions and notification of obstacles to the functioning of the internal market. In order to avoid the duplication of notification requirements in crisis situations, that Regulation should therefore be amended accordingly. Regulation (EC) No 2679/98 should not in any way affect the exercise of fundamental rights as recognised at Union level, including the right or freedom to strike or to take other action covered by the specific industrial relations systems in Member States, in accordance with national law. It should also be without prejudice to the right to negotiate, to conclude and enforce collective agreements, or to take collective action in accordance with national law.











Amendment 55


Proposal for a regulation


Article 1 — paragraph 1








Text proposed by the Commission




Amendment






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




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






Amendment 56


Proposal for a regulation


Article 1 — paragraph 2








Text proposed by the Commission




Amendment








2.
   
The measures referred to in paragraph 1 include:







deleted














(a)






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








 












(b)






measures for obtaining, sharing and exchanging the relevant information;








 












(c)






contingency measures aiming at anticipation and planning;








 












(d)






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








 












(e)






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








 





Amendment 57


Proposal for a regulation


Article 1 — paragraph 3








Text proposed by the Commission




Amendment








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







deleted







Amendment 58


Proposal for a regulation


Article 1 — paragraph 4








Text proposed by the Commission




Amendment








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







deleted







Amendment 59


Proposal for a regulation


Article 2 — title








Text proposed by the Commission




Amendment





Scope 
of application




Scope





Amendment 60


Proposal for a regulation


Article 2 — paragraph 1








Text proposed by the Commission




Amendment






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




1.   The measures set out in this Regulation apply in relation to significant impacts of a crisis on the functioning of the 
internal
 market
, without prejudice to fundamental rights, including the freedom to conduct business, as laid down in the Charter of Fundamental Rights of the European Union
.






Amendment 61


Proposal for a regulation


Article 2 — paragraph 2 — point a








Text proposed by the Commission




Amendment











(a)


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












(a)


medicinal products as defined in Article 
1, point
 2 of Directive 2001/83/EC 
of the European Parliament and of the Council
;









Amendment 62


Proposal for a regulation


Article 2 — paragraph 2 — point c








Text proposed by the Commission




Amendment











(c)


other medical countermeasures as defined in Article 3, point 
(8)
, of Regulation (EU) 
…/… on Serious Cross-Border Threats to Health [the SCBTH Regulation]



 (44)



and included in the list established in accordance with Article 6(1)
 of the 
proposal for]
 Council 
Regulation (EU) …/… on a framework of measures for ensuring the supply of crisis-relevant medical countermeasures



 (45)

;












(c)


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

 (45)

;









Amendment 63


Proposal for a regulation


Article 2 — paragraph 2 — point f








Text proposed by the Commission




Amendment











(f)


financial services, such as banking, credit, insurance and re-insurance, occupational or personal pensions, securities, investment funds, payment and investment advice, including the services listed in Annex I to Directive 
2013/36
, as well as settlement and clearing activities and advisory, intermediation and other auxiliary financial services.












(f)


financial services, such as banking, credit, insurance and re-insurance, occupational or personal pensions, securities, investment funds, payment and investment advice, including the services listed in Annex I to Directive 
2013/36/EU
, as well as settlement and clearing activities and advisory, intermediation and other auxiliary financial services.









Amendment 64


Proposal for a regulation


Article 2 — paragraph 3








Text proposed by the Commission




Amendment






3.   By way of derogation from paragraph 2, points (a), (b) and (c), Articles 16 to 20 and 
Article 41 of this Regulation
 shall apply to the products referred to in those points.




3.   By way of derogation from paragraph 2, points (a), (b) and (c), Articles 16 to 20 and 
Articles 41 to 41c
 shall apply to the products referred to in those points.






Amendment 65


Proposal for a regulation


Article 2 — paragraph 3 a (new)








Text proposed by the Commission




Amendment





 





3a.
   
This Regulation is without prejudice to the Integrated Political Crisis Response arrangements set out in Council Implementing Decision (EU) 2018/1993.








Amendment 66


Proposal for a regulation


Article 2 — paragraph 5








Text proposed by the Commission




Amendment






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




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






Amendment 67


Proposal for a regulation


Article 2 — paragraph 6 — introductory part








Text proposed by the Commission




Amendment






6.   This Regulation is without prejudice to 
the Commission:






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








Amendment 68


Proposal for a regulation


Article 2 — paragraph 6 — point a








Text proposed by the Commission




Amendment













(a)






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










deleted







Amendment 69


Proposal for a regulation


Article 2 — paragraph 6 — point b








Text proposed by the Commission




Amendment













(b)






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



 (48)



.










deleted







Amendment 70


Proposal for a regulation


Article 2 — paragraph 6 a (new)








Text proposed by the Commission




Amendment





 





6a.
   
This Regulation shall not in any way affect the exercise of fundamental rights as recognised by the Member States and at Union level, including the right to strike or the right to take other action covered by the specific industrial relations systems in Member States, in accordance with national law and practice. It also should not affect the right to negotiate, to conclude and enforce collective agreements, or to take collective action in accordance with national law and practice.








Amendment 71


Proposal for a regulation


Article 2 — paragraph 7








Text proposed by the Commission




Amendment








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







deleted







Amendment 72


Proposal for a regulation


Article 2 — paragraph 8








Text proposed by the Commission




Amendment








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







deleted







Amendment 73


Proposal for a regulation


Article 3 — paragraph 1 — point 1








Text proposed by the Commission




Amendment











(1)


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












(1)


‘crisis’ means an exceptional, natural or man-made event of extraordinary nature and scale that takes place inside or outside of the Union
, which has a detrimental impact on the free movement of goods, services or persons in the internal market
;









Amendment 74


Proposal for a regulation


Article 3 — paragraph 1 — point 2








Text proposed by the Commission




Amendment











(2)


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












(2)


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









Amendment 75


Proposal for a regulation


Article 3 — paragraph 1 — point 3








Text proposed by the Commission




Amendment











(3)


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












(3)


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









Amendment 76


Proposal for a regulation


Article 3 — paragraph 1 — point 4








Text proposed by the Commission




Amendment











(4)


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












(4)


‘
critically
 important areas’ means areas 
that are of
 critical importance to the Union and its Member States 
and that
 are of systemic and vital importance for public security, public safety, public order, public health 
or the environment
, and the disruption, failure, loss or destruction of which would have a significant impact on the functioning of the 
internal
 market
, in particular on the free movement of goods, services or persons
;









Amendment 77


Proposal for a regulation


Article 3 — paragraph 1 — point 5








Text proposed by the Commission




Amendment











(5)


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












(5)


‘goods, services 
and workers of critical
 importance’ means goods, services 
and categories of workers
 that are indispensable for ensuring the functioning of the 
internal
 market in 
critically
 important areas and which cannot be substituted or
, where relevant,
 diversified;









Amendment 78


Proposal for a regulation


Article 3 — paragraph 1 — point 6








Text proposed by the Commission




Amendment











(6)


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












(6)


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









Amendment 79


Proposal for a regulation


Article 3 — paragraph 1 — point 7








Text proposed by the Commission




Amendment











(7)


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












(7)


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









Amendment 80


Proposal for a regulation


Article 4 — title








Text proposed by the Commission




Amendment







Advisory group






Internal Market Emergency and Resilience Board







Amendment 81


Proposal for a regulation


Article 4 — paragraph 1








Text proposed by the Commission




Amendment






1.   An 
advisory group
 is established.




1.   An 
Internal Market Emergency and Resilience Board (the Board)
 is established.






Amendment 82


Proposal for a regulation


Article 4 — paragraph 2








Text proposed by the Commission




Amendment






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




2.   The 
Board
 shall be composed of one representative from each Member State 
and one expert appointed by the European Parliament
. Each Member State shall nominate a representative and an alternate representative.






Amendment 83


Proposal for a regulation


Article 4 — paragraph 3








Text proposed by the Commission




Amendment






3.   The Commission shall chair the 
advisory group and ensure
 its secretariat. The Commission may 
invite a representative
 of the 
European Parliament, representatives of EFTA States that are contracting parties to the Agreement on the European Economic Area



 (49)



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






Amendment 84


Proposal for a regulation


Article 4 — paragraph 3 a (new)








Text proposed by the Commission




Amendment





 





3a.
   
The Commission shall invite representatives of other crisis-relevant bodies at Union level as observers to the relevant meetings of the Board, as well as representatives of third countries or international organisations, in accordance with bilateral or international agreements. Where relevant, the Commission shall also invite organisations representing interested parties, in particular representatives of economic operators, stakeholder organisations and social partners, to attend the meetings of the Board as observers. The Commission may also invite experts with a specific competence in a crisis-relevant subject to participate in the work of the Board on an ad hoc basis.








Amendment 85


Proposal for a regulation


Article 4 — paragraph 3 b (new)








Text proposed by the Commission




Amendment





 





3b.
   
The Board may adopt opinions, recommendations or reports, which shall be made publicly available, without prejudice to personal data or trade secrets. The Commission shall take utmost account of opinions, recommendations or reports of the Board in a transparent manner.








Amendment 86


Proposal for a regulation


Article 4 — paragraph 4 — introductory part








Text proposed by the Commission




Amendment






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




4.   
In order to strengthen the resilience of the internal market,
 for the purpose of contingency planning under Articles 6 to 8, the 
Board
 shall assist and advise the Commission as regards the following tasks:






Amendment 87


Proposal for a regulation


Article 4 — paragraph 4 — point a








Text proposed by the Commission




Amendment











(a)


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












(a)


proposing arrangements for administrative cooperation between the Commission and the Member States at the time of the 
internal
 market vigilance and emergency modes that would be contained in the crisis protocols 
referred to in Article 6
;









Amendment 88


Proposal for a regulation


Article 4 — paragraph 4 — point b








Text proposed by the Commission




Amendment











(b)




assessingment of significant
 incidents that the Member States have alerted the Commission to.












(b)




assessing
 incidents that the Member States 
or other relevant stakeholders
 have alerted the Commission to 
in accordance with in Article 8 and their impact on the free movement of goods, services and persons, including workers;











Amendment 89


Proposal for a regulation


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








Text proposed by the Commission




Amendment





 










(ba)






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











Amendment 90


Proposal for a regulation


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








Text proposed by the Commission




Amendment





 










(bb)






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











Amendment 91


Proposal for a regulation


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








Text proposed by the Commission




Amendment





 










(bc)






consulting the representatives of economic operators, including SMEs, and representative organisations, as well as, where relevant, social partners, in order to collect market intelligence;











Amendment 92


Proposal for a regulation


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








Text proposed by the Commission




Amendment





 










(bd)






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











Amendment 93


Proposal for a regulation


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








Text proposed by the Commission




Amendment





 










(be)






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











Amendment 94


Proposal for a regulation


Article 4 — paragraph 4 — point b f (new)








Text proposed by the Commission




Amendment





 










(bf)






taking measures to strengthen the internal market’s resilience in accordance with this Regulation, such as organising trainings and simulations, and identifying relevant economic operators and supply chains as part of stress tests.











Amendment 95


Proposal for a regulation


Article 4 — paragraph 5 — introductory part








Text proposed by the Commission




Amendment






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




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






Amendment 96


Proposal for a regulation


Article 4 — paragraph 5 — point a








Text proposed by the Commission




Amendment











(a)


establishing whether the threat referred to in Article 3(2) 
is present
, and the scope of such threat;












(a)


establishing whether 
the criteria are present for the activation or deactivation of the vigilance mode and in particular
 the threat referred to in Article 3(2), and the scope of such threat;









Amendment 97


Proposal for a regulation


Article 4 — paragraph 5 — point b








Text proposed by the Commission




Amendment













(b)






gathering foresight, data analysis and market intelligence;










deleted







Amendment 98


Proposal for a regulation


Article 4 — paragraph 5 — point c








Text proposed by the Commission




Amendment













(c)






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










deleted







Amendment 99


Proposal for a regulation


Article 4 — paragraph 5 — point d








Text proposed by the Commission




Amendment













(d)






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










deleted







Amendment 100


Proposal for a regulation


Article 4 — paragraph 5 — point e








Text proposed by the Commission




Amendment











(e)


facilitating exchanges and sharing of information, including with other relevant bodies and other crisis-relevant bodies at Union level, as well 
asthird
 countries, as appropriate, with particular attention paid to developing countries, and international organisations;












(e)


facilitating exchanges and sharing of information, including with other relevant bodies and other crisis-relevant bodies at Union level, as well 
as third
 countries, as appropriate, with particular attention paid to developing countries, and international organisations;









Amendment 101


Proposal for a regulation


Article 4 — paragraph 5 — point f








Text proposed by the Commission




Amendment













(f)






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










deleted







Amendment 102


Proposal for a regulation


Article 4 — paragraph 6 — introductory part








Text proposed by the Commission




Amendment






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




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






Amendment 103


Proposal for a regulation


Article 4 — paragraph 6 — point b








Text proposed by the Commission




Amendment











(b)


establishing whether the criteria for activation or deactivation of the emergency mode have been fulfilled;












(b)


establishing whether the criteria for activation or deactivation of the emergency mode have been fulfilled
, based on sufficient and reliable evidence
;









Amendment 104


Proposal for a regulation


Article 4 — paragraph 6 — point c








Text proposed by the Commission




Amendment











(c)


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












(c)


advising on the implementation of the measures chosen to respond to 
the internal
 market emergency at Union level;









Amendment 105


Proposal for a regulation


Article 4 — paragraph 6 — point e








Text proposed by the Commission




Amendment











(e)


facilitating exchanges and sharing of information, including with other crisis-relevant bodies at Union level, as well as, as appropriate, third countries, with particular attention paid to developing countries, and international organisations.












(e)


facilitating exchanges and sharing of information, including with other crisis-relevant bodies at Union level, as well as, as appropriate, third countries, with particular attention paid to 
EFTA members, candidate countries and
 developing countries, and international organisations.









Amendment 106


Proposal for a regulation


Article 4 — paragraph 7








Text proposed by the Commission




Amendment






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




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






Amendment 107


Proposal for a regulation


Article 4 — paragraph 8








Text proposed by the Commission




Amendment






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




8.   The 
Board
 shall meet at least three times a year. At its first meeting, 
the Board
 shall adopt its rules of procedure.






Amendment 108


Proposal for a regulation


Article 4 — paragraph 8 a (new)








Text proposed by the Commission




Amendment





 





8a.
   
The Board shall, in cooperation with the Commission, adopt annually its activity report and transmit it to the European Parliament and the Council.








Amendment 109


Proposal for a regulation


Article 4 — paragraph 9








Text proposed by the Commission




Amendment








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







deleted







Amendment 110


Proposal for a regulation


Article 4 a (new)








Text proposed by the Commission




Amendment





 




Article 4a






 




Emergency and Resilience Dialogue






 





1.
   
In order to enhance dialogue between the Union institutions, in particular the European Parliament, the Council and the Commission, and to ensure greater transparency and accountability, the European Parliament may invite its appointed expert and the Commission to discuss the following:







 










(a)






opinions, recommendations and reports adopted by the Board;










 










(b)






the outcome of the stress tests;










 










(c)






the activation of the vigilance mode, its extension and deactivation, and any measures adopted pursuant to Part III;










 










(d)






the activation of the emergency mode, its extension and deactivation and any measures adopted pursuant Part IV;










 










(e)






any measures restricting the free movement of goods, services and workers;










 





2.
   
The European Parliament may invite Member States’ representatives to participate in the dialogue referred to in paragraph 1.








Amendment 111


Proposal for a regulation


Article 5 — paragraph 1








Text proposed by the Commission




Amendment






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




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








Amendment 112


Proposal for a regulation


Article 5 — paragraph 2








Text proposed by the Commission




Amendment






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




2.   The Commission shall designate a Union level central liaison office for contacts with the central liaison offices of the Member States during the 
internal
 market vigilance and emergency modes under this Regulation
, and where applicable with other bodies at Union level that are relevant to the respective crisis
. The Union level central liaison office shall ensure the coordination and information exchange with the central liaison offices of the Member States for the management of the 
internal
 market vigilance and emergency modes
, including as regards crisis relevant information, to be made publicly available pursuant to Article 41
.






Amendment 113


Proposal for a regulation


Article 6 — paragraph 1 — introductory part








Text proposed by the Commission




Amendment






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




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






Amendment 114


Proposal for a regulation


Article 6 — paragraph 1 — point a








Text proposed by the Commission




Amendment











(a)


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












(a)


cooperation between national 
competent authorities, including those at local and regional level,
 and Union level competent authorities for the management of the 
internal
 market vigilance and emergency modes;









Amendment 115


Proposal for a regulation


Article 6 — paragraph 1 — point c








Text proposed by the Commission




Amendment











(c)


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












(c)


a coordinated approach to crisis communication also vis-à-vis the public 
and relevant stakeholders, including economic operators,
 with a coordinating role for the Commission.









Amendment 116


Proposal for a regulation


Article 6 — paragraph 1 — point d








Text proposed by the Commission




Amendment













(d)






the management of the framework.










deleted







Amendment 117


Proposal for a regulation


Article 6 — paragraph 2 — point a








Text proposed by the Commission




Amendment











(a)


an inventory of 
relevant
 national competent authorities, the central liaison offices designated in accordance with Article 5 and single points of contact referred to in Article 21, their contact details, assigned roles and responsibilities during the vigilance and emergency modes 
of
 this Regulation 
under
 national law;












(a)


an inventory of national competent authorities, the central liaison offices designated in accordance with Article 5 and 
the
 single points of contact referred to in Article 21, their contact details, assigned roles and responsibilities during the vigilance and emergency modes 
under
 this Regulation
, in accordance with
 national law;









Amendment 118


Proposal for a regulation


Article 6 — paragraph 2 — point b








Text proposed by the Commission




Amendment











(b)


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












(b)


consultation of the representatives of economic operators, including SMEs, on their initiatives and actions to mitigate and respond to potential 
internal
 market 
emergencies
;









Amendment 119


Proposal for a regulation


Article 6 — paragraph 2 — point b a (new)








Text proposed by the Commission




Amendment





 










(ba)






consultation of social partners on the implications on the free movement of workers in the areas of critical importance;











Amendment 120


Proposal for a regulation


Article 6 — paragraph 2 — point c








Text proposed by the Commission




Amendment











(c)


technical level cooperation in the vigilance and emergency modes across the sectors of the 
Single
 Market;












(c)


technical level cooperation in the vigilance and emergency modes across the sectors of the 
internal
 market;









Amendment 121


Proposal for a regulation


Article 6 — paragraph 2 — point d








Text proposed by the Commission




Amendment











(d)


risk and emergency communication, with a coordinating role for the Commission, 
adequately
 taking into account already existing structures;












(d)


risk and emergency communication, with a coordinating role for the Commission, taking into account already existing structures;









Amendment 122


Proposal for a regulation


Article 6 — paragraph 2 a (new)








Text proposed by the Commission




Amendment





 





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







 










(a)






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










 










(b)






the role of each participant, the preparatory measures they are to put in place and their role once the crisis protocol has been activated;










 










(c)






the procedure for determining when how the crisis protocol will operate;










 










(d)






actions to mitigate and respond to potential internal market emergencies, strictly limited to what is necessary for addressing them;










 










(e)






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











Amendment 123


Proposal for a regulation


Article 6 — paragraph 3








Text proposed by the Commission




Amendment








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







deleted







Amendment 124


Proposal for a regulation


Article 7 — paragraph 1








Text proposed by the Commission




Amendment





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










1.




The Commission shall 
develop and regularly
 organise 
training
 on crisis 
preparation,
 coordination, cooperation
, communication
 and information exchange 
as
 referred to in Article 6 for the staff of the designated central liaison offices 
and economic operators
. It shall organise simulations involving the staff of the central liaison offices 
as well as other relevant actors, including economic operators, or bodies involved in the prevention of, preparedness for and response to internal
 market emergencies.









Amendment 125


Proposal for a regulation


Article 7 — paragraph 1 a (new)








Text proposed by the Commission




Amendment





 










1a.





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









 










(a)






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










 










(b)






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










 










(c)






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










 










(d)






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











Amendment 126


Proposal for a regulation


Article 7 — paragraph 1 b (new)








Text proposed by the Commission




Amendment





 










1b.





At the request of a Member State facing a disruption, the Commission may deploy an expert team on site to provide advice on preparedness and response measures, taking particular account of the needs and interests of that Member State.










Amendment 127


Proposal for a regulation


Article 7 a (new)








Text proposed by the Commission




Amendment





 




Article 7a






 




Stress tests






 





1.
   
In order to ensure the free movement and the availability of goods and services of critical importance and to anticipate, and prepare for disruptions to the internal market, the Commission, taking into consideration the opinion of the Board, shall conduct and coordinate stress tests, including simulations and peer reviews, in particular for critical sectors identified by the Commission.







 




In particular, the Commission shall invite staff from the central liaison offices of all Member States to participate in simulations and shall:






 










(a)






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










 










(b)






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










 










(c)






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










 










(d)






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










 





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







 





3.
   
The Commission shall communicate the results of the stress tests to the Board and publish a report thereon.








Amendment 128


Proposal for a regulation


Article 7 b (new)








Text proposed by the Commission




Amendment





 




Article 7b






 




Mapping of critical sectors






 





1.
   
The Commission taking into due consideration the opinion of the Board and the input of relevant Union level bodies, and after consulting the Member States, is empowered to adopt a delegated act to supplement this Regulation by laying down a methodology for a mapping exercise for determining critical sectors.







 





2.
   
For the purpose of the methodology referred to in paragraph 1, the Commission shall take into account the following:







 










(a)






trade flows;










 










(b)






demand and supply;










 










(c)






concentration of supply;










 










(d)






Union and global production and production capacities at different stages of the value chain.










 










(e)






interdependencies among economic operators, both with operators operating within and outside the internal market.










 





3.
   
The Commission using the methodology referred to in paragraph 1 and taking into consideration the opinion of the board, shall regularly conduct its mapping exercise to identify critical sectors. Those mapping exercises shall be based solely on publicly or commercially available data and relevant non-confidential information from undertakings.







 





4.
   
The Commission shall publish the results of this mapping exercise.








Amendment 129


Proposal for a regulation


Article 8 — paragraph 1








Text proposed by the Commission




Amendment






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




1.   The central liaison office of a Member State shall 
immediately
 notify the Commission and the central liaison offices of other Member States of any 
incident that is likely to lead to an internal
 market 
emergency
.






Amendment 130


Proposal for a regulation


Article 8 — paragraph 2








Text proposed by the Commission




Amendment






2.   The central liaison offices and any relevant national competent authorities shall, in accordance with Union law and national legislation that complies with Union law, treat the information referred to in paragraph 1 in a way that respects its confidentiality, protects the security and public order of the 
European
 Union or its Member States, and protects the security and commercial interests of the economic operators concerned.




2.   The central liaison offices and any relevant national competent authorities shall, in accordance with Union law and national legislation that complies with Union law, 
adopt all measures necessary to
 treat the information referred to in paragraph 1 in a way that respects its confidentiality, protects the security and public order of the Union or its Member States, and protects the security and commercial interests of the economic operators concerned.






Amendment 131


Proposal for a regulation


Article 8 — paragraph 3 — introductory part








Text proposed by the Commission




Amendment






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




3.   In order to determine whether the 
incidents referred to in paragraph 1
 should be the object of an alert, the central liaison office of a Member State shall take the following into account:






Amendment 132


Proposal for a regulation


Article 8 — paragraph 3 — point a








Text proposed by the Commission




Amendment











(a)


the number of economic operators affected 
by the disruption or potential disruption
;












(a)


the number of economic operators affected 
across the Union
;









Amendment 133


Proposal for a regulation


Article 8 — paragraph 3 — point b








Text proposed by the Commission




Amendment











(b)


the duration or anticipated duration of 
a disruption or potential disruption
;












(b)


the duration or anticipated duration of 
the incidents
;









Amendment 134


Proposal for a regulation


Article 8 — paragraph 3 — point c








Text proposed by the Commission




Amendment











(c)


the geographical area; the proportion of the 
Single
 Market affected 
by the disruption or potential disruption
; the impact on 
specific geographical areas
 particularly vulnerable or exposed 
to supply chain disruptions including the EU
 outermost regions;












(c)


the geographical area; the proportion of the 
internal
 market affected 
and its cross-border effects
; the impact on particularly vulnerable or exposed 
geographical areas such as the
 outermost regions;









Amendment 135


Proposal for a regulation


Article 8 — paragraph 3 — point d








Text proposed by the Commission




Amendment











(d)


the effect of 
the disruption or potential disruption
 on non-diversifiable and non-substitutable inputs.












(d)


the effect of 
those incidents
 on non-diversifiable and non-substitutable inputs.









Amendment 136


Proposal for a regulation


Article 8 a (new)








Text proposed by the Commission




Amendment





 




Article 8a






 




Strategic reserves






 





1.
   
Member States shall make best efforts to build up strategic reserves of goods of critical importance. The Commission shall provide support to Member States in order to assist them in coordinating and streamlining their efforts. In particular, the Commission shall ensure coordination and information exchange, and shall promote solidarity between national competent authorities in relation to shortages of crisis-relevant goods or services, or building strategic reserves for goods of critical importance. Capacities which are part of the rescEU reserve in accordance with Article 12 of Decision No 1313/2013/EU shall be excluded from the application of this Article.







 





2.
   
The exchange of information and best practices referred to in paragraph 1 may cover in particular:







 










(a)






the probability and the potential impact of the shortages referred to in paragraph 1;










 










(b)






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










 










(c)






the cost of building and maintaining such strategic reserves;










 










(d)






the options for alternative supply and the potential for alternative supply;










 










(e)






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










 




Such information and best practices shall be exchanged through a secure channel of communication.







Amendment 137


Proposal for a regulation


Part III — title








Text proposed by the Commission




Amendment







Single
 Market Vigilance




Internal m
arket 
v
igilance 
mode







Amendment 138


Proposal for a regulation


Article 9 — paragraph 1 — introductory part








Text proposed by the Commission




Amendment






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




1.   Where the Commission, taking into 
due
 consideration the opinion provided by the 
Board, as well as the criteria set out in Article 8(3)
, considers that the 
conditions laid down
 in Article 3(2) 
are fulfilled
, it shall activate the vigilance mode for a maximum duration of six months by means of an implementing act. 
Where the consideration of the Commission diverges from the opinion of the Board, the Commission shall provide a substantiated justification.
 Such an implementing act shall contain the following:






Amendment 139


Proposal for a regulation


Article 9 — paragraph 1 — point a








Text proposed by the Commission




Amendment











(a)


an assessment of the potential impact of the crisis;












(a)


an assessment of the potential impact of the 
expected
 crisis
, including the specific situation of border regions and outermost regions
;









Amendment 140


Proposal for a regulation


Article 9 — paragraph 1 — point b








Text proposed by the Commission




Amendment











(b)


list of the goods 
and
 services 
of strategic
 importance concerned, and












(b)




a
 list of the goods, services 
and categories of workers of critical
 importance concerned, and









Amendment 141


Proposal for a regulation


Article 9 — paragraph 1 — point c








Text proposed by the Commission




Amendment











(c)


the vigilance measures to be taken.












(c)


the vigilance measures to be taken
, including a justification regarding the necessity and proportionality of such measures
.









Amendment 142


Proposal for a regulation


Article 10 — paragraph 1








Text proposed by the Commission




Amendment






1.   The Commission, if it considers that the reasons for activating the vigilance mode pursuant to Article 9(1) remain valid, and taking into consideration the opinion provided by the 
advisory group
, may extend the vigilance mode for a maximum duration of six months by means of an implementing act.




1.   The Commission, if it considers that the reasons for activating the vigilance mode pursuant to Article 9(1) remain valid, and taking into 
due
 consideration the opinion provided by the 
Board
, may extend the vigilance mode for a maximum duration of six months by means of an implementing act. 
Where the Board has concrete and reliable evidence that the vigilance mode should be deactivated, it may adopt an opinion to that effect, and communicate it to the Commission.








Amendment 143


Proposal for a regulation


Article 10 — paragraph 2








Text proposed by the Commission




Amendment






2.   Where the Commission, taking into consideration the opinion provided by the 
advisory group
, finds that the 
threat referred to
 in Article 3(2) 
is
 no longer 
present,
 with respect to some or all vigilance measures or for some or all of the goods 
and
 services, it shall deactivate the vigilance mode in full or in part by means of an implementing act.




2.   Where the Commission, taking into 
due
 consideration the opinion provided by the 
Board
, finds that the 
conditions laid down
 in Article 3(2) 
are
 no longer 
fulfilled
 with respect to some or all vigilance measures or for some or all of the goods, services 
and categories of workers
, it shall deactivate the vigilance mode in full or in part by means of an implementing act.






Amendment 144


Proposal for a regulation


Article 11 — paragraph 1








Text proposed by the Commission




Amendment






1.   When the vigilance mode has been activated in accordance with Article 9, national competent authorities shall monitor the supply chains of goods and services of 
strategic
 importance that have been identified in the implementing act activating the vigilance mode.




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 
critical importance and the free movement of categories of workers of critical
 importance that have been identified in the implementing act activating the vigilance mode.






Amendment 145


Proposal for a regulation


Article 11 — paragraph 2








Text proposed by the Commission




Amendment






2.   The Commission shall provide for standardised and secure means for the collection and processing of information for the purpose of paragraph 1, using electronic means. Without prejudice to national legislation requiring collected information including business secrets to be kept confidential, confidentiality with regard to the commercially sensitive 
informationand
 information affecting the security and public order of the Union or its Member States shall be ensured.




2.   The Commission shall provide for standardised and secure means for the collection and processing of information for the purpose of paragraph 1, using electronic means. Without prejudice to national legislation requiring collected information including business secrets to be kept confidential, confidentiality with regard to the commercially sensitive 
information and
 information affecting the security and public order of the Union or its Member States shall be ensured.






Amendment 146


Proposal for a regulation


Article 11 — paragraph 3








Text proposed by the Commission




Amendment






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




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








Amendment 147


Proposal for a regulation


Article 11 — paragraph 4








Text proposed by the Commission




Amendment






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 
paragraph 3
, national competent authorities shall
, where necessary,
 address requests for voluntary provision of information to the most relevant operators along the supply chains of goods and services 
of critical importance as
 identified in the implementing act adopted pursuant to Article 9 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 
critical
 importance is requested. Each economic 
operator
 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 
Board
 without undue delay via the respective central liaison office.






Amendment 148


Proposal for a regulation


Article 11 — paragraph 5








Text proposed by the Commission




Amendment






5.   National competent authorities shall have due regard to the administrative burden on economic operators and in particular SMEs, which may be associated with requests for information and ensure 
it
 is kept to a minimum.




5.   National competent authorities shall have due regard to the administrative burden on economic operators and in particular SMEs, which may be associated with requests for information, and ensure 
that such administrative burden
 is kept to a minimum 
and that the confidentiality of the information is respected
.






Amendment 149


Proposal for a regulation


Article 11 — paragraph 6








Text proposed by the Commission




Amendment






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 may ask the 
Board
 to discuss the findings and prospects of evolution based on the monitoring of supply chains of goods and services of 
critical
 importance.






Amendment 150


Proposal for a regulation


Article 11 — paragraph 7








Text proposed by the Commission




Amendment






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 present
 a report 
to the European Parliament and the Council
 of the aggregated findings.






Amendment 151


Proposal for a regulation


Article 11 — paragraph 7 a (new)








Text proposed by the Commission




Amendment





 





7a.
   
The Commission may require, by means of implementing acts, that the Member States provide the following information on the goods of critical importance listed in an implementing act adopted pursuant to Article 9(1):







 










(a)






the levels of strategic reserves in their territory;










 










(b)






any potential for further purchase.











Amendment 152


Proposal for a regulation


Article 11 — paragraph 7 b (new)








Text proposed by the Commission




Amendment





 





7b.
   
Before adopting the implementing act, the Commission shall:







 










(a)






demonstrate it has no other access to such information and justify its need; and










 










(b)






request the opinion of the Board.










 




Where the consideration of the Commission diverges from the opinion of the Board, the Commission shall also provide a substantiated justification.







Amendment 153


Proposal for a regulation


Article 11 — paragraph 7 c (new)








Text proposed by the Commission




Amendment





 





7c.
   
The implementing act shall specify the goods for which information is to be given.








Amendment 154


Proposal for a regulation


Article 11 — paragraph 7 d (new)








Text proposed by the Commission




Amendment





 





7d.
   
The request for information cannot exceed a period of six months and cannot be renewed.








Amendment 155


Proposal for a regulation


Article 12








Text proposed by the Commission




Amendment





[…]




deleted







Amendment 156


Proposal for a regulation


Part IV — title








Text proposed by the Commission




Amendment







Single M
arket 
E
mergency




Internal m
arket 
e
mergency





Amendment 157


Proposal for a regulation


Article 13 — paragraph 1 — introductory part








Text proposed by the Commission




Amendment






1.   When assessing the severity of a disruption for the purposes of ascertaining whether the impact of a crisis on the 
Single
 Market qualifies as 
a Single
 Market emergency, the Commission shall, based on concrete and reliable evidence, 
taking
 into account at least the following indicators:




1.   When assessing the severity of a disruption for the purposes of ascertaining whether the impact of a crisis on the 
internal
 market qualifies as 
an internal
 market emergency, the Commission shall, based on concrete and reliable evidence, 
take
 into account at least the following indicators:






Amendment 158


Proposal for a regulation


Article 13 — paragraph 1 — point a








Text proposed by the Commission




Amendment











(a)


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












(a)


the crisis has 
triggered the
 activation of 
a
 relevant Council crisis response mechanism, 
including the Integrated Political Crisis Response, the
 Union Civil Protection Mechanism or 
any of
 the mechanisms set up within the EU Health Security Framework, including 
the emergency framework under
 Regulation (EU) 
2022/2372
;









Amendment 159


Proposal for a regulation


Article 13 — paragraph 1 — point b








Text proposed by the Commission




Amendment











(b)


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












(b)


an estimation of the number 
or market share and market demand
 of economic operations or users relying on the disrupted sector or sectors of the 
internal
 market for the provision of the goods or services concerned;









Amendment 160


Proposal for a regulation


Article 13 — paragraph 1 — point c








Text proposed by the Commission




Amendment











(c)


the importance of the goods 
or
 services concerned for other sectors;












(c)


the 
critical
 importance of the goods, services 
or workers
 concerned for other sectors;









Amendment 161


Proposal for a regulation


Article 13 — paragraph 1 — point c a (new)








Text proposed by the Commission




Amendment





 










(ca)






the estimated shortage of goods and services in the internal market;











Amendment 162


Proposal for a regulation


Article 13 — paragraph 1 — point d








Text proposed by the Commission




Amendment











(d)


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












(d)


the 
actual or potential impact of the crisis
 in terms of degree and duration on economic and 
vital
 societal activities, the environment and public safety;









Amendment 163


Proposal for a regulation


Article 13 — paragraph 1 — point e








Text proposed by the Commission




Amendment











(e)


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












(e)




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









Amendment 164


Proposal for a regulation


Article 13 — paragraph 1 — point g








Text proposed by the Commission




Amendment











(g)


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












(g)


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









Amendment 165


Proposal for a regulation


Article 13 — paragraph 1 — point i








Text proposed by the Commission




Amendment











(i)


the absence of substitute goods, inputs or services.












(i)


the absence 
or shortages
 of substitute 
for crisis-relevant
 goods, inputs or services;









Amendment 166


Proposal for a regulation


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








Text proposed by the Commission




Amendment





 










(ia)






the introduction of travel restrictions or border controls.











Amendment 167


Proposal for a regulation


Article 14 — paragraph 1








Text proposed by the Commission




Amendment






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




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






Amendment 168


Proposal for a regulation


Article 14 — paragraph 2








Text proposed by the Commission




Amendment






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




2.   Where the Commission, taking into 
due
 consideration the opinion 
of the Board
, considers 
that
 there is 
an internal
 market emergency, it shall 
adopt a legislative proposal
 to activate the 
internal
 market emergency mode.






Amendment 169


Proposal for a regulation


Article 14 — paragraph 3








Text proposed by the Commission




Amendment






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




3.   The 
internal
 market emergency mode 
may be activated
 by means of a 
legislative act adopted on the basis of the legislative proposal referred to in paragraph 2
. The duration of the activation 
shall
 be specified in 
that legislative
 act, and shall be 
restricted to
 a maximum of six months.






Amendment 170


Proposal for a regulation


Article 14 — paragraph 4








Text proposed by the Commission




Amendment






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




4.   The activation of the 
internal
 market emergency mode regarding certain goods and services does not prevent the activation or continued application of the vigilance mode and deployment of the measures laid down in 
Article 8a
 regarding the same goods and services.






Amendment 171


Proposal for a regulation


Article 14 — paragraph 5








Text proposed by the Commission




Amendment






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




5.   
When proposing the activation of the internal
 market emergency mode, the Commission shall 
present
 a list of crisis-relevant goods and services
. As soon as the internal market emergency mode is activated by means of the legislative act referred to in paragraph 3, the Commission shall, without delay, adopt such a list
 by means of an implementing act. 
That
 list may be amended by means of implementing acts.






Amendment 172


Proposal for a regulation


Article 14 — paragraph 6








Text proposed by the Commission




Amendment






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




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






Amendment 173


Proposal for a regulation


Article 15 — paragraph 1








Text proposed by the Commission




Amendment






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




1.   Where the Commission considers, taking into 
due
 consideration the opinion provided by the 
Board and based on the grounds referred to in Article 14(2)
, that an extension of the 
internal
 market emergency mode is necessary, it shall propose to the 
European Parliament and the
 Council to extend the 
internal
 market emergency mode. Subject to urgent and exceptional changes in circumstances, the Commission shall endeavour to do so no later than 30 days before the expiry of the period for which the 
internal
 market emergency mode has been activated.





 




The internal
 market emergency mode 
may be extended
 by means of 
a legislative act on the basis of the legislative proposal referred to in the first subparagraph
. 
The duration of the extension shall be specified in that legislative act, and shall be restricted to a maximum of six months.







Amendment 174


Proposal for a regulation


Article 15 — paragraph 2








Text proposed by the Commission




Amendment






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




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






Amendment 175


Proposal for a regulation


Article 15 — paragraph 3








Text proposed by the Commission




Amendment






3.   The measures taken in accordance with Articles 24 to 33 
and pursuant to the emergency procedures introduced in the respective Union legal frameworks by means of the amendments to sectorial product legislation set out in Regulation of the European Parliament and of the Council amending Regulation (EU) 2016/424, Regulation (EU) 2016/425, Regulation (EU) 2016/426, Regulation (EU) 2019/1009 and Regulation (EU) No 305/2011 and introducing emergency procedures for the conformity assessment, adoption of common specifications and market surveillance in the context of a Single Market emergency and Directive of the European Parliament and of the Council amending Directives 2000/14/EC, 2006/42/EC, 2010/35/EU, 2013/29/EU, 2014/28/EU, 2014/29/EU, 2014/30/EU, 2014/31/EU, 2014/32/EU, 2014/33/EU, 2014/34/EU, 2014/35/EU, 2014/53/EU, and2014/68/EU and introducingas regard emergency procedures for the conformity assessment, adoption of common specifications and market surveillance in the context ofdue to a Single Market
 shall cease to apply upon deactivation of the 
duration of the Single
 Market emergency mode. The Commission shall submit to the Council an assessment on the effectiveness of the measures taken in addressing the 
Single
 Market emergency no later than three months after the expiry of the measures, on the basis of the information gathered via the monitoring mechanism 
foreseen by
 Article 11.




3.   The measures taken in accordance with Articles 24 to 33 shall cease to apply upon deactivation of the 
internal
 market emergency mode. The Commission shall submit to 
the European Parliament and
 the Council an assessment on the effectiveness of the measures taken in addressing the 
internal
 market emergency no later than three months after the expiry of the measures, on the basis of the information gathered via the monitoring mechanism 
set out in
 Article 11.






Amendment 176


Proposal for a regulation


Part IV — Title II — title








Text proposed by the Commission




Amendment





Free movement during the 
Single
 Market emergency


Free movement during the 
internal m
arket emergency





Amendment 177


Proposal for a regulation


Part IV — Title II — Chapter I — title








Text proposed by the Commission




Amendment





Measures 
for re-establishing and
 facilitating free movement


Measures facilitating free movement





Amendment 178


Proposal for a regulation


Article 16 — title








Text proposed by the Commission




Amendment







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




Prohibited restrictions to
 free movement 
during an internal
 market emergency





Amendment 179


Proposal for a regulation


Article 16 — paragraph 1








Text proposed by the Commission




Amendment






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




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






Amendment 180


Proposal for a regulation


Article 16 — paragraph 2








Text proposed by the Commission




Amendment






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




2.   Any 
such
 restriction shall be limited in time and 
immediately
 removed as soon as the 
internal market emergency mode is deactivated or earlier, in the event that the
 restriction 
is no longer justified or proportionate
.






Amendment 181


Proposal for a regulation


Article 16 — paragraph 2 a (new)








Text proposed by the Commission




Amendment





 





2a.
   
Any restriction should take into account the situation of border regions and outermost regions, especially for cross-border workers.








Amendment 182


Proposal for a regulation


Article 16 — paragraph 3








Text proposed by the Commission




Amendment






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




3.   Any requirement imposed on citizens and 
economic operators
 shall not create an undue or unnecessary administrative burden. 
Member States shall take every available measure to limit and reduce any administrative burden.








Amendment 183


Proposal for a regulation


Article 16 — paragraph 3 a (new)








Text proposed by the Commission




Amendment





 





3a.
   
Member States shall not adopt any of the following:







 










(a)






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










 










(b)






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










 










(c)






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










 








 










(i)






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














 








 










(ii)






are directly or indirectly discriminatory based on nationality or the place of residence of the person.















Amendment 184


Proposal for a regulation


Article 17








Text proposed by the Commission




Amendment





[…]




deleted







Amendment 185


Proposal for a regulation


Article 18 — paragraph 1








Text proposed by the Commission




Amendment






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






1.   During the 
internal
 market emergency mode, the Commission may provide for supportive measures to 
facilitate the
 free movement of persons by means of implementing acts.






Amendment 186


Proposal for a regulation


Article 18 — paragraph 2








Text proposed by the Commission




Amendment






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




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






Amendment 187


Proposal for a regulation


Article 18 — paragraph 3








Text proposed by the Commission




Amendment






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




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






Amendment 188


Proposal for a regulation


Article 19 — title








Text proposed by the Commission




Amendment





Notifications


Notifications 
and information







Amendment 189


Proposal for a regulation


Article 19 — paragraph 1 — subparagraph 1








Text proposed by the Commission




Amendment





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


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





Amendment 190


Proposal for a regulation


Article 19 — paragraph 2








Text proposed by the Commission




Amendment






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




2.   Member States shall provide to the Commission a statement 
demonstrating that
 the enactment of such 
measures is non-discriminatory,
 justified and proportionate 
and
, where 
possible, accompanied by concrete evidence
. Member States shall communicate to the Commission the full text of the national legislative or regulatory provisions which contain or are modified by 
such a
 measure.






Amendment 191


Proposal for a regulation


Article 19 — paragraph 4








Text proposed by the Commission




Amendment






4.   The Commission shall communicate the notified measures to the other Member States without delay and shall share them at the same time with the 
advisory group
.




4.   The Commission shall communicate the notified measures to the other Member States without delay and shall share them at the same time with the 
Board
.






Amendment 192


Proposal for a regulation


Article 19 — paragraph 5








Text proposed by the Commission




Amendment






5.   If the 
advisory group
 chooses to deliver an opinion on a notified measure, it shall do so within four working days from the date of receipt 
by the Commission
 of the notification 
concerning that measure
.




5.   If the 
Board
 chooses to deliver an opinion on a notified measure, it shall do so within four working days from the date of receipt of the notification.






Amendment 193


Proposal for a regulation


Article 19 — paragraph 6








Text proposed by the Commission




Amendment






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




6.   The Commission shall ensure that citizens and businesses are informed of the notified measures, unless Member States request that the measures remain confidential 
in accordance with paragraph 15 of this Article
, or the Commission deems disclosure of those measures would affect the security and public 
policy
 of the Union or its Member States, as well as of the decisions and Member States’ comments adopted in accordance with this Article.






Amendment 194


Proposal for a regulation


Article 19 — paragraph 8








Text proposed by the Commission




Amendment






8.   Within 10 days from the date of receipt of the notification, the Commission shall examine the compatibility of any draft or adopted measure with Union law, including 
Articles
 16 
and 17
 of this Regulation as well as the principles of proportionality and non-discrimination, and may provide comments on the notified measure when there are immediately obvious and serious grounds to believe that it does not comply with Union law. Such comments shall be taken into account by the notifying Member State. In exceptional circumstances, in particular to receive scientific advice, evidence or technical expertise in the context of an evolving situation, the period of 10 days may be extended by the Commission. The Commission shall set out the reasons justifying any such extension, shall set a new deadline 
and
 shall inform the Member States about the new deadline and the reasons for the extension without delay.




8.   Within 10 days from the date of receipt of the notification, the Commission shall examine the compatibility of any draft or adopted measure with Union law, including 
Article
 16 of this Regulation as well as the principles of proportionality and non-discrimination, and may provide comments on the notified measure when there are immediately obvious and serious grounds to believe that it does not comply with Union law. Such comments shall be taken into account by the notifying Member State. In exceptional circumstances, in particular to receive scientific advice, evidence or technical expertise in the context of an evolving situation, the period of 10 days may be extended by the Commission. The Commission shall set out the reasons justifying any such extension, 
and
 shall set a new deadline
, which shall not exceed 30 days. It
 shall inform the Member States about the new deadline and the reasons for the extension without delay.






Amendment 195


Proposal for a regulation


Article 19 — paragraph 9








Text proposed by the Commission




Amendment






9.   Member States may also provide comments to the Member State which has notified a measure; that Member State shall take such comments into account.




9.   Member States may also provide comments to the Member State which has notified a measure 
and
 that Member State shall take such comments into account.






Amendment 196


Proposal for a regulation


Article 19 — paragraph 10








Text proposed by the Commission




Amendment






10.   The notifying Member State shall communicate the measures it intends to adopt 
in order to comply
 with the comments delivered in accordance with paragraph 8 to the Commission within 10 days after receiving them.




10.   The notifying Member State shall communicate the measures it intends to adopt 
and a justification on how it complies
 with the comments delivered in accordance with paragraph 8 to the Commission within 10 days after receiving them.






Amendment 197


Proposal for a regulation


Article 19 — paragraph 11








Text proposed by the Commission




Amendment






11.   If the Commission finds that the measures communicated by the notifying Member State are still not in accordance with Union law, it may issue within 
30
 days of that communication, a decision requiring that Member State to refrain from adopting the notified draft measure. The notifying Member State shall communicate the adopted text of a notified draft measure to the Commission without delay.




11.   If the Commission finds that the measures communicated by the notifying Member State are still not in accordance with Union law, it may issue, within 
15
 days of that communication, a decision requiring that Member State 
to modify or
 to refrain from adopting the notified draft measure. The notifying Member State shall communicate the adopted text of a notified draft measure to the Commission without delay.






Amendment 198


Proposal for a regulation


Article 19 — paragraph 12








Text proposed by the Commission




Amendment






12.   If the Commission finds that an already adopted measure that has been notified to it, is not in accordance with Union law, it may issue within 
30
 days of that notification a decision requiring the Member State to abolish it. The notifying Member State shall communicate the text of a revised measure in case it modifies the notified adopted measure without delay.




12.   If the Commission finds that an already adopted measure that has been notified to it, is not in accordance with Union law, it may issue within 
15
 days of that notification a decision requiring the Member State to abolish it. The notifying Member State shall communicate the text of a revised measure in case it modifies the notified adopted measure without delay.






Amendment 199


Proposal for a regulation


Article 19 — paragraph 13








Text proposed by the Commission




Amendment






13.   The period of 
30
 days referred to in paragraphs 11 and 12 may be exceptionally extended by the Commission in order to take account of a change of circumstances, in particular to receive scientific advice, evidence or technical expertise in the context of an evolving situation. The Commission shall set out the reasons justifying any such extension and shall set a new deadline and shall inform the Member States about the new deadline and the reasons for the extension without delay.




13.   The period of 
15
 days referred to in paragraphs 11 and 12 may be exceptionally extended by the Commission in order to take account of a change of circumstances, in particular to receive scientific advice, evidence or technical expertise in the context of an evolving situation. The Commission shall set out the reasons justifying any such extension and shall set a new deadline and shall inform the Member States about the new deadline and the reasons for the extension without delay.






Amendment 200


Proposal for a regulation


Article 19 — paragraph 14








Text proposed by the Commission




Amendment






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




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






Amendment 201


Proposal for a regulation


Article 19 — paragraph 15








Text proposed by the Commission




Amendment






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




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






Amendment 202


Proposal for a regulation


Article 19 — paragraph 16








Text proposed by the Commission




Amendment






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




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






Amendment 203


Proposal for a regulation


Article 19 — paragraph 16 a (new)








Text proposed by the Commission




Amendment





 





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








Amendment 204


Proposal for a regulation


Article 19 — paragraph 16 b (new)








Text proposed by the Commission




Amendment





 





16b.
   
Member States shall inform citizens, consumers, businesses, workers and their representatives and any affected stakeholders, in a clear and unambiguous manner, about measures that affect the free movement of goods, services and persons, including workers and service providers, before their entry into force, in particular through their national single point of contact referred to in Article 21. Member States shall ensure a continuous dialogue with all relevant stakeholders, including social partners and international partners.








Amendment 205


Proposal for a regulation


Article 21 — paragraph 1 — point a








Text proposed by the Commission




Amendment











(a)


assistance in requesting and obtaining information about national restrictions of the free movement of goods, services, persons and workers that are related to an activated 
Single
 Market emergency;












(a)


assistance in requesting and obtaining information about national restrictions of the free movement of goods, services, persons and workers that are related to an activated 
internal
 market emergency 
mode
;









Amendment 206


Proposal for a regulation


Article 21 — paragraph 1 — point b








Text proposed by the Commission




Amendment











(b)


assistance in the performance of any national level crisis procedures and formalities that have been put in place due to the activated 
Single
 Market emergency.












(b)


assistance in the performance of any national level crisis procedures and formalities that have been put in place due to the activated 
internal
 market emergency 
mode;











Amendment 207


Proposal for a regulation


Article 21 — paragraph 1 — point b a (new)








Text proposed by the Commission




Amendment





 










(ba)






assistance in the dissemination of information to citizens, consumers, economic operators and workers and their representatives.











Amendment 208


Proposal for a regulation


Article 21 — paragraph 2








Text proposed by the Commission




Amendment






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




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








Amendment 209


Proposal for a regulation


Article 22 — paragraph 2 — introductory part








Text proposed by the Commission




Amendment






2.   The Union level single point of contact shall provide citizens, consumers, economic operators, workers and their representatives with the following 
assistance
:




2.   The Union level single point of contact shall provide citizens, consumers, 
local and regional authorities,
 economic operators, workers and their representatives with the following:






Amendment 210


Proposal for a regulation


Article 22 — paragraph 2 — point a








Text proposed by the Commission




Amendment











(a)


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












(a)


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









Amendment 211


Proposal for a regulation


Article 22 — paragraph 2 — point b








Text proposed by the Commission




Amendment











(b)


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












(b)


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









Amendment 212


Proposal for a regulation


Article 22 — paragraph 2 — point c








Text proposed by the Commission




Amendment











(c)




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












(c)




assistance in establishing
 a list with all national crisis measures and national contact points.









Amendment 213


Proposal for a regulation


Article 22 — paragraph 2 a (new)








Text proposed by the Commission




Amendment





 





2a.
   
Sufficient human and financial resources shall be allocated to the Union level single point of contact.








Amendment 214


Proposal for a regulation


Title III — title








Text proposed by the Commission




Amendment







Single
 Market emergency response measures




Internal m
arket emergency response measures





Amendment 215


Proposal for a regulation


Article 23 — paragraph 1








Text proposed by the Commission




Amendment






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




1.   Binding measures included in this Chapter may be adopted by the Commission by means of implementing acts 
only when an internal
 market emergency 
mode
 has been activated in accordance with Article 14.






Amendment 216


Proposal for a regulation


Article 23 — paragraph 2








Text proposed by the Commission




Amendment






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




2.   An implementing act introducing a measure included in this Chapter shall clearly and specifically list the crisis-relevant goods and services 
identified in the implementing act adopted in accordance with Article 14(5)
 to which such 
a
 measure applies. That measure shall apply only for the duration of the emergency mode.






Amendment 217


Proposal for a regulation


Article 23 — paragraph 2 a (new)








Text proposed by the Commission




Amendment





 





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








Amendment 218


Proposal for a regulation


Article 24 — paragraph 1








Text proposed by the Commission




Amendment






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




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






Amendment 219


Proposal for a regulation


Article 24 — paragraph 2








Text proposed by the Commission




Amendment






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




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






Amendment 220


Proposal for a regulation


Article 24 — paragraph 3 — introductory part








Text proposed by the Commission




Amendment






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




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






Amendment 221


Proposal for a regulation


Article 24 — paragraph 3 — point a








Text proposed by the Commission




Amendment











(a)


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














(a)


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









Amendment 222


Proposal for a regulation


Article 24 — paragraph 3 — point b








Text proposed by the Commission




Amendment











(b)




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














(b)




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











Amendment 223


Proposal for a regulation


Article 24 — paragraph 4








Text proposed by the Commission




Amendment






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




4.   
When inviting or requesting
 economic operators to provide information 
for the purposes of this Article,
 the Commission shall rely, where possible, on the relevant and available contact lists of the economic operators active in the selected supply chains of crisis-relevant goods and services, compiled by the Member States. The Commission may obtain the necessary information on the relevant economic operators from the Member States.






Amendment 224


Proposal for a regulation


Article 24 — paragraph 5








Text proposed by the Commission




Amendment






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




5.   The Commission 
recommendation
 containing individual information requests shall contain a reference to the situations of severe crisis-related shortages or an immediate threat thereof which has given rise to them. Any information request shall be duly justified and proportionate in terms of the volume, nature and granularity of the data, as well as the frequency of access to the data requested, and shall be necessary for the management of the emergency. A request shall set out a reasonable time limit 
not exceeding 14 days
 within which the information is to be provided
. The operator may request a one-time extension to the time limit until two days prior to its expiration in the event that the gravity of the situation requires such extension. The Commission shall respond, within one working day, to any such request for an extension to the time limit
. It shall take into account the effort required to collect and make the data available by the economic operator
. The recommendation
 shall also contain safeguards for protection of data in accordance with Article 39 of this Regulation, safeguards for non-disclosure of sensitive business information 
and safeguards for non-disclosure of trade secrets and intellectual property
 in the reply in accordance with Article 25.






Amendment 225


Proposal for a regulation


Article 24 — paragraph 6








Text proposed by the Commission




Amendment






6.   The owners of the economic operators or 
their representatives and, in the case of legal persons, companies or firms, or associations having no legal personality,
 the persons authorised to represent them by law or by their constitution may supply the information requested on behalf of the economic operator 
or the association of economic operators
 concerned. Each economic operator 
or association of economic operators
 shall provide the requested information on an individual basis in line with the Union rules on competition governing the exchange of information. Lawyers duly authorised to act may supply the information on behalf of their clients. The latter shall remain fully responsible if the information supplied is incomplete, incorrect or misleading.




6.   The owners of the economic operators or the persons authorised to represent them by law or by their constitution may supply the information requested on behalf of the economic operator concerned. Each economic operator shall provide the requested information on an individual basis in line with the Union rules on competition governing the exchange of information. Lawyers duly authorised to act may supply the information on behalf of their clients. The latter shall remain fully responsible if the information supplied is incomplete, incorrect or misleading.






Amendment 226


Proposal for a regulation


Article 24 — paragraph 7








Text proposed by the Commission




Amendment








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







deleted







Amendment 227


Proposal for a regulation


Article 24 — paragraph 8








Text proposed by the Commission




Amendment








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







deleted







Amendment 228


Proposal for a regulation


Article 25 — paragraph 1








Text proposed by the Commission




Amendment






1.   Information received as a result of the application of this Regulation shall be used only for the purpose for which it was requested.




1.   Information received 
from liaison offices of the Member States, the Board, economic operators or any other source
 as a result of the application of this Regulation shall be used only for the purpose for which it was requested.






Amendment 229


Proposal for a regulation


Article 25 — paragraph 2








Text proposed by the Commission




Amendment






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




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






Amendment 230


Proposal for a regulation


Article 25 — paragraph 4








Text proposed by the Commission




Amendment






4.   The Commission may present to the 
advisory group referred to in Article 4
 aggregate information based on any information collected pursuant to Article 24.




4.   The Commission may present to the 
Board
 aggregate information based on any information collected pursuant to Article 24.






Amendment 231


Proposal for a regulation


Article 25 — paragraph 5 a (new)








Text proposed by the Commission




Amendment





 





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








Amendment 232


Proposal for a regulation


Article 26








Text proposed by the Commission




Amendment







Article 26






deleted








Targeted amendments to harmonised product legislation




 






When the Single Market emergency mode has been activated by means of a Council implementing act adopted pursuant to Article 14, and there is a shortage of crisis relevant goods the Commission may activate by means of implementing acts the emergency procedures included in the Union legal frameworks amended by [Regulation of the European Parliament and of the Council amending Regulation (EU) 2016/424, Regulation (EU) 2016/425, Regulation (EU) 2016/426, Regulation (EU) 2019/1009 and Regulation (EU) No 305/2011 and introducing emergency procedures for the conformity assessment, adoption of common specifications and market surveillance in the context of a Single Market emergency and Directive of the European Parliament and of the Council amending Directives 2000/14/EC, 2006/42/EC, 2010/35/EU, 2013/29/EU, 2014/28/EU, 2014/29/EU, 2014/30/EU, 2014/31/EU, 2014/32/EU, 2014/33/EU, 2014/34/EU, 2014/35/EU, 2014/53/EU, and2014/68/EU and introducingas regard emergency procedures for the conformity assessment, adoption of common specifications and market surveillance in the context ofdue to a Single Market] as regards crisis-relevant goods, indicating which crisis-relevant goods and emergency procedures are subject to the activation, providing reasons for such activation and its proportionality, and indicating the duration of such activation.




 






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




 





Amendment 233


Proposal for a regulation


Article 27 — paragraph 1








Text proposed by the Commission




Amendment






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




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








Amendment 234


Proposal for a regulation


Article 27 — paragraph 2








Text proposed by the Commission




Amendment






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




2.   If an economic operator does not accept 
or
 prioritise priority rated orders, the Commission may, on 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 
and taking into due consideration the opinion of the Board
, 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 writing
 why it is not possible or appropriate for that operator to do so. 
Where the consideration of the Commission diverges from the opinion of the Board, the Commission shall provide a substantiated justification.
 The Commission’s decision shall be based on objective data 
which is factual, measurable and substantiated,
 showing that such prioritisation is indispensable to ensure the maintenance of vital societal economic activities in the 
internal
 market.






Amendment 235


Proposal for a regulation


Article 27 — paragraph 4 — subparagraph 1








Text proposed by the Commission




Amendment





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


Where the economic operator to which the decision referred to in paragraph 2 is addressed declines to accept the requirement to accept and prioritise the orders specified in the decision, it shall provide to the Commission, within 10 days from the notification of the decision, a reasoned explanation setting out duly justified reasons why it is not possible or appropriate, for it to comply with the requirement. Such reasons include the inability of the operator to perform the priority rated order 
due to
 insufficient production capacity or a serious risk that accepting the order would entail particular hardship or economic burden for the operator, 
taking into account, in particular, the prices and quantities specified by the Commission,
 or other considerations of comparable gravity. 
These reasons could entail the legitimate aims of the undertaking concerned and the cost, effort, technical practicality, and long-term business consequences, required for any change in production sequence.







Amendment 236


Proposal for a regulation


Article 27 — paragraph 4 — subparagraph 2








Text proposed by the Commission




Amendment







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






deleted







Amendment 237


Proposal for a regulation


Article 27 — paragraph 6








Text proposed by the Commission




Amendment






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




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






Amendment 238


Proposal for a regulation


Article 28 — title








Text proposed by the Commission




Amendment





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


Fines to operators for failure to comply with priority-rated orders





Amendment 239


Proposal for a regulation


Article 28 — paragraph 1 — point a








Text proposed by the Commission




Amendment













(a)






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










deleted







Amendment 240


Proposal for a regulation


Article 28 — paragraph 2








Text proposed by the Commission




Amendment






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




2.   Fines imposed in the cases referred to in paragraph 1 (b) shall not exceed 200 000  EUR. 
Fines imposed on economic operators that are SMEs, as defined in Recommendation 2003/361/EC, shall not exceed 25 000  EUR.








Amendment 241


Proposal for a regulation


Article 28 — paragraph 3








Text proposed by the Commission




Amendment






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




3.   Fines imposed in the cases referred to in paragraph 1 (c) shall not exceed 1 % of the average daily turnover in the preceding business year for each working day of non-compliance with the obligation pursuant to Article 27 (priority rated orders) calculated from the date established in the decision not exceeding 1 % of 
the global turnover in the preceding business year. Fines imposed on economic operators that are SMEs, as defined in Recommendation 2003/361/EC, shall not exceed 0,25  % of the global
 total turnover in the preceding business year.






Amendment 242


Proposal for a regulation


Article 28 — paragraph 4








Text proposed by the Commission




Amendment






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




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








Amendment 243


Proposal for a regulation


Article 29 — paragraph 1 — point a








Text proposed by the Commission




Amendment













(a)






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










deleted







Amendment 244


Proposal for a regulation


Article 29 — paragraph 1 — point b








Text proposed by the Commission




Amendment











(b)


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












(b)


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









Amendment 245


Proposal for a regulation


Article 31 — paragraph 1 — introductory part








Text proposed by the Commission




Amendment






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




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






Amendment 246


Proposal for a regulation


Article 31 — paragraph 2








Text proposed by the Commission




Amendment






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




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






Amendment 247


Proposal for a regulation


Article 31 — paragraph 3








Text proposed by the Commission




Amendment






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




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






Amendment 248


Proposal for a regulation


Article 31 — paragraph 4








Text proposed by the Commission




Amendment






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




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






Amendment 249


Proposal for a regulation


Article 32 — title








Text proposed by the Commission




Amendment





Coordinated distribution of strategic reserves




Solidarity and
 coordinated distribution of strategic reserves





Amendment 250


Proposal for a regulation


Article 32 — paragraph - 1 (new)








Text proposed by the Commission




Amendment





 










-1.





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










Amendment 251


Proposal for a regulation


Article 32 — paragraph 1








Text proposed by the Commission




Amendment





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


Where the strategic reserves constituted by the Member States in accordance with Article 
8a
 prove to be insufficient to meet the needs related to the 
internal
 market emergency, the Commission, 
duly
 taking into consideration the opinion provided by the 
Board
, may recommend to the Member States to distribute the strategic reserves in a targeted way, where possible, having regard to the need not to further aggravate disruptions on the 
internal
 market, including in geographical areas particularly affected by such disruptions and in accordance with the principles of necessity, proportionality and solidarity and establishing the most efficient use of reserves with a view to ending the 
internal
 market emergency.





Amendment 252


Proposal for a regulation


Article 33 — title








Text proposed by the Commission




Amendment





Measures to ensure the availability and supply of crisis-relevant goods 
and
 services


Measures to ensure the availability and supply of crisis-relevant goods 
or
 services





Amendment 253


Proposal for a regulation


Article 33 — paragraph 1








Text proposed by the Commission




Amendment






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




1.   The Commission may, when it considers that there is a risk of a shortage of crisis-relevant goods 
and services, taking into account the opinion of the Board
, recommend that Member States 
take
 specific measures
, including
 to ensure the efficient supply chains and production lines.






Amendment 254


Proposal for a regulation


Article 33 — paragraph 2 — point a








Text proposed by the Commission




Amendment











(a)


facilitating the expansion or repurposing of existing or the establishment of new production capacities for crisis-relevant goods;












(a)


facilitating the expansion or repurposing of existing or the establishment of new production capacities for crisis-relevant goods 
or services
;









Amendment 255


Proposal for a regulation


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








Text proposed by the Commission




Amendment





 










(ca)






facilitating the free movement of crisis-relevant services.











Amendment 256


Proposal for a regulation


Part V — title








Text proposed by the Commission




Amendment





Procurement




Public
 procurement





Amendment 257


Proposal for a regulation


Part V — Chapter I — title








Text proposed by the Commission




Amendment





Procurement of goods and services of 
strategic
 importance and crisis-relevant goods by the Commission on behalf of Member States during vigilance and emergency modes




Public
 procurement of goods and services of 
critical
 importance and crisis-relevant goods 
and services
 by the Commission on behalf of Member States during vigilance and emergency modes





Amendment 258


Proposal for a regulation


Article 34 — paragraph 1








Text proposed by the Commission




Amendment






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




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






Amendment 259


Proposal for a regulation


Article 34 — paragraph 2








Text proposed by the Commission




Amendment






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
, in consultation with the Board,
 shall assess 
without delay
 the necessity and proportionality of the request 
referred to in paragraph 1
. Where the Commission intends not to follow 
that
 request, it shall inform the Member States concerned and the 
Board
 and give reasons for its refusal.






Amendment 260


Proposal for a regulation


Article 34 — paragraph 3








Text proposed by the Commission




Amendment






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:





 










(a)






inform all Member States and the Board of its intention to carry out the procurement procedure and invite the interested Member States to participate;










 










(b)




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
, including practical arrangements, rules for decision making and the proposed quantities,
 on behalf of the participating Member States.









Amendment 261


Proposal for a regulation


Article 34 — paragraph 3 a (new)








Text proposed by the Commission




Amendment





 





3a.
   
Where the Commission is unable to award the contract to a suitable economic operator, it shall immediately inform the Member States thereof in order to allow them to initiate their own procurement processes without delay.








Amendment 262


Proposal for a regulation


Article 35 — paragraph 1








Text proposed by the Commission




Amendment






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




1.   The agreement referred to in Article 34(3)
, point (b)
 shall establish a negotiating mandate
, which shall include elements such as award criteria and how tenders shall be assessed,
 for the Commission to act as a central purchasing body for relevant goods and services 
of critical
 importance or crisis-relevant goods and services on behalf of the participating Member States through the conclusion of new contracts.






Amendment 263


Proposal for a regulation


Article 35 — paragraph 2








Text proposed by the Commission




Amendment






2.   In accordance with 
the
 agreement, the Commission may be entitled, on behalf of the participating Member States, to enter into contracts with economic operators, including individual producers of goods and services of 
strategic
 importance or crisis-relevant goods and services, concerning the purchase of such goods or services.




2.   In accordance with 
that
 agreement, the Commission may be entitled, on behalf of the participating Member States, to enter into contracts with economic operators, including individual producers of goods and services of 
critical
 importance or crisis-relevant goods and services, concerning the purchase of such goods or services.






Amendment 264


Proposal for a regulation


Article 35 — paragraph 3








Text proposed by the Commission




Amendment








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







deleted







Amendment 265


Proposal for a regulation


Article 35 — paragraph 3 a (new)








Text proposed by the Commission




Amendment





 





3a.
   
The Commission shall invite the participating Member States to appoint representatives to take part in the preparation of the procurement procedures.








Amendment 266


Proposal for a regulation


Article 36 — paragraph 2








Text proposed by the Commission




Amendment






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
, subject to the agreement of the majority of the participating Member States,
 become a party to the contract after it has been signed, laying out in detail the procedure for doing so and its effects.






Amendment 267


Proposal for a regulation


Article 37 — paragraph 1








Text proposed by the Commission




Amendment







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










1.




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









Amendment 268


Proposal for a regulation


Article 37 — paragraph 1 a (new)








Text proposed by the Commission




Amendment





 










1a.





The participation in the joint procurement procedure shall be open to all Member States, as well as, by way of derogation from Article 165(2) of Regulation (EU, Euratom) 2018/1046, to the European Free Trade Association States and Union candidate countries as well as the Principality of Andorra, the Principality of Monaco, the Republic of San Marino and the Vatican City State, in particular where this has been specifically provided for in a bilateral or multilateral treaty.










Amendment 269


Proposal for a regulation


Article 37 — paragraph 1 b (new)








Text proposed by the Commission




Amendment





 










1b.





The joint procurement procedure shall be preceded by a joint procurement agreement between the parties in order to determine the practical arrangements governing that procedure and the decision-making process with regard to the choice of the procedure, how the tenders shall be assessed and the criteria for awarding the contract, in accordance with the relevant Union law.










Amendment 270


Proposal for a regulation


Article 37 — paragraph 1 c (new)








Text proposed by the Commission




Amendment





 










1c.





The following conditions shall apply to the joint procurement procedure:









 










(a)






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










 










(b)






it shall not have any direct financial impact on the budget of the countries referred to in paragraph1a that do not participate in the joint procurement procedure.











Amendment 271


Proposal for a regulation


Article 37 — paragraph 1 d (new)








Text proposed by the Commission




Amendment





 










1d.





The Commission shall inform the European Parliament about the joint procurement procedures conducted in accordance with this Article and, upon request, grant access to the contracts that are concluded as a result of those procedures, subject to the adequate protection of commercially sensitive information, including business secrets, commercial relations and the interests of the Union. The Commission shall communicate information to the European Parliament regarding sensitive documents in accordance with Article 9(7) of Regulation (EC) No 1049/2001.










Amendment 272


Proposal for a regulation


Article 38 — paragraph 1








Text proposed by the Commission




Amendment





When the 
Single
 Market emergency mode has been activated pursuant to Article 14, Member States shall consult each other and the Commission and coordinate their actions with the Commission and the representatives of the other Member States in the 
advisory group
 prior to launching procurement of crisis-relevant goods and services listed in an implementing act adopted pursuant to Article 14(5) in accordance with Directive 2014/24/EU of the European Parliament and of the Council (55) .


When the 
internal
 market emergency mode has been activated pursuant to Article 14, Member States shall consult each other and the Commission and coordinate their actions with the Commission and the representatives of the other Member States in the 
Board
 prior to launching procurement of crisis-relevant goods and services listed in an implementing act adopted pursuant to Article 14(5) in accordance with Directive 2014/24/EU of the European Parliament and of the Council (55) . 
The Board may issue recommendations on the coordination of these actions.







Amendment 273


Proposal for a regulation


Article 39 — paragraph 1








Text proposed by the Commission




Amendment





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


Where the 
internal
 market emergency mode has been activated pursuant to Article 
14
 and procurement by the Commission on behalf of Member States has been launched in accordance with Articles 34 to 36, the contracting authorities of the participating Member States shall not procure goods or services covered by such procurement by other means
, except in cases referred to in Article 34(3a)
. 
Any procurement contracts concluded in violation of this Article shall be considered void.







Amendment 274


Proposal for a regulation


Article 40








Text proposed by the Commission




Amendment







Article 40






deleted








Personal data protection




 







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





 







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





 







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





 





Amendment 275


Proposal for a regulation


Part V a (new)








Text proposed by the Commission




Amendment





 




Part Va






 




Digital tools







Amendment 276


Proposal for a regulation


Article 41 — title








Text proposed by the Commission




Amendment





Digital tools




General provisions on
 digital tools





Amendment 277


Proposal for a regulation


Article 41 — paragraph 1








Text proposed by the Commission




Amendment





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










1.






By … [6 months after the entry into force of this Regulation],
 the Commission and the Member States 
shall
 set up
, maintain and regularly update
 interoperable digital tools or IT infrastructures supporting the objectives of this Regulation. Such tools or infrastructures 
shall
 be developed outside the duration of 
an internal
 market emergency 
in order to respond to possible future emergencies in a timely and efficient manner
. 
They shall include, inter alia, standardised, secure and effective digital tools for the secure collection and exchange of information for the purposes of Article 7a, real time information on national restrictions as referred to in Article 41a, fast lanes as referred to in Article 41b and the stakeholder platform referred to in Article 41c.











Amendment 278


Proposal for a regulation


Article 41 — paragraph 2








Text proposed by the Commission




Amendment





The Commission shall, by means of implementing acts, set out the technical aspects of such tools or infrastructures. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 42(2).










2.




The Commission shall, by means of implementing acts, set out the technical aspects of such tools or infrastructures 
using, where possible, already existing IT tools or portals, such as Your Europe
. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 42(2).









Amendment 279


Proposal for a regulation


Article 41 — paragraph 2 a (new)








Text proposed by the Commission




Amendment





 










2a.





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










Amendment 280


Proposal for a regulation


Article 41 a (new)








Text proposed by the Commission




Amendment





 





Article 41a





Real-time information on national restrictions





The Commission shall set up a dedicated public website combining information from Member States on the national restrictions provided for in the laws, regulations or administrative provisions of the Member States, as notified to the Commission pursuant to Article 19, including information on their scope and duration. The dedicated public website shall include an interactive map with relevant real-time information on those national restrictions.








Amendment 281


Proposal for a regulation


Article 41 b (new)








Text proposed by the Commission




Amendment





 




Article 41b






 




Fast lanes






 





1.
   
The Commission shall establish fast lanes that aim to facilitate the free movement of goods, services and workers, especially crisis-relevant goods and services. In particular, the Commission shall provide relevant templates or single digital declaration, registration or authorisation forms for cross-border activities, in particular for professional services in the areas of healthcare, installation, maintenance and repair, construction and food and agriculture in order to accelerate declaration, registration or authorisation procedures, including recognition of professional qualifications or posting of workers. Those templates or digital forms shall be available free of charge in all official languages of the Union, and valid in all Member States.







 





2.
   
Where in duly justified cases and in accordance with relevant Union law, Member States have introduced border restrictions, the Commission shall indicate fast lane border crossings that have been established, including, where possible, real-time information, to facilitate the free movement of goods, services and persons.








Amendment 282


Proposal for a regulation


Article 41 c (new)








Text proposed by the Commission




Amendment





 




Article 41c






 




Emergency and resilience stakeholder platform






 





1.
   
The Commission shall establish a stakeholder platform in order to facilitate sector-specific dialogue and partnerships by bringing together key stakeholders, namely representatives of economic operators, social partners, researchers and civil society. That platform shall aim to encourage economic operators to draw up voluntary roadmaps in response to an internal market emergency. In particular, that platform shall provide a functionality that allows interested stakeholders to:







 










(a)






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










 










(b)






provide scientific advice, opinions or reports on crisis-related questions;










 










(c)






contribute to the exchange of information and best practices.










 





2.
   
The Commission and the Board shall take into account the outcomes of the sector-specific dialogue and partnerships, as well as any relevant input provided by stakeholders in accordance with paragraph 1 in the implementation of this Regulation.








Amendment 283


Proposal for a regulation


Article 42 — paragraph 1








Text proposed by the Commission




Amendment






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




1.   The Commission shall be assisted by 
the internal
 market emergency 
and resilience
 committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.






Amendment 284


Proposal for a regulation


Article 42 — paragraph 3 a (new)








Text proposed by the Commission




Amendment





 





3a.
   
Before the adoption of any implementing act pursuant to this Regulation, and taking its urgency into account, the Commission shall publish a draft thereof and invite all interested parties to submit their comments within a reasonable timeframe.








Amendment 285


Proposal for a regulation


Article 43 — paragraph 2








Text proposed by the Commission




Amendment






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




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








Amendment 286


Proposal for a regulation


Article 43 — paragraph 5 a (new)








Text proposed by the Commission




Amendment





 





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








Amendment 287


Proposal for a regulation


Article 44 — title








Text proposed by the Commission




Amendment





Report 
and
 review


Report, review 
and evaluation







Amendment 288


Proposal for a regulation


Article 44 — paragraph 1








Text proposed by the Commission




Amendment






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




1.   By … [OP: please insert date five years from the entry into force of this Regulation] and every 
three
 years thereafter, the Commission shall 
carry out an evaluation of the effectiveness of this Regulation and shall submit
 a report to the European Parliament and the Council
. That report shall include, in particular, an evaluation
 of the 
following:







 










(a)






the work of the Board, as well as its work in relation to the work of other relevant Union-level crisis management bodies;










 










(b)






the stress tests, training and crisis protocols, referred to in this Regulation;










 










(c)






the criteria for the activation of the
 emergency 
mode, referred to in Article 13;










 










(d)






the digital tools put in place in accordance with Part Va;










 




That report shall be
 accompanied, where appropriate, by relevant legislative proposals.





Amendment 289


Proposal for a regulation


Article 44 — paragraph 1 a (new)








Text proposed by the Commission




Amendment





 





1a.
   
The Commission shall present a report to the European Parliament, the Council and the European Economic and Social Committee, after each deactivation of the emergency mode, on the functioning of the emergency response system with suggestions for improvement, if necessary. That report shall, in particular, evaluate the impact of the emergency measures on the fundamental rights enshrined in the Charter of Fundamental Rights of the European Union, namely on the freedom to conduct business, the freedom to seek employment and to work, and on the right to collective bargaining and action, including the right to strike.








Amendment 290


Proposal for a regulation


Article 44 — paragraph 2 a (new)








Text proposed by the Commission




Amendment





 





2a.
   
For the purpose of paragraph 1, the Board and the competent authorities of the Member States shall provide the Commission with all available information upon its request.








Amendment 291


Proposal for a regulation


Article 45 — title








Text proposed by the Commission




Amendment







Repeal






Amendments to Regulation (EC) No 2679/98







Amendment 292


Proposal for a regulation


Article 45 — paragraph 1








Text proposed by the Commission




Amendment





Council Regulation (EC) 2679/98 is 
repealed with effect from
 [
date
].


Council Regulation (EC) 
No
 2679/98 is 
amended as follows:






 










(1)





Article 2 is replaced by the following:









 




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






 










(2)





The following Article is added:









 




‘Article 5a






 





1.
   
Where the internal market emergency mode referred to in Article 14 of Regulation …/2023 [IMERA] has been activated, Articles 3, 4 and 5 of this Regulation shall cease to apply for the duration of that mode.







 





2.
   
Paragraph 1 is without prejudice to any obligation arising from this Regulation prior to the activation of the emergency mode in accordance with
 the [
IMERA Regulation
].’.






Amendment 293


Proposal for a regulation


Article 46 — title








Text proposed by the Commission




Amendment





Entry into force


Entry into force 
and application







Amendment 294


Proposal for a regulation


Article 46 — paragraph 1 a (new)








Text proposed by the Commission




Amendment





 




This Regulation shall apply from … [6 months after the entry into force].








(1)  The matter was referred back for interinstitutional negotiations to the committee responsible, pursuant to Rule 59(4), fourth subparagraph (A9-0246/2023).

(1a)  
            
Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (OJ L 119, 4.5.2016, p. 1).



(1b)  
            
Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39).



(41)  
            
Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39).



(42)  
            
Regulation (EU) 2016/769 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (OJ L 119, 4.5.2016, p. 1).



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



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



(45)  
            
Regulation (EU) 2022/2371 of the European Parliament and of the Council of 23 November 2022 on serious cross-border threats to health and repealing Decision No 1082/2013/EU (OJ L 314, 6.12.2022, p. 26).



(48)  
            

OJ L 83, 27.3.2015, p. 34.



(49)  
            

OJ L 1, 3.1.1994, p. 3.



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

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


ELI: http://data.europa.eu/eli/C/2024/1788/oj
ISSN 1977-091X (electronic edition)