Changes from report parliamentary committee draft to plenary report

Change 9

ChangedArticle 2 – paragraph 2 – point c: (c) other medical countermeasures as defined in Article 3, point (10), of Regulation (EU) 2022/2371 of the European Parliament and of the Council44;Council 45; / 44(deleted) / 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.). / (deleted)26).

Change 10

AddedArticle 2 – paragraph 2 – point f: (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.

AddedArticle 2 – paragraph 3: 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.

AddedArticle 2 – paragraph 3 a (new): 3a. This Regulation is without prejudice to the Integrated Political Crisis Response arrangements set out in Council Implementing Decision (EU) 2018/1993.

Change 11

ChangedArticle 2 – paragraph 6 – introductory part: 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; / (deleted) / (deleted) / (deleted)2002/58/EC.

Change 12

AddedArticle 2 – paragraph 6 – point a: deleted

AddedArticle 2 – paragraph 6 – point b: deleted / (deleted)

AddedArticle 2 – paragraph 6 a (new): 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.

Change 13

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

Change 14

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

AddedArticle 3 – paragraph 1 – point 1: (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;

Change 15

ChangedArticle 3 – paragraph 1 – point 1:2: (1)(2) ‘crisis’‘internal meansmarket anvigilance exceptionalmode’ ,means naturala orframework man-madefor eventaddressing the threat of extraordinarya naturecrisis andleading scaleto thata takessignificant placedisruption insideof orthe outsidesupply of thegoods Union,and services of critical importance and which has athe detrimentalpotential impactto onescalate theinto freean movementinternal ofmarket goods,emergency serviceswithin orthe persons;next six months;

Change 16

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

AddedArticle 3 – paragraph 1 – point 3: (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;

Change 17

ChangedArticle 3 – paragraph 1 – point 2: (2)4: ‘internal(4) market‘critically vigilanceimportant mode’areas’ means a framework for addressingareas athat threatare of significantcritical disruptionimportance ofto the supplyUnion ofand goodsits Member States and servicesthat are of criticalsystemic and vital importance for public security, public safety, public order, public health or the environment, and the disruption, failure, loss or destruction of which haswould thehave potentiala tosignificant escalateimpact intoon anthe functioning of the internal marketmarket, emergencyin withinparticular on the nextfree sixmovement months;of goods, services or persons;

Change 18

ChangedArticle 3 – paragraph 1 – point 3: (3) ‘internal market5: emergency’(5) means‘goods, aservices wide-rangingand impactworkers of a crisis on the internal marketcritical thatimportance’ severelymeans disruptsgoods, theservices freeand movementcategories of goods,workers servicesthat andare persons,indispensable orfor ensuring the functioning of the supply chains that areinternal indispensablemarket in thecritically maintenanceimportant ofareas vitaland societalwhich orcannot economicbe activitiessubstituted inor, thewhere internalrelevant, market;diversified;

Change 19

ChangedArticle 3 – paragraph 1 – point 4: (4) ‘critically important areas’ means6: areas(6) with‘crisis-relevant criticalgoods importanceand toservices’ themeans Uniongoods and its Member Statesservices whichthat are of systemic and vital importanceindispensable for public security, publicresponding safety,to publicthe ordercrisis or public health,for andaddressing the disruption, failure, loss or destructionimpacts of which would have a significantthe impactcrisis on the functioninginternal ofmarket theduring an internal market;market emergency;

Change 20

RemovedArticle 3 – paragraph 1 – point 5: (5) ‘goods and services of critical importance’ means goods and services that are indispensable for ensuring the functioning of the internal market in critically important areas and which cannot be substituted or diversified;

RemovedArticle 3 – paragraph 1 – point 6: (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 ;

Change 21

ChangedArticle 4 – title: AdvisoryInternal boardMarket Emergency and Resilience Board

Change 22

ChangedArticle 4 – paragraph 1: 1. An advisoryInternal boardMarket Emergency and Resilience Board (the Board) is established.

Change 23

ChangedArticle 4 – paragraph 2: 2. The advisory boardBoard shall be composed of one representative from each Member State. Each Member State shall nominate a representative and an alternate representative. European Free Trade Association (EFTA) States may participate as observers in accordance withone theexpert Agreementappointed onby the European Economic Area, as well as in accordanceParliament. withEach theMember bilateralState agreementsshall betweennominate thea Unionrepresentative and thean Swissalternate Confederation.representative.

Change 24

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

AddedArticle 4 – paragraph 3: 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. / (deleted)

RemovedArticle 4 – paragraph 3: 3. The Commission shall chair the advisory board and provide its secretariat. Where appropriate, the Commission may establish standing or temporary sub-groups of the advisory board for the purpose of examining specific questions.

AddedArticle 4 – paragraph 3 a (new): 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.

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

AddedArticle 4 – paragraph 3 b (new): 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.

Change 25

ChangedArticle 4 – paragraph 4 – point a: (a)b: proposing(b) arrangementsassessing forincidents administrativethat cooperationthe betweenMember theStates Commissionor andother therelevant Memberstakeholders Stateshave atalerted the timeCommission ofto thein internalaccordance marketwith vigilancein Article 8 and emergencytheir modesimpact thaton wouldthe befree containedmovement inof thegoods, crisisservices protocols;and persons, including workers;

Change 26

ChangedArticle 4 – paragraph 4 – point b a (new): (ba) recommending Member States to build a reserve of a critical goodgoods in order to prepare for an internal market emergency, taking into account the probability and impact of shortages;

Change 27

ChangedArticle 4 – paragraph 4 – point b c (new): (bc) consulting the representatives of economic operators, including SMEs, and representative organisationsorganisations, as well as, where relevant, social partners, in order to collect market intelligence;

Change 28

ChangedArticle 4 – paragraph 4 – point b e (new): (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.chains;

Change 29

RemovedArticle 4 – paragraph 5 – introductory part: 5. For the purpose of the internal market vigilance mode as referred to in Article 9, the advisory board shall assist the Commission in the following tasks:

AddedArticle 4 – paragraph 4 – point b f (new): (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.

AddedArticle 4 – paragraph 5 – introductory part: 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:

AddedArticle 4 – paragraph 5 – point a: (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;

Change 30

Removedmoved to Art. 8a (new)

Change 31

Removedmoved to Art. 8a (new)

Change 32

Removedmoved to Art. 8a (new)

AddedArticle 4 – paragraph 5 – point e: (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;

Change 33

Removedmoved to Art. 8a (new)

AddedArticle 4 – paragraph 6 – introductory part: 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:

Change 34

ChangedArticle 4 – paragraph 6 – introductory part: 6.point Forb: the(b) purposesestablishing ofwhether the internal market emergency mode ascriteria referredfor toactivation inor Articledeactivation 14,of the advisoryemergency boardmode shallhave assistbeen thefulfilled, Commissionbased inon thesufficient followingand tasks:reliable evidence;

Change 35

ChangedArticle 4 – paragraph 6 – point c: (c) advising on the implementation of the measures chosen to respond to the internal market emergency at internal marketUnion level;

Change 36

RemovedArticle 4 – paragraph 7: 7. The Commission shall ensure the participation of all bodies at Union level that are relevant to the respective crisis, including the European Parliament, and shall, in particular, ensure equal access to all information, so that the European Parliament and the Council receive all documents at the same time. The advisory board shall cooperate and coordinate closely, where appropriate, with other relevant crisis-related bodies at Union level. The Commission shall ensure coordination with the measures implemented through other Union mechanisms, such as the Union Civil Protection Mechanism (UCPM) or the EU Health Security Framework. The advisory board shall ensure information exchange with the Emergency Response Coordination Centre under the UCPM.

AddedArticle 4 – paragraph 6 – point e: (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.

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

AddedArticle 4 – paragraph 7: 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.

Change 37

ChangedArticle 4 – paragraph 8: 8. The advisory boardBoard shall meet at least three times a year. At its first meeting, on a proposal by and in agreement with the Commission, the advisory boardBoard shall adopt its rules of procedure.

Change 38

ChangedArticle 4 – paragraph 9:8 9.a (new): 8a. The advisoryBoard boardshall, mayin adoptcooperation opinions,with recommendationsthe orCommission, reportsadopt inannually theits contextactivity ofreport itsand taskstransmit setit outto inthe paragraphsEuropean 4Parliament toand 6.the Council.

Change 39

RemovedArticle 5 – paragraph 1: 1. Member States shall designate central liaison offices responsible for contacts, coordination and information exchange with the central liaison offices of other Member States and Union level central liaison office under this Regulation. Such liaison offices shall coordinate and compile the inputs from relevant national competent authorities. Such liaison offices shall also transmit to the national single points of contact, referred to in Article 21, all crisis-relevant information for the purposes of that Article, in real time where possible.

AddedArticle 4 – paragraph 9: deleted

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

AddedArticle 4 a (new): 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.

Change 40

ChangedArticle 5 – paragraph 2:1: 2.1. TheMember CommissionStates shall designate a Union level central liaison officeoffices responsible for contactscontacts, coordination and information exchange with the central liaison offices of theother Member States duringand the internal marketUnion vigilancelevel andcentral emergencyliaison modesoffice under this Regulation. The Union level centralSuch liaison officeoffices shall ensurecoordinate and compile the coordinationinputs andfrom informationrelevant exchangenational withcompetent theauthorities, centralincluding, where relevant, at regional and local level. Such liaison offices ofshall thealso Membertransmit Statesall forcrisis-relevant information to the managementnational single points of thecontact internalreferred marketto vigilancein andArticle emergency21, modes.in real time where possible.

Change 41

ChangedArticle 65 – paragraph 12: –2. introductoryThe part:Commission 1.shall Thedesignate Commission,a takingUnion intolevel considerationcentral liaison office for contacts with the opinioncentral liaison offices of the advisoryMember boardStates andduring the inputinternal ofmarket relevantvigilance Unionand levelemergency bodies,modes andunder afterthis consultingRegulation, theand Memberwhere States,applicable iswith empoweredother tobodies adoptat aUnion delegatedlevel actthat are relevant to supplementthe thisrespective Regulationcrisis. withThe aUnion frameworklevel settingcentral outliaison crisisoffice protocolsshall regardingensure crisisthe cooperation,coordination and information exchange ofwith informationthe andcentral crisisliaison communicationoffices of the Member States for the management of the internal market vigilance and emergency modes, inincluding particular:as regards crisis relevant information, to be made publicly available pursuant to Article 41.

Change 42

RemovedArticle 6 – paragraph 1 – point a: (a) cooperation between national and Union level competent authorities for the management of the internal market vigilance and emergency modes in vigilance and emergency modes across the sectors of the internal market;

AddedArticle 6 – paragraph 1 – introductory part: 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:

RemovedArticle 6 – paragraph 2 – point b: (b) consultation of the representatives of economic operators and social partners, including SMEs, on their initiatives and actions to mitigate and respond to potential supply chain disruptions and overcome potential shortages of goods and services in the internal market;

AddedArticle 6 – paragraph 1 – point a: (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;

RemovedArticle 6 – paragraph 2 a (new): 2a. The Commission, taking into account the opinion of the advisory board, may initiate, encourage and facilitate the drawing up of voluntary crisis protocols by economic operators in order to address internal market emergencies, strictly limited to extraordinary circumstances. The Commission may, where necessary and appropriate, also involve civil society organisations or other relevant organisations in drawing up the crisis protocols. The voluntary crisis protocols shall set out: / (a) the specific parameters of the disruption that the voluntary crisis protocol seeks to address and the objectives it pursues; / (b) the role of each participant and the measures they are to put in place in preparation and their role once the crisis protocol has been activated; / (c) the procedure for determining when the crisis protocol is to be activated; / (d) actions to mitigate and respond to potential supply-chain disruptions and to overcome potential shortages of goods and services in the internal market, strictly limited to what is necessary for addressing the disruption; / (e) safeguards to address any negative effects on the free movement of goods, services and workers.

AddedArticle 6 – paragraph 1 – point c: (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.

Change 43

RemovedDealt with in Article 7 and 7a (new)

AddedArticle 7 – paragraph 1: 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.

RemovedArticle 7 – paragraph 1: The Commission shall develop and regularly organise trainings on crisis coordination, cooperation and information exchange for the staff of the designated central liaison offices. It shall organise simulations involving the staff of the central liaison offices as well as for other relevant actors or bodies involved in the prevention of, preparedness for and response to internal market emergencies.

AddedArticle 7 – paragraph 1 a (new): 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.

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

AddedArticle 7 – paragraph 1 b (new): 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.

Change 44

ChangedArticle 78 – paragraph 11: b1. (new):The Atcentral theliaison requestoffice of a Member State facingshall aimmediately disruption,notify the Commission may deploy an expert team on site to provide advice on preparedness and response measures.the Whencentral carryingliaison outoffices thisof task,other theMember CommissionStates shallof takeany particularincident accountthat ofis thelikely needsto andlead intereststo ofan thatinternal Membermarket State.emergency.

Change 45

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

AddedArticle 8 – paragraph 2: 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.

RemovedArticle 7 a (new): Article 7a / Stress tests / In order to ensure the free movement and the availability of goods and services of critical importance, as well as the resilience of supply chains, the Commission, taking into consideration the opinion of the advisory board, shall conduct stress tests, including simulations and peer reviews. / In particular, the Commission shall: / (a) develop scenarios and parameters that capture the specific risks associated with internal market emergencies that aim to identify vulnerabilities in critically important areas, as well as to assess the impact on the free movement of goods, services and persons; / (b) invite staff from the central liaison offices of all Member States to participate in simulations of potential internal market emergencies’; / (c) identify relevant economic operators and representative organisations, as well as other relevant actors or bodies involved in the prevention of, preparedness for and response to emergencies and invite them to participate on a voluntary basis; / (d) ensure the secure exchange of information during the stress tests; / (e) facilitate peer reviews and encourage the development of strategies for emergency preparedness; / (g) identify, in cooperation with all actors involved, risk mitigation measures after the completion of the stress tests. / 2. The Commission shall conduct stress tests at least once every two years, covering comprehensive Union-wide stress tests or specific geographical areas or border regions. / 3…

AddedArticle 8 – paragraph 3 – introductory part: 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:

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

AddedArticle 8 – paragraph 3 – point a: (a) the number of economic operators affected across the Union;

Change 46

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

AddedPart IV – title: Internal market emergency

RemovedArticle 13 – paragraph 1 – point a: (a) the crisis has caused activation of a relevant crisis response mechanism, such as the Union Civil Protection Mechanism or the mechanisms set up within the EU Health Security Framework, including Regulation (EU) 2022/2372;

AddedArticle 13 – paragraph 1 – introductory part: 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:

RemovedArticle 13 – paragraph 1 – point b: (b) the impact on the free movement of goods, services and persons, including an estimation of the number of economic operations or users relying on the disrupted sector or sectors of the internal market for the provision of the goods or services concerned;

AddedArticle 13 – paragraph 1 – point a: (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;

Change 47

ChangedArticle 13 – paragraph 1 – point c:b: (c)(b) an estimation of the criticalnumber importanceor market share and market demand of economic operations or users relying on the goodsdisrupted sector or servicessectors concernedof the internal market for otherthe sectors;provision of the goods or services concerned;

Change 48

RemovedArticle 13 – paragraph 1 – point e: (e) the economic operators affected by the disruption have not been able to provide a solution in a reasonable time to the particular aspects of the crisis on a voluntary basis;

AddedArticle 13 – paragraph 1 – point c: (c) the critical importance of the goods, services or workers concerned for other sectors;

Change 49

ChangedArticle 13 – paragraph 1 – point g: (g) the geographic area, including border regions, that is and could be affected by the disruption, including anyc cross-bordera impacts(new): on(ca) the functioning of supply chains that are indispensable in theestimated maintenanceshortage of societal orgoods economicand activitiesservices in the internal market;

Change 50

ChangedArticle 13 – paragraph 1 – point i:d: (i)(d) the absenceactual or shortagespotential impact of substitutethe goods,crisis inputsin orterms services;of degree and duration on economic and vital societal activities, the environment and public safety;

Change 51

AddedArticle 13 – paragraph 1 – point e: (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;

AddedArticle 13 – paragraph 1 – point g: (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;

AddedArticle 13 – paragraph 1 – point i: (i) the absence or shortages of substitute for crisis-relevant goods, inputs or services;

Change 52

ChangedArticle 14 – paragraph 2: 2. Where the Commission, taking into due consideration the opinion provided byof the advisory board,Board, considers that there is an internal market emergency, it shall proposeadopt toa thelegislative Councilproposal to activate the internal market emergency mode.

Change 53

ChangedArticle 14 – paragraph 3: 3. The Council may activate the internal market emergency mode may be activated by means of a Councillegislative implementingact act.adopted on the basis of the legislative proposal referred to in paragraph 2. The duration of the activation shall be specified in thethat implementinglegislative act, and shall be restricted to a maximum of six months.

Change 54

ChangedArticle 14 – paragraph 4: 4. The activation of the internal market emergency mode regarding certain goods and services does not prevent the activation or continued application of the vigilance mode and deployment of the measures laid down in Articles 11 andArticle 128a regarding the same goods and services.

Change 55

ChangedArticle 14 – paragraph 5: 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,activated by means of the legislative act referred to in paragraph 3, the Commission shall, without delay, adopt such a list of crisis-relevant goods and services by means of an implementing act. TheThat list may be amended by means of implementing acts.

Change 56

ChangedArticle 14 – paragraph 6: 6. The Commission implementing act referred to in paragraph 5 shall be adopted in accordance with the examination procedure referred to in Article 42(2). On duly justified imperative grounds of urgency relating to the impacts of the crisis on the internal market, the Commission shall adopt immediately applicable implementing acts in accordance with the procedure referred to in Article 42(3).

Change 57

ChangedArticle 15 – paragraph 1: 1. Where the Commission considers, taking into due consideration the opinion provided by the advisoryBoard 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 Council may extend/ theThe internal market emergency mode may be extended by nomeans moreof thana sixlegislative monthsact aton athe timebasis byof meansthe legislative proposal referred to in the first subparagraph. The duration of anthe implementingextension act.shall be specified in that legislative act, and shall be restricted to a maximum of six months.

Change 58

ChangedArticle 15 – paragraph 2: 2. Where the advisory boardBoard 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 advisory group,Board, considers that anthe internal market emergency no longer exists, it shall propose to the CouncilEuropean Parliament and the Council, without delaydelay, the deactivation of the internal market emergency mode.

Change 59

ChangedArticle 15 – paragraph 3: 3. The measures taken in accordance with Articles 24 to 33 and pursuant to the emergency procedures introduced in the respective Union legal frameworks in the area of the sectorial product legislation set out in Regulation of the European Parliament and of the Council amending Regulations (EU) 2016/424, (EU) 2016/425, (EU) 2016/426, (EU) 2019/1009, (EU) 2023/XXX [General Product Safety Regulation], (EU) 2023/XXX [Machinery Regulation] and (EU) No 305/2011 as regards emergency procedures for the conformity assessment, adoption of common specifications and market surveillance due to a Single Market emergency and Directive of the European Parliament and of the Council amending Directives 2000/14/EC, 2006/42/EC, 2010/35/EU, 2013/29/EU, 2014/28/EU, 2014/29/EU, 2014/30/EU, 2014/31/EU, 2014/32/EU, 2014/33/EU, 2014/34/EU, 2014/35/EU, 2014/53/EU, and 2014/68/EU as regards emergency procedures for the conformity assessment, adoption of common specifications and market surveillance due to an internal Market emergency shall cease to apply upon deactivation of the internal market emergency mode. The Commission shall submit to the 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 foreseenset byout in Article 11.

Change 60

ChangedChapterPart IIV – title:Title MeasuresII facilitating– freetitle: Free movement during the internal market emergency

Change 61

RemovedArticle 16 – title: General requirements for measures restricting free movement to address an internal market emergency and prohibitions

AddedPart IV – Title II – Chapter I – title: Measures facilitating free movement

RemovedArticle 16 – paragraph 1: 1. Restrictions to the free movement of goods, services and persons imposed by Member States in response to an internal market emergency shall be prohibited, unless they are justified on grounds of legitimate public interest objectives, such as public policy, public security or public health, and are in compliance with the principle of proportionality.

AddedArticle 16 – title: Prohibited restrictions to free movement during an internal market emergency

RemovedArticle 16 – paragraph 2: 2. Any restriction shall be limited in time and immediately removed as soon as the emergency allows it or in the event that it is no longer justified or proportionate.

AddedArticle 16 – paragraph 1: 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.

Change 62

ChangedArticle 16 – paragraph 3 a (new): 3a. During the internal market emergency mode, Member States shall not adopt any of the following: / (a) intra-Union export bans or other measures having equivalent effect on crisis-relevant goods or services listed in the implementing act adopted pursuant to Article 14(5); / (b) restrictions on the intra-Union export of goods or provision or receipt of services, or measures having equivalent effect; / (c)(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 / (d)(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.

Change 63

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

RemovedArticle 16 – paragraph 3 b (new): 3b. During the internal market emergency mode, Member States shall not: / (a) apply more favourable rules to goods originating from a neighbouring Member State, any other Member State or a group of Member States, as compared to goods originating from other Member States; / (b) selectively refuse the entry of goods originating from specific other Member States to their territory; or / (c) introduce prohibitions on the operation of freight transport.

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

RemovedArticle 16 – paragraph 3 c (new): 3c. During the internal market emergency mode, Member States shall not: / (a) ban types of services or modes of service provision; or / (b) block flows of passenger transport.

RemovedMoved here from Art. 17.3 and adjusted for clarity

RemovedArticle 16 – paragraph 3 d (new): 3d. During the internal market emergency mode, Member States shall not: / (a) apply more favourable rules to travel to or from one Member State to another Member State or group of Member States, as compared to travel to and from other Member States or to or from cross border-regions; / (b) deny beneficiaries the right to free movement under Union law, the right to enter the territory of their Member State of nationality or residence, the right to exit the territory of a Member State to travel to their Member State of nationality or residence, or the right to transit through a Member State in order to reach the Member State of nationality or residence; / (c) prohibit business travels linked to the research and development or production of crisis-related goods that are listed in an implementing act adopted pursuant to Article 14(5), or the placing of such goods on the market or to the related inspections; / (d) impose restrictions on travel, including restrictions on travel for imperative family reasons, which are not appropriate for the achievement of any legitimate public interest purportedly pursued by such restrictions or which manifestly go beyond what is necessary to achieve that aim; / (e) impose restrictions on workers and service providers and their representatives, unless such restrictions do not manifestly go beyond what is necessary for that purpose.

Change 64

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

AddedArticle 18 – paragraph 1: 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.

RemovedArticle 18 – paragraph 1: 1. During the internal market emergency mode, the Commission may provide for supportive measures to reinforce free movement of persons referred to in Article 16by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 42(2). On duly justified imperative grounds of urgency relating to the impacts of the crisis on the internal market, the Commission shall adopt immediately applicable implementing acts in accordance with the procedure referred to in Article 42(3).

AddedArticle 18 – paragraph 2: 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.

RemovedArticle 18 – paragraph 2: 2. During the internal market emergency mode, where the Commission establishes that Member States have put in place templates for attesting that the individual or economic operator is a service provider that provides crisis-relevant services, a business representative or worker that is involved in production of crisis-relevant goods or provision of crisis-relevant services or a civil protection worker and it considers that the use of different templates by each Member State is an obstacle to the free movement at the time of an internal market emergency, the Commission may issue templates for attesting that they fulfil the relevant criteria for the application Article 16 in all Member States by means of implementing acts.

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

Change 65

ChangedArticle 19 – paragraph 1 – subparagraph 1: During the internal market emergency,vigilance mode or the internal market emergency mode, Member States shall notify to 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 restrictionsadopted measures restricting of the free movement of persons, including workersworkers, together with the reasons for those measures.

Change 66

ChangedArticle 19 – paragraph 2: 2. Member States shall provide to the Commission a statement demonstrating that the enactment of such measures is non-discriminatory, justified and proportionate.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 thesuch a measure.

Change 67

RemovedArticle 19 – paragraph 14: 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.

AddedArticle 19 – paragraph 4: 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.

AddedArticle 19 – paragraph 5: 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.

RemovedArticle 19 – paragraph 15: 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.

AddedArticle 19 – paragraph 6: 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.

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

Change 68

ChangedArticle 19 – paragraph 16 b (new): 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.contact referred to in Article 21. Member States shall ensure a continuous dialogue with stakeholders,all includingrelevant communicationstakeholders, withincluding social partners and international partners.

Change 69

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

AddedArticle 21 – paragraph 1 – point a: (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;

RemovedArticle 21 – paragraph 2: 2. Member States shall ensure that it is possible for citizens, consumers, economic operators and workers and their representatives to receive, at their request and via the respective single points of contact, information from the competent authorities on the way in which the respective national crisis response measures are generally interpreted and applied. Where appropriate, such information shall include a step-by-step guide. The information shall be provided in clear, understandable and intelligible language. It shall be easily accessible at a distance and by electronic means and shall be kept up to date. Member States shall make best efforts to provide the information in all official languages of the Union, paying particular attention to the situation and needs of the border regions.

AddedArticle 21 – paragraph 1 – point b: (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;

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

AddedArticle 21 – paragraph 1 – point b a (new): (ba) assistance in the dissemination of information to citizens, consumers, economic operators and workers and their representatives.

Change 70

ChangedArticle 22 – paragraph 2 – pointintroductory b:part: (b)2. assistanceThe inUnion thelevel performancesingle ofpoint anyof crisiscontact proceduresshall andprovide formalitiescitizens, thatconsumers, havelocal beenand putregional inauthorities, placeeconomic atoperators, theworkers Unionand leveltheir duerepresentatives towith the activated internal market emergency;following:

Change 71

RemovedArticle 22 – paragraph 2 – point c: (c) establishing a list with all national crisis measures and national contact points.

AddedArticle 22 – paragraph 2 – point a: (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;

AddedArticle 22 – paragraph 2 – point b: (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;

AddedArticle 22 – paragraph 2 – point c: (c) assistance in establishing a list with all national crisis measures and national contact points.

AddedArticle 22 – paragraph 2 a (new): 2a. Sufficient human and financial resources shall be allocated to the Union level single point of contact.

Change 72

ChangedArticle 23 – paragraph 1: 1. Binding measures included in this Chapter may be adopted by the Commission by means of implementing acts in accordance with Article 27(2) only when an internal market emergency mode has been activated by means of a Council implementing act in accordance with Article 14.

Change 73

ChangedArticle 23 – paragraph 2: 2. An implementing act introducing a measure included in this Chapter shall clearly and specifically list the crisis-relevant goods and services identified in the implementing act adopted in accordance with Article 15(5)14(5) to which such a measure applies. That measure shall apply only for the duration of the emergency mode.

Change 74

RemovedArticle 24 – paragraph 1: 1. Where there is a severe crisis-related shortages or an immediate threat thereof, the Commission may invite economic operators in crisis-relevant supply chains to transmit on a voluntary basis, within a reasonable time limit, specific information to the Commission in accordance with paragraph 3.

AddedArticle 23 – paragraph 2 a (new): 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).

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

AddedArticle 24 – paragraph 1: 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.

Change 75

ChangedArticle 24 – paragraph 2: 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.

Change 76

ChangedArticle 24 – paragraph 3 – introductory part: 3. The information requests referred to in paragraph 11, may concern the following, while fully respecting trade and business secrets, and protecting intellectual property:concern:

Change 77

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

AddedArticle 24 – paragraph 3 – point a: (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;

Change 78

ChangedArticle 24 – paragraph 3 – point a:b: (a)(b) targeteda informationschedule toof the Commission on theexpected production capacities andoutput possibleof existingcrisis-relevant stocksgoods offor the crisis-relevant3 goodsmonths andfollowing componentsthe thereofinformation inrequest regarding production facilities located in the Union and production facilities locatedor in a third country in which the operator referred to in paragraph 1 operates or contracts;contracts.

Change 79

RemovedArticle 24 – paragraph 3 – point b: (b) a schedule of the expected production output of crisis-relevant goods for the 3 months following the information request for production facilities located in the Union or in a third country which the operator operates or contracts;

AddedArticle 24 – paragraph 4: 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.

RemovedArticle 24 – paragraph 4: 4. The Commission shall rely, where possible, on the relevant and available contact lists of the economic operators active in the selected supply chains of crisis-relevant goods and services, compiled by the Member States. The Commission may obtain the necessary information on the relevant economic operators from the Member States.

AddedArticle 24 – paragraph 5: 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.

RemovedArticle 24 – paragraph 5: 5. The Commission recommendation shall contain a reference to the situations of severe crisis-related shortages or an immediate threat thereof which has given rise to them. Any information request shall be duly justified and proportionate in terms of the volume, nature and granularity of the data, as well as the frequency of access to the data requested, and shall be necessary for the management of the emergency. A request shall set out a reasonable time limit within which the information is to be provided. The operator may demand a one-time extension to the time limit until two days prior to its expiration in the event that the gravity of the situation requires so. The Commission shall respond, within one working day, to any such request for an extension to the time limit. An information request shall take into account the effort required to collect and make the data available by the economic operator. The recommendation shall also contain safeguards for protection of data in accordance with Article 39 of this Regulation, safeguards for non-disclosure of sensitive business information contained, and safeguards for non-disclosure of trade secrets and intellectual property in the reply in accordance with Article 25.

AddedArticle 24 – paragraph 6: 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.

Change 80

ChangedArticle 25 – paragraph 2: 2.1: Member1. StatesInformation andreceived thefrom Commissionliaison shalloffices ensureof the protection ofMember tradeStates, andthe businessBoard, secrets,economic intellectualoperators propertyor andany other sensitive and confidentialsource informationas acquireda andresult generatedof inthe application of this Regulation, including recommendations and measuresRegulation toshall be taken,used inonly accordancefor withthe Unionpurpose andfor thewhich respectiveit nationalwas law.requested.

Change 81

RemovedArticle 25 – paragraph 5 a (new): 5a. Any information obtained through information requests shall be deleted immediately upon the expiration of the internal market emergency mode, or as soon as all relevant reports pertaining to the internal market emergency mode have been submitted. The Commission and Member States shall send a confirmation of the deletion of that information to the economic operators affected immediately after its deletion.

AddedArticle 25 – paragraph 2: 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.

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

AddedArticle 25 – paragraph 4: 4. The Commission may present to the Board aggregate information based on any information collected pursuant to Article 24.

RemovedArticle 26 – paragraph 1: deleted

AddedArticle 25 – paragraph 5 a (new): 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.

Change 82

ChangedArticle 27 – paragraph 4 – subparagraph 1: 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 appropriateappropriate, for it to comply with the requirement. Such reasons include the inability of the operator to perform the priority rated order on accountdue ofto insufficient production capacity or a serious risk that accepting the order would entail particular hardship or economic burden for the operator, particularly taking into accountaccount, 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.

Change 83

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

Change 84

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

AddedArticle 27 – paragraph 6: 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.

RemovedArticle 27 – paragraph 6: 6. The Commission shall take the decision referred to in paragraph 2 in accordance with applicable Union law, including the principles of necessity and proportionality, and the Union’s obligations under international law. The decision shall in particular take into account the legitimate interests of the economic operator concerned and any available information concerning the cost and effort required for any change in production sequence. It shall state the legal basis for its adoption, fix the time limits within which the priority rated order is to be performed and specify the product, the price and quantity. It shall state the fines provided for in Article 28 for failure to comply with the decision. The priority rated order shall be placed at a fair and reasonable price, which shall include, where relevant, an appropriate compensation for all additional costs incurred by the economic operator.

AddedArticle 28 – title: Fines to operators for failure to comply with priority-rated orders

RemovedNo economic hardship should arise from priority rated orders. Potential changes to production lines, capital investment and retraining must be compensated for. Moreover, the goods subject to priority orders are likely to be crisis relevant and therefore, subject to high demand and price increases. Any such price increases must be reflected in the prices that are quoted in relation to priority rated orders.

RemovedArticle 28 – title: Fines to operators for failure to comply with priority rated orders

Change 85

ChangedArticle 28 – paragraph 2: 2. Fines imposed in the cases referred to in paragraph 1 (b) shall not exceed 50200 000 EUR. Fines imposed on economic operators that are SMEs, as defined in Recommendation 2003/361/EC, shall not exceed 25 000 EUR.

Change 86

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

AddedArticle 28 – paragraph 3: 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.

RemovedArticle 28 – paragraph 3: 3. Fines imposed in the cases referred to in paragraph 1 (c) shall not exceed 1 % of the average daily turnover in the preceding business year for each working day of non-compliance with the obligation pursuant to Article 27 (priority rated orders) calculated from the date established in the decision not exceeding 1% of global turnover in the preceding business year.

Change 87

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

Change 88

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

Change 89

RemovedArticle 32 – paragraph -1 (new): -1. In the event of a shortage of crisis-relevant goods or services affecting one or more Member States, the Member States concerned may notify the Commission, indicating the quantities needed and any other relevant information. The Commission shall transmit the information to all competent authorities and streamline the coordination of Member States’ responses.

AddedArticle 32 – title: Solidarity and coordinated distribution of strategic reserves

RemovedArticle 32 – paragraph 1: Where the strategic reserves constituted by the Member States prove to be insufficient to meet the needs related to the internal market emergency, the Commission, taking into consideration the opinion provided by the advisory board, may recommend to the Member States to distribute the strategic reserves in a targeted way, where possible, having regard to the need not to further aggravate disruptions on the internal market, including in geographical areas particularly affected by such disruptions and in accordance with the principles of necessity, proportionality and solidarity and establishing the most efficient use of reserves with a view to ending the internal market emergency.

AddedArticle 32 – paragraph -1 (new): -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.

RemovedArticle 33 – paragraph 1: 1. The Commission may, when it considers that there is a risk of a shortage of crisis-relevant goods and services, recommend that Member States implement specific measures to ensure the efficient re-organisation of supply chains and production lines and to use existing stocks to increase the availability and supply of crisis-relevant goods and services, as quickly as possible.

AddedArticle 32 – paragraph 1: 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.

Change 90

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

AddedPart V – title: Public procurement

Change 91

ChangedArticlePart 34V – paragraph 1: 1. Two or more Member States may request thatChapter theI Commission– launchtitle: aPublic procurement on behalf of the Member States that wish to be represented by the Commission (‘participating Member Statesʼ), for the purchasing of goods and services of critical importance listed in an implementing act adopted pursuant to Article 9(1) orand crisis-relevant goods and services listedby inthe anCommission implementingon actbehalf adoptedof pursuantMember toStates Articleduring 14(5).vigilance and emergency modes

Change 92

ChangedArticle 3534 – paragraph 1: 1. TheTwo agreementor referredmore toMember inStates Articlemay 34(3)request shallthat establishthe Commission launch a negotiatingprocurement mandateon forbehalf of the CommissionMember States that wish to actbe asrepresented aby centralthe purchasingCommission body(ʽparticipating Member Statesʼ), for relevantthe 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 on behalf of thelisted participatingin Memberan Statesimplementing throughact theadopted conclusionpursuant ofto newArticle contracts.14(5).

Change 93

AddedArticle 34 – paragraph 2: 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.

AddedArticle 34 – paragraph 3: 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.

AddedArticle 34 – paragraph 3 a (new): 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.

AddedArticle 35 – paragraph 1: 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.

AddedArticle 35 – paragraph 2: 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.

Change 94

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

AddedArticle 35 – paragraph 3 a (new): 3a. The Commission shall invite the participating Member States to appoint representatives to take part in the preparation of the procurement procedures.

RemovedArticle 37 – paragraph 1: The Commission and any of the Member States may engage, as contracting parties, in a joint procurement procedure conducted pursuant to Article 165(2) of Regulation (EU, Euratom) 2018/1046 with a view to the purchase of crisis-relevant goods or goods and services of critical importance within a reasonable time frame.

AddedArticle 36 – paragraph 2: 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.

Change 95

ChangedArticle 37 – paragraph 11: a1. (new):The ByCommission wayand ofone derogationor frommore Articlecontracting 165(2)authorities offrom RegulationMember (EU,States Euratom)may 2018/1046,engage, participationas contracting parties, in thea joint procurement procedure shall beconducted openpursuant to all Member States, European FreeArticle Trade165(2) Associationof StatesRegulation and(EU, UnionEuratom) candidate2018/1046 countrieswith asa wellview asto the Principalitypurchase of Andorra, thecrisis-relevant Principalitygoods ofor Monaco,goods theand Republicservices of Sancritical Marinoimportance andwithin thea Vaticanreasonable Citytime State.frame.

Change 96

RemovedArticle 37 – paragraph 1 b (new): The joint procurement procedure shall comply with the following conditions: / (a) it shall not affect the functioning of the internal market and shall not constitute discrimination or a restriction of trade, nor shall it cause distortion of competition; / (b) it shall not have any direct financial impact on the budget of the countries referred to in paragraph 2 that do not participate in the joint procurement.

AddedArticle 37 – paragraph 1 a (new): 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.

RemovedArticle 38 – paragraph 1: When the internal market emergency mode has been activated pursuant to Article 14, Member States shall consult each other and the Commission and coordinate their actions with the Commission and the representatives of the other Member States in the advisory group prior to launching procurement of crisis-relevant goods and services listed in an implementing act adopted pursuant to Article 14(5) in accordance with Directive 2014/24/EU of the European Parliament and of the Council55 .

AddedArticle 37 – paragraph 1 b (new): 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.

RemovedArticle 39 – paragraph 1: Where the internal market emergency mode has been activated pursuant to Article 16 and procurement by the Commission on behalf of Member States has been launched in accordance with Articles 34 to 36, the contracting authorities of the participating Member States shall not procure goods or services covered by such procurement by other means.

AddedArticle 37 – paragraph 1 c (new): 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.

Change 97

Removedmoved to Art. 2.6.

AddedPart V a (new): Part Va / Digital tools

RemovedPart V a (new): Part Va / Digital Tools

RemovedDuring the Covid pandemic, divergent requirements and procedures for entering another Member State created great confusion and frustration for citizens, especially workers and service providers, in particular in border regions. Therefore, the Commission must immediately develop IT tools similar to the Covid-19 certificate to guarantee the functioning of “fast lanes” for critical goods and services. The Commission must provide a digital portal, covering all registration or authorisation forms for cross-border activities, especially for crisis-relevant declarations similar to Covid Certificates, and for crisis-relevant professional services to accelerate authorisation, registration or declaration procedures.

Change 98

ChangedArticle 41 – paragraph 1: 1. By ... [6 months after the entry into force of thethis 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 includebe 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, emergency and resilience fast lanes as referred to in Article 41b and the stakeholder platform referred to in Article 41c, and shall be developed outside the duration of the internal market emergency.41c.

Change 99

RemovedArticle 41 – paragraph 2 a (new): 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.

AddedArticle 41 – paragraph 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).

Change 100

ChangedArticle 41 a (new): Article 41a / Real time information on national restrictions / The Commission shall– setparagraph up2 a dedicated website combining information(new): from2a. Member States onshall nationalregularly restrictions,exchange notifiedinformation pursuantwith tothe ArticleCommission 19,and includingamong informationthemselves on their scope and duration. Theall dedicatedmatters websitefalling shallwithin includethe anscope interactiveof mapthis withRegulation relevantvia real-timea informationsecure onchannel nationalof restrictions.communication.

Change 101

RemovedArticle 41 b (new): Article 41b / Fast lanes / The Commission shall establish fast lanes that aim to facilitate the free movement of goods, services and workers, especially as regards crisis-relevant goods and services. In particular, the Commission shall: / (a) provide templates or single digital declaration, registration or authorisation forms for cross-border activities, in particular for professional services in the area of healthcare, maintenance and repair, construction, food and agriculture to accelerate authorisation, registration or declaration procedures, including recognition of professional qualifications or posting of workers; those digital forms shall be free of charge, available in all official languages of the Union, and valid in all Member States; / (b) indicate fast lane border crossings to facilitate the free movement of goods, services and persons in the event of border restrictions.

AddedArticle 41 a (new): 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.

RemovedArticle 41 c (new): Article 41c / Emergency and resilience stakeholder platform / The Commission shall establish a stakeholder platform in order to facilitate sector-specific dialogues and partnerships by bringing together key stakeholders, namely representatives of economic operators, researchers and civil society, that aim to encourage economic actors to draw up voluntary roadmaps in response to an internal market emergency. In particular, the platform should provide a functionality for interested parties to: / (a) indicate voluntary actions needed to successfully respond to an internal market emergency; / (b) provide scientific advice, opinions or reports and issue reports on crisis-related questions; / (c) contribute to the exchange of information and best practices.

AddedArticle 41 b (new): 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.

RemovedArticle 42 – paragraph 1: 1. The Commission shall be assisted by an Internal Market Emergency and Resilience Committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.

AddedArticle 41 c (new): 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.

Change 102

ChangedArticle 42 – paragraph 31: a1. (new):The 3a.Commission Beforeshall thebe adoptionassisted ofby anythe implementinginternal actmarket pursuantemergency toand thisresilience Regulation,committee. theThat Commissioncommittee shall publishbe a draft thereof and invite all interested parties tocommittee submitwithin theirthe commentsmeaning withinof aRegulation reasonable(EU) timeNo limit.182/2011.

Change 103

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

AddedArticle 42 – paragraph 3 a (new): 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.

Change 104

ChangedArticle 43 – paragraph 2: 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.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.

Change 105

ChangedArticle 44 – title: EvaluationReport, review and reviewevaluation

Change 106

ChangedArticle 44 – paragraph 1: 1. By ...… [OP: please insert date = five years from the entry into force of this Regulation] and every fivethree years thereafter, the Commission shall presentcarry out an evaluation of the effectiveness of this Regulation and shall submit a report to the European Parliament and the CouncilCouncil. onThat report shall include, in particular, an evaluation of the functioningfollowing: / (a) the work of the contingencyBoard planning,, vigilanceas well as its work in relation to the work of other relevant Union-level crisis management bodies; / (b) the stress tests, training and internalcrisis marketprotocols, referred to in this Regulation; / (c) the criteria for the activation of the emergency responsemode, systemreferred suggestingto anyin improvementsArticle if13; necessary./ (d) the digital tools put in place in accordance with Part Va; / That report shall be accompanied, where appropriate, by relevant legislative proposals.

Change 107

RemovedArticle 44 – paragraph 2: 2. This report shall include an evaluation of the work of the advisory board under the emergency framework established by this Regulation, and its relation to the work of other relevant Union level crisis management bodies.

AddedArticle 44 – paragraph 1 a (new): 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.

Change 108

ChangedArticle 44 – paragraph 2 a (new): 2a. For the purpose of paragraph 1, the advisory boardBoard and the Member States’ competent authorities of the Member States shall provide the Commission with all available information upon its request.

Change 109

AddedArticle 45 – title: Amendments to Regulation (EC) No 2679/98

AddedArticle 45 – paragraph 1: 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].’.

AddedArticle 46 – title: Entry into force and application

AddedArticle 46 – paragraph 1 a (new): This Regulation shall apply from … [6 months after the entry into force].