Changes from report parliamentary committee draft to plenary report

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.

RemovedArticle 4 – paragraph 3 a (new): 3a. The Commission may invite organisations representing all interested parties, in particular representatives of economic operators, stakeholder organisations and social partners, to attend meetings of the advisory board as observers. The Commission may also invite experts with a specific competence in a crisis-relevant subject to participate in the work of the board on an ad hoc basis.

AddedArticle 4 – paragraph 4 – introductory part: 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:

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

AddedArticle 4 – paragraph 4 – point a: (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;

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;

Article 4 – paragraph 4 – point b b (new): (bb) gathering foresight on the possibility of a crisis occurring, conducting data analysis and providing market intelligence;

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;

Article 4 – paragraph 4 – point b d (new): (bd) analysing aggregated data received by other crisis-relevant bodies at Union and international level;

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;

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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;

Article 4 – paragraph 5 – point b: deleted

Change 30

Removedmoved to Art. 8a (new)

Article 4 – paragraph 5 – point c: deleted

Change 31

Removedmoved to Art. 8a (new)

Article 4 – paragraph 5 – point d: deleted

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;

Article 4 – paragraph 5 – point f: deleted

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.

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

AddedArticle 6 – paragraph 1 – point d: deleted

AddedArticle 6 – paragraph 2 – point a: (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;

AddedArticle 6 – paragraph 2 – point b: (b) consultation of the representatives of economic operators, including SMEs, on their initiatives and actions to mitigate and respond to potential internal market emergencies;

AddedArticle 6 – paragraph 2 – point b a (new): (ba) consultation of social partners on the implications on the free movement of workers in the areas of critical importance;

AddedArticle 6 – paragraph 2 – point c: (c) technical level cooperation in the vigilance and emergency modes across the sectors of the internal market;

AddedArticle 6 – paragraph 2 – point d: (d) risk and emergency communication, with a coordinating role for the Commission, taking into account already existing structures;

AddedArticle 6 – paragraph 2 a (new): 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.

Article 6 – paragraph 3: deleted

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.