Changes from report parliamentary committee draft to plenary report

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.

RemovedArticle 16 – paragraph 2 a (new): 2a. Any restriction should take into account the situation of border regions.

AddedArticle 16 – paragraph 2: 2. Any such restriction shall be limited in time and immediately removed as soon as the internal market emergency mode is deactivated or earlier, in the event that the restriction is no longer justified or proportionate.

AddedArticle 16 – paragraph 2 a (new): 2a. Any restriction should take into account the situation of border regions and outermost regions, especially for cross-border workers.

Article 16 – paragraph 3: 3. Any requirement imposed on citizens and economic operators shall not create an undue or unnecessary administrative burden. Member States shall take every available measure to limit and reduce any administrative burden.

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.

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

RemovedArticle 16 – paragraph 3 e (new): 3e. When the internal market emergency mode has been activated in accordance with Article 14 and the activities exercised by the service providers, business representatives and workers are not affected by the crisis in a Member State and, despite the crisis, safe travel is possible, that Member State shall not impose travel restrictions on such categories of persons from other Member States in the event that doing so would prevent them from having access to their place of activity or workplace.

Removedmoved up from Art. 17.5

RemovedArticle 16 – paragraph 3 f (new): 3f. When the internal market emergency mode has been activated in accordance with Article 14 and the activities exercised by the service providers, business representatives and workers are not affected by the crisis in a Member State and, despite the crisis, safe travel is possible, that Member State shall not impose travel restrictions on the following categories of persons from other Member States in the event that doing so would prevent them from having access to their place of activity or workplace: / (a) service providers that provide crisis-relevant services that are listed in an implementing act adopted pursuant to Article 14(5), or business representatives or workers, including health workers, that are involved in the production of crisis-relevant goods or the provision of crisis-relevant services that are listed in an implementing act adopted pursuant to Article 14(5) to allow them to have access to the place of their activities, if activities in the sector concerned are still allowed in the Member State; / (b) civil protection workers to allow them to have unhindered access to their place of activity and their equipment in any of the Member States.

RemovedMoved up from Art. 17.6

RemovedArticle 16 – paragraph 4: deleted

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

RemovedArticle 16 – paragraph 5: deleted

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

Article 17: deleted

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.

Article 18 – paragraph 3: 3. The implementing acts referred to in paragraphs 1 and 2 shall be adopted in accordance with the examination procedure referred to in Article 42(2). On duly justified imperative grounds of urgency relating to the impacts of the crisis on the internal market, the Commission shall adopt immediately applicable implementing acts in accordance with the procedure referred to in Article 42(3).

Article 19 – title: Notifications and information

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.

Removed(Moved to recital 21)

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.

AddedArticle 19 – paragraph 8: 8. Within 10 days from the date of receipt of the notification, the Commission shall examine the compatibility of any draft or adopted measure with Union law, including Article 16 of this Regulation as well as the principles of proportionality and non-discrimination, and may provide comments on the notified measure when there are immediately obvious and serious grounds to believe that it does not comply with Union law. Such comments shall be taken into account by the notifying Member State. In exceptional circumstances, in particular to receive scientific advice, evidence or technical expertise in the context of an evolving situation, the period of 10 days may be extended by the Commission. The Commission shall set out the reasons justifying any such extension, and shall set a new deadline, which shall not exceed 30 days. It shall inform the Member States about the new deadline and the reasons for the extension without delay.

RemovedArticle 19 – paragraph 16: 16. The Commission shall publish any information provided under this Article, except information that is deemed confidential in accordance with paragraph 15.

AddedArticle 19 – paragraph 9: 9. Member States may also provide comments to the Member State which has notified a measure and that Member State shall take such comments into account.

AddedArticle 19 – paragraph 10: 10. The notifying Member State shall communicate the measures it intends to adopt and a justification on how it complies with the comments delivered in accordance with paragraph 8 to the Commission within 10 days after receiving them.

AddedArticle 19 – paragraph 11: 11. If the Commission finds that the measures communicated by the notifying Member State are still not in accordance with Union law, it may issue, within 15 days of that communication, a decision requiring that Member State to modify or to refrain from adopting the notified draft measure. The notifying Member State shall communicate the adopted text of a notified draft measure to the Commission without delay.

AddedArticle 19 – paragraph 12: 12. If the Commission finds that an already adopted measure that has been notified to it, is not in accordance with Union law, it may issue within 15 days of that notification a decision requiring the Member State to abolish it. The notifying Member State shall communicate the text of a revised measure in case it modifies the notified adopted measure without delay.

AddedArticle 19 – paragraph 13: 13. The period of 15 days referred to in paragraphs 11 and 12 may be exceptionally extended by the Commission in order to take account of a change of circumstances, in particular to receive scientific advice, evidence or technical expertise in the context of an evolving situation. The Commission shall set out the reasons justifying any such extension and shall set a new deadline and shall inform the Member States about the new deadline and the reasons for the extension without delay.