Changes from report parliamentary committee draft to plenary report

AddedArticle 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. The adoption of those decisions shall be without prejudice to the possibility for the Commission to adopt measures at a later stage, including the launching of an infringement procedure on the basis of Article 258 TFEU.

AddedArticle 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. That request shall be justified.

AddedArticle 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.

Article 19 – paragraph 16 a (new): 16a. The Commission shall publish the measures adopted by the Member States in the context of the internal market emergency that restrict free movement of goods, services and persons, including workers, which have been communicated. Those measures shall be published within one working day of their receipt via an electronic platform managed by the Commission.

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.

RemovedArticle 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 or which affect the exercise of the free movement of goods, services, persons and workers;

AddedArticle 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 such information in all official languages of the Union, paying particular attention to the situation and needs of the border regions.

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.

Title III – title: Internal market emergency response measures

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.

RemovedThe selective nature of information requests would render them useless for the compilation of official statistics, and rules for the data collection relating to the computation of official statistics are already in place. Moreover, information requests should be voluntary and contain sufficient safeguards for the protection of trade and business secrets, as well as intellectual property.

Article 24 – paragraph 7: deleted

Article 24 – paragraph 8: deleted

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.

RemovedArticle 27 – paragraph 1: 1. The Commission may invite one or more economic operators in crisis-relevant supply chains established in the Union to accept and prioritise certain orders for the production or supply of crisis-relevant goods (‘priority rated order’). The Commission shall specify all relevant information, including the quantity of the crisis-relevant goods and a fair price.

AddedArticle 26: deleted / (deleted) / (deleted) / (deleted)

RemovedArticle 27 – paragraph 2: 2. If an economic operator does not accept and prioritise priority rated orders, the Commission may, following a positive opinion of the advisory board, at the request of 14 Member States, assess the necessity and proportionality of resorting to priority rated orders. In such cases, the Commission shall give the economic operator concerned as well as any parties demonstrably affected by the potential priority rated order, the opportunity to state their position within a reasonable time limit set by the Commission in light of the circumstances of the case. In exceptional circumstances, following such an assessment, the Commission may, following a positive opinion of the advisory group, address an implementing act to the economic operator concerned, requiring it to either accept and prioritise the priority rated orders specified in the implementing act or explain why it is not possible or appropriate for that operator to do so. The Commission’s decision shall be based on objective data showing that such prioritisation is indispensable to ensure the maintenance of vital societal economic activities in the internal market.

AddedArticle 27 – paragraph 1: 1. The Commission, may invite, on a voluntary basis, one or more economic operators in crisis-relevant supply chains established in the Union to accept and prioritise certain orders for the production or supply of crisis-relevant goods (‘priority rated order’). The Commission shall specify all relevant information, including the quantity of the crisis-relevant goods and services, the delivery time and the price and shall inform the European Parliament thereof.

RemovedPriority rated orders should be an instrument of very last resort. Therefore, the conditions for activation should be narrower.

AddedArticle 27 – paragraph 2: 2. If an economic operator does not accept or prioritise priority rated orders, the Commission may, on its own initiative or at the request of 14 Member States, assess the necessity and proportionality of resorting to priority rated orders. In such cases, the Commission shall give the economic operator concerned as well as any parties demonstrably affected by the potential priority rated order, the opportunity to state their position within a reasonable time limit set by the Commission in light of the circumstances of the case. In exceptional circumstances, following such an assessment and taking into due consideration the opinion of the Board, the Commission may address an implementing act to the economic operator concerned, requiring it to either accept and prioritise the priority rated orders specified in the implementing act or explain in writing why it is not possible or appropriate for that operator to do so. Where the consideration of the Commission diverges from the opinion of the Board, the Commission shall provide a substantiated justification. The Commission’s decision shall be based on objective data which is factual, measurable and substantiated, showing that such prioritisation is indispensable to ensure the maintenance of vital societal economic activities in the internal market.

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.

Article 27 – paragraph 4 – subparagraph 2: deleted

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