Changes from adopted text to adopted text

RemovedRecital 6: (6) The impact of a crisis on the internal market can lead to obstacles to free movement within the internal market, thus disrupting its normal functioning. A crisis can exacerbate shortages of crisis-relevant goods and services on the internal market. This Regulation should address the detrimental impact on the free movement of goods, services or persons in the internal market.

RemovedRecital 7: (7) Since any specific aspects of future crises that would impact the internal market and its supply chains are hard to predict, this Regulation should provide for a general framework for anticipating, preparing for, mitigating and minimising the negative impacts which any crisis may cause on the internal market and its supply chains and for strengthening their resilience.

RemovedRecital 8: (8) The measures set out in this Regulation should be deployed in a coherent, transparent, efficient, proportionate and timely manner, having due regard to the need to maintain vital societal functions, including public security, safety, public order, or public health, respecting the responsibility of the Member States to safeguard national security and their power to safeguard other essential state functions, including ensuring the territorial integrity of the state and maintaining law and order. This Regulation should therefore be without prejudice to matters related to national security and defence.

RemovedRecital 9: (9) To this end, this Regulation provides the necessary means to ensure the continued functioning of the internal market, the free circulation of goods, services and persons, including workers, and the availability of crisis-relevant goods and services to citizens, businesses and public authorities in times of crisis. / (deleted) / (deleted) / (deleted)

RemovedRecital 10: deleted

RemovedRecital 11: (11) This Regulation should not duplicate the existing framework for medicinal products, medical devices or other medical counter-measures under the EU Health Security Framework, including Regulation (EU) 2022/123 and Regulation (EU) 2022/2371. Therefore, medicinal products, medical devices or other medical counter-measures, falling under their remit, shall be excluded from the scope of this Regulation, except in relation to the provisions relating to free movement during an internal market emergency, and in particular those designed to re-establish and facilitate free movement as well as the notification mechanism.

RemovedRecital 12: (12) This Regulation should complement the Integrated Political Crisis Response arrangements operated by the Council under Council Implementing Decision (EU) 2018/1993 as regards its work on internal market impacts of cross-sectoral crises that require political decision-making.

RemovedRecital 16: (16) This Regulation should be without prejudice to labour law or working conditions, including health and safety at work, and to collective bargaining rights and the autonomy of the social partners.

RemovedRecital 17: (17) Where the activities to be carried out pursuant to this Regulation involve the processing of personal data, such processing should comply with the relevant Union legislation on personal data protection, namely Regulation (EU) 2016/679 of the European Parliament and of the Council1a and Regulation (EU) 2018/1725 of the European Parliament and of the Council1b. / 1a Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (OJ L 119, 4.5.2016, p. 1). / 1b Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39).

AddedP9_TC1-COD(2022)0278

RemovedRecital 18: (18) This Regulation lays down rights and obligations for economic operators, in particular natural or legal persons, including any temporary association of undertakings, which offer products or services of critical importance on the market. Furthermore, it defines critically important areas which are of systemic and vital importance for the functioning of the internal market, in particular areas related to the cross-border free movement of goods, services or persons, for example in the areas of food, transport, maintenance, health, or information technologies.

AddedPosition of the European Parliament adopted at first reading on 24 April 2024 with a view to the adoption of Regulation (EU) 2024/… of the European Parliament and of the Council establishing a framework of measures related to an internal market emergency and to the resilience of the internal market and amending Council Regulation (EC) No 2679/98 (Internal Market Emergency and Resilience Act)

RemovedRecital 19: (19) In order to ensure the smooth functioning of the internal market, this Regulation should set up an Internal Market Emergency and Resilience Board (‘the Board’) to advise the Commission on the appropriate measures for anticipating, preventing or responding to the impact of a crisis. The European Parliament should be able to appoint an expert as a member of the Board. The Commission should invite representatives of other crisis-relevant bodies at Union level as observers to the relevant meetings of the Board, including, where appropriate, representatives of Committee of the Regions and of the European Economic and Social Committee. The Commission should ensure that the European Parliament receives all documents at the same time as Member States’ representatives. The European Parliament should also systematically have access to the meetings of the Board to which Member States' experts are invited. The participation of representatives of EFTA States as observers should be ensured in accordance with the Agreement on the European Economic Area, as well as with the bilateral agreements between the Union and the Swiss Confederation. The Board should in particular assist and advise the Commission regarding measures that have an impact on the free movement of goods, services and persons, including workers, with a special focus on mobile workers, including frontier and cross-border workers.

Added(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) 2024/2747.)

RemovedRecital 20: (20) It is essential to guarantee greater transparency and accountability, particularly in times of crises, in line with the values on which the Union is based. The European Parliament plays a key role in ensuring democratic accountability. This Regulation should therefore lay down rules to enhance the emergency and resilience dialogue between the Commission, the European Parliament and the Council.

RemovedRecital 21: (21) To ensure effective coordination and information exchange in cases of emergency, this Regulation lays down an obligation for Member States to designate central liaison offices, responsible for contact with the Union level central liaison office designated by the Commission and with the central liaison offices of other Member States.

RemovedRecital 22: (22) Resilience is key to ensuring that the internal market delivers on one of its ultimate goal of supporting the Union’s economy. This Regulation should allow for anticipation of events and crises, building on ongoing analysis concerning critically important areas of the internal market economy and the Union’s continuous foresight work. In order to ensure the crisis-preparedness of all actors, it is necessary to set out rules on stress tests to be conducted at least every two years, and on trainings and crisis protocols involving not only relevant national authorities, but also stakeholders such as businesses, social partners and experts. It is also essential to lay down rules on strategic reserves of goods of critical importance, in order to ensure a proper exchange of information and provide support to Member States in order to assist them in coordinating and streamlining their efforts.

RemovedRecital 23: (23) In order to determine critical sectors, a methodology should be established taking into account specific criteria, namely the trade flows, demand and supply, concentration of supply, Union and global production and production capacities at different stages of the value chain and the interdependencies between economic operators.

RemovedRecital 24: (24) It is important to identify and monitor the supply chains of goods, services of critical importance during the vigilance mode, as well as the free movement of categories of workers of critical importance, preceding an internal market emergency. In order to account for the activation of the vigilance mode and the potential consequences for the proper functioning of the internal market that it triggers, implementing powers should be conferred on the Commission for the activation of that mode pursuant to Article 291(2) of the Treaty on the Functioning of the European Union. The vigilance mode should be activated for a maximum duration of six months with the possibility of an extension of the same duration, taking into due consideration the opinion provided by the Board. The Commission should present a report to the European Parliament and the Council of its findings concerning the monitoring, carried out during the vigilance mode, of the supply chains of goods, services of critical importance, the free movement of categories of workers of critical importance and the inventory of the most relevant economic operators.

RemovedRecital 25: (25) The Commission should carefully assess the severity of disruptions to the functioning of the internal market and the impact of a crisis on the basis of concrete and reliable evidence, and duly taking into account the criteria laid down in this Regulation.

RemovedRecital 26: (26) In order to account for the exceptional nature of and potential far-reaching consequences of the activation of the internal market emergency mode, which could negatively affect the free movement of goods, services and persons, and in order to ensure appropriate public scrutiny, the internal market emergency mode should only be activated by a legislative act in the form of a decision on a proposal made by the Commission and promptly adopted jointly by the European Parliament and the Council. To address the need for quick decision-making in times of crisis, decisions to activate the internal market emergency mode could be adopted by making use of urgency procedures, as these procedures have already been successfully used in the past.

RemovedRecital 27: (27) The activation of the emergency procedures should be conditional upon the activation of the internal market emergency mode and should be limited to the products designated as crisis-relevant goods. Therefore the activation of the internal market emergency mode, where necessary, should also trigger the application of certain crisis-response procedures governing the design, manufacture, conformity assessment and placing on the market of goods subject to Union harmonised rules or falling under the general safety framework rules, limited to the products designated as crisis-relevant goods.

RemovedRecital 28: (28) Restrictions on the free movement of goods, services and persons imposed by Member States should be prohibited, unless they are non-discriminatory, justified and proportionate. It should not be possible to suspend the fundamental freedoms laid down in the Treaty in times of crisis and Member States should not use the emergency situation as a pretext for adopting restrictions going beyond the rules of Treaty. Any response to an internal market emergency should strictly comply with such rules, as well as with the rules laid down in this Regulation. If Member States adopt measures affecting the free movement of goods or persons, or the freedom to provide services in preparation for and during internal market emergencies, they should limit such measures to what is necessary and remove them as soon as the emergency mode is deactivated or earlier, when they are no longer needed. Such measures should respect the principles of proportionality and non-discrimination and should take into consideration the particular situation of border regions.

RemovedRecital 29: (29) Representative organisations of economic operators have suggested that economic operators did not have sufficient information on the crisis response measures of the Member States during the pandemics, partly due to not knowing where to obtain such information, partly due to language constraints and the administrative burden implied in making repeated inquiries in all the Member States, especially in a constantly changing regulatory environment. This prevented them from making informed business decisions as to what extent they may rely on their free movement rights or continue cross-border business operations during the crisis. It is necessary to improve the availability of information on national and Union level crisis response measures.

RemovedRecital 30: (30) Article 21 TFEU lays down the right of Union citizens to move and reside freely within the territory of the Member States, subject to the limitations and conditions laid down in the Treaties and the measures adopted to give them effect. The detailed conditions and limitations are laid down in Directive 2004/38/EC. That Directive sets out the general principles applicable to those limitations and the grounds that may be used to justify such measures. Those grounds are public policy, public security or public health. In this context, restrictions to the freedom of movement can be justified if they are proportionate and non-discriminatory. This Regulation is not intended to provide for additional grounds for the limitation of the right to free movement of persons beyond those provided for in Chapter VI of Directive 2004/38/EC.

RemovedRecital 31: (31) The measures for facilitating the free movement of persons and any other measures affecting the free movement of persons provided under this Regulation are based on Article 21 TFEU and complement Directive 2004/38/EC, without affecting its application in the event of internal market emergencies. Such measures should not result in authorising or justifying restrictions to free movement contrary to the Treaties or other provisions of Union law.

RemovedRecital 32: (32) Article 45 TFEU lays down the right to free movement of workers, subject to the limitations and conditions laid down in the Treaties and the measures adopted to give them effect. This Regulation contains provisions which complement the existing measures in order to facilitate the free movement of persons, increase transparency and provide administrative assistance during internal market emergencies. Such measures include setting up the single points of contact and making them available to workers and their representatives in the Member States and at Union level during the internal market vigilance and emergency modes under this Regulation. Member States and the Commission are encouraged to use existing instruments for the set up and operation of these contact points. Such contact points should be active outside the emergency mode and should serve to help communication between the Member States and with the Board.

RemovedRecital 33: (33) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission as regards the possibility to adopt supportive measures for facilitating the free movement of persons. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council.

RemovedRecital 34: (34) The activation of the internal market vigilance or emergency mode should trigger an obligation for the Member States to notify the Commission of the adoption of measures regarding crisis-relevant restrictions on the free movement of goods, the freedom to provide services and the free movement of persons, including workers, accompanied by a statement justifying the introduction of such measures. The statement on the proportionality of such measures should take into account the impact of the measures, their scope and their expected duration. / (deleted) / (deleted)

RemovedRecital 35: (35) When examining the compatibility of any notified draft or adopted measures with the principle of proportionality, the Commission should pay due regard to the evolving crisis situation and often limited information that is at the disposal of the Member States when they seek to reduce the emerging risks in the context of the crisis. Where justified and necessary in the circumstances, the Commission may consider, based on any available information, including specialised or scientific information, the merits of Member State arguments. It is the task of the Commission to ensure that such measures comply with Union law and do not create unjustified obstacles to the functioning of the internal market. The Commission should react to the notifications of Member States as quickly as possible, taking into account the circumstances of the particular crisis, and at the latest within the time-limits set out in this Regulation.

RemovedRecital 36: (36) If the Commission finds that the notified measures are not in accordance with Union law, it may issue a decision requiring the Member State concerned to modify or to refrain from adopting the notified draft measure. The adoption of decisions is without prejudice to the prerogatives of the Commission as guardian of the Treaties, having the responsibility of ensuring respect for the free movement of goods, services and persons. To guarantee the effective implementation of this Regulation, the Commission should provide an effective response to breaches of Union law through infringement proceedings.

RemovedRecital 37: (37) To ensure that citizens, consumers, economic operators and workers and their representatives are provided with assistance in the event of an emergency, it is important to establish national single points of contact and a Union level single point of contact. Member States should ensure that it is possible for anyone affected by national crisis response measures to receive relevant information from the competent authorities, provided in clear, understandable and intelligible language, and in easily accessible manner for people with disabilities.

RemovedRecital 38: (38) In order to ensure that the specific internal market emergency measures provided for in this Regulation are used only where this is indispensable for responding to a particular internal market emergency, such measures should require individual activation by means of Commission implementing acts, which indicate the reasons for such activation and the crisis-relevant goods or services that such measures apply to.

RemovedRecital 39: (39) Furthermore, in order to ensure the proportionality of the implementing acts and due respect for the role of economic operators in crisis management, the Commission should only resort to the activation of the internal market emergency mode measures where economic operators are not able to provide a solution on a voluntary basis within a reasonable time. The reasons for such activation should be indicated in each act, and should take all particular aspects of a crisis into account.

RemovedRecital 40: (40) Information requests to economic operators should be used by the Commission as a last resort only where the information which is necessary for responding adequately to the internal market emergency, such as information necessary for procurement by the Commission on behalf of the Member States or estimating the production capacities of manufacturers of crisis-relevant goods whose supply chains have been disrupted, cannot be obtained from publicly available sources or as a result of information provided voluntarily any other way, in cooperation with the Board and the Member States.

RemovedRecital 41: (41) Where there are substantial risks to the functioning of the internal market or where there are severe shortages or an exceptionally high demand for goods of critical importance, measures at Union level aiming to ensure the availability of crisis-relevant goods, such as priority-rated orders, may prove to be indispensable in order to return to the normal functioning of the internal market.

RemovedRecital 41 a (new): (41a) Where there is a severe shortage of crisis-relevant goods and services on the internal market during an internal market emergency, and it is clear that the economic operators that operate on the internal market do not produce such goods, but would in principle be able to repurpose their production lines or would have sufficient capacity to provide the necessary goods or services, the Commission should be able to recommend to the Member States, as a last resort, to take measures to facilitate or request the ramping up or repurposing of the production capacity of manufacturers or the capacity of service providers to provide crisis-relevant services. In doing so, the Commission should inform the Member States as to the severity of the shortage and the type of the crisis-relevant goods and services that are necessary and should provide support and advice in relation to the flexibilities in the Union acquis for such purposes.

RemovedRecital 41 b (new): (41b) The measures ensuring regulatory flexibility would allow the Commission to recommend that Member States accelerate the procedures for granting permits necessary for the enhancement of the capacity to produce crisis-relevant goods or provide crisis-relevant services.

RemovedRecital 41 c (new): (41c) Additionally, to ensure that crisis-relevant goods are available during the internal market emergency, the Commission may invite the economic operators that operate crisis-relevant supply chains to prioritise orders for crisis-relevant goods or orders for inputs necessary for the production of crisis-relevant goods. In the event that an economic operator refuses to accept the invitation to prioritise such orders, despite objective evidence that the availability of crisis-relevant goods is indispensable, the Commission may invite the economic operators concerned to accept and prioritise certain orders, the fulfilment of which will then take precedence over any other private or public law obligations. In the event of failure to accept, the operator in question should give legitimate reasons for declining the request.

RemovedRecital 41 d (new): (41d) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission as regards the activation of specific emergency response measures, namely priority-rated orders, during an internal market emergency, to allow for a rapid and coordinated response. The priority-rated order should be placed at a fair and reasonable price, including, where relevant, appropriate compensation for all additional costs incurred by the economic operator, including costs arising from, for example, contracts outside of the Union or changing production lines. Those powers should be exercised in accordance with Regulation (EU) No 182/2011.

RemovedRecital 41 e (new): (41e) Furthermore, where severe shortages of crisis-relevant goods and services affect a Member State, the Member State concerned may inform the Commission thereof and indicate the quantities needed. The Commission should transmit the information to all competent authorities and streamline the coordination of Member States’ responses. To ensure availability of crisis-relevant goods during an internal market emergency, the Commission may also recommend that Member States distribute strategic reserves, having due regard to the principles of solidarity, necessity and proportionality.

RemovedRecital 41 f (new): (41f) In order to leverage the purchasing power and negotiating position of the Commission during the internal market vigilance and emergency modes, Member States should be able to request that the Commission procures on their behalf. It is also essential to ensure that Member States coordinate their actions with the support of the Commission and the Board prior to launching procedures for the procurement of crisis-relevant goods and services. Transparency is a core principle of effective public procurement that improves competition, increases efficiency and creates a level playing field. The European Parliament should be informed about procedures concerning joint procurements under this Regulation and, upon request, be granted access to the contracts concluded as a result of those procedures, subject to the adequate protection of commercially sensitive information, including business secrets.

RemovedRecital 41 g (new): (41g) It is necessary to lay down rules on digital tools in order to ensure preparedness when responding to possible future emergencies in a timely and efficient manner, as well as to guarantee the continued functioning of the internal market, the free circulation of goods, services and persons in times of crisis and the availability of crisis relevant goods and services to citizens, businesses and public authorities. When establishing such tools, the Commission should seek to ensure interoperability with already existing digital tools, such as the Internal Market Information System (IMI) in order to avoid duplication of requirements and any additional administrative burden. This Regulation should also set out rules for the adequate coordination, cooperation and exchange of information, and establish digital tools to guarantee the functioning of fast lanes for critical goods and services, aiming to accelerate authorisation, registration or declaration procedures. Furthermore, in order to enhance involvement of all economic actors, in particular businesses and civil society, the Commission should set up a stakeholder platform to facilitate and encourage voluntary response to internal market emergencies.

RemovedRecital 41 h (new): (41h) This Regulation respects fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union (the ‘Charter’). In particular, it respects the right to privacy of the economic operators enshrined in Article 7 of the Charter, the right to data protection set out in Article 8 of the Charter, the freedom to conduct business and the freedom of contract, which are protected by Article 16 of the Charter, the right to property, protected by Article 17 of the Charter, the right to collective bargaining and action, protected by Article 28 of the Charter and the right to an effective judicial remedy and to a fair trial as provided for in Article 47 of the Charter.

RemovedRecital 41 i: (41i) Since the objective of this Regulation cannot be sufficiently achieved by the Member States and can rather, by reason of the scale or effects of the action, be better achieved at Union level, the Union may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective.

RemovedRecital 41 j (new): (41j) The Commission should carry out an evaluation of the effectiveness of this Regulation and submit a report to the European Parliament and the Council, including an evaluation of the work of the Board, stress tests, training and crisis protocols, the criteria for the activation of the emergency mode as well as the use of digital tools. Furthermore, reports should be submitted after the deactivation of the emergency modes. Those reports should include an evaluation of the functioning of the emergency response system and of the impact of the emergency measures on fundamental rights, such as the freedom to conduct business, the freedom to seek employment and to work, and the right to collective bargaining and action, including the right to strike. This Regulation should not be interpreted as affecting the right of collective bargaining and the right to take collective action in accordance with the Charter of Fundamental Rights of the European Union (‘the Charter’), including the right of workers and employees to take collective action to defend their interests, including strike action. Furthermore, this Regulation should not affect the autonomy of the social partners as recognised by the TFEU.

RemovedRecital 41 k (new): (41k) Any actions under this Regulation should be consistent with the Union’s obligations under the relevant international law. The Union remains fully committed to international solidarity and strongly supports the principle that any measures deemed necessary taken under this Regulation, including those necessary to prevent or relieve critical shortages, are implemented in a manner that is targeted, transparent, proportionate, temporary and consistent with WTO obligations.

RemovedRecital 41 l (new): (41l) The Union framework should include interregional elements to establish coherent, multi-sectoral, cross-border internal market vigilance and emergency response measures, in particular considering the resources, capacities and vulnerabilities across neighbouring regions, specifically border regions.

RemovedRecital 41 m (new): (41m) In order to put in place a framework of crisis protocols, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission to supplement this Regulation by further specifying the modalities of cooperation of the Member States and Union authorities during the internal market vigilance and emergency modes, as well as the modalities of the secure exchange of information and of the risk and crisis communication. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making . In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.

RemovedRecital 41 n (new): (41n) Council Regulation (EC) No 2679/98 provides for a mechanism for bilateral discussions and notification of obstacles to the functioning of the internal market. In order to avoid the duplication of notification requirements in crisis situations, that Regulation should therefore be amended accordingly. Regulation (EC) No 2679/98 should not in any way affect the exercise of fundamental rights as recognised at Union level, including the right or freedom to strike or to take other action covered by the specific industrial relations systems in Member States, in accordance with national law. It should also be without prejudice to the right to negotiate, to conclude and enforce collective agreements, or to take collective action in accordance with national law.

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

RemovedArticle 1 – paragraph 2: deleted / (deleted) / (deleted) / (deleted) / (deleted) / (deleted)

RemovedArticle 1 – paragraph 3: deleted

RemovedArticle 1 – paragraph 4: deleted

RemovedArticle 2 – title: Scope

RemovedArticle 2 – paragraph 1: 1. The measures set out in this Regulation apply in relation to significant impacts of a crisis on the functioning of the internal market, without prejudice to fundamental rights, including the freedom to conduct business, as laid down in the Charter of Fundamental Rights of the European Union.

RemovedArticle 2 – paragraph 2 – point a: (a) medicinal products as defined in Article 1, point 2 of Directive 2001/83/EC of the European Parliament and of the Council;

RemovedArticle 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 Council 45; / (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).

RemovedArticle 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.

RemovedArticle 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.

RemovedArticle 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.

RemovedArticle 2 – paragraph 5: 5. This Regulation is without prejudice to Union competition rules, including antitrust, merger and State aid rules.

RemovedArticle 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.

RemovedArticle 2 – paragraph 6 – point a: deleted

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

RemovedArticle 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.

RemovedArticle 2 – paragraph 7: deleted

RemovedArticle 2 – paragraph 8: deleted

RemovedArticle 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;

RemovedArticle 3 – paragraph 1 – point 2: (2) ‘internal market vigilance mode’ means a framework for addressing the threat of a crisis leading to a significant disruption of the supply of goods and services of critical importance and which has the potential to escalate into an internal market emergency within the next six months;

RemovedArticle 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;

RemovedArticle 3 – paragraph 1 – point 4: (4) ‘critically important areas’ means areas that are of critical importance to the Union and its Member States and that are of systemic and vital importance for public security, public safety, public order, public health or the environment, and the disruption, failure, loss or destruction of which would have a significant impact on the functioning of the internal market, in particular on the free movement of goods, services or persons;

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

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;

RemovedArticle 3 – paragraph 1 – point 7: (7) ‘strategic reserves’ means a stock of goods of critical importance under the control of a Member State for which building a reserve may be necessary to prepare for an internal market emergency.

RemovedArticle 4 – title: Internal Market Emergency and Resilience Board

RemovedArticle 4 – paragraph 1: 1. An Internal Market Emergency and Resilience Board (the Board) is established.

RemovedArticle 4 – paragraph 2: 2. The Board shall be composed of one representative from each Member State and one expert appointed by the European Parliament. Each Member State shall nominate a representative and an alternate representative.

RemovedArticle 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 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.

RemovedArticle 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 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 – 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;

RemovedArticle 4 – paragraph 4 – point b: (b) assessing incidents that the Member States or other relevant stakeholders have alerted the Commission to in accordance with in Article 8 and their impact on the free movement of goods, services and persons, including workers;

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

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

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

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

RemovedArticle 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;

RemovedArticle 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.

RemovedArticle 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:

RemovedArticle 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;

RemovedArticle 4 – paragraph 5 – point b: deleted

RemovedArticle 4 – paragraph 5 – point c: deleted

RemovedArticle 4 – paragraph 5 – point d: deleted

RemovedArticle 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;

RemovedArticle 4 – paragraph 5 – point f: deleted

RemovedArticle 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:

RemovedArticle 4 – paragraph 6 – point b: (b) establishing whether the criteria for activation or deactivation of the emergency mode have been fulfilled, based on sufficient and reliable evidence;

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

RemovedArticle 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.

RemovedArticle 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.

RemovedArticle 4 – paragraph 8: 8. The Board shall meet at least three times a year. At its first meeting, the Board shall adopt its rules of procedure.

RemovedArticle 4 – paragraph 8 a (new): 8a. The Board shall, in cooperation with the Commission, adopt annually its activity report and transmit it to the European Parliament and the Council.

RemovedArticle 4 – paragraph 9: deleted

RemovedArticle 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.

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

RemovedArticle 5 – paragraph 2: 2. The Commission shall designate a Union level central liaison office for contacts with the central liaison offices of the Member States during the internal market vigilance and emergency modes under this Regulation, and where applicable with other bodies at Union level that are relevant to the respective crisis. The Union level central liaison office shall ensure the coordination and information exchange with the central liaison offices of the Member States for the management of the internal market vigilance and emergency modes, including as regards crisis relevant information, to be made publicly available pursuant to Article 41.

RemovedArticle 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 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 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.

RemovedArticle 6 – paragraph 1 – point d: deleted

RemovedArticle 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;

RemovedArticle 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;

RemovedArticle 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;

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

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

RemovedArticle 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.

RemovedArticle 6 – paragraph 3: deleted

RemovedArticle 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 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.

RemovedArticle 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.

RemovedArticle 7 a (new): Article 7a / Stress tests / 1. In order to ensure the free movement and the availability of goods and services of critical importance and to anticipate, and prepare for disruptions to the internal market, the Commission, taking into consideration the opinion of the Board, shall conduct and coordinate stress tests, including simulations and peer reviews, in particular for critical sectors identified by the Commission. / In particular, the Commission shall invite staff from the central liaison offices of all Member States to participate in simulations and shall: / (a) develop scenarios and parameters that capture the specific risks associated with internal market emergencies and that aim to identify vulnerabilities in critically important areas, as well as to assess the potential impact on the free movement of goods, services and persons; / (b) identify relevant economic operators and representative organisations, as well as other relevant actors or bodies involved in the prevention of, preparedness for and response to emergencies and invite them to participate on a voluntary basis; / (c) facilitate peer reviews and encourage the development of strategies for emergency preparedness; / (d) identify, in cooperation with all actors involved, risk mitigation measures after the completion of the stress tests. / 2. The Commission shall conduct stress tests regularly and at least once every two years, covering comprehensive Union-wide stress tests or specific geographical areas or bor…

RemovedArticle 7 b (new): Article 7b / Mapping of critical sectors / 1. The Commission taking into due consideration the opinion of the Board and the input of relevant Union level bodies, and after consulting the Member States, is empowered to adopt a delegated act to supplement this Regulation by laying down a methodology for a mapping exercise for determining critical sectors. / 2. For the purpose of the methodology referred to in paragraph 1, the Commission shall take into account the following: / (a) trade flows; / (b) demand and supply; / (c) concentration of supply; / (d) Union and global production and production capacities at different stages of the value chain. / (e) interdependencies among economic operators, both with operators operating within and outside the internal market. / 3. The Commission using the methodology referred to in paragraph 1 and taking into consideration the opinion of the board, shall regularly conduct its mapping exercise to identify critical sectors. Those mapping exercises shall be based solely on publicly or commercially available data and relevant non-confidential information from undertakings. / 4. The Commission shall publish the results of this mapping exercise.

RemovedArticle 8 – paragraph 1: 1. The central liaison office of a Member State shall immediately notify the Commission and the central liaison offices of other Member States of any incident that is likely to lead to an internal market emergency.

RemovedArticle 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 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:

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

RemovedArticle 8 – paragraph 3 – point b: (b) the duration or anticipated duration of the incidents;

RemovedArticle 8 – paragraph 3 – point c: (c) the geographical area; the proportion of the internal market affected and its cross-border effects; the impact on particularly vulnerable or exposed geographical areas such as the outermost regions;

RemovedArticle 8 – paragraph 3 – point d: (d) the effect of those incidents on non-diversifiable and non-substitutable inputs.

RemovedArticle 8 a (new): Article 8a / Strategic reserves / 1. Member States shall make best efforts to build up strategic reserves of goods of critical importance. The Commission shall provide support to Member States in order to assist them in coordinating and streamlining their efforts. In particular, the Commission shall ensure coordination and information exchange, and shall promote solidarity between national competent authorities in relation to shortages of crisis-relevant goods or services, or building strategic reserves for goods of critical importance. Capacities which are part of the rescEU reserve in accordance with Article 12 of Decision No 1313/2013/EU shall be excluded from the application of this Article. / 2. The exchange of information and best practices referred to in paragraph 1 may cover in particular: / (a) the probability and the potential impact of the shortages referred to in paragraph 1; / (b) the level of existing stocks of the economic operators and strategic reserves across the Union, and any information regarding the ongoing activities of economic operators to increase their stocks; / (c) the cost of building and maintaining such strategic reserves; / (d) the options for alternative supply and the potential for alternative supply; / (e) further information that could ensure the availability of such goods and services. / Such information and best practices shall be exchanged through a secure channel of communication.

RemovedPart III – title: Internal market vigilance mode

RemovedArticle 9 – paragraph 1 – introductory part: 1. Where the Commission, taking into due consideration the opinion provided by the Board, as well as the criteria set out in Article 8(3), considers that the conditions laid down in Article 3(2) are fulfilled, it shall activate the vigilance mode for a maximum duration of six months by means of an implementing act. Where the consideration of the Commission diverges from the opinion of the Board, the Commission shall provide a substantiated justification. Such an implementing act shall contain the following:

RemovedArticle 9 – paragraph 1 – point a: (a) an assessment of the potential impact of the expected crisis, including the specific situation of border regions and outermost regions;

RemovedArticle 9 – paragraph 1 – point b: (b) a list of the goods, services and categories of workers of critical importance concerned, and

RemovedArticle 9 – paragraph 1 – point c: (c) the vigilance measures to be taken, including a justification regarding the necessity and proportionality of such measures.

RemovedArticle 10 – paragraph 1: 1. The Commission, if it considers that the reasons for activating the vigilance mode pursuant to Article 9(1) remain valid, and taking into due consideration the opinion provided by the Board, may extend the vigilance mode for a maximum duration of six months by means of an implementing act. Where the Board has concrete and reliable evidence that the vigilance mode should be deactivated, it may adopt an opinion to that effect, and communicate it to the Commission.

RemovedArticle 10 – paragraph 2: 2. Where the Commission, taking into due consideration the opinion provided by the Board, finds that the conditions laid down in Article 3(2) are no longer fulfilled with respect to some or all vigilance measures or for some or all of the goods, services and categories of workers, it shall deactivate the vigilance mode in full or in part by means of an implementing act.

RemovedArticle 11 – paragraph 1: 1. When the vigilance mode has been activated in accordance with Article 9, national competent authorities shall monitor the supply chains of goods and services of critical importance and the free movement of categories of workers of critical importance that have been identified in the implementing act activating the vigilance mode.

RemovedArticle 11 – paragraph 2: 2. The Commission shall provide for standardised and secure means for the collection and processing of information for the purpose of paragraph 1, using electronic means. Without prejudice to national legislation requiring collected information including business secrets to be kept confidential, confidentiality with regard to the commercially sensitive information and information affecting the security and public order of the Union or its Member States shall be ensured.

RemovedArticle 11 – paragraph 3: 3. Member States shall, where possible, set up, update and maintain an inventory of the most relevant economic operators established on their respective national territory that operate along the supply chains of goods and services as well as categories of workers of critical importance that have been identified in the implementing act activating the vigilance mode. The contents of the inventory shall be confidential at all times.

RemovedArticle 11 – paragraph 4: 4. On the basis of the inventory set up pursuant to paragraph 3, national competent authorities shall, where necessary, address requests for voluntary provision of information to the most relevant operators along the supply chains of goods and services of critical importance as identified in the implementing act adopted pursuant to Article 9 established in their respective national territory. Such requests shall in particular states which information about factors impacting the availability of the identified goods and services of critical importance is requested. Each economic operator that voluntarily provides information shall do so on an individual basis in line with the Union rules on competition governing the exchange of information. The national competent authorities shall transmit the relevant findings to the Commission and the Board without undue delay via the respective central liaison office.

RemovedArticle 11 – paragraph 5: 5. National competent authorities shall have due regard to the administrative burden on economic operators and in particular SMEs, which may be associated with requests for information, and ensure that such administrative burden is kept to a minimum and that the confidentiality of the information is respected.

RemovedArticle 11 – paragraph 6: 6. The Commission may ask the Board to discuss the findings and prospects of evolution based on the monitoring of supply chains of goods and services of critical importance.

RemovedArticle 11 – paragraph 7: 7. On the basis of the information collected through the activities carried out in accordance with paragraph 1, the Commission shall present a report to the European Parliament and the Council of the aggregated findings.

RemovedArticle 11 – paragraph 7 a (new): 7a. The Commission may require, by means of implementing acts, that the Member States provide the following information on the goods of critical importance listed in an implementing act adopted pursuant to Article 9(1): / (a) the levels of strategic reserves in their territory; / (b) any potential for further purchase.

RemovedArticle 11 – paragraph 7 b (new): 7b. Before adopting the implementing act, the Commission shall: / (a) demonstrate it has no other access to such information and justify its need; and / (b) request the opinion of the Board. / Where the consideration of the Commission diverges from the opinion of the Board, the Commission shall also provide a substantiated justification.

RemovedArticle 11 – paragraph 7 c (new): 7c. The implementing act shall specify the goods for which information is to be given.

RemovedArticle 11 – paragraph 7 d (new): 7d. The request for information cannot exceed a period of six months and cannot be renewed.

RemovedArticle 12: deleted

RemovedPart IV – title: Internal market emergency

RemovedArticle 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 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;

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

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

RemovedArticle 13 – paragraph 1 – point c a (new): (ca) the estimated shortage of goods and services in the internal market;

RemovedArticle 13 – paragraph 1 – point d: (d) the actual or potential impact of the crisis in terms of degree and duration on economic and vital societal activities, the environment and public safety;

RemovedArticle 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;

RemovedArticle 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;

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

RemovedArticle 13 – paragraph 1 – point i a (new): (ia) the introduction of travel restrictions or border controls.

RemovedArticle 14 – paragraph 1: 1. The internal market emergency mode may be activated without the internal market vigilance mode having previously been activated with regard to the same goods or services. Where the vigilance mode has previously been activated, the emergency mode may replace it partially or entirely.

RemovedArticle 14 – paragraph 2: 2. Where the Commission, taking into due consideration the opinion of the Board, considers that there is an internal market emergency, it shall adopt a legislative proposal to activate the internal market emergency mode.

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

RemovedArticle 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 Article 8a regarding the same goods and services.

RemovedArticle 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 by means of the legislative act referred to in paragraph 3, the Commission shall, without delay, adopt such a list by means of an implementing act. That list may be amended by means of implementing acts.

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

RemovedArticle 15 – paragraph 1: 1. Where the Commission considers, taking into due consideration the opinion provided by the Board and based on the grounds referred to in Article 14(2), that an extension of the internal market emergency mode is necessary, it shall propose to the European Parliament and the Council to extend the internal market emergency mode. Subject to urgent and exceptional changes in circumstances, the Commission shall endeavour to do so no later than 30 days before the expiry of the period for which the internal market emergency mode has been activated. / The internal market emergency mode may be extended by means of a legislative act on the basis of the legislative proposal referred to in the first subparagraph. The duration of the extension shall be specified in that legislative act, and shall be restricted to a maximum of six months.

RemovedArticle 15 – paragraph 2: 2. Where the Board has concrete and reliable evidence that the internal market emergency mode should be deactivated, it may formulate an opinion to that effect and transmit it to the Commission. Where the Commission, taking into consideration the opinion provided by the Board, considers that the internal market emergency no longer exists, it shall propose to the European Parliament and the Council, without delay, the deactivation of the internal market emergency mode.

RemovedArticle 15 – paragraph 3: 3. The measures taken in accordance with Articles 24 to 33 shall cease to apply upon deactivation of the internal market emergency mode. The Commission shall submit to the European Parliament and the Council an assessment on the effectiveness of the measures taken in addressing the internal market emergency no later than three months after the expiry of the measures, on the basis of the information gathered via the monitoring mechanism set out in Article 11.

RemovedPart IV – Title II – title: Free movement during the internal market emergency

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

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

RemovedArticle 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: 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.

RemovedArticle 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.

RemovedArticle 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.

RemovedArticle 16 – paragraph 3 a (new): 3a. Member States shall not adopt any of the following: / (a) restrictions on the intra-Union export of goods or provision or receipt of services, or measures having equivalent effect; / (b) discrimination between Member States or between citizens, including in their role as service providers or workers, based directly or indirectly on nationality or, in the case of companies, the location of the registered office, central administration or principal place of business; or / (c) restrictions on the free movement of persons or travel restrictions on persons involved in the production, maintenance or transportation of crisis-relevant goods that are listed in an implementing act adopted pursuant to Article 14(5) and their parts or restrictions on persons involved in the provision of crisis-relevant services that are listed in an implementing act adopted pursuant to Article 14(5), or other measures having equivalent effect, that: / (i) cause shortages of necessary workforce on the internal market and thus disrupt supply chains of crisis-relevant goods and services or create or increase shortages of such goods and services in the internal market; or / (ii) are directly or indirectly discriminatory based on nationality or the place of residence of the person.

RemovedArticle 17: deleted

RemovedArticle 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 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 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).

RemovedArticle 19 – title: Notifications and information

RemovedArticle 19 – paragraph 1 – subparagraph 1: During the internal market vigilance mode or the internal market emergency mode, Member States shall notify the Commission of any draft measures linked to the crisis and restricting the free movement of goods and the freedom to provide services as well as adopted measures restricting of the free movement of persons, including workers, together with the reasons for those measures.

RemovedArticle 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 and, where possible, accompanied by concrete evidence. Member States shall communicate to the Commission the full text of the national legislative or regulatory provisions which contain or are modified by such a measure.

RemovedArticle 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.

RemovedArticle 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 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.

RemovedArticle 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 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.

RemovedArticle 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.

RemovedArticle 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.

RemovedArticle 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.

RemovedArticle 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.

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. 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.

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. That request shall be justified.

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.

RemovedArticle 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.

RemovedArticle 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 referred to in Article 21. Member States shall ensure a continuous dialogue with all relevant stakeholders, including social partners and international partners.

RemovedArticle 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 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;

RemovedArticle 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 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.

RemovedArticle 22 – paragraph 2 – introductory part: 2. The Union level single point of contact shall provide citizens, consumers, local and regional authorities, economic operators, workers and their representatives with the following:

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

RemovedArticle 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;

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

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

RemovedTitle III – title: Internal market emergency response measures

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

RemovedArticle 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 14(5) to which such a measure applies. That measure shall apply only for the duration of the emergency mode.

RemovedArticle 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).

RemovedArticle 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.

RemovedArticle 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.

RemovedArticle 24 – paragraph 3 – introductory part: 3. The information requests referred to in paragraph 1, may concern:

RemovedArticle 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;

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 regarding production facilities located in the Union or in a third country in which the operator operates or contracts.

RemovedArticle 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 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 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.

RemovedArticle 24 – paragraph 7: deleted

RemovedArticle 24 – paragraph 8: deleted

RemovedArticle 25 – paragraph 1: 1. Information received from liaison offices of the Member States, the Board, economic operators or any other source as a result of the application of this Regulation shall be used only for the purpose for which it was requested.

RemovedArticle 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.

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

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

RemovedArticle 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.

RemovedArticle 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.

RemovedArticle 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 appropriate, for it to comply with the requirement. Such reasons include the inability of the operator to perform the priority rated order due to insufficient production capacity or a serious risk that accepting the order would entail particular hardship or economic burden for the operator, taking into account, in particular, the prices and quantities specified by the Commission, or other considerations of comparable gravity. These reasons could entail the legitimate aims of the undertaking concerned and the cost, effort, technical practicality, and long-term business consequences, required for any change in production sequence.

RemovedArticle 27 – paragraph 4 – subparagraph 2: deleted

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

RemovedArticle 28 – paragraph 1 – point a: deleted

RemovedArticle 28 – paragraph 2: 2. Fines imposed in the cases referred to in paragraph 1 (b) shall not exceed 200 000 EUR. Fines imposed on economic operators that are SMEs, as defined in Recommendation 2003/361/EC, shall not exceed 25 000 EUR.

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

RemovedArticle 29 – paragraph 1 – point a: deleted

RemovedArticle 29 – paragraph 1 – point b: (b) three years in the case infringements of provisions concerning the obligation to prioritise the production of crisis-relevant goods pursuant to Article 27.

RemovedArticle 31 – paragraph 1 – introductory part: 1. Before adopting a decision pursuant to Article 28, the Commission shall give the economic operator concerned the opportunity of being heard on:

RemovedArticle 31 – paragraph 2: 2. The economic operators concerned may submit their observations to the Commission’s preliminary findings within a time limit which shall be fixed by the Commission in its preliminary findings and which may not be less than 21 days.

RemovedArticle 31 – paragraph 3: 3. The Commission shall base its decisions only on objections on which economic operators concerned have been able to comment.

RemovedArticle 31 – paragraph 4: 4. The rights of defence of the economic operator concerned shall be fully respected in any proceedings. The economic operator concerned shall be entitled to have access to the Commission's file under the terms of a negotiated disclosure, subject to the legitimate interest of economic operators in the protection of their business secrets. The right of access to the file shall not extend to confidential information and internal documents of the Commission or the authorities of the Member States. In particular, the right of access shall not extend to correspondence between the Commission and the authorities of the Member States. Nothing in this paragraph shall prevent the Commission from disclosing and using information necessary to prove an infringement.

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

RemovedArticle 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 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.

RemovedArticle 33 – title: Measures to ensure the availability and supply of crisis-relevant goods or services

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, taking into account the opinion of the Board, recommend that Member States take specific measures, including to ensure the efficient supply chains and production lines.

RemovedArticle 33 – paragraph 2 – point a: (a) facilitating the expansion or repurposing of existing or the establishment of new production capacities for crisis-relevant goods or services;

RemovedArticle 33 – paragraph 2 – point c a (new): (ca) facilitating the free movement of crisis-relevant services.

RemovedPart V – title: Public procurement

RemovedPart V – Chapter I – title: Public procurement of goods and services of critical importance and crisis-relevant goods and services by the Commission on behalf of Member States during vigilance and emergency modes

RemovedArticle 34 – paragraph 1: 1. Two or more Member States may request that the Commission launch a procurement on behalf of the Member States that wish to be represented by the Commission (ʽparticipating Member Statesʼ), for the purchasing of goods and services of critical importance listed in an implementing act adopted pursuant to Article 9(1) or crisis-relevant goods and services listed in an implementing act adopted pursuant to Article 14(5).

RemovedArticle 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.

RemovedArticle 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.

RemovedArticle 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.

RemovedArticle 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.

RemovedArticle 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.

RemovedArticle 35 – paragraph 3: deleted

RemovedArticle 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 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.

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

RemovedArticle 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 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 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.

RemovedArticle 37 – paragraph 1 d (new): 1d. The Commission shall inform the European Parliament about the joint procurement procedures conducted in accordance with this Article and, upon request, grant access to the contracts that are concluded as a result of those procedures, subject to the adequate protection of commercially sensitive information, including business secrets, commercial relations and the interests of the Union. The Commission shall communicate information to the European Parliament regarding sensitive documents in accordance with Article 9(7) of Regulation (EC) No 1049/2001.

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 Board prior to launching procurement of crisis-relevant goods and services listed in an implementing act adopted pursuant to Article 14(5) in accordance with Directive 2014/24/EU of the European Parliament and of the Council55 . The Board may issue recommendations on the coordination of these actions. / 55 Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC (OJ L 94, 28.3.2014, p. 65).

RemovedArticle 39 – paragraph 1: Where the internal market emergency mode has been activated pursuant to Article 14 and procurement by the Commission on behalf of Member States has been launched in accordance with Articles 34 to 36, the contracting authorities of the participating Member States shall not procure goods or services covered by such procurement by other means, except in cases referred to in Article 34(3a). Any procurement contracts concluded in violation of this Article shall be considered void.

RemovedArticle 40: deleted / (deleted) / (deleted) / (deleted) / (deleted)

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

RemovedArticle 41 – title: General provisions on digital tools

RemovedArticle 41 – paragraph 1: 1. By ... [6 months after the entry into force of this Regulation], the Commission and the Member States shall set up, maintain and regularly update interoperable digital tools or IT infrastructures supporting the objectives of this Regulation. Such tools or infrastructures shall be developed outside the duration of an internal market emergency in order to respond to possible future emergencies in a timely and efficient manner. They shall include, inter alia, standardised, secure and effective digital tools for the secure collection and exchange of information for the purposes of Article 7a, real time information on national restrictions as referred to in Article 41a, fast lanes as referred to in Article 41b and the stakeholder platform referred to in Article 41c.

RemovedArticle 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).

RemovedArticle 41 – paragraph 2 a (new): 2a. Member States shall regularly exchange information with the Commission and among themselves on all matters falling within the scope of this Regulation via a secure channel of communication.

RemovedArticle 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 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 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.

RemovedArticle 42 – paragraph 1: 1. The Commission shall be assisted by the internal market emergency and resilience committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.

RemovedArticle 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.

RemovedArticle 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]. 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.

RemovedArticle 43 – paragraph 5 a (new): 5a. A delegated act adopted pursuant to Article 6 shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of three months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by three months at the initiative of the European Parliament or of the Council.

RemovedArticle 44 – title: Report, review and evaluation

RemovedArticle 44 – paragraph 1: 1. By … [OP: please insert date five years from the entry into force of this Regulation] and every three years thereafter, the Commission shall carry out an evaluation of the effectiveness of this Regulation and shall submit a report to the European Parliament and the Council. That report shall include, in particular, an evaluation of the following: / (a) the work of the Board , as well as its work in relation to the work of other relevant Union-level crisis management bodies; / (b) the stress tests, training and crisis protocols, referred to in this Regulation; / (c) the criteria for the activation of the emergency mode, referred to in Article 13; / (d) the digital tools put in place in accordance with Part Va; / That report shall be accompanied, where appropriate, by relevant legislative proposals.

RemovedArticle 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.

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

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

RemovedArticle 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].’.

RemovedArticle 46 – title: Entry into force and application

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