Changes from adopted text to adopted text

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.