15 Amendments of Martina DLABAJOVÁ related to 2022/0278(COD)
Amendment 119 #
Proposal for a regulation
Article 9 – paragraph 1 – introductory part
Article 9 – paragraph 1 – introductory part
1. Where the Commission, taking into consideration the opinion provided by the advisory group,duly reflecting the decision provided by the advisory group, considers that the threat referred to in Article 3(2) is present, it shall activate the vigilance mode for a maximum duration of six months by means of an implementing act. Where the Commission considers that the threat referred to in Article 3(2) is present, despite the advisory group stating otherwise in its decision, it shall activate the vigilance mode for a maximum duration of six months by means of an implementing act adopted by an unanimous decision. Such an implementing act shall contain the following:
Amendment 136 #
Proposal for a regulation
Article 9 a (new)
Article 9 a (new)
Article9a 3. The Commission shall transmit the opinion provided by the advisory group that led to the activation of the vigilance mode simultaneously to the European Parliament and the Council without undue delay.
Amendment 137 #
Proposal for a regulation
Article 9 b (new)
Article 9 b (new)
Article9b 4. In order to ensure greater transparency and accountability, the competent committee of the European Parliament may invite the Commission to provide information about the state of play of the vigilance mode.
Amendment 146 #
Proposal for a regulation
Article 12 – paragraph 1 – subparagraph 1
Article 12 – paragraph 1 – subparagraph 1
The Commission may, among the goods of strategic importance listed in an implementing act adopted pursuant to Article 9(1),, identify those for which it may be necessary to build a reserve in order to prepare for a Single Market emergency, taking into account the probability and impact of shortages. The Commission shall give a detailed reason for this identification and for the need to build a reserve and inform the Member States thereof.
Amendment 159 #
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 3
Article 12 – paragraph 2 – subparagraph 3
Member States shall report to the Commission the approximate levels of strategic reserves of goods of strategiccritical importance held by them, and the levels of other stocks of such goods held on their territory, where such information is known. Such information shall be confidential.
Amendment 173 #
Proposal for a regulation
Article 12 – paragraph 6 – subparagraph 2
Article 12 – paragraph 6 – subparagraph 2
Amendment 196 #
Proposal for a regulation
Article 27 – paragraph 2
Article 27 – paragraph 2
2. If an economic operator does not accept and prioritise priority rated orders, the Commission may, following a positive decision of the advisory group, at 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, the Commission may following a positive decision of the advisory group, address an implementing act to the economic operator concerned, requiring it to either accept and prioritise the priority rated orders specified in the implementing act or explain why it is not possible or appropriate for that operator to do so. The Commission’s decision shall be based on objective data showing that such prioritisation is indispensable to ensure the maintenance of vital societal economic activities in the Single Market emergency and may only be adopted where the crisis-relevent goods cannot be procured in accordance with Articles 34, 37 and 38.
Amendment 200 #
Proposal for a regulation
Article 27 – paragraph 4 – subparagraph 1
Article 27 – paragraph 4 – subparagraph 1
Amendment 202 #
Proposal for a regulation
Article 27 – paragraph 4 – subparagraph 2
Article 27 – paragraph 4 – subparagraph 2
Amendment 207 #
Proposal for a regulation
Article 27 – paragraph 6
Article 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 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 reasonablemarket price.
Amendment 208 #
Proposal for a regulation
Article 27 – paragraph 7
Article 27 – paragraph 7
7. Where an economic operator accepts and prioritises a priority rated order, it shall not be liable for any breach of contractual obligations governed by the law of a Member State that is required to comply with the priority rated order. Liability shall be excluded only to the extent the violation of contractual obligations is necessary for compliance with the required prioritisation. Entities and persons affected by the necessary breach of the contractual obligations for compliance with the required prioritisation shall also not be liable themselves for any breach of contractual obligations derived from the original breach.
Amendment 215 #
Proposal for a regulation
Article 28 – paragraph 2
Article 28 – paragraph 2
2. Fines imposed in the cases referred to in paragraph 1 (ab) and (b)shall not exceed 200 000 EUR. The maximum fine imposed in the cases referred to in paragraph 1(b) for economic operators that are SMEs as defined in Recommendation 2003/361/EC shall not exceed 2005 000 EUR.
Amendment 217 #
Proposal for a regulation
Article 28 – paragraph 3
Article 28 – paragraph 3
3. Fines imposed in the cases referred to in paragraph 1 (c) shall not exceed 0,5 % 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 0,5 % of total turnover in the preceding business year. The maximum fine imposed in the cases referred to in paragraph 1(c) for economic operators that are SMEs as defined in Recommendation 2003/361/EC shall not exceed 0.1 % 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 but not exceeding 0.1% of total turnover in the preceding business year.
Amendment 225 #
Proposal for a regulation
Article 34 – paragraph 2
Article 34 – paragraph 2
2. The Commission shall assess the utility, necessity and proportionality of the request. If the Commission decides to launch a procurement on behalf of the Member States, it shall inform the advisory group and the Member States concerned about its intention to carry out such procurement. Where the Commission intends not to follow the request, it shall inform the Member States concerned and the advisory group referred to in Article 4 and give reasons for its refusal. The Commission shall launch a call for other Member States to participate in the request.
Amendment 230 #
Proposal for a regulation
Article 34 – paragraph 3 a (new)
Article 34 – paragraph 3 a (new)
3a. 3 a. If the Commission is unable to award the contract to a suitable economic operator, the Commission shall immediately inform the Member States. Member States shall have a right to initiate their own procurement processes without delay.