Activities of Alex AGIUS SALIBA related to 2022/0278(COD)
Plenary speeches (1)
Single market emergency instrument (debate)
Shadow opinions (1)
OPINION on the proposal for a regulation of the European Parliament and of the Council establishing a Single Market emergency instrument and repealing Council Regulation No (EC) 2679/98
Amendments (67)
Amendment 75 #
Proposal for a regulation
Recital 8
Recital 8
(8) The framework of measures set out under 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, meaning including public security, safety, public order, or public health or the environment 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. The framework should also recognise the important role played by social partners in elaborating and implementing contingency measures and ensure full respect for collective bargaining rights and the autonomy of social partners.
Amendment 78 #
Proposal for a regulation
Recital 9 – indent 3
Recital 9 – indent 3
– the means for the timely accessibility and availability of the information which is needed for a targeted response and adequate market behaviour by businesses, workers and citizens during a crisis.
Amendment 82 #
Proposal for a regulation
Recital 28
Recital 28
(28) In cases where there are substantial risks to the functioning of the Single Market or in cases of severe shortages or an exceptionally high demand of goods and services of strategic importance, measures at Union level aimed to ensure the availability of crisis-relevant products and, where relevant, services, such as priority rated orders, may prove to be indispensable for the return to the normal functioning of the Single Market.
Amendment 83 #
Proposal for a regulation
Recital 29
Recital 29
(29) In order to leverage the purchasing power and negotiating position of the Commission during the Single Market vigilance mode and the Single Market emergency mode, Member States should be able to request the Commission to procure on their behalf. To this end, the Commission should choose environmental and social award criteria that allow them to choose the best price-quality ratio. With a view to an appropriate integration of environmental, social and labour requirements into public procurement procedures it is of particular importance that the Commission take relevant measures to ensure compliance with obligations in the fields of environmental, social and labour European law and, where relevant, laws, regulations, decrees and decisions, at both national and Union level, as well as from collective agreements, provided that such rules, and their application, comply with Union law.
Amendment 84 #
Proposal for a regulation
Recital 29 a (new)
Recital 29 a (new)
(29a) Research and innovation, including eco-innovation and social innovation, are among the main drivers of smart, sustainable and inclusive growth. Commission when procuring on behalf of Member States should make the best strategic use of public procurement to spur research, eco-innovation and social innovation, as well as set general mandatory requirements for environmental, social and innovation procurement that will help improve the efficiency and quality of public services while addressing major societal challenges.
Amendment 87 #
Proposal for a regulation
Recital 32
Recital 32
(32) Additionally, to ensure that crisis- relevant goods are available during the Single Market emergency, the Commission, after consulting the Advisory Group, and as a measure of a last resort, may invite the economic operators that operate in crisis-relevant supply chains to prioritise the orders of inputs necessary for the production of final goods that are crisis relevant, or the orders of such final goods themselves. Should an economic operator refuse to accept and prioritise such orders, following objective evidence that the availability of crisis-relevant goods is indispensable, the Commission may decide to 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 explain its legitimate reasons for declining the request. The Commission mayshould make such reasoned explanation or parts of it public, with due regard to business confidentiality.
Amendment 91 #
Proposal for a regulation
Recital 35
Recital 35
(35) 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 free movement of persons, including the protection of workers exercising this right, for establishing a list of individual targets (quantities and deadlines) for those strategic reserves that the Member States should maintain, so that the objectives of the initiative are achieved. Furthermore, implementing powers should be conferred on the Commission as regards athe vigilance mode and the vigilance measures should be jointly activated by the Council and the European Parliament as the legitimate decision-makers under the EU Treaties. The decision for its activation should be based on a proposal made by the Commission and promptly adopted jointly by both the European Parliament and the Council. The European Parliament and the Council should be equally involved in adoption of vigilance decisions and measures. In order to ensure appropriate public scrutiny, the Single Market vigilance mode Activating the vigilance mode and vigilance measures are important in order to carefully monitor the strategic supply chains and coordinate the building up of strategic reserves for goods and services of strategic importance. Moreover, implementing powers should be conferred on the Commission as regards activation of specific emergency response measures at the time of a Single Market emergency, to allow for a rapid and coordinated response. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council.
Amendment 92 #
Proposal for a regulation
Recital 39 a (new)
Recital 39 a (new)
(39a) The success of the digital tools will depend on the joint effort of the Commission and the Member States. The digital tools should be supported by technical tools developed by the Commission in close cooperation with the Member States and where possible include a common user interface integrated into the existing services, such as Your Europe portal. Your Europe portal should provide links to the digital tools and to procedures and to assistance or problem-solving services available on portals managed by competent authorities in Member States and by the Commission. In order to facilitate the use of digital tools, they should be available in all official languages of the Union.
Amendment 96 #
Proposal for a regulation
Article 2 – paragraph 7 a (new)
Article 2 – paragraph 7 a (new)
7a. This regulation shall not in any way affect the right of collective bargaining and action as laid down in Article 28 of the Charter of Fundamentals Rights of the European Union. Nor shall it affect the explicit or implicit right or freedom to negotiate and conclude collective agreements or to take collective action, including strike action in accordance with national law or practise, and any other actions covered by the specific industrial relations systems in Member States.
Amendment 99 #
Proposal for a regulation
Article 3 – paragraph 1 – point 1
Article 3 – paragraph 1 – point 1
(1) ‘crisis’ means an exceptional unexpected and sudden, natural or man- made event of extraordinary nature and scale, with the exclusion of collective actions, that takes place inside or outside of the Union and results or risks to result in a significant disruption of the supply of goods and services;
Amendment 104 #
Proposal for a regulation
Article 3 – paragraph 1 – point 7 a (new)
Article 3 – paragraph 1 – point 7 a (new)
(7a) ‘economic operator’ means the manufacturer, the authorised representative, the importer, the distributor, the service provider or any other natural or legal person who is subject to obligations in relation to the provision of a service or the manufacture of products, making them available on the market or putting them into service;
Amendment 105 #
Proposal for a regulation
Article 3 a (new)
Article 3 a (new)
Article3a Emergency and Resilience Dialogue In order to enhance the dialogue between the institutions of the Union, in particular the European Parliament, the Council and the Commission, in relation to resilience and the effective response to crises and to ensure greater transparency and accountability, the competent committee of the European Parliament may invite the President of the Council and Commission to appear before the committee to discuss: (a) exchanges of information on all matters falling within the scope of this Regulation; (b) opinions, recommendations and reports adopted by the Advisory Group; (c) crisis protocols and their implementation and their affect on industry and notifications of significant incidents; (d) the activation of the vigilance mode, its extension and deactivation, and the vigilance measures pursuant to Part III of this Regulation, and notifications submitted by the Member States during the vigilance mode; (e) the outcome of the internal market protection and resilience assessments report under Article 9 of this Regulation. (f) the activation of the emergency mode, its extension and deactivation, and the measures for upholding, re-establishing and facilitating the free movement of goods, services and persons; (g) priority rated orders pursuant to Article 27 of this Regulation; (h) the procurement of goods and services of strategic importance and crisis-relevant goods; (i) any further initiatives, decisions or measures taken under this regulation. 2. The competent committee of the European Parliament may offer the opportunity to a concerned Member State to participate in an exchange of views. 3. The Council and the Commission shall regularly inform the European Parliament of the application of this Regulation.
Amendment 108 #
Proposal for a regulation
Article 4 – paragraph 5 – point c
Article 4 – paragraph 5 – point c
(c) consulting the representatives of trade unions, economic operators, including SMEs, and industry to collect market intelligence; and to better understand the social impacts of the potential crisis and to anticipate implications for the European industry and on the labour market;
Amendment 110 #
Proposal for a regulation
Article 4 – paragraph 5 – point f
Article 4 – paragraph 5 – point f
(f) maintaining a repository of national and Union crisis measures that have been used in previous crises that have had an impact on the Single Market and its supply chains and identify strategic supply chains and key goods and services in the internal market that are necessary for the maintenance of vital societal or economic activities of the European industry as part of the single market protection and resilience assessments report in article 9.
Amendment 111 #
Proposal for a regulation
Article 4 – paragraph 8
Article 4 – paragraph 8
8. The advisory group shall meet at least three times a year. At its first meeting, on a proposal by and in agreement with the Commission, the advisory group shall adopt its rules of procedure. The minutes of the Advisory Group meetings shall be published as soon as they have been approved by the Advisory Group.
Amendment 112 #
Proposal for a regulation
Article 4 – paragraph 9
Article 4 – paragraph 9
9. The advisory group may adopt opinions, recommendations or reports in the context of its tasks set out in paragraphs 4 to 6. Opinions, recommendations or reports of the advisory group shall be made public without undue delay.
Amendment 120 #
Proposal for a regulation
Article 9 – paragraph 1 – introductory part
Article 9 – paragraph 1 – introductory part
1. Where the Commission, taking into consideration the criteria referred to in Article 8(3) as well as the opinion provided by the advisory group, considers that the threat referred to in Article 3(2) is present, it shall submit a proposal to the European Parliament and the Council to activate the vigilance mode for a maximum duration of six months by means of an implementing act. Such an implementing acta decision, which the European Parliament and the Council may adopt jointly within 14 days after the transmission of the Commission’s proposal to them. Such a decision shall contain the following:
Amendment 125 #
Proposal for a regulation
Article 9 – paragraph 1 – point a
Article 9 – paragraph 1 – point a
(a) an assessment of the potential impact ofand scope of the crisis, as well as the potential impact of the crisis on human rights and the public interest, public health and/or public security both for the EU and for the individual Member State affected by the crisis;
Amendment 126 #
Proposal for a regulation
Article 9 – paragraph 1 – point a a (new)
Article 9 – paragraph 1 – point a a (new)
(aa) estimate of costs and sufficient resources needed to respond to the crisis;
Amendment 127 #
Proposal for a regulation
Article 9 – paragraph 1 – point a b (new)
Article 9 – paragraph 1 – point a b (new)
(ab) concrete and reliable evidence as regards the necessity and proportionality of the vigilance mood and that the disruptions in question will have a severe impact on the functioning of supply chains that are indispensable in the maintenance of vital societal or economic activities in the Single Market;
Amendment 128 #
Proposal for a regulation
Article 9 – paragraph 1 – point a c (new)
Article 9 – paragraph 1 – point a c (new)
(ac) where necessary, assessment of complex supply chains that involve several Member States or third countries;
Amendment 131 #
Proposal for a regulation
Article 9 – paragraph 1 a (new)
Article 9 – paragraph 1 a (new)
1a. The Commission, if it considers that the reasons for activating the vigilance mode pursuant to Article 9(1) remain valid, and taking into consideration the opinion provided by the advisory group, may extend the vigilance mode for a maximum duration of six months.
Amendment 132 #
Proposal for a regulation
Article 9 – paragraph 1 b (new)
Article 9 – paragraph 1 b (new)
1b. Where there are concrete and reliable evidence that the vigilance mode should be deactivated, the advisory group may adopt an opinion pursuant to Article 4(9) to that effect and communicate it to the Commission. Where the Commission, taking into consideration the opinion provided by the advisory group, finds that the threat referred to in Article 3(2) is no longer present, with respect to some or all vigilance measures or for some or all of the goods and services, it shall deactivate the vigilance mode in full or in part by means of an implementing act in accordance with the examination procedure referred to in Article 42(2).
Amendment 133 #
Proposal for a regulation
Article 9 – paragraph 1 c (new)
Article 9 – paragraph 1 c (new)
1c. No later than 6 months following the deactivation of the vigilance mode, the Commission shall present to the Advisory Group a report detailing the result of the different measures adopted to address the Single Market Emergency with a view to draw lessons for possible future crises. Such reports shall be used for the purpose of the review provided for in Article 44.
Amendment 134 #
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
Amendment 138 #
Proposal for a regulation
Article 10
Article 10
Amendment 148 #
Proposal for a regulation
Article 12 – paragraph 1 – subparagraph 1
Article 12 – paragraph 1 – subparagraph 1
The Commission may, after consulting the European Parliament and the Council, among the goods of strategic importance listed in an implementing act decision 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 inform the Member States thereof.
Amendment 150 #
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 – introductory part
Article 12 – paragraph 2 – subparagraph 1 – introductory part
The Commission may require, by means of implementing acts, that the Member States provide information on the goods listed in an implementing actand where applicable services listed in a decision adopted pursuant to Article 9(1), as regards all of the following:
Amendment 152 #
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 – point b a (new)
Article 12 – paragraph 2 – subparagraph 1 – point b a (new)
(ba) any potential shortages and plans to increase reserves;
Amendment 153 #
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 – point c a (new)
Article 12 – paragraph 2 – subparagraph 1 – point c a (new)
(ca) new any options for substitute goods or where relevant services;
Amendment 154 #
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 – point d
Article 12 – paragraph 2 – subparagraph 1 – point d
(d) further information that could ensure the availability of such goods. or where relevant services;
Amendment 155 #
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 – point d a (new)
Article 12 – paragraph 2 – subparagraph 1 – point d a (new)
(da) shortages of labour force and number of workers or users relying on the availability of such goods or, where relevant, services;
Amendment 156 #
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 – point d b (new)
Article 12 – paragraph 2 – subparagraph 1 – point d b (new)
(db) complex supply chains that involve several Member States or third countries.
Amendment 157 #
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 2
Article 12 – paragraph 2 – subparagraph 2
The implementing act shall specify the goods for which information is to be given, the impact on Member States and the estimated costs.
Amendment 160 #
Member States shall report to the Commission the levels of strategic reserves of goods of strategic importance held by them, and the levels of other stocks of such goods held on their territory.
Amendment 162 #
Proposal for a regulation
Article 12 – paragraph 3
Article 12 – paragraph 3
3. Taking due account of stocks held or being built up by economic operators on theirterritory, Member States shall deploy their best efforts to build up strategic reserves of the goods of strategic importance identified in accordance with paragraph 1. TWhere requested by the Advisory Group, the Commission shall provide support to Member States to coordinate and streamline their efforts.
Amendment 165 #
Proposal for a regulation
Article 12 – paragraph 4 – introductory part
Article 12 – paragraph 4 – introductory part
4. Where the building of strategic reserves of goods of strategic importance identified pursuant to paragraph 1 can be rendered more effective by streamlining among Member States, the Commission may draw up and regularly update, by means of implementing acts, a list of individual targets regarding the quantities and the deadlines for those strategic reserves that the Member States should maintain. When setting the individual targets for each Member State, the Commission shall take into account:
Amendment 167 #
Proposal for a regulation
Article 12 – paragraph 4 – point a
Article 12 – paragraph 4 – point a
(a) the probability and impact of shortages referred in paragraph 1 and measures taken to increase stocks ;
Amendment 168 #
Proposal for a regulation
Article 12 – paragraph 4 – point b a (new)
Article 12 – paragraph 4 – point b a (new)
(ba) potential negative impact on the free movement of goods, services and persons;
Amendment 169 #
Proposal for a regulation
Article 12 – paragraph 4 – point c
Article 12 – paragraph 4 – point c
(c) the costs and potential negative impact for building and maintaining such strategic reserves, both for Member States and for the economic operators, in particular for SMEs.
Amendment 171 #
Proposal for a regulation
Article 12 – paragraph 5
Article 12 – paragraph 5
5. The Member States shall regularly inform the Commission about the current state of their strategic reserves. Where a Member State has reached the individual targets referred to in paragraph 4, it shall inform the Commission if it has at its disposal any stocks of the goods in question in excess of their target. The Member States whose reserves have not reached the individual targets shall explainprovide a written explanation, to the Commission justifying the reasons for this situation. The Commission shallmay facilitate cooperation between the Member States which have already reached their targets and the other Member States.
Amendment 175 #
Proposal for a regulation
Article 12 – paragraph 6 – subparagraph 2 – introductory part
Article 12 – paragraph 6 – subparagraph 2 – introductory part
Following such an assessment, where the Commission establishes, supported, by objective data and clear evidence, that
Amendment 176 #
Proposal for a regulation
Article 12 – paragraph 6 – subparagraph 2 – point a a (new)
Article 12 – paragraph 6 – subparagraph 2 – point a a (new)
(aa) the needs and impact on companies that produce goods/provide services and the related impact (especially on SMEs) will not be disproportionately affected
Amendment 177 #
Proposal for a regulation
Article 12 – paragraph 6 – subparagraph 2 – point b
Article 12 – paragraph 6 – subparagraph 2 – point b
(b) access to the concerned good is indispensable to ensure the maintenance of vital societal or economic activities and preparedness for a Single Market emergency
Amendment 178 #
Proposal for a regulation
Article 12 – paragraph 6 – subparagraph 2 – point c
Article 12 – paragraph 6 – subparagraph 2 – point c
(c) the Member State concerned has not provided sufficient evidence to explain the failure tojustify and explain why they have not meet the individual target, and
Amendment 179 #
Proposal for a regulation
Article 12 – paragraph 6 – subparagraph 2 – point d
Article 12 – paragraph 6 – subparagraph 2 – point d
(d) exceptional circumstances exist, in that the failure by that Member State, considering its importance to the supply chain concerned, to build up such strategic reserves , which will gravely imperils the Union’s preparedness in the face of an impending threat of a Single Market emergency,
Amendment 180 #
Proposal for a regulation
Article 12 – paragraph 6 – subparagraph 2 – subparagraph 1
Article 12 – paragraph 6 – subparagraph 2 – subparagraph 1
the Commission may adopt an implementing act, requiring the Member State in question to build up its strategic reserves of the goods concerned by a set deadlineor, where relevant, services.
Amendment 181 #
Proposal for a regulation
Article 12 – paragraph 7 – subparagraph 1
Article 12 – paragraph 7 – subparagraph 1
When acting under this Article, the Commission shall seek to ensure that the building up of strategic reserves does not create aunjustified and disproportionate strain on the supply chains of the goods or, where relevant, services identified in accordance to paragraph 1, or on the fiscal capacity of the Member State concerned, on the capacity of the Union industrial sectors and on the labour market.
Amendment 183 #
Proposal for a regulation
Article 12 – paragraph 7 – subparagraph 2
Article 12 – paragraph 7 – subparagraph 2
The Commission shall take fully into account any public health, safety and national security concerns raised by Member States.
Amendment 192 #
Proposal for a regulation
Article 27 – paragraph 1
Article 27 – paragraph 1
1. The Commission and the Advisory Group, based on its impact assessment, objective and available data, and after providing a detailed justification, as a measure of a last resort, may invite one or more economic operators in crisis-relevant supply chains established in the Union to accept and prioritise certain orders for the production or supply of crisis-relevant goods (‘priority rated order’).
Amendment 195 #
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 and the Advisory Group may, 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 t. The economic operator concerned as well as any parties demonstrably affected by the potential priority rated order, shall have the opportunity to appeal and 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 maywhere prioritisation is indispensable to ensure the maintenance of vital societal economic activities in the Single Market , the Commission may based on objective data and clear evidence and after taking into account the information provided by the economic operator, 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. T. If the Commission’s decision shall be based on objective data showing that such prioritisation is indispensable to ensure the maintenance orequires the economic operator to accept and prioritise the priority related orders, it shall also evaluate the possibility to foresee public economic support to compensate losses or to boost production in case of emergency for the relevant economic operator, in particular if vital societal economic activities in the Single Market is small or medium size enterprise SMEs, which produces critical goods but doesn’t have the capacity to supply them in critical situations.
Amendment 209 #
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 or third country 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.
Amendment 213 #
Proposal for a regulation
Article 28 – paragraph 1 – point a
Article 28 – paragraph 1 – point a
(a) where a representative organisation of economic operators or an economic operator, intentionally or through gross negligence, supplies incorrect, incomplete or misleading information in response to a request made pursuant to Article 24, or does not supply the information within the prescribed time limit;
Amendment 216 #
Proposal for a regulation
Article 28 – paragraph 2
Article 28 – paragraph 2
2. Fines imposed in the cases referred to in paragraph 1 (a) and (b) shall not exceed 200 000 EUR , if the economic operator concerned is an SME and 500 000 EUR for other economic operators.
Amendment 220 #
Proposal for a regulation
Article 29 – paragraph 2
Article 29 – paragraph 2
2. The time shall begin to run on the day on which the Commission becomes aware of the infringementinfringement starts to take place . However, in case of continuous or repeated infringements, time shall begin to run on the day on which the infringement ceases
Amendment 223 #
Proposal for a regulation
Article 31 – paragraph 4
Article 31 – paragraph 4
4. The rights of defence of the economic operator or representative organisations of economic operators concerned shall be fully respected in any proceedings. The economic operator or representative organisations of economic operators 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.
Amendment 226 #
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. 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 based on an impact assessment.
Amendment 228 #
Proposal for a regulation
Article 34 – paragraph 3
Article 34 – paragraph 3
3. Where the Commission agrees to procure on behalf of the Member States, it shall 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 on behalf of the participating Member States referred to in paragraph 1. Any changes occurred after the signature of the agreement by Member States shall be timely and duly notified. If such changes have a disproportionate effect on the original agreement, the European Commission shall provide a new impact assessment and an addendum to the original agreement to be signed.
Amendment 232 #
Proposal for a regulation
Article 35 – paragraph 2 a (new)
Article 35 – paragraph 2 a (new)
2a. The European Commission shall provide a written assessment to the European Parliament and Member States detailing the reasons and the company characteristics that lead to the choice to select specific companies for the supply of specific goods and services.
Amendment 233 #
Proposal for a regulation
Article 35 – paragraph 2 b (new)
Article 35 – paragraph 2 b (new)
2b. The proposal for a framework agreement shall include that all communication between the European Commission and the supplier of goods and services must be in written and duly recorded. These documents shall be available to the European Parliament, the Member States and the relevant authorities for consultation.
Amendment 234 #
Proposal for a regulation
Article 35 – paragraph 3
Article 35 – paragraph 3
Amendment 236 #
Proposal for a regulation
Article 36 – paragraph 1 a (new)
Article 36 – paragraph 1 a (new)
1a. The Commission shall lay down special conditions relating to the performance of a contract, including environmental, social or employment- related considerations and award criteria for the economic operators, including clauses ensuring compliance with collective agreements without breaching Union law on public contracts.
Amendment 239 #
Proposal for a regulation
Article 38 – paragraph 1
Article 38 – paragraph 1
When the Single Market emergency mode has been activated pursuant to Article 14, Member States shall consult each other and thethe European Commission andshall coordinate their actions with the Commission and the representatives of the other Member States in the advisory group consultation and the actions between Member States, in cooperation with the advisory group, in order to ensure that all Member States are duly involved in the process and to avoid imbalances, 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 of the Council55. _________________ 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)..
Amendment 243 #
Proposal for a regulation
Article 39 a (new)
Article 39 a (new)
Article39a Non regression clause 1. This Regulation is without prejudice to the application of more favourable national provisions concerning participation rights of social partners. 2. This Regulation does not affect labour law, that is any legal or contractual provision concerning employment conditions, working conditions, including health and safety at work and the relationship between employers, workers and their representatives, which Member States apply in accordance with national law and Union law. Equally, this Regulation does not affect the social security legislation of the Member States.
Amendment 244 #
Proposal for a regulation
Article 41 – paragraph 1
Article 41 – paragraph 1
The Commission and the Member States may set up interoperable digital tools or IT infrastructures supporting the objectives of this Regulation. Such tools or infrastructures mayshall be developed outside the duration of the Single Market Emergency and shall be active in order to respond to possible emergencies in a timely and efficient manner.
Amendment 246 #
Proposal for a regulation
Article 41 – paragraph 1 a (new)
Article 41 – paragraph 1 a (new)
The digital tools shall aim to ensure interoperability between the existing information and communication technology (ICT) systems in different Member States so that citizens, businesses and administrations, wherever they are in the Union, can benefit from seamless digital tools. The Commission and the Member States shall ensure that the digital tools or IT infrastructure complies with the following quality requirements: (a) they are easy to use; (b) they are accessible online through various electronic devices; (c) they are developed and optimised for different web browsers; (d) they meet the following web accessibility requirements: perceivability, operability, understandability and robustness.
Amendment 247 #
Proposal for a regulation
Article 41 – paragraph 2
Article 41 – paragraph 2
The Commission shall, by means of implementing acts, set out the technical aspects, applicable standards and interoperability requirements of such tools or infrastructures. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 42(2).