[ParlTrack]

Proposal for a regulation
Recital 16

(16) In order to account for the exceptional nature of and potential far- reaching consequences for the fundamental operation of the Singe Market of a Single Market emergency, implementing powers should ~~exceptionally~~ be conferred on the Council for the activation of Single Market emergency mode pursuant to Article 281(2) of the Treaty on the Functioning of the European Union.

2023/04/27
Committee: ITRE

Robert ROOS

Proposal for a regulation
Recital 32

(32) Additionally, to ensure that crisis- relevant goods are available during the Single Market emergency, the Commission may propose to the Member States to 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~~Member State 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 may make such reasoned explanation or parts of it public, with due regard to business confidentiality.~~

2023/04/27
Committee: ITRE

Robert ROOS

Proposal for a regulation
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, 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 activating the vigilance mode and vigilance measures 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.deleted

2023/04/27
Committee: ITRE

Robert ROOS

Proposal for a regulation
Article 3 – paragraph 1 – point 1

(1) ‘crisis’ means an exceptional unexpected and sudden, natural or man- made event of extraordinary nature and scale that takes place inside or outside of the Union that can have a detrimental effect to the functioning of the Single Market as an area without internal frontiers in which the free movement of goods, persons and services is ensured in accordance with the provisions of the Treaties;

2023/04/27
Committee: ITRE

Robert ROOS

Proposal for a regulation
Article 9 – paragraph 1 – introductory part

1. Where ~~the Commission, taking into consideration the opinion provided by the advisory group, considers that the threat referred to in Article 3(2) is present, it shall activate the~~it is asserted that the threat referred to in Article 3 point (2) is present and likely to severely and negatively affect the Internal Market, and alternative measures have been considered, the Commission shall propose to the Council to activate the Single Market vigilance mode for a maximum duration of six months by means of an council implementing act. Where the consideration of the Commission diverges from the opinion of the advisory group, the Commission shall provide a valid justification. Such an implementing act shall contain the following:

2023/04/27
Committee: ITRE

Robert ROOS

Proposal for a regulation
Article 9 – paragraph 1 – point a

(a) an assessment of the potential impact of the crisis including the anticipated time before the threat escalates into a Single Market Emergency and the proportion of the Single Market expected to be affected considering the nature of the threat;

2023/04/27
Committee: ITRE

Robert ROOS

Proposal for a regulation
Article 9 – paragraph 1 – point b

(b) list of the goods and services of ~~strategic~~critical importance ~~concerned, and~~whose functioning and/or supply is at risk of being significantly disrupted;

2023/04/27
Committee: ITRE

Robert ROOS

Proposal for a regulation
Article 9 – paragraph 1 – point c

(c) the vigilance measures to be taken including assessments justifying the need for taking those measures.

2023/04/27
Committee: ITRE

Robert ROOS

Proposal for a regulation
Article 10 – paragraph 1

1. The Co~~mmission~~uncil, 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 once extend the vigilance mode for a maximum duration of six months by means of an council implementing act.

2023/04/27
Committee: ITRE

Robert ROOS

Proposal for a regulation
Article 10 – paragraph 2

2. WThe~~re the Commission, taking into consideration the opinion provided by the advisory group, finds~~ advisory group shall publish monthly reports justifying the need for vigilance mode, and when they conclude 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~~the Commission shall propose deactivation to the Council in full or in part by means of an council implementing act.

2023/04/27
Committee: ITRE

Robert ROOS

Proposal for a regulation
Article 12 – title

12 ~~Strategic reserves~~Critical reserves (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)

2023/04/27
Committee: ITRE

Robert ROOS

The Commission ~~may~~shall, at the request of the Council and after consulting relevant economic operators and, where appropriate and necessary, third countries, among the goods of strategic importance listed in an implementing act adopted pursuant to Article 9(1),, identify those for which a shortage is probable and it may be necessary to build a reserve in order to prepare for or prevent a Single Market emergency~~, taking into account the probability and impact of shortages. The Commission shall inform~~. The Commission shall provide that information to the Member States ~~thereof~~.

2023/04/27
Committee: ITRE

Robert ROOS

Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 – introductory part

The ~~Commission may require, by means of implementing acts, that the~~ Member States shall provide information on the goods listed in an implementing act adopted pursuant to Article 9(1), as regards all of the following:

2023/04/27
Committee: ITRE

Robert ROOS

Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 3

~~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.~~deleted

2023/04/27
Committee: ITRE

Robert ROOS

Proposal for a regulation
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~~may, where necessary and technically and economically possible, build up strategic reserves of the goods of strategic importance identified in accordance with paragraph 1. TWhere requested by Member States, the Commission shall provide support to Member States to coordinate and streamline their efforts.

2023/04/27
Committee: ITRE

Robert ROOS

Proposal for a regulation
Article 12 – paragraph 4

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: (a) the probability and impact of shortages referred in paragraph 1; (b) the level of existing stocks of the economic operators and strategic reserves across the Union, and any information on economic operators’ ongoing activities to increase their stocks; (c) the costs for building and maintaining such strategic reserves.deleted

2023/04/27
Committee: ITRE

Robert ROOS

Proposal for a regulation
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 explain to the Commission the reasons for this situation. The Commission shall facilitate cooperation between the Member States which have already reached their targets and the other Member States.deleted

2023/04/27
Committee: ITRE

Robert ROOS

Proposal for a regulation
Article 12 – paragraph 6

6. Where the strategic reserves of a Member State continuously fall significantly short of the individual targets referred to in paragraph 4 and economic operators on its territory are not able to compensate that shortfall, the Commission may, at its own initiative or at the request of 14 Member States, assess the need to take further measures to build up strategic reserves of goods of strategic importance identified pursuant to paragraph 1. Following such an assessment, where the Commission establishes, supported by objective data, that (a) the needs for the good in question remain unchanged or have increased compared to the situation at the time the target referred to in paragraph 4 was first set or last amended pursuant to paragraph 4, (b) access to the concerned good is indispensable to ensure preparedness for a Single Market emergency (c) the Member State concerned has not provided sufficient evidence to explain the failure to meet the individual target, and (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 gravely imperils the Union’s preparedness in the face of an impending threat of a Single Market emergency, 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 deadline.deleted

2023/04/27
Committee: ITRE

Robert ROOS

Proposal for a regulation
Article 12 – paragraph 7 – subparagraph 1

~~When acting under this Article, the Commission shall seek to ensure that t~~The building up of strategic reserves ~~does~~shall not create a disproportionate strain on the supply chains of the goods identified in accordance to paragraph 1, or on the fiscal capacity of the Member State concerned.

2023/04/27
Committee: ITRE

Robert ROOS

Proposal for a regulation
Article 12 a (new)

Article12a Critical Reserve Planning and Domestic Production In order to minimise disruption to the Single Market and to the Union's industrial production capabilities and competitiveness, the outcome of the review provided for in Article 9(2c) shall include recommendations as regards the necessity, proportionality and usefulness of Member States and the Commission establishing a long-term plan for maintaining permanent and phased critical reserves of goods of critical importance, in order to help prevent future shortages and the activation of the vigilance or crisis mode. However, Member States shall prioritize the development of their own production capacities within the European Union for goods of critical importance, as a means to enhance self-sufficiency and reduce dependence on external supply chains. The Commission may, where requested, coordinate this process.

2023/04/27
Committee: ITRE

Robert ROOS

Proposal for a regulation
Article 27 – paragraph 1

1. The Commission may ~~invite one or more~~provide recommendations to Member States on prioritizing certain orders for the production or supply of crisis-relevant goods (‘priority rated order’) to be placed with 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~~. Member States shall have the authority to individually submit priority rated orders, and shall inform each other and the Commission and coordinate their actions with the Commission and the representatives of the other Member States in the advisory group prior to launching the priority order’)s.

2023/04/27
Committee: ITRE

Robert ROOS

Proposal for a regulation
Article 27 – paragraph 2

2. If an economic operator does not accept and prioritise priority rated orders, the ~~Commission 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~~Member State shall give the economic operator concerned, as well as any parties demonstrably affected by the potential priority rated order, the ~~opportunity to stat~~right to be 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 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 Marketard and appeal, and to state their position and provide evidence to support their case, within a reasonable time limit.

2023/04/27
Committee: ITRE

Robert ROOS

Proposal for a regulation
Article 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, in light of the objectives of this provision, for it to comply with the requirement. Such reasons include the inability of the operator to perform the priority rated order on account of insufficient production capacity or a serious risk that accepting the order would entail particular hardship or economic burden for the operator, or other considerations of comparable gravity.deleted

2023/04/27
Committee: ITRE

Robert ROOS

Proposal for a regulation
Article 27 – paragraph 4 – subparagraph 2

~~The Commission may make such reasoned explanation or parts of it public, with due regard to business confidentiality.~~deleted

2023/04/27
Committee: ITRE

Robert ROOS

Proposal for a regulation
Article 27 – paragraph 5

~~5. When an economic operator established in the Union is subject to a measure of a third country which entails a priority rated order, it shall inform the Commission thereof.~~deleted

2023/04/27
Committee: ITRE

Robert ROOS

Proposal for a regulation
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 reasonable pricMember States shall develop a framework for enforcement of this article. The priority rated order shall be placed at a fair and reasonable price that takes into account the pre-crisis market value.

2023/04/27
Committee: ITRE

Robert ROOS

Proposal for a regulation
Article 28

Fines to operators for failure to comply with the obligation to reply to mandatory information requests or to comply with priority rated orders 1. The Commission may, by means of a decision, where deemed necessary and proportionate, impose fines: (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; (b) where an economic operator, intentionally or through gross negligence, does not comply with the obligation to inform the Commission of a third country obligation pursuant to Article 27 or fails to explain why it has not accepted a priority rated order; (c) where an economic operator, intentionally or through gross negligence, does not comply with an obligation which it has accepted to prioritise certain orders of crisis-relevant goods (‘priority rated order’) pursuant to Article 27 2. Fines imposed in the cases referred to in paragraph 1 (a) and (b) shall not exceed 200 000 EUR. 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 total turnover in the preceding business year. 4. In fixing the amount of the fine, regard shall be had to 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. 5. The Court of Justice of the European Union shall have unlimited jurisdiction to review decisions whereby the Commission has fixed a fine. It may cancel, reduce or increase the fine imposed.Article 28 deleted

2023/04/27
Committee: ITRE

Robert ROOS

Proposal for a regulation
Article 29

Limitation period for the imposition of fines 1. The Commission power to impose fines in accordance with Article 30 shall be subject to the following limitation periods: (a) two years in the case of infringements of provisions concerning requests of information pursuant to Article 24; (b) three years in the case infringements of provisions concerning the obligation to prioritise the production of crisis-relevant goods pursuant to Article 26(2). 2. The time shall begin to run on the day on which the Commission becomes aware of the infringement. However, in case of continuous or repeated infringements, time shall begin to run on the day on which the infringement ceases 3. Any action taken by the Commission or the competent authorities of the Member States for the purposes of ensuring compliance with the provisions of this Regulation shall interrupt the limitation period. 4. The interruption of the limitation period shall apply for all the parties which are held responsible for the participation in the infringement. 5. Each interruption shall start the time running afresh. However, the limitation period shall expire at the latest on the day in which a period equal to twice the limitation period has elapsed without the Commission having imposed a fine. That period shall be extended by the time during which the limitation period is suspended because the decision of the Commission is the subject of proceedings pending before the Court of Justice of the European Union.Article 29 deleted

2023/04/27
Committee: ITRE

Robert ROOS

Proposal for a regulation
Article 30

Limitation periods for enforcement of fines 1. The power of the Commission to enforce decisions taken pursuant to Article 28 shall be subject to a limitation period of five years. 2. Time shall begin to run on the day on which the decision becomes final. 3. The limitation period for the enforcement of fines shall be interrupted: (a) by notification of a decision varying the original amount of the fine or refusing an application for variation; (b) by any action of the Commission or of a Member State, acting at the request of the Commission, designed to enforce payment of the fine. 4. Each interruption shall start time running afresh. 5. The limitation period for the enforcement of fines shall be suspended for so long as: (a) time to pay is allowed; (b) enforcement of payment is suspended pursuant to a decision of the Court of Justice of the European Union.Article 30 deleted

2023/04/27
Committee: ITRE

Robert ROOS

Proposal for a regulation
Article 31

Right to be heard for the imposition of fines 1. Before adopting a decision pursuant to Article 28, the Commission shall give the economic operator or representative organisations of economic operators concerned the opportunity of being heard on: (a) preliminary findings of the Commission, including any matter to which the Commission has taken objections; (b) measures that the Commission may intend to take in view of the preliminary findings pursuant to point (a) of this paragraph. 2. Undertakings and representative organisations of 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. 3. The Commission shall base its decisions only on objections on which economic operators and representative organisations of economic operators concerned have been able to comment. 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.Article 31 deleted

2023/04/27
Committee: ITRE

Robert ROOS

Proposal for a regulation
Article 39 – title

~~Ban of i~~Individual procurement action by participating Member States

2023/04/27
Committee: ITRE

Robert ROOS

Proposal for a regulation
Article 39 – paragraph 1

Where the Single Market emergency mode has been activated pursuant to Article 16 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 without informing the Commission and the Advisory Group.

2023/04/27
Committee: ITRE

Robert ROOS

Proposal for a regulation
Article 43 a (new)

Article43a Transparency When implementing this Regulation, all actors shall act with the greatest possible degree of transparency, taking into account the protection of trade secrets. The Commission shall inform the European Parliament in a timely and correct manner, in particular when Members of the European Parliament ask written questions. The Commission shall give due consideration to the opinions of the European Ombudsman, especially where they relate to transparency of decision- making. Where the Commission does not follow those opinions, it will duly justify this in a report and submit it to the Council and Parliament.

2023/04/27
Committee: ITRE

Activities of Robert ROOS related to 2022/0278(COD)

Shadow opinions (1)

Amendments (33)

ParlTrack - 2011-2024