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63 Amendments of Antonio Maria RINALDI related to 2022/0278(COD)

Amendment 258 #
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.
2023/03/31
Committee: IMCO
Amendment 276 #
Proposal for a regulation
Article 1 – paragraph 1
1. This Regulation establishes a framework of measures to anticipate, prepare for and respond to impacts of crisesensure the proper functioning onf the Single Market, with the purpose of safeguarding the free movement of goods, services and persons and of ensuring the availability of goods and services of strategic importance and crisis-relevantternal market by setting out harmonised rules to ensure an effective response to crises and to facilitate the free movement of goods and, services in the Single Marketand persons.
2023/03/31
Committee: IMCO
Amendment 281 #
Proposal for a regulation
Article 1 – paragraph 2
2. The measures referred to in paragraph 1 include: (a) Commission on the appropriate measures for anticipating, preventing or responding to the impact of a crisis on the Single Market; (b) measures for obtaining, sharing and exchanging the relevant information; (c) contingency measures aiming at anticipation and planning; (d) measures for addressing Single Market impacts of significant incidents that have not yet resulted in a Single Market emergency (Single Market vigilance), including a set of vigilance measures and (e) measures for addressing Single Market emergencies, including a set of emergency response measures.deleted an advisory group to advise the
2023/03/31
Committee: IMCO
Amendment 293 #
Proposal for a regulation
Article 1 – paragraph 3
3. Member States shall regularly exchange information on all matters falling within the scope of this Regulation among themselves and with the Commission.deleted
2023/03/31
Committee: IMCO
Amendment 299 #
Proposal for a regulation
Article 1 – paragraph 4
4. The Commission may obtain any relevant specialised and/or scientific knowledge, which is necessary for the application of this Regulation.deleted
2023/03/31
Committee: IMCO
Amendment 310 #
Proposal for a regulation
Article 2 – paragraph 5 a (new)
5 a. This Regulation is without predjudice to the European Union rules on Intellectual property rights.
2023/03/31
Committee: IMCO
Amendment 311 #
Proposal for a regulation
Article 2 – paragraph 6
6. This Regulation is without prejudice to the Commission: (a) cooperation, on behalf of the Union, with relevant third countries, with particular attention paid to developing countries, with a view to seeking cooperative solutions to avoid supply chain disruptions, in compliance with international obligations. This may involve, where appropriate, coordination in relevant international fora; or (b) to impose restrictions to exports of goods in line with the international rights and obligations of the Union under Regulation (EU) 2015/479 of the European Parliament and of the Council48 . __________________ 48 OJ L 83, 27.3.2015, p. 34.deleted entering into consultations or assessing whether it is appropriate
2023/03/31
Committee: IMCO
Amendment 324 #
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 which has a severe impact on the free movement of persons, goods and services;
2023/03/31
Committee: IMCO
Amendment 349 #
Proposal for a regulation
Article 3 – paragraph 1 – point 7
(7) ‘strategic reserves’ means a stock of goods of strategic importance under the control of a Member State for which building a reserve may be necessary to prepare for a Single Market emergency, under the control of a Member State.
2023/03/31
Committee: IMCO
Amendment 367 #
Proposal for a regulation
Article 4 – paragraph 3
3. The Commission shall chair the advisory group and ensure its secretariat. The Commission may invite a representative of the European Parliament,, in accordance with the advisory group, may invite representatives of EFTA States that are contracting parties to the Agreement on the European Economic Area49 , representatives of economic operators, stakeholder organisations, social partners and experts, to attend meetings of the advisory group as observers. It shall invite the representatives of other crisis- relevant bodies at Union level as observers to the relevant meetings of the advisory group. __________________ 49 OJ L 1, 3.1.1994, p. 3.
2023/03/31
Committee: IMCO
Amendment 400 #
Proposal for a regulation
Article 4 – paragraph 5 – point f a (new)
(fa) establishing whether the criteria for the activation or deactivation of the vigilance mode have been fullfilled.
2023/03/31
Committee: IMCO
Amendment 414 #
Proposal for a regulation
Article 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 developing countries, and intwith economic opernational organisationors.
2023/03/31
Committee: IMCO
Amendment 424 #
Proposal for a regulation
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. These opinions, recommendations and reports are binding on the EU Commission.
2023/03/31
Committee: IMCO
Amendment 433 #
Proposal for a regulation
Article 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 Single Market vigilance and emergency modes under this Regulation. 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 Single Market vigilance and emergency modes. The central liaison offices of the Member States shall guarantee the transfer of information to stakeholders in the Emergency mode referred to in Part IV of the Regulation.
2023/03/31
Committee: IMCO
Amendment 437 #
Proposal for a regulation
Article 6 – paragraph 1 – introductory part
1. The Commission taking into consideration the opinion of the advisory group, including economic operators and the input of relevant Union level bodies, is empowered after consulting the Member States, to adopt a delegated act to supplement this Regulation with a framework setting out crisis protocols regarding crisis cooperation, exchange of information and crisis communication for the Single Market vigilance and emergency modes, in particular:
2023/03/31
Committee: IMCO
Amendment 460 #
Proposal for a regulation
Article 7 – paragraph 1
The Commission shall organise the training on crisis coordination, cooperation and information exchange referred to in Article 6 for the staff of the designated central liaison offices. It shall organise simulations involving the staff of the central liaison offices from all Member States based on potential scenarios of Single Market emergencies, with the involvment of economic operators potentially involved in the various crisis scenarios.
2023/03/31
Committee: IMCO
Amendment 468 #
Proposal for a regulation
Article 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, treat the information referred to in paragraph 1 in a way that respects its confidentiality, protects the security and public order of the European Union or its Member States, and protects the security and commercial interests of the economic operators concerned, adopting all technological, digital and contractual instruments necessary to guarantee the secrecy of information. In the event of disclosure of secret information, economic operators shall have the right to take legal proceedings for compensation of damages.
2023/03/31
Committee: IMCO
Amendment 494 #
Proposal for a regulation
Article 9 – paragraph 1 – introductory part
1. Where the Commission, taking intoin due consideration of the opinion 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. Such an implementing act shall contain the following:
2023/03/31
Committee: IMCO
Amendment 515 #
Proposal for a regulation
Article 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 intoin due consideration of the opinion provided by the advisory group, may extend the vigilance mode for a maximum duration of six months by means of an implementing act.
2023/03/31
Committee: IMCO
Amendment 533 #
Proposal for a regulation
Article 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. Before providing the standardised means for information, the Commission shall carry out a consultation with the advisory group and the economic operators with a view to identifying the appropriate and proportionate content of the information, the reasonable deadline to provide them and to evaluate how to better protect sensitive information. Without prejudice to national legislation requiring collected information including business secrets to be kept confidential, confidentiality with regard to the commercially sensitive informationand information affecting the security and public order of the Union or its Member States shall be ensured.
2023/03/31
Committee: IMCO
Amendment 549 #
Proposal for a regulation
Article 11 – paragraph 6
6. The Commission mayshall ask the advisory group to discuss the findings and prospects of evolution based on the monitoring of supply chains of goods and services of strategic importance.
2023/03/31
Committee: IMCO
Amendment 555 #
Proposal for a regulation
Article 11 – paragraph 7
7. On the basis of the information collected through the activities carried out in accordance with paragraph 1, the Commission mayshall provide a report of the aggregated findings.
2023/03/31
Committee: IMCO
Amendment 562 #
Proposal for a regulation
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),, in due consideration of the opinion of the advisory group, 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.
2023/03/31
Committee: IMCO
Amendment 566 #
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 provide information on the goods listed in an implementing act adopted pursuant to Article 9(1), as regards all of the following:
2023/03/31
Committee: IMCO
Amendment 567 #
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 – point b
(b) any potential for further purchase;deleted
2023/03/31
Committee: IMCO
Amendment 568 #
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 2
The implementing actrequests for information shall specify the goods for which information is to be given.
2023/03/31
Committee: IMCO
Amendment 569 #
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
2023/03/31
Committee: IMCO
Amendment 573 #
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) shortages referred in paragraph 1; (b) economic operators and strategic reserves across the Union, and any information on economic operators’ ongoing activities to increase their stocks; (c) maintaining such strategic reserves.deleted the probability and impact of the level of existing stocks of the the costs for building and
2023/03/31
Committee: IMCO
Amendment 575 #
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
2023/03/31
Committee: IMCO
Amendment 576 #
Proposal for a regulation
Article 12 – paragraph 6 – subparagraph 1
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.deleted
2023/03/31
Committee: IMCO
Amendment 578 #
Proposal for a regulation
Article 12 – paragraph 8
8. The implementing acts referred to in this Article shall be adopted in accordance with the examination procedure referred to in Article 42(2).deleted
2023/03/31
Committee: IMCO
Amendment 622 #
Proposal for a regulation
Article 14 – paragraph 2
2. Where the Commission, taking into due consideration the opinion provided by the advisory group, considers there is a Single Market emergency, it shall propose to the Council to activate the Single Market emergency mode.
2023/03/31
Committee: IMCO
Amendment 631 #
Proposal for a regulation
Article 14 – paragraph 5
5. As soon as the Single Market emergency mode is activated, the Commission shall, without delay, adopt a list of crisis-relevant goods and services by means of an implementing act. The list may be amended by means of implementing acts.deleted
2023/03/31
Committee: IMCO
Amendment 639 #
Proposal for a regulation
Article 14 – paragraph 6
6. The Commission 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 Single Market, the Commission shall adopt immediately applicable implementing acts in accordance with the procedure referred to in Article 42(3).deleted
2023/03/31
Committee: IMCO
Amendment 642 #
Proposal for a regulation
Article 15 – paragraph 1
1. Where the Commission considers, taking into due consideration the opinion provided by the advisory group, that an extension of the Single Market emergency mode is necessary, it shall propose to the Council to extend the Single 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 Single Market emergency mode has been activated. The Council may extend the Single Market emergency mode by no more than six months at a time by means of an implementing act.
2023/03/31
Committee: IMCO
Amendment 650 #
Proposal for a regulation
Article 15 – paragraph 2
2. Where the advisory group has concrete and reliable evidence that the Single Market emergency should be deactivated, it may formulate an opinion to that effect and transmit it to the Commission. Where the Commission, taking into due consideration the opinion provided by the advisory group, considers a Single Market emergency no longer exists, it shall propose to the Council without delay the deactivation of the Single Market emergency mode.
2023/03/31
Committee: IMCO
Amendment 662 #
Proposal for a regulation
Article 16 – paragraph 1
1. When adopting and applying national measures in response to a Single Market emergency and the underlying crisis, Member States shall ensure that their actions fully comply with the Treaty and Union law and, in particular, with the requirements laid down in this ArticleRestrictions on free movement of people, goods and services should only be adopted in absence of possible alternative measures and shall fully comply with the Treaty and Union law.
2023/03/31
Committee: IMCO
Amendment 668 #
Proposal for a regulation
Article 16 – paragraph 2
2. Any restriction shall be limited in time and immediately removed as soon as the situation allows it. Additionally, any restriction should take into due account the situation of border regions.
2023/03/31
Committee: IMCO
Amendment 676 #
Proposal for a regulation
Article 16 – paragraph 4
4. Member States shall inform citizens, consumers, businesses, workers and their representatives about measures that affect their free movement rights in a clear and unambiguous manner and shall be easily accessible.
2023/03/31
Committee: IMCO
Amendment 680 #
Proposal for a regulation
Article 16 – paragraph 5
5. Member States shall ensure that all affected stakeholders are informed of measures restricting free movement of goods, services and persons, including workers and service providers, before their entry into force. Member States shall ensure a continuous dialogue with stakeholders before and while adopting any potential restriction, including communication with social partners and international partners.
2023/03/31
Committee: IMCO
Amendment 705 #
Proposal for a regulation
Article 17 – paragraph 2 – introductory part
2. During the Single Market emergency mode and when responding to the Single Market emergency, Member States shall refrain from any of the following, unless to do so is inherent to the nature of the crisis:
2023/03/31
Committee: IMCO
Amendment 708 #
Proposal for a regulation
Article 17 – paragraph 3 – introductory part
3. During the Single Market emergency mode and when responding to a Single Market emergency, Member States shall refrain from any of the following unless to do so is inherent to the nature of the crisis/Single Market emergency:
2023/03/31
Committee: IMCO
Amendment 710 #
Proposal for a regulation
Article 17 – paragraph 4 – point a
(a) applying of more generous rules to travel to or from one Member State to or from another Member State or group of Member States, as compared to travel to and from other Member States unless to do so is inherent to the nature of the crisis/Single Market emergency;deleted
2023/03/31
Committee: IMCO
Amendment 765 #
Proposal for a regulation
Article 19 – paragraph 16 a (new)
16 a. 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 notified. Those measures shall be published within one working day of their receipt via an electronic platform managed by the Commission. Information shall be clear and easily accessible, in particualr for people affected by disabilities.
2023/03/31
Committee: IMCO
Amendment 770 #
Proposal for a regulation
Article 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 the information in all official languages of the Union, paying particular attention to the situation and needs of the border regions.
2023/03/31
Committee: IMCO
Amendment 792 #
Proposal for a regulation
Article 24 – paragraph 1
1. Where there is a severe crisis- related shortages or an immediate threat thereof, the Commission may invite representative organisations or economic operators in crisis-relevant supply chains to transmit on a voluntary basis, within a setreasonable time limit, specific information to the Commission on in accordance withe production capacities and possible existing stocks of crisis- relevant goods and components thereof in Union production facilities and third country facilities which it operates, caragraph 3. The information request contains a notice indicating that Single Points of Contracts or purchases supply from, as well as information on any relevant supply chain disruptions within a given deadlineperated by the Member States pursuant to Article 21 can provide support, especially to SMEs, in completing the request.
2023/03/31
Committee: IMCO
Amendment 809 #
Proposal for a regulation
Article 24 – paragraph 4
4. Following the activation of the mandatory information requests to economic operators by means of an implementing act, the Commission shall address a formal decision to each of those representative organisations or economic operators in crisis-relevant supply chains that have been identified in the implementing act, requesting them to provide the information specified in the implementing act. 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.
2023/03/31
Committee: IMCO
Amendment 814 #
Proposal for a regulation
Article 24 – paragraph 5
5. The Commission Decisions containing individual information requests shall contain a reference to the implementing act referred to in paragraph 2 on which they are based and 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 or for compiling relevant official statistics. A request shall set out a reasonable time limit within which the information is to be provided. It shall take into account the effort required to collect and make the data available by the economic operator or representative organisation. The formal decision shall also contain safeguards for protection of data in accordance with Article 39 of this Regulation, safeguards for non-disclosure of sensitive business information contained in the reply in accordance with Article 25, and information on the possibility of contesting it before the Court of Justice of the European Union in line with relevant Union law and the fines provided for in Article 28 for failure to comply and the timeline for a reply.
2023/03/31
Committee: IMCO
Amendment 818 #
Proposal for a regulation
Article 24 – paragraph 6
6. The owners of the economic operators or their representatives and, in the case of legal persons, companies or firms, or associations having no legal personality, the persons authorised to represent them by law or by their constitution may supply the information requested on behalf of the economic operator or the association of economic operators concerned. Each economic operator or association of economic operators 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.
2023/03/31
Committee: IMCO
Amendment 826 #
Proposal for a regulation
Article 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. In the event of an involuntary disclosure of data, the economic operator shall have the right to take legal proceedings for compensation of damages.
2023/03/31
Committee: IMCO
Amendment 829 #
Proposal for a regulation
Article 25 – paragraph 4
4. The Commission mayshall present to the advisory group referred to in Article 4 aggregate information based on any information collected pursuant to Article 24.
2023/03/31
Committee: IMCO
Amendment 830 #
Proposal for a regulation
Article 26
Targeted amendments to harmonised When the Single Market emergency mode has been activated by means of a Council implementing act adopted pursuant to Article 14, and there is a shortage of crisis relevant goods the Commission may activate by means of implementing acts the emergency procedures included in the Union legal frameworks amended by [Regulation of the European Parliament and of the Council amending Regulation (EU) 2016/424, Regulation (EU) 2016/425, Regulation (EU) 2016/426, Regulation (EU) 2019/1009 and Regulation (EU) No 305/2011 and introducing emergency procedures for the conformity assessment, adoption of common specifications and market surveillance in the context of a Single Market emergency and Directive of the European Parliament and of the Council amending Directives 2000/14/EC, 2006/42/EC, 2010/35/EU, 2013/29/EU, 2014/28/EU, 2014/29/EU, 2014/30/EU, 2014/31/EU, 2014/32/EU, 2014/33/EU, 2014/34/EU, 2014/35/EU, 2014/53/EU, and2014/68/EU and introducingas regard emergency procedures for the conformity assessment, adoption of common specifications and market surveillance in the context ofdue to a Single Market] as regards crisis-relevant goods, indicating which crisis-relevant goods and emergency procedures are subject to the activation, providing reasons for such activation and its proportionality, and indicating the duration of such activation . 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 impacts of the crisis on the Single Market, the Commission shall adopt immediately applicable implementing acts in accordance with the procedure referred to in Article 42(3).Article 26 deleted product legislation
2023/03/31
Committee: IMCO
Amendment 845 #
Proposal for a regulation
Article 27 – paragraph 2
2. If an economic operator does not accept and prioritise priority rated orders, the Commission may, following a positive opinion of the advisory group reached unanimously, 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 opinion of the advisory group reached unanimously, 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
2023/03/31
Committee: IMCO
Amendment 850 #
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, particularly taking into account the prices and quantities specified by the Commission or other considerations of comparable gravity.
2023/03/31
Committee: IMCO
Amendment 853 #
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
2023/03/31
Committee: IMCO
Amendment 856 #
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 priceThe 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.
2023/03/31
Committee: IMCO
Amendment 857 #
Proposal for a regulation
Article 27 – paragraph 8
8. The implementing acts referred to in paragraph 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 Single Market, the Commission shall adopt immediately applicable implementing acts in accordance with the procedure referred to in Article 42(3).
2023/03/31
Committee: IMCO
Amendment 859 #
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 1. a decision, where deemed necessary and proportionate, impose fines: (a) 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) 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) 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. referred to in paragraph 1 (a) and (b) shall not exceed 200 000 EUR. 3. 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. 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 priority rated orders The Commission may, by means of where a representative where an economic operator, where an economic operator, Fines imposed in the cases Fines imposed in the cases The Court of Justice of the
2023/03/31
Committee: IMCO
Amendment 877 #
Proposal for a regulation
Article 29
Limitation period for the imposition of 1. fines in accordance with Article 30 shall be subject to the following limitation periods: (a) infringements of provisions concerning requests of information pursuant to Article 24; (b) infringements of provisions concerning the obligation to prioritise the production of crisis-relevant goods pursuant to Article 26(2). 2. 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. 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. period shall apply for all the parties which are held responsible for the participation in the infringement. 5. 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 fines The Commission power to impose two years in the case of three years in the case The time shall begin to run on the Any action taken by the The interruption of the limitation Each interruption shall start the
2023/03/31
Committee: IMCO
Amendment 882 #
Proposal for a regulation
Article 30
Limitation periods for enforcement of 1. 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) 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. enforcement of fines shall be suspended for so long as: (a) (b) enforcement of payment is suspended pursuant to a decision of the Court of Justice of the European Union.Article 30 deleted fines The power of the Commission to by any action of the Commission The limitation period for the time to pay is allowed;
2023/03/31
Committee: IMCO
Amendment 886 #
Proposal for a regulation
Article 31
Right to be heard for the imposition of 1. 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) Commission, including any matter to which the Commission has taken objections; (b) may intend to take in view of the preliminary findings pursuant to point (a) of this paragraph. 2. 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. decisions only on objections on which economic operators and representative organisations of economic operators concerned have been able to comment. 4. 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 fines Before adopting a decision preliminary findings of the measures that the Commission Undertakings and representative The Commission shall base its The rights of defence of the
2023/03/31
Committee: IMCO
Amendment 895 #
Proposal for a regulation
Article 33
Measures to ensure the availability and supply of crisis-relevant goods and services 1. considers that there is a risk of a shortage of crisis-relevant goods, recommend that Member States implement specific measures to ensure the efficient re- organisation of supply chains and production lines and to use existing stocks to increase the availability and supply of crisis-relevant goods and services, as quickly as possible. 2. In particular, the measures referred to in paragraph 1 may include measures: (a) repurposing of existing or the establishment of new production capacities for crisis-relevant goods; (b) existing or the establishment of new capacities related to service activities; (c) of crisis-relevant goods.Article 33 deleted The Commission may, when it facilitating the expansion or facilitating the expansion of aiming at accelerating permitting
2023/03/31
Committee: IMCO
Amendment 925 #
Proposal for a regulation
Article 35 – paragraph 3
3. Representatives of the Commission or experts nominated by the Commission may carry out on-site visits at the locations of production facilities of relevant goods of strategic importance or crisis-relevant goods.deleted
2023/03/31
Committee: IMCO