Activities of Ville NIINISTÖ related to 2022/0278(COD)
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 (25)
Amendment 121 #
Proposal for a regulation
Article 9 – paragraph 1 – introductory part
Article 9 – paragraph 1 – introductory part
1. Where the Commission, taking into consideration the opinion provided by the advisory group, 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 implement delegated act which shall be immediately applicable ing act. Such an implementingcordance with the procedure referred to in Article 43a. Such a delegated act shall contain the following:
Amendment 123 #
Proposal for a regulation
Article 9 – paragraph 1 – point a
Article 9 – paragraph 1 – point a
(a) an assessment of the potential impact of the crisis, laying out why this crisis is of critical importance to the Union and its Member States, pointing out why this crisis is of systemic and vital importance for public security, public safety, public order or public health, and how this crisis would have a significant impact on the functioning of the Single Market;
Amendment 135 #
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. The implementingdelegated act referred to in paragraph 1 shall be adopted in accordance with the examinationurgency procedure referred to in Article 41(2)3a.
Amendment 147 #
Proposal for a regulation
Article 12 – paragraph 1 – subparagraph 1
Article 12 – paragraph 1 – subparagraph 1
The Commission may, among the goods of strategic importance listed in an implementing delegated act adopted pursuant to Article 9(1),, identify those for which it may be necessary to build a reserve in order to prepare for a Single Market emergency, taking into account the probability and impact of shortages on vital societal and vital economic activities. The Commission shall inform the Member States, the European Parliament and advisory board thereof.
Amendment 151 #
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 – introductory part
Article 12 – paragraph 2 – subparagraph 1 – introductory part
The Commission mayshall require, by means of implementing acts, that the Member States provide information on the goods listed in an implementing delegated act adopted pursuant to Article 9(1), as regards all of the following:
Amendment 163 #
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 their territory, Member States shall deploy their best efforts to build up strategic reserves of the goods of strategic importance identified in accordance with paragraph 1. The Commission shall provide support to Member States to coordinate and streamline their efforts.
Amendment 166 #
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 mayshall 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 174 #
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 datadata, which is objective, factual, measurable, substantiated, and not informed by bias, that
Amendment 193 #
Proposal for a regulation
Article 27 – paragraph 1
Article 27 – paragraph 1
1. The Commission, informing the European Parliament, 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 197 #
Proposal for a regulation
Article 27 – paragraph 2
Article 27 – paragraph 2
2. If an economic operator does not accept andor 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 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 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 in written why it is not possible or appropriate for that operator to do so. The Commission’s decision shall be based on objective data which is factual, measurable, substantiated and not informed by bias showing that such prioritisation is indispensable to ensure the maintenance of vital societal or vital economic activities in the Single Market.
Amendment 201 #
Proposal for a regulation
Article 27 – paragraph 4 – subparagraph 1
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 andperform the prioritise they rated 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.
Amendment 206 #
Proposal for a regulation
Article 27 – paragraph 6
Article 27 – paragraph 6
6. The Commission shall take the decision referred to in paragraph 2 in accordance with applicable Union law, including the principles of necessity and proportionality, and the Union’s obligations under international law. The decision shall in particular take into account the legitimate interests of the economic operator concerned and any available information concerning the cost and effort required for any change in production sequence. It shall state the legal basis for its adoption, fix the time limits within which the priority rated order is to be performed and, where applicable, specify the product and quantity. It shall state the fines provided for in Article 28 for failure to comply with the decision. The priority rated order shall be placed at a fair and reasonable price.
Amendment 211 #
Proposal for a regulation
Article 28 – paragraph 1 – introductory part
Article 28 – paragraph 1 – introductory part
1. The Commission mayshall, by means of a decision, where deemed necessary and proportionate, impose fines:
Amendment 212 #
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 214 #
Proposal for a regulation
Article 28 – paragraph 2
Article 28 – paragraph 2
Amendment 218 #
Proposal for a regulation
Article 28 – paragraph 3
Article 28 – paragraph 3
3. Fines imposed in the cases referred to in paragraph 1 (c) shall not exceedbe lower than 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.
Amendment 224 #
Proposal for a regulation
Article 34 – paragraph 1
Article 34 – paragraph 1
1. TWhen respectively the vigilance mode or Single Market emergency mode has been activated pursuant to Article 9 or 14, two or more Member States may request that the Commission launch a procurement on behalf of the Member States that wish to be represented by the Commission (ʽparticipating Member Statesʼ), for the purchasing of goods and services of strategic importance listed in an implementing act adopted pursuant to Article 9(1) or crisis-relevant goods and services listed in an implementing act adopted pursuant to Article 14(5).
Amendment 227 #
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.
Amendment 229 #
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, practical arrangements for this procedure as well as rules for decision- making, for the procurement on behalf of the participating Member States referred to in paragraph 1 and shall be made public.
Amendment 231 #
Proposal for a regulation
Article 35 – paragraph 1
Article 35 – paragraph 1
1. The agreement [referred to in Article 34(3) shall establish a negotiating mandate, including on elements such as definition of technical specifications, award criteria and assessment of tenders received, for the Commission to act as a central purchasing body for relevant goods and services of strategic importance or crisis-relevant goods and services on behalf of the participating Member States through the conclusion of new contracts which shall be made public.
Amendment 235 #
Proposal for a regulation
Article 35 – paragraph 3
Article 35 – paragraph 3
3. Representatives of the Commission or experts nominated by the Commission may carry out on-regular on-site visits, including not announced site visits at the locations of production facilities of relevant goods of strategic importance or crisis-relevant goods.
Amendment 237 #
Proposal for a regulation
Article 36 – paragraph 2
Article 36 – paragraph 2
2. The contracts mayshall include a clause stating that a Member State which has not participated in the procurement procedure may become a party to the contract after it has been signed, laying out in detail the procedure for doing so and its effects.
Amendment 238 #
Proposal for a regulation
Article 36 a (new)
Article 36 a (new)
Amendment 245 #
Proposal for a regulation
Article 41 – paragraph 1
Article 41 – paragraph 1
The Commission and the Member States may set up interoperable digital open source tools or IT infrastructures supporting the objectives of this Regulation. Such tools or infrastructures may be developed outside the duration of the Single Market Emergency.
Amendment 249 #
Article43a Urgency procedure 1. Delegated acts adopted according to this Article shall enter into force without delay and shall apply as long as no objection is expressed. 2. The notification of a delegated act to the European Parliament and to the Council shall state the reasons for the use of the urgency procedure. 3. Either the European Parliament or the Council may object to a delegated act. In such a case, the Commission shall repeal the act immediately following the notification of the decision to object by the European Parliament or by the Council.