Activities of Miriam LEXMANN 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 (40)
Amendment 47 #
Proposal for a regulation
Title 1
Title 1
Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL establishing a Single Mn internal market emergency instrumenand resilience act and repealing Council Regulation No (EC) 2679/98 (Text with EEA relevance)
Amendment 51 #
Proposal for a regulation
Recital 1
Recital 1
(1) Past crises, especially the early days of the COVID-19 pandemic, have shown that the internal market (also referred to as the Single Market and its supply chains can be severely affected by such crises, and unilateral uncoordinated response decisions of individual Member States, while appropriate crisis management tools and coordination mechanisms are either lacking, do not cover all aspects of the Single market or do not allow for a timely and effective response to such impacts.
Amendment 52 #
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1 a) During the COVID-19 pandemic, cross-border workers were particularly affected by uncoordinated measures restricting free movement of persons. These workers did not receive an adequate support at the beginning of the crisis, faced vast administrative burden and lack of information on the measures or their duration;
Amendment 53 #
Proposal for a regulation
Recital 1 b (new)
Recital 1 b (new)
(1 b) Restrictions to the free movement of persons imposed during the COVID-19 pandemic exacerbated legal obstacles faced by workers working in another Member State than the Member State of their nationality or their or their family´s residence who can conduct their tasks remotely. These workers were forced to spend months in the Member State of their employer without the possibility to go to their country of nationality or residence due to the travel restrictions and legal obstacles preventing them to work remotely from their country of nationality or residence.
Amendment 54 #
Proposal for a regulation
Recital 2
Recital 2
(2) The Union was not sufficiently prepared to ensure efficient manufacturing, procurement and distribution of crisis- relevant non-medical goods such as personal protective equipment, especially in the early phase of the COVID-19 pandemic and the ad-hoc measures taken by the Commission in order to re-establish the functioning of the Single Market and to ensure the availability of crisis-relevant non-medical goods during the COVID-19 pandemic were necessarily reactive. The pandemic also revealed insufficient overview of manufacturing capacities across the Union as well as vulnerabilities related to the global supply chains including lack of resilience and dependency on authoritarian regimes.
Amendment 57 #
Proposal for a regulation
Recital 3
Recital 3
(3) Actions by the Commission were delayed by several weeks due to the lack of any Union wide contingency planning measures and of clarity as to which part of the national administration to contact to find rapid solutions to the impact on the Single Market being cause by the crisis. In addition it became clear that uncoordinated restrictive actions taken by the Member States would further aggravate the impacts of the crisis on the Single market. It emerged that there is a need for arrangementclear, transparent and predictable rules between the Member States and Union authorities as regards contingency planning, technical level coordination and cooperation and information exchange.
Amendment 64 #
Proposal for a regulation
Recital 5
Recital 5
(5) These recent events have also highlighted the need for the Union to be better prepared for possible future crises, especially as we consider the continuing effects of climate change and resulting natural disasters as well as global economic and geopolitical instabilities. Given the fact that it is not knownunpredictable which kind of criseis could come up next and produce severely impacts on the Single Mternal market and its supply chains in the future, it is necessary to provide for an crisis instrument that would apply with regards to impacts on the Single Market of a wide range of crisesstrengthen resilience, improve transparency, and provide clear rules for the crisis governance.
Amendment 76 #
Proposal for a regulation
Recital 9 – indent 2
Recital 9 – indent 2
— a forum for adequate coordination, cooperation and exchange of information while using the full potential of digital tools in order to speed up necessary administrative procedures, such as declarations, registrations or authorisations; and
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 88 #
Proposal for a regulation
Recital 19
Recital 19
(19) Article 45 TFEU lays down the right to free movement of workers, subject to the limitations and conditions laid down in the Treaties and the measures adopted to give them effect. This Regulation contains provisions which complement the existing measures in order to maintain or reinforce free movement of persons, increase transparency and provide adequate and timely information as well as administrative assistance during Single Market emergencies. Such measures include setting up and making available of the single points of contact to workers and their representatives in the Member States and at Union level during the Single Market vigilance and emergency modes under this regulation.
Amendment 89 #
Proposal for a regulation
Recital 19 a (new)
Recital 19 a (new)
(19 a) In order to facilitate cross-border measures to maintain or reinforce the free movement of workers, the Commission should make full use of digital tools to facilitate cross-border management and coordination of social security rights and obligations. Special attention should be paid to the most affected workers including cross-border workers, frontier workers, seasonal workers and remote workers including those working remotely from the Member State other than the Member State of their employer;
Amendment 93 #
Proposal for a regulation
Recital 20
Recital 20
(20) If Member States adopt measures affecting free movement of goods or persons, goods or the freedom to provide services in preparation for and during Single Market emergencies, they should limit such measures to what is necessary and remove them as soon as the situation allows it. Such measures should respect the principles of proportionality and non- discrimination and should take into consideration the particular situation of border regions. Special attention should be paid to cross-border workers, seasonal workers, workers of crisis-relevant sectors and remote workers.
Amendment 98 #
Proposal for a regulation
Recital 21
Recital 21
(21) The activation of the Single Market emergency mode should trigger an obligation for the Member States to notify crisis-relevant free movement restrictions. Social partners should be informed on emergency measures having an impact on the labour market.
Amendment 108 #
Proposal for a regulation
Recital 25
Recital 25
(25) Information requests to economic operators should be used by the Commission with due regard to business confidentiality only where the information which is necessary for responding adequately to the Single Market emergency, such as information necessary for procurement by the Commission on behalf of the Member States or estimating the production capacities of manufacturers of crisis-relevant goods the supply chains of which have been disrupted, cannot be obtained from publicly available sources or as a result of information provided voluntarily.
Amendment 109 #
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 of strategiccritical importance, measures at Union level aimed to ensure the availability of crisis-relevant products, such as priority rated orders, may prove to be indispensable for the return to the normal functioning of the Single Market.
Amendment 111 #
Proposal for a regulation
Recital 30
Recital 30
(30) Where there is a severe shortage of crisis-relevant products or services on the Single market during a Single Market emergency, and it is clear that the economic operators that operate on the Single market do not produce any such goods, but would in principle be able to repurpose their production lines or would have insufficient capacity to provide the goods or services needed, the Commission should be able to recommend to the Member States as a last resort and strictly limited to what is necessary and only for a limited period of time to take measures to facilitate or request the ramping up or repurposing of production capacity of manufacturers or the capacity of the service providers to provide crisis- relevant services. In doing so the Commission would inform the Member States as to the severity of the shortage and the type of the crisis-relevant goods or services that are needed and would provide support and advice in relation to the flexibilities in the EU acquis for such purposes.
Amendment 118 #
Proposal for a regulation
Recital 36
Recital 36
(36) This Regulation respects fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union (the ‘Charter’). In particular, it respects the right to privacy of the economic operators enshrined in Article 7 of the Charter, right to data protection set out in Article 8 of the Charter, the freedom to conduct business and, to choose an occupation and right to engage in work, the freedom of contract, which are protected by Article 15 and 16 of the Charter, the right to property, protected by Article 17 of the Charter, the right to collective bargaining and action, collective action including the right to strike protected by Article 28 and Article 26 of the Charter ands well as the right to an effective judicial remedy and to a fair trial as provided for in Article 47 of the Charter. Since the objective of this Regulation cannot be sufficiently achieved by the Member States and can rather, by reason of the scale or effects of the action, be better achieved at Union level, the Union may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective. The Regulation should not affect the autonomy of the social partners as recognised by the TFEU.
Amendment 122 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. The aim of this Regulation establishes a framework of measures to anticipate, prepare for and respond to impacts of crises on 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-relevantis to strengthen the resilience of internal market and to ensure its proper functioning by setting out a harmonised framework for an effective response to crises as well as to facilitate the free movement of goods and, services in the Single Marketand persons.
Amendment 127 #
Proposal for a regulation
Article 1 – paragraph 3
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. The European Parliament shall have access to all information and documents and obtain them at the same time as the Council.
Amendment 136 #
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 that takes place inside or outside of the Union which has a detrimental impact on the proper functioning of the internal market including free movement of goods, services or persons;
Amendment 140 #
Proposal for a regulation
Article 3 – paragraph 1 – point 2
Article 3 – paragraph 1 – point 2
(2) ‘Single Market vigilance mode’ means a framework for addressing a threat of significant disruption of the supply of goods and services of strategiccritical importance and which has the potential to escalate into a Single Market emergency within the next six months;
Amendment 143 #
Proposal for a regulation
Article 3 – paragraph 1 – point 4
Article 3 – paragraph 1 – point 4
(4) ‘strategcritically important areas’ means those areas with critical importance to the Union and its Member States, in that they are of systemic and vital importance for public security, public safety, public order or public health, and the disruption, failure, loss or destruction of which would have a significant impact on the functioning of the Single Market;
Amendment 147 #
Proposal for a regulation
Article 3 – paragraph 1 – point 5
Article 3 – paragraph 1 – point 5
(5) ‘goods and services of strategiccritical importance’ means goods and services that are indispensable for ensuring the functioning of the Single Market in strategcritically important areas and which cannot be substituted or diversified;
Amendment 161 #
Proposal for a regulation
Article 4 – paragraph 5 – point c a (new)
Article 4 – paragraph 5 – point c a (new)
(c a) consulting the workers representatives in order to collect information and analyse possible effects on the labour market;
Amendment 177 #
Proposal for a regulation
Article 6 – paragraph 2 – point b a (new)
Article 6 – paragraph 2 – point b a (new)
(b a) informing the workers representatives on the potential impact on the labour market;
Amendment 183 #
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. The implementing act referred to in paragraph 1 shall be adopted in accordance with the examination procedure referred to in Article 41(2) and announced to the European Parliament and the Council.
Amendment 185 #
Proposal for a regulation
Article 10 – paragraph 1
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 into consideration 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 announced to the European Parliament and the Council.
Amendment 195 #
Proposal for a regulation
Article 13 – paragraph 1 – point b
Article 13 – paragraph 1 – point b
(b) the actual or potential future impact on the free movement of goods, services and persons, including an estimation of the number of economic operations or users relying on the disrupted sector or sectors of the Single Market for the provision of the goods or services concerned;
Amendment 200 #
Proposal for a regulation
Article 13 – paragraph 1 – point g
Article 13 – paragraph 1 – point g
(g) the geographic area, including border regions, that is and could be affected, including any cross- border impacts on the functioning of supply chains that are indispensable in the maintenance of vital societal or economic activities in the Single Market;
Amendment 203 #
Proposal for a regulation
Article 13 – paragraph 1 – point i a (new)
Article 13 – paragraph 1 – point i a (new)
(i a) the introduction of travel restrictions or border controls;
Amendment 204 #
Proposal for a regulation
Article 13 – paragraph 1 – point i b (new)
Article 13 – paragraph 1 – point i b (new)
(i b) the absence of arrangements enabling workers to cross the borders in order to fulfil their tasks with the special focus on workers in border regions;
Amendment 211 #
Proposal for a regulation
Article 16 – paragraph 1
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 are justified, proportionate and in fully complyiance with the Treaty and Union law and, in particular, with the requirements laid down in this Article.
Amendment 216 #
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
2. Any restriction shall be limited in time, regularly reviewed and removed as soon as the situation allows it. Additionally, any restriction should take into account the situation of border regionspecial attention should be paid to the situation of border regions and the situation of cross-border workers.
Amendment 219 #
3. Any requirement imposed on citizens and businesse, workers and economic operators shall not create an undue or unnecessary administrative burden.
Amendment 241 #
Proposal for a regulation
Article 17 – paragraph 4 – point b
Article 17 – paragraph 4 – point b
(b) denying, to beneficiaries of the right of free movement under Union law, of the right to enter the territory of their Member State of nationality or residence, the right to exit the territory of Member States to travel to the Member State of nationality or residence, or the right to transit through a Member State in order to reach the Member State of nationality or residence; to this end, Member States shall remove obstacles including legal obstacles preventing workers to stay in the Member State of their nationality or residence irrespective of the Member State of the employer provided that they are able to carry out their tasks remotely during the emergency mode;
Amendment 247 #
Proposal for a regulation
Article 17 – paragraph 4 – point e
Article 17 – paragraph 4 – point e
(e) imposing restrictions on workers and service providers and their representatives with the special attention to cross-border, frontier and seasonal workers, unless to do so in inherent to the nature of the crisis/Single Market emergency and it does not manifestly go beyond what is necessary for that purpose.
Amendment 259 #
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
2. During the Single Market emergency mode, where the Commission establishes that Member States have put in place templates for attesting that the individual or economic operator is a service provider that provides crisis- relevant services, a business representative or worker that is involved in production of crisis-relevant goods or provision of crisis- relevant services or a civil protection worker and it considers that the use of different templates by each Member States is an obstacle to the free movement at the time of a Single Market emergency, the Commission may issue, if it considers it necessary for supporting the free movement of such categories of persons and their equipment during the ongoing Single Market emergency, templates for attesting that they fulfil the relevant criteria for the application Article 17(6) in all Member States by means of implementing acts. Commission may make use of digital tools in order to facilitate the use of these templates.
Amendment 261 #
Proposal for a regulation
Article 19 – paragraph 1 – subparagraph 1
Article 19 – paragraph 1 – subparagraph 1
During the Single Market emergency, Member States shall notify to the Commission any crisis-relevant draft measuresdraft measures linked to the crisis and restricting the free movement of goods and the freedom to provide services as well as crisis-relevant restrictions of free movement of persons, including workers together with the reasons for those measures and special arrangements facilitating the free movement of workers of crisis-relevant sectors and cross-border workers.
Amendment 268 #
Proposal for a regulation
Article 19 – paragraph 6
Article 19 – paragraph 6
6. The Commission shall ensure that citizens and, business operators, workers and their representatives are informed of the notified measures, unless Member States request that the measures remain confidential, or the Commission deems disclosure of those measures would affect the security and public order of the European Union or its Member States, as well as of the decisions and Member States’ comments adopted in accordance with this Article.
Amendment 282 #
Proposal for a regulation
Article 24 – paragraph 3 – introductory part
Article 24 – paragraph 3 – introductory part
3. The information requests referred to in paragraph 1 may concern the following: , while fully respecting trade and business secrets in line with Directive 2016/943, and protecting intellectual property: