Progress: Awaiting Council's 1st reading position
Role | Committee | Rapporteur | Shadows |
---|---|---|---|
Lead | IMCO | SCHWAB Andreas ( EPP) | REPASI René ( S&D), CHARANZOVÁ Dita ( Renew), CAVAZZINI Anna ( Verts/ALE), BIELAN Adam ( ECR), CAMPOMENOSI Marco ( ID), PELLETIER Anne-Sophie ( GUE/NGL) |
Committee Opinion | BUDG | VAN OVERTVELDT Johan ( ECR) | |
Committee Opinion | ECON | ||
Committee Opinion | EMPL | ANGEL Marc ( S&D) | Anders VISTISEN ( ID), Marc BOTENGA ( GUE/NGL), Abir AL-SAHLANI ( RE), Elżbieta RAFALSKA ( ECR), Kim VAN SPARRENTAK ( Verts/ALE), Miriam LEXMANN ( PPE) |
Committee Opinion | ITRE | MAYDELL Eva ( EPP) | Marc BOTENGA ( GUE/NGL), Ville NIINISTÖ ( Verts/ALE), Robert ROOS ( ECR), Alex AGIUS SALIBA ( S&D), Nicola BEER ( RE) |
Committee Opinion | TRAN | ||
Committee Opinion | LIBE |
Lead committee dossier:
Legal Basis:
RoP 57_o
Legal Basis:
RoP 57_oSubjects
Events
The European Parliament adopted by 408 votes to 63, with 153 abstentions, a legislative resolution 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.
The European Parliament’s position adopted at first reading under the ordinary legislative procedure amends the proposal as follows:
Subject matter
The proposed Regulation establishes a framework of harmonised measures to effectively anticipate, prepare for and respond to the impact of crises on the internal market . This framework aims to: (i) safeguard and facilitate the free movement of goods, services and persons, including workers; (ii) ensure the availability of goods and services of critical importance and crisis-relevant goods and services in the internal market where the Member States have adopted or are likely to adopt divergent national measures; and (iii) prevent the creation of obstacles to the proper functioning of the internal market.
The Regulation lays down, in particular:
- rules on the establishment and functioning of an Internal Market Emergency and Resilience Board to assist and advise the Commission with regard to anticipating, preventing or responding to the impact of a crisis on the internal market;
- contingency measures relating to anticipation, planning and resilience;
- measures, during the internal market vigilance mode, for addressing the impact of a threat of a crisis that has the potential to escalate into an internal market emergency;
- measures, during the internal market emergency mode, for addressing the impact of a crisis on the internal market, including measures that facilitate the free movement of goods, services and persons, including workers, during that mode;
- rules on public procurement during the internal market vigilance and emergency modes;
- rules on the provision of digital tools and the cooperation between the competent authorities.
Internal Market Emergency and Resilience Board
An Internal Market Emergency and Resilience Board is established, composed of one representative from each Member State and one representative from the Commission. The Chair of the Board should invite a representative from the European Parliament as a permanent observer to the Board.
Emergency and resilience dialogue
In order to enhance dialogue between the institutions of the Union and to ensure greater transparency, accountability and coordination, the competent committee of the European Parliament may invite the Commission in its capacity as Chair of the Board to appear before that committee to provide information on all matters falling within the scope of this Regulation. The Commission should take into account any elements arising from the views expressed through the emergency and resilience dialogue, including the relevant resolutions of the European Parliament.
The Commission should establish a stakeholder platform in order to facilitate sector-specific dialogue and partnerships by bringing together key stakeholders, namely representatives of economic operators, social partners, researchers and civil society.
Emergency framework
The Commission may adopt an implementing act in order to define the details of an emergency framework for crisis preparedness, cooperation, information exchange and crisis communication for the internal market vigilance and emergency modes.
The Committee may recommend that the Commission initiate the development by economic operators of voluntary crisis protocols to deal with crises in emergency mode for the internal market. Economic operators may decide voluntarily whether or not to participate in voluntary crisis protocols.
The Commission should develop and organise regular training on crisis preparedness and conduct regular EU-wide stress tests , at least every two years.
Internal market vigilance mode
The Commission may propose that the Council activate the internal market vigilance mode. The Council may activate the internal market vigilance mode by means of a Council implementing act, which will specify the duration of activation (maximum 6 months). Once the internal market alert mode has been activated, the competent authorities of the Member States will monitor the supply chains of critical goods and services and the free movement of persons, including workers, involved in the production and supply of these goods and services.
Internal market emergency
The ‘internal market emergency mode’ means a framework for addressing a crisis with a significant negative impact on the internal market which severely disrupts the free movement of goods, services and persons or, where such a severe disruption has been or is likely to be subject to divergent national measures, the functioning of its supply chains. In this case, the Commission and the Council should, based on concrete and reliable evidence, assess whether the crisis creates one or more obstacles to the free movement of goods, services or persons, having an impact on at least one sector of vital societal functions or economic activities in the internal market.
Prohibited restrictions on the right to free movement during an internal market emergency
During an internal market emergency mode and when responding to an internal market emergency, Member States should refrain from introducing any of the following:
- any measures that are not limited in time;
- measures that discriminate between beneficiaries of the right to free movement under Union law based on nationality or, in the case of companies, the location of their registered office;
- measures that prohibit business travel linked to the research and development, production, placing on the market or related inspections and maintenance of crisis-relevant goods;
- measures that prohibit travel between Member States for imperative family reasons, when such travel is permitted within the Member State introducing such a measure;
- measures that impose travel restrictions on service providers, business representatives and workers, preventing them from travelling between Member States in order to access to their place of activity or workplace when there are no such travel restrictions within the Member State introducing such a measure.
Where the internal market emergency mode has been activated, Member States should communicate the text of any emergency measures taken in response to the crisis, without delay and after their adoption, to the Commission and to other Member States via the Union-level liaison office.
The European Parliament adopted by 476 votes to 121, with 51 abstentions, amendments to 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.
The matter was referred back to the committee responsible for inter-institutional negotiations.
Subject matter
The aim of this regulation is to contribute to the proper functioning of the internal market by setting out a framework of harmonised rules to strengthen its resilience, to effectively anticipate and prevent crises, to ensure an effective response to crises, and to facilitate the free movement of goods, services and persons.
The measures set out in this regulation apply in relation to significant impacts of a crisis on the functioning of the internal market, without prejudice to fundamental rights.
Internal Market Emergency and Resilience Board
This regulation should set up an Internal Market Emergency and Resilience Board to advise the Commission on the appropriate measures for anticipating, preventing or responding to the impact of a crisis. The European Parliament should be able to appoint an expert as a member of the Board. The Commission should invite representatives of other crisis-relevant bodies at Union level as observers to the relevant meetings of the Board, including, where appropriate, representatives of Committee of the Regions and of the European Economic and Social Committee. The Commission should ensure that the European Parliament receives all documents at the same time as Member States’ representatives. The European Parliament should also systematically have access to the meetings of the Board to which Member States' experts are invited.
In particular, the Committee should assist and advise the Commission on measures affecting the free movement of goods, services and persons, including workers, paying particular attention to mobile workers, including frontier and cross-border workers.
Crisis protocols
The Commission, taking into account the opinion of the Board, may initiate, encourage and facilitate the drawing up of voluntary crisis protocols by economic operators in order to address internal market emergencies, strictly limited to extraordinary circumstances. The Commission should invite staff from the central liaison offices of all Member States to develop scenarios and parameters that capture the specific risks associated with internal market emergencies.
The Commission should develop and manage a training programme derived from lessons learnt from previous crises.
Stress tests
To ensure the free movement and the availability of goods and services of critical importance and to anticipate, and prepare for disruptions to the internal market, the Commission should all conduct and coordinate stress tests, including simulations and peer reviews, in particular for critical sectors identified by the Commission.
The Commission is empowered to adopt a delegated act to supplement this Regulation by laying down a methodology for a mapping exercise for determining critical sectors. The Commission should publish the results of this mapping exercise.
Prohibited restrictions to free movement during an internal market emergency
Restrictions on the free movement of goods, services and persons imposed by Member States in response to an internal market emergency should be prohibited, unless they are justified on grounds of legitimate public interest objectives, such as public policy, public security or public health, and are in compliance with the principles of non-discrimination and proportionality. Any such restriction should be limited in time and immediately removed as soon as the internal market emergency mode is deactivated or earlier, in the event that the restriction is no longer justified or proportionate. Any restriction should take into account the situation of border regions and outermost regions, especially for cross-border workers.
Strategic reserves
Member States should make best efforts to build up strategic reserves of goods of critical importance. The Commission should provide support to Member States in order to assist them in coordinating and streamlining their efforts. In particular, the Commission should ensure coordination and information exchange, and should promote solidarity between national competent authorities in relation to shortages of crisis-relevant goods or services, or building strategic reserves for goods of critical importance.
Coordinated distribution of strategic reserves
In the event of a shortage of crisis relevant goods and services affecting one or more Member States, the Member States concerned may notify the Commission thereof and indicate the quantities needed and any other relevant information. The Commission should transmit the information to all competent authorities and streamline the coordination of Member States’ responses.
Action of the emergency mode
Where the Commission, taking into due consideration the opinion of the Board, considers that there is an internal market emergency, it should adopt a legislative proposal to activate the internal market emergency mode. The internal market emergency mode may be activated by means of a legislative act adopted on the basis of the said legislative proposal. The duration of the activation should be specified in that legislative act, and should be restricted to a maximum of six months . As soon as the internal market emergency mode is activated by means of the legislative act, the Commission shall, without delay, adopt such a list by means of an implementing act. That list may be amended by means of implementing acts.
Fast lanes
Members proposed the setting up, by the Commissions, of fast lanes that aim to facilitate the free movement of goods, services and workers, especially crisis-relevant goods and services. In particular, the Commission should provide relevant templates or single digital declaration, registration or authorisation forms for cross-border activities, in particular for professional services in the areas of healthcare, installation, maintenance and repair, construction and food and agriculture in order to accelerate declaration, registration or authorisation procedures, including recognition of professional qualifications or posting of workers.
Emergency and resilience stakeholder platform
Lastly, the creation of a stakeholder platform was proposed to facilitate sector-specific dialogue and partnerships by bringing together key stakeholders, namely representatives of economic operators, social partners, researchers and civil society. That platform should aim to encourage economic operators to draw up voluntary roadmaps in response to an internal market emergency.
The Committee on the Internal Market and Consumer Protection adopted the report by Andreas SCHWAB (EPP, DE) 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.
As a reminder, the proposed Single market Emergency Instrument (SMEI) is intended to anticipate, prepare for and respond to the impacts of crises. It builds on lessons learnt from recent emergencies by continuously monitoring potential future crises, by entering vigilance or emergency modes whenever a threat becomes clear and by putting in place a governance architecture that enables Member States to coordinate decision-making.
The committee responsible recommended that the European Parliament's position adopted at first reading under the ordinary legislative procedure should amend the proposal as follows:
Title change
Members suggested changing the name of the instrument from the Single Market emergency instrument (SMEI) to the Internal Market Emergency and Resilience Act (IMERA) and introducing additional changes to strengthen the Union’s resilience.
Internal Market Emergency and Resilience Board
Contrary to the Commission’s proposal to establish an advisory board, Members proposed setting up an internal market emergency and resilience board to be composed of one representative from each Member State and one expert appointed by the European Parliament. The Commission should chair the Board and provide its secretariat. The Board may adopt opinions, recommendations or reports, which should be made publicly available, without prejudice to personal data or trade secrets.
Members also proposed that the Commission should ensure the participation of the European Parliament and of all bodies at Union level that are relevant to the respective crisis. In addition, the Commission should, in particular, ensure equal access to all information, so that the European Parliament and Council receive all documents at the same time.
Crisis protocols
The report noted that the Commission, taking into account the opinion of the Board, may initiate, encourage and facilitate the drawing up of voluntary crisis protocols by economic operators in order to address internal market emergencies, strictly limited to extraordinary circumstances.
Stress tests
To ensure the free movement and the availability of goods and services of critical importance and to anticipate, and prepare for disruptions to the internal market, the Commission should all conduct and coordinate stress tests, including simulations and peer reviews, in particular for critical sectors identified by the Commission.
Prohibited restrictions to free movement during an internal market emergency
Restrictions on the free movement of goods, services and persons imposed by Member States in response to an internal market emergency should be prohibited, unless they are justified on grounds of legitimate public interest objectives, such as public policy, public security or public health, and are in compliance with the principles of non-discrimination and proportionality. Any such restriction should be limited in time and immediately removed as soon as the internal market emergency mode is deactivated or earlier, in the event that the restriction is no longer justified or proportionate. Any restriction should take into account the situation of border regions and outermost regions, especially for cross-border workers.
Strategic reserves
Member States should make best efforts to build up strategic reserves of goods of critical importance. The Commission should provide support to Member States in order to assist them in coordinating and streamlining their efforts. In particular, the Commission should ensure coordination and information exchange, and should promote solidarity between national competent authorities in relation to shortages of crisis-relevant goods or services, or building strategic reserves for goods of critical importance.
Coordinated distribution of strategic reserves
In the event of a shortage of crisis relevant goods and services affecting one or more Member States, the Member States concerned may notify the Commission thereof and indicate the quantities needed and any other relevant information. The Commission should transmit the information to all competent authorities and streamline the coordination of Member States’ responses.
Action of the emergency mode
Where the Commission, taking into due consideration the opinion of the Board, considers that there is an internal market emergency, it should adopt a legislative proposal to activate the internal market emergency mode. The internal market emergency mode may be activated by means of a legislative act adopted on the basis of the said legislative proposal. As soon as the internal market emergency mode is activated by means of the legislative act, the Commission shall, without delay, adopt such a list by means of an implementing act. That list may be amended by means of implementing acts.
Fast lanes
Members proposed the setting up, by the Commissions, of fast lanes that aim to facilitate the free movement of goods, services and workers, especially crisis-relevant goods and services. In particular, the Commission should provide relevant templates or single digital declaration, registration or authorisation forms for cross-border activities, in particular for professional services in the areas of healthcare, installation, maintenance and repair, construction and food and agriculture in order to accelerate declaration, registration or authorisation procedures, including recognition of professional qualifications or posting of workers.
Emergency and resilience stakeholder platform
Lastly, the creation of a stakeholder platform was proposed to facilitate sector-specific dialogue and partnerships by bringing together key stakeholders, namely representatives of economic operators, social partners, researchers and civil society. That platform should aim to encourage economic operators to draw up voluntary roadmaps in response to an internal market emergency.
PURPOSE: to establish a Single Market emergency instrument (SMEI).
PROPOSED ACT: Regulation of the European Parliament and of the Council.
ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.
BACKGROUND: the Single Market is one of the EU’s greatest assets and provides the backbone for the EU’s economic growth and wellbeing. Recent crises, such as the COVID-19 pandemic or Russia’s invasion of Ukraine, have demonstrated some vulnerability of the Single Market and its supply chains in case of unforeseen disruptions.
The EU 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.
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 arrangements between the Member States and Union authorities as regards contingency planning, technical level coordination and cooperation and information exchange.
The proposal therefore aims to address two separate but interrelated problems: obstacles to free movement of goods, services and persons in times of crisis and shortages of crisis-relevant goods and services .
The Single Market Emergency Instrument complements other EU legislative measures for crisis management like the Union Civil Protection Mechanism, as well as EU rules for specific sectors, supply chains or products like health, semiconductors or food security, which already foresee targeted crisis response measures.
CONTENT: the Commission seeks to establish 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-relevant goods and services in the Single Market.
The Single Market Emergency Instrument (SMEI) includes the following components:
- an advisory group to advise the Commission on the appropriate measures for preventing or addressing the impact of the crisis on the Single Market;
- a framework for contingency planning which includes: (i) arrangements for crisis protocols and crisis communication and training and emergency simulations in view of ensuring timely cooperation and exchange of information between the Commission, Member States and relevant Union level bodies and; (ii) ad-hoc alerts for early warning system for any incidents that significantly/seriously disrupt or have the potential to significantly/seriously disrupt the functioning of the Single Market and in its supply chains of goods and services;
- a framework for Single Market vigilance which will be the framework for impacts of significant incidents that have not yet escalated into a full-blown Single Market emergency. It requires activation when an incident that has occurred has the potential to significantly disrupt the supply chains of goods and services of strategic importance or which causes firsts signs of severe shortages of such goods and services. Monitoring the supply chain of goods and services as well as building up strategic reserves of such goods;
- a framework for Single Market emergencies which includes measures to improve transparency and facilitate free movement . Under extraordinary circumstances, and only when the emergency mode has already been activated, the Commission may also make use of tools which will require a separate activation step . In this case, the Commission may issue targeted information requests to economic operators, which can be made binding . It may also ask them to accept priority rated orders for crisis-relevant products, in response to which firms must either comply or explain the grave reasons justifying refusal. Furthermore, the accelerated placing on the market of certain products through quicker testing and accreditation , including through conformity assessment, will ensure their availability during emergencies.
Documents
- Decision by Parliament, 1st reading: T9-0320/2024
- Approval in committee of the text agreed at 1st reading interinstitutional negotiations: PE759.087
- Coreper letter confirming interinstitutional agreement: GEDA/A/(2024)001181
- Text agreed during interinstitutional negotiations: PE759.087
- Results of vote in Parliament: Results of vote in Parliament
- Decision by Parliament, 1st reading: T9-0317/2023
- Debate in Parliament: Debate in Parliament
- Committee report tabled for plenary, 1st reading: A9-0246/2023
- Committee opinion: PE745.211
- Committee opinion: PE745.415
- Amendments tabled in committee: PE742.649
- Amendments tabled in committee: PE746.643
- Committee draft report: PE742.468
- Committee of the Regions: opinion: CDR4234/2022
- Contribution: COM(2022)0459
- Specific opinion: PE739.591
- Contribution: COM(2022)0459
- Economic and Social Committee: opinion, report: CES4098/2022
- Contribution: COM(2022)0459
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SEC(2022)0323
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SWD(2022)0288
- Document attached to the procedure: SWD(2022)0289
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SWD(2022)0290
- Legislative proposal published: COM(2022)0459
- Legislative proposal published: EUR-Lex
- Document attached to the procedure: EUR-Lex SEC(2022)0323
- Document attached to the procedure: EUR-Lex SWD(2022)0288
- Document attached to the procedure: SWD(2022)0289
- Document attached to the procedure: EUR-Lex SWD(2022)0290
- Economic and Social Committee: opinion, report: CES4098/2022
- Specific opinion: PE739.591
- Committee of the Regions: opinion: CDR4234/2022
- Committee draft report: PE742.468
- Amendments tabled in committee: PE742.649
- Amendments tabled in committee: PE746.643
- Committee opinion: PE745.415
- Committee opinion: PE745.211
- Coreper letter confirming interinstitutional agreement: GEDA/A/(2024)001181
- Text agreed during interinstitutional negotiations: PE759.087
- Contribution: COM(2022)0459
- Contribution: COM(2022)0459
- Contribution: COM(2022)0459
Activities
- Heidi HAUTALA
Plenary Speeches (3)
- 2023/09/12 Single market emergency instrument (debate)
- 2023/09/12 Single market emergency instrument (debate)
- 2023/09/12 Single market emergency instrument (debate)
- Andreas SCHWAB
Plenary Speeches (3)
- Pablo ARIAS ECHEVERRÍA
Plenary Speeches (1)
- 2023/09/12 Single market emergency instrument (debate)
- Adam BIELAN
Plenary Speeches (1)
- 2023/09/12 Single market emergency instrument (debate)
- Dita CHARANZOVÁ
Plenary Speeches (1)
- 2023/09/12 Single market emergency instrument (debate)
- Deirdre CLUNE
Plenary Speeches (1)
- 2023/09/12 Single market emergency instrument (debate)
- Marcel de GRAAFF
Plenary Speeches (1)
- 2023/09/12 Single market emergency instrument (debate)
- Agnes JONGERIUS
Plenary Speeches (1)
- 2023/09/12 Single market emergency instrument (debate)
- Morten LØKKEGAARD
Plenary Speeches (1)
- 2023/09/12 Single market emergency instrument (debate)
- Antonius MANDERS
Plenary Speeches (1)
- 2023/09/12 Single market emergency instrument (debate)
- Eva MAYDELL
Plenary Speeches (1)
- 2023/09/12 Single market emergency instrument (debate)
- Tom VANDENKENDELAERE
Plenary Speeches (1)
- 2023/09/12 Single market emergency instrument (debate)
- Marc BOTENGA
Plenary Speeches (1)
- 2023/09/12 Single market emergency instrument (debate)
- Anna CAVAZZINI
Plenary Speeches (1)
- 2023/09/12 Single market emergency instrument (debate)
- Arba KOKALARI
Plenary Speeches (1)
- 2023/09/12 Single market emergency instrument (debate)
- Mislav KOLAKUŠIĆ
Plenary Speeches (1)
- 2023/09/12 Single market emergency instrument (debate)
- Sylvia LIMMER
Plenary Speeches (1)
- 2023/09/12 Single market emergency instrument (debate)
- Edina TÓTH
Plenary Speeches (1)
- 2023/09/12 Single market emergency instrument (debate)
- Eugen JURZYCA
Plenary Speeches (1)
- 2023/09/12 Single market emergency instrument (debate)
- Alex AGIUS SALIBA
Plenary Speeches (1)
- 2023/09/12 Single market emergency instrument (debate)
- Virginie JORON
Plenary Speeches (1)
- 2023/09/12 Single market emergency instrument (debate)
- Svenja HAHN
Plenary Speeches (1)
- 2023/09/12 Single market emergency instrument (debate)
- Vlad-Marius BOTOŞ
Plenary Speeches (1)
- 2023/09/12 Single market emergency instrument (debate)
- Beata MAZUREK
Plenary Speeches (1)
- 2023/09/12 Single market emergency instrument (debate)
- Tomislav SOKOL
Plenary Speeches (1)
- 2023/09/12 Single market emergency instrument (debate)
- Geert BOURGEOIS
Plenary Speeches (1)
- 2023/09/12 Single market emergency instrument (debate)
- Stéphanie YON-COURTIN
Plenary Speeches (1)
- 2023/09/12 Single market emergency instrument (debate)
- Maria-Manuel LEITÃO-MARQUES
Plenary Speeches (1)
- 2023/09/12 Single market emergency instrument (debate)
- Marc ANGEL
Plenary Speeches (1)
- 2023/09/12 Single market emergency instrument (debate)
- Miriam LEXMANN
Plenary Speeches (1)
- 2023/09/12 Single market emergency instrument (debate)
- Jean-Lin LACAPELLE
Plenary Speeches (1)
- 2023/09/12 Single market emergency instrument (debate)
- René REPASI
Plenary Speeches (1)
- 2023/09/12 Single market emergency instrument (debate)
Votes
Instrument du marché unique pour les situations d’urgence - A9-0246/2023 - Andreas Schwab - Amendements de la commission compétente - votes séparés - Am 128 #
A9-0246/2023 - Andreas Schwab - Amendements de la commission compétente - votes séparés - Am 136 #
A9-0246/2023 - Andreas Schwab - Amendements de la commission compétente - votes séparés - Am 151 #
A9-0246/2023 - Andreas Schwab - Article 27 - Am 295S #
A9-0246/2023 - Andreas Schwab - Article 27 - Am 233-237 #
A9-0246/2023 - Andreas Schwab - Article 28 - Am 238-242 #
A9-0246/2023 - Andreas Schwab - Article 33 - Am 252-255 #
A9-0246/2023 - Andreas Schwab - Proposition de la Commission #
A9-0246/2023 – Andreas Schwab – Provisional agreement – Am 296 #
Amendments | Dossier |
1221 |
2022/0278(COD)
2023/03/31
IMCO
795 amendments...
Amendment 175 #
Proposal for a regulation Title 1 Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL establishing a Single Market emergency instrument
Amendment 176 #
Proposal for a regulation Title 1 Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL establishing a Single Market emergency instrument and
Amendment 177 #
Proposal for a regulation 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 and workers can be severely affected by such crises, and 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 response to such impacts. In many cases, distorted as well as crisis-relevant sectors depended on cross-border services and mobile workers, who played an essential role at the frontline of the crisis, but were often left behind without adequate protection when exercising their freedom of movement.
Amendment 178 #
Proposal for a regulation 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, businesses, workers and consumers can be severely affected by such crises, and 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 response to such impacts.
Amendment 179 #
Proposal for a regulation 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
Amendment 180 #
Proposal for a regulation Recital 1 a (new) Amendment 181 #
Proposal for a regulation Recital 1 a (new) (1 a) National border closures due to the COVID-19 pandemic have unveiled the unique vulnerability and interdependency of Europe’s cross-border regions. Disruption of the free movement of goods, services, people and essential medical equipment resulted in detrimental economic consequences.
Amendment 182 #
Proposal for a regulation Recital 1 b (new) (1 b) Breaches of this principle occur when in a given Member State the free movement of goods is obstructed by actions of private individuals, causeing grave disruption to the proper functioning of the internal market and inflict serious losses on the individuals affected, the Member State on the territory of which obstacles to the free movement of goods occur should take all necessary and proportionate measures to restore as soon as possible the free movement of goods in their territory in order to avoid the risk that the disruption or loss in question will continue, increase or intensify and that there may be a breakdown in trade and in the contractual relations which underlie it.Such Member State should inform the Commission and, if requested, other Member States of the measures it has taken or intends to take in order to fulfill this objective as this obligation is expressed in the treaty as well as in the jurisprudence of the Court of Justice of the European Union (Case C-265/95 Commission of the European Communities v French Republic).
Amendment 183 #
Proposal for a regulation 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
Amendment 184 #
Proposal for a regulation Recital 3 (3) Actions by the Commission were delayed by several weeks due to the lack of any Union wide contingency planning measures and ofclarity 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 arrangements between the Member States and Union authorities as regards contingency planning, technical level coordination and cooperation and information exchange. Different stakeholders, including trade unions played an essential role to protect free movement during the implementation of such measures and should be able to participate fully in their design and implementation, including when it comes to dissemination of relevant information to workers and business operators on the ground.
Amendment 185 #
Proposal for a regulation Recital 3 (3) Actions by the Commission were delayed by several weeks due to the lack of
Amendment 186 #
Proposal for a regulation 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
Amendment 187 #
Proposal for a regulation Recital 4 (4) Representative organisations of economic operators and trade unions have suggested that economic operators and workers did not have sufficient information on the crisis response measures of the Member States during the pandemics, partly due to not knowing where to obtain such information, partly due to language constraints and the administrative burden implied in making repeated inquiries in all the Member States, especially in a constantly changing regulatory environment. This prevented them from making informed decisions to protect free movement rights and working conditions as well as business decisions as to what extent they may rely on their free movement rights or continue cross-border business operations during the crisis. It is necessary to improve the availability of information on national and Union level crisis response measures
Amendment 188 #
Proposal for a regulation Recital 4 (4) Representative organisations of
Amendment 189 #
Proposal for a regulation Recital 4 (4) Representative organisations of economic operators and social partners have suggested that economic operators did not have sufficient information on the crisis response measures of the Member States during the pandemics, partly due to not knowing where to obtain such information, partly due to language constraints and the administrative burden implied in making repeated inquiries in all the Member States, especially in a constantly changing regulatory environment. This prevented them from making informed business decisions as to what extent they may rely on their free movement rights or continue cross-border business operations during the crisis. It is necessary to improve the
Amendment 190 #
Proposal for a regulation 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 known which kind of crises could come up next and produce severe impacts on the Single Market
Amendment 191 #
Proposal for a regulation Recital 5 (5) These recent events have also
Amendment 192 #
Proposal for a regulation 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
Amendment 193 #
Proposal for a regulation Recital 6 (6) The impact of a crisis on the Single Market can
Amendment 194 #
Proposal for a regulation Recital 7 (7) Since any specific aspects of future crises that would impact the Single Market and its supply chains are hard to predict, this Regulation should provide for a general framework for anticipating, preventing, preparing for, mitigating and minimising the negative impacts which any crisis may cause on the Single Market and its supply chains
Amendment 195 #
Proposal for a regulation Recital 7 (7) Since any specific aspects of future crises that would impact the Single Market and its supply chains are hard to predict, this Regulation should provide for a general framework for anticipating, preparing for, mitigating and minimising the negative impacts which any crisis may cause on the Single Market and its supply chains
Amendment 196 #
Proposal for a regulation Recital 7 (7) Since any specific aspects of future crises that would impact the Single Market and its supply chains are hard to predict, this Regulation should provide for a general framework for anticipating,
Amendment 197 #
Proposal for a regulation Recital 7 (7) Since any specific aspects of future crises that would impact the Single Market
Amendment 198 #
Proposal for a regulation Recital 8 (8) The framework of measures set out under this Regulation should be deployed in a coherent, transparent, efficient, proportionate and timely manner, having due regard to the need to maintain vital societal functions, meaning including public security, safety, public order, or public health respecting, the responsibility of the Member States to safeguard national
Amendment 199 #
Proposal for a regulation Recital 8 (8) The framework of measures set out under this Regulation should be deployed in a coherent, transparent, efficient, proportionate and timely manner, having due regard to the need to maintain vital societal functions, meaning including public security, safety, public order,
Amendment 200 #
Proposal for a regulation Recital 9 Amendment 201 #
Proposal for a regulation Recital 9 – indent 1 — the necessary means to ensure the continued functioning of the Single Market, the businesses that operate on the Single Market and its strategic supply chains, including the free circulation of goods, services and persons in times of crisis and the availability of crisis relevant
Amendment 202 #
Proposal for a regulation Recital 9 – indent 1 — the necessary means to ensure the continued functioning of the Single Market, the businesses that operate on the Single Market and its strategic supply chains, including the free circulation of goods, services and persons in times of crisis and the availability of crisis relevant goods and services to citizens, businesses and public authorities, while ensuring the safety of workers involved in the production and provision of those goods and services and the protection of their rights at the time of crisis;
Amendment 203 #
Proposal for a regulation Recital 9 – indent 1 a (new) - the necessary safeguards for the rights and freedoms of service providers and workers, taking into account in particular the situation of and the potential impacts on cross-border activities which are key for the functioning of the internal market, even more in times of crisis, ensuring their safety and protecting their physical and mental health;
Amendment 204 #
Proposal for a regulation Recital 9 – indent 2 — a forum for adequate coordination, cooperation and exchange of information amongst all actors of the implementation process : Member States, European Commission and economic operator; and
Amendment 205 #
Proposal for a regulation Recital 9 – indent 2 a (new) - an emergency and resilience dialogue between the Council, the Commission and the European Parliament;
Amendment 206 #
Proposal for a regulation 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 207 #
Proposal for a regulation 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 208 #
Proposal for a regulation Recital 9 – indent 3 — the means for the timely accessibility and availability of the
Amendment 209 #
Proposal for a regulation Recital 10 (10)
Amendment 210 #
Proposal for a regulation Recital 10 (10) Where possible, this Regulation should allow for anticipation of events and crises, building on on-going analysis concerning
Amendment 211 #
Proposal for a regulation Recital 10 (10) Where possible, this Regulation should allow for anticipation and prevention of events and crises, building on on-going analysis concerning strategically important areas of the Single Market economy and the Union’s continuous foresight work.
Amendment 212 #
Proposal for a regulation Recital 10 (10) Where possible, this Regulation should allow for anticipation of events and crises, building on on-going analysis concerning
Amendment 213 #
Proposal for a regulation Recital 10 a (new) (10 a) In order to best prepare public authorities and relevant economic operators for a possible crisis, it is crucial that the Commission can assess the resilience of strategic supply chains within the Union in light of pre- determined scenarios. This Regulation should therefore provide a framework where the Commission, in coordination with the Advisory Group, should identify strategic supply chains and the most important actors within this supply chain and assess their resilience. Such assessments should be based on criteria defined with the Advisory Group and should aim at identifying possible strengths and weaknesses of strategic supply chains.
Amendment 214 #
Proposal for a regulation Recital 15 a (new) (15 a) Recent crises such as the COVID- 19 pandemic have shown that democratic debates prior to adopting measures restricting specific rights and freedoms and a proper monitoring of the exercise of the executive powers transferred on public authorities by Parliaments have been missing, although this should constitute a fundamental step to ensure public awareness and democratic endorsement of such measures and proper democratic accountability. While the Commission should have a leading role in coordinating the work of the Advisory Group and for activating the Single Market vigilance mode or the Single Market emergency mode when deemed necessary, the Council and the European Parliament as the legitimate decision- makers under the EU Treaties should be equally involved in adoption of decisions and measures. In order to ensure appropriate public scrutiny, the Single Market vigilance mode or the Single Market emergency mode can only be activated by a decision on a proposal made by the Commission and promptly adopted jointly by both the European Parliament and the Council. In order to ensure equal access to relevant information and ensure fully informed decisions, an emergency and resilience dialogue between the Commission, the Council and the European Parliament is established and both representatives of Member States and representatives of the European Parliament must be members of the Advisory Group.
Amendment 215 #
Proposal for a regulation Recital 15 b (new) (15 b) In order to provide for an appropriate involvement of the European Parliament against the need for quick decision-making in times of an emergency, decisions to activate the Single Market Vigilance Mode and, in particular, the Single Market Emergency Mode should be adopted by making use of the urgent procedure under Rule 163 of the Rules of Procedure of the European Parliament. If necessary, the President of the European Parliament should convene an extraordinary mini-session of the Plenary pursuant to Rule 54(4) of the Rules of Procedure of the European Parliament at the request of the Commission. In order to facilitate the smooth process of the adoption of the decisions for the activation of the Single Market Vigilance Mode and the Single Market Emergency Mode, the responsible committee for the Single Market Emergency Instrument shall appoint a standing rapporteur that serves as rapporteur responsible for the urgent procedure under Rule 163(3) of the Rules of Procedure of the European Parliament. The responsible committee will be continuously informed by the European Commission of developments leading to the possible activation of the Single Market Vigilance mode and Single Market Emergency mode within the Emergency and Resilience Dialogue. If necessary, the rules on extraordinary circumstances under Title XIIIa of the Rules of Procedure of the European Parliament provide for the necessary tools in order to ensure a proper functioning of the European Parliament in an emergency situation under unforeseen circumstances, including remote participation and voting.
Amendment 216 #
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 Single Market of a Single Market
Amendment 217 #
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 2
Amendment 218 #
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,
Amendment 219 #
Proposal for a regulation Recital 17 (17) Article 21 TFEU lays down the right of EU citizens to move and reside freely within the territory of the Member States, subject to the limitations and conditions laid down in the Treaties and the measures adopted to give them effect. The detailed conditions and limitations are laid down in Directive 2004/38/EC. This Directive sets out the general principles applicable to these limitations and the grounds that may be used to justify such measures.
Amendment 220 #
Proposal for a regulation Recital 18 (18) As regards the measures for
Amendment 221 #
Proposal for a regulation Recital 19 (19) Article 45 TFEU lays down the right to free movement of workers without any discrimination based on nationality, 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 pre
Amendment 222 #
Proposal for a regulation 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
Amendment 223 #
Proposal for a regulation 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
Amendment 224 #
Proposal for a regulation 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 pre
Amendment 225 #
Proposal for a regulation Recital 20 Amendment 226 #
Proposal for a regulation Recital 20 Amendment 227 #
Proposal for a regulation Recital 20 (20)
Amendment 228 #
Proposal for a regulation 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 fundamental human rights as well as the principles of proportionality and non- discrimination and should take into consideration the particular situation of border regions.
Amendment 229 #
Proposal for a regulation 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 shall be consulted on the elaboration of any emergency measure having an impact on the free movement, and cooperation should be ensured in terms of implementation and information provision to workers and business operators.
Amendment 230 #
Proposal for a regulation Recital 21 (21) The activation of the Single Market vigilance mode or the Single Market emergency mode should trigger an obligation for the Member States to notify crisis-relevant free movement restrictions.
Amendment 231 #
Proposal for a regulation Recital 21 (21)
Amendment 232 #
Proposal for a regulation Recital 22 (22) When examining the compatibility of any notified draft or adopted measures with the principle of proportionality, the Commission should pay due regard to the evolving crisis situation and often limited information that is at the disposal of the Member States when they seek to reduce
Amendment 233 #
Proposal for a regulation Recital 22 (22) When examining the compatibility of any notified draft or adopted measures with the principle of proportionality, the Commission should pay due regard to the evolving crisis situation and often limited information that is at the disposal of the Member States when they seek to reduce the emerging risks in the context of the crisis. Where justified and necessary in the circumstances, the Commission may consider based on any available information, including specialised or scientific information, the merits of Member State arguments
Amendment 234 #
Proposal for a regulation Recital 22 (22) When examining the compatibility of any notified draft or adopted measures with the principle of proportionality, the Commission should pay due regard to the evolving crisis situation and often limited information that is at the disposal of the Member States when they seek to reduce the emerging risks in the context of the crisis. Where justified and necessary in the circumstances, the Commission
Amendment 235 #
Proposal for a regulation Recital 22 (22) When examining the compatibility of any notified draft or adopted measures with the principle of necessity and proportionality, the Commission should
Amendment 236 #
Proposal for a regulation Recital 23 (23) In order to ensure that the specific Single Market vigilance and emergency measures provided for in this Regulation are used only where this is indispensable for preparing for or responding to a particular Single Market emergency, such measures should require individual activation
Amendment 237 #
Proposal for a regulation Recital 23 (23) In order to ensure that the specific Single Market emergency measures provided for in this Regulation are used only where this is indispensable for responding to a particular Single Market emergency,
Amendment 238 #
Proposal for a regulation Recital 23 (23) In order to ensure that the specific Single Market emergency measures provided for in this Regulation are used only where this is indispensable for responding to a particular Single Market emergency, such measures should require individual activation by means of Commission implementing acts, which indicate the reasons for such activation and how the measures comply with fundamental human rights, as well as the crisis-relevant goods or services that such measures apply to.
Amendment 239 #
Proposal for a regulation Recital 24 (24) Furthermore, in order to ensure the proportionality of the
Amendment 240 #
Proposal for a regulation Recital 24 (24) Furthermore, in order to ensure the proportionality of the implementing acts and due respect for the autonomy of social partners and the role of economic operators in crisis management, the Commission should only resort to the activation of the Single Market emergency mode, where economic operators are not able to provide a solution on a voluntary
Amendment 241 #
Proposal for a regulation Recital 24 (24) Furthermore, in order to ensure the proportionality of the implementing acts and due respect for the role of economic operators in crisis management, the Co
Amendment 242 #
Proposal for a regulation Recital 26 (26) The activation of the Single Market emergency mode, where needed, should also trigger the application of certain crisis- response procedures which introduce adjustments to the rules governing the
Amendment 243 #
Proposal for a regulation Recital 26 (26) The activation of the Single Market emergency mode, where needed, should also trigger the application of certain crisis- response procedures which introduce adjustments to the rules governing the design, manufacture, conformity assessment and the placing on the market of goods subject to Union harmonised rules. These crisis-response procedures should enable products, designated as crisis-relevant goods to be placed swiftly on the market in an emergency context while ensuring that due regard is given to the precautionary principle enshrined in Article 191 TFEU to ensure a high level of protection when it comes to human, animal, plant and environmental health. The conformity assessment bodies should prioritise the conformity assessment of crisis-relevant goods over any other ongoing applications for other products. On the other hand, in cases, where there are undue delays in the conformity
Amendment 244 #
Proposal for a regulation Recital 26 (26) The activation of the Single Market emergency mode, where needed, should also trigger the application of certain crisis- response procedures which introduce adjustments to the rules governing the design, manufacture, conformity assessment and the placing on the market of goods subject to Union harmonised rules. These crisis-response procedures should enable products, designated as crisis-relevant goods to be placed swiftly on the market in an emergency context. The conformity assessment bodies should prioritise the conformity assessment of crisis-relevant goods over any other ongoing applications for other products. On the other hand, in cases, where there are undue delays in the conformity assessment procedures, the national competent authorities should be able to issue authorisations for products, which have not undergone the applicable conformity assessment procedures to be placed on their respective market, provided that they comply with the applicable safety requirements.
Amendment 245 #
Proposal for a regulation 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
Amendment 246 #
Proposal for a regulation 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 strategic importance, measures at Union level aimed to ensure the availability of crisis-relevant products
Amendment 247 #
Proposal for a regulation Recital 29 (29) In order to leverage the purchasing power and negotiating position of the Commission during the Single Market vigilance mode and the Single Market emergency mode, Member States should be able to request the Commission to procure on their behalf. Mandates and contracts of such joint procurement undertakings should be made available to the public.
Amendment 248 #
Proposal for a regulation Recital 29 (29) In order to leverage the purchasing power and negotiating position of the Commission during the Single Market
Amendment 249 #
Proposal for a regulation 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 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. If any ramping up or repurposing of production capacity of manufacturers have an impact on free movement or rights of workers in a company or sector, trade unions should be able to participate fully in the process, in addition to being informed and consulted before and during the implementation phase.
Amendment 250 #
Proposal for a regulation 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 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, the advisory group and the European Parliament 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 251 #
Proposal for a regulation Recital 31 (31) The measures ensuring regulatory flexibility would allow the Commission to recommend that Member States accelerate the procedures for granting permits that would be necessary for enhancement of the capacity to produce crisis-relevant goods or
Amendment 252 #
Proposal for a regulation Recital 32 (32) Additionally, to ensure that crisis- relevant goods are available during the Single Market emergency, the Commission may invite the economic operators that operate in crisis-relevant supply chains to prioritise the orders of inputs necessary for the production of final goods that are crisis relevant, or the orders of such final goods themselves.
Amendment 253 #
Proposal for a regulation Recital 32 (32) Additionally, to ensure that crisis- relevant goods are available during the Single Market emergency, the Commission may invite the economic operators that operate in crisis-relevant supply chains to prioritise the orders of inputs necessary for the production of final goods that are crisis relevant, or the orders of such final goods themselves. Should an economic operator refuse to accept and prioritise such orders, following objective evidence that the availability of crisis-relevant goods is indispensable, the Commission may decide to invite the economic operators concerned to accept and prioritise certain orders, the fulfilment of which will then take precedence over any other private or public law obligations. In the event of failure to accept, the operator in question should explain its legitimate reasons for declining the request. The Commission
Amendment 254 #
Proposal for a regulation Recital 32 (32) Additionally, to ensure that crisis- relevant goods are available during the Single Market emergency, the Commission may invite the economic operators that operate in crisis-relevant supply chains to
Amendment 255 #
Proposal for a regulation Recital 33 (33) Furthermore, to ensure availability of crisis-relevant goods during the Single Market emergency, the Commission may recommend that Member States distribute strategic reserves, having with due regard to the principles of solidarity, necessity and proportionality. This must take into account the different local and regional needs such as those of the outermost regions, densely populated cities, rural areas and border regions.
Amendment 256 #
Proposal for a regulation Recital 33 (33) Furthermore, to ensure availability of crisis-relevant goods during the Single Market emergency, the Commission may recommend that Member States distribute strategic reserves, having with due regard to the principles of solidarity, necessity and proportionality. Intra-EU export bans shall be prohibited.
Amendment 257 #
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
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
Amendment 259 #
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,
Amendment 260 #
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 and their protection, 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,
Amendment 261 #
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
Amendment 262 #
Proposal for a regulation Recital 36 (36) This Regulation respects fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the
Amendment 263 #
Proposal for a regulation 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 the freedom of contract, which are protected by Article 16 of the Charter, the right to property, protected by Article 17 of the Charter, right to collective bargaining and action protected by Article 2
Amendment 264 #
Proposal for a regulation 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’) and the right to liberty and security of person (Article 6). In particular, it respects the right to privacy
Amendment 265 #
Proposal for a regulation 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 the freedom of contract, which are protected by Article 16 of the Charter, the right to property, protected by Article 17 of the Charter, right to collective bargaining and action protected by Article 2
Amendment 266 #
Proposal for a regulation Recital 37 (37) The Union remains fully committed to international solidarity and strongly supports the principle that any measures deemed necessary taken under this Regulation, including those necessary to prevent or relieve critical shortages, are implemented in a manner that is targeted, transparent
Amendment 267 #
Proposal for a regulation Recital 38 (38) The Union framework shall include interregional elements to establish coherent, multi-sectoral, cross-border Single Market vigilance and emergency response measures, in particular considering the resources, capacities and vulnerabilities across neighbouring regions, specifically border regions or outermost regions, and considering the impact on frontier workers in their local labour markets.
Amendment 268 #
Proposal for a regulation Recital 38 (38) The Union framework shall include interregional elements to establish coherent, multi-sectoral, cross-border Single Market vigilance and emergency response measures, in particular considering the resources, capacities and vulnerabilities across neighbouring regions, specifically border regions and cross-border workers and service providers in their local labour markets.
Amendment 269 #
Proposal for a regulation Recital 38 (38) The Union framework shall include interregional elements to establish coherent, multi-sectoral, cross-border Single Market
Amendment 270 #
Proposal for a regulation Recital 38 a (new) (38 a) Whereas European Groupings of Territorial Cooperation (EGTCs) or comparable structures could be used to launch new cross-border response efforts, especially those geared towards specific topics in the fields of security, health, transport, employment, education and the economy.
Amendment 271 #
Proposal for a regulation Recital 39 Amendment 272 #
Proposal for a regulation Recital 40 (40) In order to put in place a framework of crisis protocols the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission to supplement the regulatory framework set out in this Regulation by further specifying the modalities of cooperation of the Member States and Union authorities during the Single Market vigilance and emergency modes, secure exchange of information and risk and crisis communication. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making . In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council shall be involved in every step of the process and receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.
Amendment 273 #
Proposal for a regulation Recital 40 (40) In order to put in place a framework of crisis protocols the power to adopt acts in accordance with Article 290 TFEU
Amendment 274 #
Proposal for a regulation Recital 41 (41) Council Regulation (EC) 2679/98 which provides for a mechanism for bilateral discussions of obstacles to the functioning of the Single Market has been rarely used and is outdated
Amendment 275 #
Proposal for a regulation Article 1 – paragraph 1 Amendment 276 #
Proposal for a regulation Article 1 – paragraph 1 1. This Regulation establishes a framework of measures to
Amendment 277 #
Proposal for a regulation Article 1 – paragraph 1 1. This Regulation establishes a
Amendment 278 #
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 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
Amendment 279 #
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 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
Amendment 280 #
Proposal for a regulation Article 1 – paragraph 2 Amendment 281 #
Proposal for a regulation Article 1 – paragraph 2 Amendment 282 #
Proposal for a regulation Article 1 – paragraph 2 – point a (a) a
Amendment 283 #
Proposal for a regulation Article 1 – paragraph 2 – point a (a) an advisory group to advise the Commission on the appropriate measures for anticipating, preparing, preventing or responding to the impact of a crisis on the Single Market
Amendment 284 #
Proposal for a regulation Article 1 – paragraph 2 – point a (a) a
Amendment 285 #
Proposal for a regulation Article 1 – paragraph 2 – point b a (new) (b a) an emergency and resilience dialogue between the Council, the Commission and the European Parliament to ensure greater transparency and accountability of the measures taken in the framework of this Regulation;
Amendment 286 #
Proposal for a regulation Article 1 – paragraph 2 – point c (c)
Amendment 287 #
Proposal for a regulation Article 1 – paragraph 2 – point c (c) contingency measures aiming at anticipation
Amendment 288 #
Proposal for a regulation Article 1 – paragraph 2 – point c (c) contingency measures aiming
Amendment 289 #
Proposal for a regulation Article 1 – paragraph 2 – point d Amendment 290 #
Proposal for a regulation Article 1 – paragraph 2 – point d (d) measures for addressing Single Market
Amendment 291 #
Proposal for a regulation Article 1 – paragraph 2 – point d (d) measures for addressing Single and labour 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
Amendment 292 #
Proposal for a regulation Article 1 – paragraph 2 a (new) 2 a. This Regulation shall not in any way affect the exercise of fundamental rights as recognised in the Member States and at Union level, including the right or freedom to strike or to take other action covered by the specific industrial relations systems in Member States, in accordance with national law and practice. Nor does it affect the right to negotiate, to conclude and enforce collective agreements, or to take collective action in accordance with national law and practice.
Amendment 293 #
Proposal for a regulation Article 1 – paragraph 3 Amendment 294 #
Proposal for a regulation Article 1 – paragraph 3 Amendment 295 #
Proposal for a regulation Article 1 – paragraph 3 Amendment 296 #
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, with the advisory group, the European Parliament and with the Commission.
Amendment 297 #
Proposal for a regulation Article 1 – paragraph 3 3. Member States shall regularly exchange information on all matters falling within and related to the scope of this Regulation among themselves and with the Commission.
Amendment 298 #
Proposal for a regulation Article 1 – paragraph 4 Amendment 299 #
Proposal for a regulation Article 1 – paragraph 4 Amendment 300 #
Proposal for a regulation Article 1 – paragraph 4 Amendment 301 #
Proposal for a regulation Article 1 – paragraph 4 4. The Commission
Amendment 302 #
Proposal for a regulation Article 1 – paragraph 4 a (new) 4 a. This Regulation shall not affect the fundamental rights as recognised at EU level and in Member States , including the freedom or right to strike or to take other action covered by the specific industrial relations systems in Member States.
Amendment 303 #
Proposal for a regulation Article 2 – paragraph 1 1. The measures set out in this Regulation apply in relation to significant impacts of a crisis on the functioning of the Single Market and its supply chains, while fully respecting and safeguarding fundamental human rights as laid down in the European Social Charter, the Charter of Fundamental Rights of the European Union as well as the European Convention on Human Rights.
Amendment 304 #
Proposal for a regulation Article 2 – paragraph 1 1. The measures set out in this Regulation apply in relation to significant
Amendment 305 #
Proposal for a regulation Article 2 – paragraph 1 1. The measures set out in this Regulation apply in relation to significant impacts of a crisis on the functioning of the Single Market
Amendment 306 #
Proposal for a regulation Article 2 – paragraph 1 1. The measures set out in this Regulation apply in relation to significant impacts of a crisis on the functioning of the Single Market
Amendment 307 #
Proposal for a regulation Article 2 – paragraph 1 1. The measures set out in this Regulation apply in relation to significant impacts of a crisis on the functioning of the
Amendment 308 #
Proposal for a regulation Article 2 – paragraph 2 – point f a (new) (f a) critical raw materials as defined in [the EU Critical Raw Materials Act]
Amendment 309 #
Proposal for a regulation Article 2 – paragraph 3 a (new) 3 a. This Regulation shall complement the Integrated Political Crisis Response mechanism operated by the Council under Council Implementing Decision (EU) 2018/1993, if and when activated, as regards its work on Single Market impacts of cross-sectoral crises that require political decision-making.
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.
Amendment 311 #
Proposal for a regulation Article 2 – paragraph 6 Amendment 312 #
Proposal for a regulation Article 2 – paragraph 6 Amendment 313 #
Proposal for a regulation Article 2 – paragraph 6 – point a Amendment 314 #
Proposal for a regulation Article 2 – paragraph 6 – point b Amendment 315 #
Proposal for a regulation Article 2 – paragraph 7 7. Any actions under this Regulation shall be consistent with Union’s obligations under international law, including human rights obligations of the Union and its Member States as they result from international human rights law.
Amendment 316 #
Proposal for a regulation Article 2 – paragraph 7 7. Any actions under this Regulation shall be consistent with Union’s laws and obligations under international law, such us WTO rules.
Amendment 317 #
Proposal for a regulation Article 2 – paragraph 7 a (new) 7 a. This Regulation shall not in any way affect the right of collective bargaining and action as laid down in Article 28 of the Charter of Fundamentals Rights of the European Union. Nor shall it affect the explicit or implicit right or freedom to negotiate and conclude collective agreements or to take collective action, including strike action in accordance with national law or practise, and any other actions covered by the specific industrial relations systems in Member States.
Amendment 318 #
Proposal for a regulation Article 2 – paragraph 8 8. This Regulation is without prejudice to the responsibility of the Member States to safeguard national security or their power to safeguard essential state functions and any other prerogatives forseen in the Treaties, including ensuring the territorial integrity of the State and maintaining law and order.
Amendment 319 #
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
Amendment 320 #
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, with the exclusion of collective actions, that takes place inside or outside of the Union and results or risks to result in a significant disruption of the supply of goods and services. Neither the exercise of fundamental rights, nor the rights in itself, can ever be considered constituent elements of a crisis;
Amendment 321 #
Proposal for a regulation Article 3 – paragraph 1 – point 1 (1) ‘crisis’ means an exceptional
Amendment 322 #
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 affecting the Single Market by disrupting or may lead to disruption of free movement of goods, services or persons;
Amendment 323 #
Proposal for a regulation Article 3 – paragraph 1 – point 1 (1) ‘crisis’ means an exceptional
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;
Amendment 325 #
Proposal for a regulation Article 3 – paragraph 1 – point 1 a (new) (1 a) ‘major event’ means an event which is likely to pose a serious risk to the free movement of goods, services or persons in more than one Member State, to affect the supply of or demand for critical products or services, to lead to shortages in more than one Member State and which necessitates urgent coordination at Union level in order to ensure the freedoms of the internal market;
Amendment 326 #
Proposal for a regulation Article 3 – paragraph 1 – point 1 a (new) (1 a) 'shortage in the Single Market’ means lack or deficiency of critical goods, semi-finished products, raw materials and/or services in the Single Market as a result of an exceptionally high demand or disruptions in the supply chains of goods and services and/or impediments to the movements of people.
Amendment 327 #
Proposal for a regulation Article 3 – paragraph 1 – point 2 Amendment 328 #
Proposal for a regulation Article 3 – paragraph 1 – point 2 (2) ‘Single Market vigilance mode’ means a framework for addressing a substantial and non-structural threat of significant disruption of the free movement of goods, persons and services on the Single Market or the supply of goods and services of
Amendment 329 #
Proposal for a regulation Article 3 – paragraph 1 – point 2 (2) ‘Single Market vigilance mode’ means a framework for addressing a threat of significant disruption of the
Amendment 330 #
Proposal for a regulation Article 3 – paragraph 1 – point 3 (3) ‘Single Market emergency’ means a wide-ranging impact of a crisis on the Single Market that severely disrupts the free movement on the Single Market
Amendment 331 #
Proposal for a regulation Article 3 – paragraph 1 – point 3 (3) ‘Single Market emergency’ means a wide-ranging impact of a crisis on the Single Market, with the exception of the exercise of fundamental rights, including collective actions, that severely disrupts the free movement on the Single Market or the functioning of the supply chains that are indispensable in the maintenance of vital societal or economic activities in the Single Market;
Amendment 332 #
Proposal for a regulation Article 3 – paragraph 1 – point 3 (3) ‘Single Market emergency’ means a wide-ranging impact of a crisis on the Single Market that severely disrupts the free movement on the Single Market
Amendment 333 #
Proposal for a regulation Article 3 – paragraph 1 – point 3 (3) ‘Single Market emergency’ means a significant wide-ranging impact of a crisis on the Single Market that severely disrupts the free movement of goods, persons and services on the Single Market or the functioning of the supply chains that are indispensable in the maintenance of vital societal or economic activities in the Single Market;
Amendment 334 #
Proposal for a regulation Article 3 – paragraph 1 – point 3 (3) ‘Single Market emergency’ means a wide-ranging impact of a crisis on the Single Market that severely disrupts the free movement of goods, services or persons on the Single Market or the functioning of the supply chains that are indispensable in the maintenance of vital societal or economic activities in the Single Market;
Amendment 335 #
Proposal for a regulation Article 3 – paragraph 1 – point 3 (3) ‘Single Market emergency’ means a wide-ranging impact of a crisis on the
Amendment 336 #
Proposal for a regulation Article 3 – paragraph 1 – point 4 Amendment 337 #
Proposal for a regulation Article 3 – paragraph 1 – point 4 (4) ‘strategically 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 in particular food, transport, energy, defence, health, cybersecurity, information and digital technology and industrial technologies;
Amendment 338 #
Proposal for a regulation Article 3 – paragraph 1 – point 4 (4) ‘strategically 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
Amendment 339 #
Proposal for a regulation Article 3 – paragraph 1 – point 4 (4) ‘
Amendment 340 #
Proposal for a regulation Article 3 – paragraph 1 – point 4 (4) ‘
Amendment 341 #
Proposal for a regulation Article 3 – paragraph 1 – point 5 Amendment 342 #
Proposal for a regulation Article 3 – paragraph 1 – point 5 (5) ‘critical goods and services of strategic importance’ means
Amendment 343 #
Proposal for a regulation Article 3 – paragraph 1 – point 5 (5) ‘goods
Amendment 344 #
Proposal for a regulation Article 3 – paragraph 1 – point 5 (5) ‘goods and services of
Amendment 345 #
Proposal for a regulation Article 3 – paragraph 1 – point 5 (5) ‘goods and services of
Amendment 346 #
Proposal for a regulation Article 3 – paragraph 1 – point 6 (6) ‘crisis-relevant goods and services’ means goods and services that are indispensable for responding to the crisis or for addressing the impacts of the crisis on the Single Market, especially free movement of goods, persons and services, during a Single Market emergency ;
Amendment 347 #
Proposal for a regulation Article 3 – paragraph 1 – point 6 (6) ‘crisis-relevant critical goods and services’ means
Amendment 348 #
Proposal for a regulation Article 3 – paragraph 1 – point 6 (6) ‘crisis-relevant goods
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.
Amendment 350 #
Proposal for a regulation Article 3 – paragraph 1 – point 7 (7) ‘strategic reserves’ means a stock of goods of
Amendment 351 #
Proposal for a regulation Article 3 – paragraph 1 – point 7 a (new) (7 a) ‘economic operator’ shall mean the manufacturer, the authorised representative, the importer and the distributor as defined in Regulation 765/2008/EC, or a service provider that is any natural person who is a national of a Member State, or any legal person as referred to in Article 48 of the Treaty and established in a Member State, who offers or provides a service, as defined in Directive 2006/123/EC ;
Amendment 352 #
Proposal for a regulation Article 3 – paragraph 1 – point 7 a (new) (7 a) ‘economic operator’ means the manufacturer, the authorised representative, the importer, the distributor, the service provider or any other natural or legal person who is subject to obligations in relation to the provision of a service or the manufacture of products, making them available on the market or putting them into service;
Amendment 353 #
Proposal for a regulation Article 3 – paragraph 1 – point 7 a (new) (7 a) ‘representative umbrella organisations of economic operators at Union level’ means a legal person that is constituted in accordance with the national law of the Member State whose statutory purpose is to represent economic operators active at EU level from a plurality of sectors and companies (and entrepreneurs) of all sizes.
Amendment 354 #
Proposal for a regulation Article 3 – paragraph 1 – point 7 a (new) Amendment 355 #
Proposal for a regulation Article 3 – paragraph 1 – point 7 b (new) (7 b) 'economic operator' means the manufacturer, the authorised representative, the importer, the distributor, the service provider, the online platform as defined in the Regulation (EU) n°2022/2065 on a Single Market For Digital Services, or any natural or legal person who is subject to obligation in relation to the manufacture of products or the provision of services, making them available on the internal market;
Amendment 356 #
Proposal for a regulation Article 3 – paragraph 1 – point 7 b (new) (7 b) ‘resilience assessment ’ means a methodology assessing the supply chains ability to prevent, protect against, respond to, resist, mitigate, absorb, accommodate and recover from an incident.
Amendment 357 #
Proposal for a regulation Article 3a (new) Amendment 359 #
Proposal for a regulation Article 4 – paragraph 1 1. A
Amendment 360 #
Proposal for a regulation Article 4 – paragraph 1 1.
Amendment 361 #
Proposal for a regulation Article 4 – paragraph 2 2. The
Amendment 362 #
Proposal for a regulation Article 4 – paragraph 2 2. The advisory group shall be composed of one representative from each Member State. Each Member State shall nominate a representative and an alternate representative. When appropriate, the Commission shall invite relevant representatives of the economic operators directly involved and/ot impacted by contingency planning, vigilance mode and emergency mode.
Amendment 363 #
Proposal for a regulation Article 4 – paragraph 2 2. The advisory group shall be composed of one representative from each Member State and of at least one member representing cross-industry social partner organisations at Union level, with an equal representation of trade union and employer organisations. Each Member State shall nominate a representative and an alternate representative.
Amendment 364 #
Proposal for a regulation Article 4 – paragraph 2 2. The advisory group shall be composed of one representative from each Member State
Amendment 365 #
Proposal for a regulation Article 4 – paragraph 2 2. The advisory group shall be
Amendment 366 #
Proposal for a regulation Article 4 – paragraph 2 2. The
Amendment 367 #
Proposal for a regulation Article 4 – paragraph 3 3. The Commission shall chair the advisory group and ensure its secretariat. The Commission
Amendment 368 #
Proposal for a regulation Article 4 – paragraph 3 3. The Commission representative shall chair the
Amendment 369 #
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, experts with specific knowledge, 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
Amendment 370 #
Proposal for a regulation Article 4 – paragraph 3 3. The Commission shall chair the
Amendment 371 #
Proposal for a regulation Article 4 – paragraph 3 3. The Commission shall chair the advisory group and ensure its secretariat. The Commission
Amendment 372 #
Proposal for a regulation Article 4 – paragraph 3 3. The Commission shall chair the advisory group and ensure its secretariat. The Commission
Amendment 373 #
Proposal for a regulation Article 4 – paragraph 3 3. The Commission shall chair the advisory group and ensure its secretariat. The Commission
Amendment 374 #
Proposal for a regulation Article 4 – paragraph 3 3. The Commission shall chair the advisory group and ensure its secretariat. The Commission
Amendment 375 #
Proposal for a regulation Article 4 – paragraph 3 a (new) Amendment 376 #
Proposal for a regulation Article 4 – paragraph 3 b (new) 3 b. 4.3b. The Board may adopt opinions, recommendations or reports in the context of its tasks. The Commission shall in a transparent manner take the utmost account of opinions or reports by the Board. Its recommendations should be mandatory.
Amendment 377 #
Proposal for a regulation Article 4 – paragraph 4 – introductory part 4. For the purpose of contingency planning and strengthening the Single Market’s resilience under Articles 6 to 8, the advisory group shall assist and advise the Commission as regards the following tasks:
Amendment 378 #
Proposal for a regulation Article 4 – paragraph 4 – introductory part 4. For the purpose of contingency planning under Articles 6 to 8, the advisory group shall
Amendment 379 #
Proposal for a regulation Article 4 – paragraph 4 – introductory part 4. For the purpose of contingency planning under Articles 6 to 8, the advisory group shall
Amendment 380 #
Proposal for a regulation Article 4 – paragraph 4 – introductory part 4. For the purpose of contingency planning under Articles 6 to 8, the
Amendment 381 #
Proposal for a regulation Article 4 – paragraph 4 – point a (a) propos
Amendment 382 #
Proposal for a regulation Article 4 – paragraph 4 – point b (b) assess
Amendment 383 #
Proposal for a regulation Article 4 – paragraph 4 – point b (b) assess
Amendment 384 #
Proposal for a regulation Article 4 – paragraph 4 – point b (b) assessingment of significant incidents that the
Amendment 385 #
Proposal for a regulation Article 4 – paragraph 4 – point b (b) assess
Amendment 386 #
Proposal for a regulation Article 4 – paragraph 4 – point b (b) assessing
Amendment 387 #
Proposal for a regulation Article 4 – paragraph 4 – point b a (new) (b a) assessing measures taken by the European Commission to strengthen the Single Market’s resilience such as mapping of relevant supply chains with relevant economic operators and technology as well as stress tests, including climate stress tests, conducted by the European Commission.
Amendment 388 #
Proposal for a regulation Article 4 – paragraph 4 – point b a (new) (b a) developing training and simulation programmes for the purpose of Article 7;
Amendment 389 #
Proposal for a regulation Article 4 – paragraph 4 – point b b (new) (b b) identifying strategic supply chains as part of the resilience assessments referred to in Article 7a.
Amendment 390 #
Proposal for a regulation Article 4 – paragraph 5 Amendment 391 #
Proposal for a regulation Article 4 – paragraph 5 Amendment 392 #
Proposal for a regulation Article 4 – paragraph 5 – introductory part 5. For the purpose of of the Single Market vigilance mode as referred to in Article 9, the advisory group shall
Amendment 393 #
Proposal for a regulation Article 4 – paragraph 5 – introductory part 5. For the purpose of
Amendment 394 #
Proposal for a regulation Article 4 – paragraph 5 – point a a (new) (a a) establishing whether the criteria for activation or deactivation of the vigilance mode have been fulfilled;
Amendment 395 #
Proposal for a regulation Article 4 – paragraph 5 – point b Amendment 396 #
Proposal for a regulation Article 4 – paragraph 5 – point c (c) consulting the representatives of economic operators, including SMEs, and industry to collect market intelligence, as well as social partner organisations to understand and anticipate implications on the labour market or free movement rights;
Amendment 397 #
Proposal for a regulation Article 4 – paragraph 5 – point c (c) consulting the representatives of economic operators, including SMEs, as well as social partners and industry to collect market intelligence;
Amendment 398 #
Proposal for a regulation Article 4 – paragraph 5 – point c a (new) (c a) consulting social partners to understand the social impacts of the potential crisis and to anticipate possible consequences for the labour market and free movement;
Amendment 399 #
Proposal for a regulation Article 4 – paragraph 5 – point f (f) maintaining a repository of national and Union crisis measures that have been used in previous crises that have had an impact on the Single Market
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.
Amendment 401 #
Proposal for a regulation Article 4 – paragraph 5 – point f a (new) (f a) consult the representatives of economic operators, including SMEs, to collect specific market information;
Amendment 402 #
Proposal for a regulation Article 4 – paragraph 6 – introductory part 6. For the purposes of the Single Market emergency mode as referred to in Article 14, the advisory group shall
Amendment 403 #
Proposal for a regulation Article 4 – paragraph 6 – introductory part 6. For the purposes of the Single Market emergency mode as referred to in Article 14, the
Amendment 404 #
Proposal for a regulation Article 4 – paragraph 6 – introductory part 6. For the purposes of the Single Market emergency mode as referred to in Article 14, the
Amendment 405 #
Proposal for a regulation Article 4 – paragraph 6 – point -a (new) (-a) consulting the representatives of economic operators, including SMEs, and industry to collect market intelligence;
Amendment 406 #
Proposal for a regulation Article 4 – paragraph 6 – point a (a) analysing crisis-relevant information gathered by Member States
Amendment 407 #
Proposal for a regulation Article 4 – paragraph 6 – point a (a) analys
Amendment 408 #
Proposal for a regulation Article 4 – paragraph 6 – point b (b) establishing whether the criteria for activation or deactivation of the emergency mode have been fulfilled pursuant to the presence of a Single Market emergency referred to in Article 3(3);
Amendment 409 #
Proposal for a regulation Article 4 – paragraph 6 – point b (b)
Amendment 410 #
Proposal for a regulation Article 4 – paragraph 6 – point b (b) establishing whether the criteria for activation or deactivation of the emergency mode have been fulfilled and evidences substantiaing such decision are sufficient and reliable;
Amendment 411 #
Proposal for a regulation Article 4 – paragraph 6 – point b (b) establishing, based on sufficient and reliable evidence, whether the criteria for activation or deactivation of the emergency mode have been fulfilled;
Amendment 412 #
Proposal for a regulation Article 4 – paragraph 6 – point c (c) advis
Amendment 413 #
Proposal for a regulation Article 4 – paragraph 6 – point d (d) perform
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,
Amendment 415 #
Proposal for a regulation Article 4 – paragraph 6 – point e (e) facilitat
Amendment 416 #
Proposal for a regulation Article 4 – paragraph 7 7. The Commission shall ensure the participation of all bodies at Union level that are relevant to the respective crisis. The advisory group shall cooperate and coordinate closely, where appropriate, with other relevant crisis-related bodies at Union level. The Commission shall ensure coordination with the measures implemented through other Union mechanisms, such as the Union Civil Protection Mechanism (UCPM) or the EU Health Security Framework. The advisory group shall ensure information exchange with the Emergency Response Coordination Centre under the UCPM. The Commission shall annually report to the European Parliament on the work of the advisory board.
Amendment 417 #
Proposal for a regulation Article 4 – paragraph 7 7. The Commission shall ensure the participation of all bodies at Union level that are relevant to the respective crisis. The advisory group shall cooperate and coordinate closely, where appropriate, with other relevant crisis-related bodies at Union level. The Commission shall ensure coordination with the measures implemented through other Union mechanisms, such as the Union Civil Protection Mechanism (UCPM) or the EU Health Security Framework, [the Chips Act], [the EU Critical Raw Materials]. The advisory group shall ensure information exchange with the Emergency Response Coordination Centre under the UCPM.
Amendment 418 #
Proposal for a regulation Article 4 – paragraph 7 7. The
Amendment 419 #
Proposal for a regulation Article 4 – paragraph 8 8. The advisory group shall meet at least three times a year. At its first meeting, on a proposal by and in agreement with the Commission, the advisory group shall adopt its rules of procedure. The SMEI forum members representing umbrella organisations of economic operators at Union level shall have no right to vote.
Amendment 420 #
Proposal for a regulation Article 4 – paragraph 8 8. The advisory group shall meet at least three times a year. At its first meeting, on a proposal by and in agreement with the Commission, the advisory group shall adopt its rules of procedure.
Amendment 421 #
Proposal for a regulation Article 4 – paragraph 8 8. The advisory group shall meet at least three times a year and on a regular basis in emergency mode in accordance with article 14. At its first meeting, on a proposal by and in agreement with the Commission, the advisory group shall adopt its rules of procedure.
Amendment 422 #
Proposal for a regulation Article 4 – paragraph 8 8. The
Amendment 423 #
Proposal for a regulation Article 4 – paragraph 8 a (new) 8 a. Where appropriate to examine specific issues, the Commission may establish temporary sub-groups of the Advisory Group.
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.
Amendment 425 #
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, which shall be made public without delay.
Amendment 426 #
Proposal for a regulation Article 4 – paragraph 9 9. The
Amendment 427 #
Proposal for a regulation Article 4 – paragraph 9 9. The advisory group may adopt opinions, recommendations, decisions or reports in the context of its tasks set out in paragraphs 4 to 6.
Amendment 428 #
Proposal for a regulation Article 4 – paragraph 9 9. The advisory group may adopt
Amendment 429 #
Proposal for a regulation Article 4 – paragraph 9 a (new) 9 a. No later than 6 months following the deactivation of emergency mode, the Commission shall present to the Advisory Group a report detailing the result of the different measures adopted to address the Single Market Emergency with a view to draw lessons for possible future crises. Such reports shall be used for the purpose of the review provided for in Article 44.
Amendment 430 #
Proposal for a regulation Article 5 – paragraph 1 1. Member States shall designate central liaison offices responsible for contacts, coordination and information exchange with the central liaison offices of other Member States and Union level central liaison office under this Regulation.
Amendment 431 #
Proposal for a regulation Article 5 – paragraph 1 1. Member States shall designate, together with local and regional authorities, central liaison offices responsible for contacts, coordination and information exchange with the central liaison offices of other Member States and Union level central liaison office under this Regulation. Such liaison offices shall coordinate and compile the inputs from relevant national, regional and local competent authorities.
Amendment 432 #
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
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.
Amendment 434 #
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
Amendment 435 #
Proposal for a regulation Article 6 – paragraph 1 Amendment 436 #
Proposal for a regulation Article 6 – paragraph 1 – introductory part 1. 1. The Commission taking into consideration the opinion
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:
Amendment 438 #
Proposal for a regulation Article 6 – paragraph 1 – introductory part 1. The Commission taking
Amendment 439 #
Proposal for a regulation Article 6 – paragraph 1 – introductory part 1. The Commission
Amendment 440 #
Proposal for a regulation Article 6 – paragraph 1 – point a (a) cooperation between national and Union level competent authorities for the management of the Single Market
Amendment 441 #
Proposal for a regulation Article 6 – paragraph 1 – point a (a) cooperation between national and Union level competent authorities for the exchange of Single Market resilience measures, the management of the Single Market vigilance and emergency modes in vigilance and emergency modes across the sectors of the Single Market;
Amendment 442 #
Proposal for a regulation Article 6 – paragraph 1 – point a (a) cooperation between national and Union level competent authorities at local, regional, national and Union level for the management of the Single Market vigilance and emergency modes in vigilance and emergency modes across the sectors of the Single Market;
Amendment 443 #
Proposal for a regulation Article 6 – paragraph 1 – point c (c) a coordinated approach to risk and crisis communication also vis-à-vis the public and stakeholders with a coordinating role for the Commission;
Amendment 444 #
Proposal for a regulation Article 6 – paragraph 1 – point c (c) a coordinated approach to risk and crisis communication
Amendment 445 #
Proposal for a regulation Article 6 – paragraph 1 – point d Amendment 446 #
Proposal for a regulation Article 6 – paragraph 2 – point a (a) an inventory of
Amendment 447 #
Proposal for a regulation Article 6 – paragraph 2 – point a (a) an inventory of relevant national competent authorities, the central liaison offices designated in accordance with Article 5 and single points of contact referred to in Article 21, their contact
Amendment 448 #
Proposal for a regulation Article 6 – paragraph 2 – point b (b) consultation of social partners and the representatives of economic operators
Amendment 449 #
Proposal for a regulation Article 6 – paragraph 2 – point b (b) consultation of the representatives of
Amendment 450 #
Proposal for a regulation Article 6 – paragraph 2 – point b (b) consultation of the representatives of economic operators and social partners, including SMEs, on their initiatives and actions to mitigate and respond to
Amendment 451 #
Proposal for a regulation Article 6 – paragraph 2 – point b (b) consultation of the representatives of economic operators and social partners, including SMEs, on their initiatives and actions to mitigate and respond to
Amendment 452 #
Proposal for a regulation Article 6 – paragraph 2 – point b (b) consultation of the representatives of economic operators and social partners, including SMEs, on their
Amendment 453 #
Proposal for a regulation Article 6 – paragraph 2 – point b a (new) (b a) consultation of trade unions on the implications on labour markets as well as the safety, health and rights of persons in the areas of critical importance;
Amendment 454 #
Proposal for a regulation Article 6 – paragraph 2 – point c (c) technical level cooperation in the
Amendment 455 #
Proposal for a regulation Article 6 – paragraph 2 – point d (d) risk and emergency communication, with a coordinating role for the Commission,
Amendment 456 #
Proposal for a regulation Article 6 – paragraph 2 – point d (d) risk and emergency communication, with a coordinating role for the Commission,
Amendment 457 #
Proposal for a regulation Article 6 – paragraph 3 Amendment 458 #
Proposal for a regulation Article 6 – paragraph 3 3. In order to ensure the operation of the framework referred to in paragraph 1, the Commission
Amendment 459 #
Proposal for a regulation Article 6 – paragraph 3 3. In order to ensure the operation of the framework referred to in paragraph 1, the Commission may regularly conduct stress tests, simulations and in-action and after-action reviews with Member States, and propose the relevant Union-level bodies and the Member States to update the framework as necessary.
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.
Amendment 461 #
Proposal for a regulation Article 7 – paragraph 1 The Commission shall regularly organise the training on crisis coordination, cooperation and information exchange referred to in Article 6 for the staff of the designated central liaison offices and the economic actors. It shall organise simulations involving the staff of the central liaison offices of
Amendment 462 #
Proposal for a regulation Article 7 – paragraph 1 The Commission shall organise the training on crisis preparation, coordination, cooperation, communication 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.
Amendment 463 #
Proposal for a regulation Article 7 a (new) Amendment 464 #
Proposal for a regulation Article 8 – paragraph 1 1. The central liaison office of a Member State shall notify the Commission and the central liaison offices of other Member States without undue delay of any incidents that significantly disrupt or
Amendment 465 #
Proposal for a regulation Article 8 – paragraph 1 1. The central liaison office of a Member State shall notify the Commission and the central liaison offices of other Member States without undue delay of any incidents that
Amendment 466 #
Proposal for a regulation Article 8 – paragraph 1 1. The central liaison office of a Member State shall immediately notify the Commission and the central liaison offices of other Member States
Amendment 467 #
Proposal for a regulation Article 8 – paragraph 1 1. The central liaison office of a Member State shall notify the Commission and the central liaison offices of other Member States without undue delay of any
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.
Amendment 469 #
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
Amendment 470 #
Proposal for a regulation Article 8 – paragraph 3 – introductory part 3. In order to determine whether the
Amendment 471 #
Proposal for a regulation Article 8 – paragraph 3 – introductory part 3. In order to determine whether the disruption or the likelihood of potential disruption of the functioning of the Single Market and its supply chains of goods and services is significant and should be the object of an alert, the central liaison office of a Member State shall take the following into account:
Amendment 472 #
Proposal for a regulation Article 8 – paragraph 3 – introductory part 3. In order to determine whether the disruption or potential disruption of the functioning of the Single Market
Amendment 473 #
Proposal for a regulation Article 8 – paragraph 3 – point a (a) the number of economic operators affected by the disruption or potential disruption, including possible disruptions of the labour market;
Amendment 474 #
Proposal for a regulation Article 8 – paragraph 3 – point a (a) the number of economic operators and workers in the European Union affected by the disruption or potential disruption;
Amendment 475 #
Proposal for a regulation Article 8 – paragraph 3 – point a (a) the number of economic operators at EU-level affected by the disruption or potential disruption;
Amendment 476 #
Proposal for a regulation Article 8 – paragraph 3 – point a (a) the number of workers and economic operators affected by the disruption or potential disruption;
Amendment 477 #
Proposal for a regulation Article 8 – paragraph 3 – point a a (new) (a a) the likelihood that the incident escalates into a Single Market emergency within the next six months;
Amendment 478 #
Proposal for a regulation Article 8 – paragraph 3 – point c (c) the geographical
Amendment 479 #
Proposal for a regulation Article 8 – paragraph 3 – point c (c) the geographical area
Amendment 480 #
Proposal for a regulation Article 8 – paragraph 3 – point c (c) the geographical area; the proportion of the Single Market affected by the disruption or potential disruption; the impact on specific geographical areas particularly vulnerable or exposed to
Amendment 481 #
Proposal for a regulation Article 8 – paragraph 3 – point c (c) the geographical area; the proportion of the Single Market affected by the disruption or potential disruption and its cross-border effects; the impact on specific geographical areas particularly vulnerable or exposed to supply chain disruptions including the EU outermost regions;
Amendment 482 #
Proposal for a regulation Article 8 – paragraph 3 – point d a (new) (d a) the impact on the well-functioning of the affected markets.
Amendment 483 #
Proposal for a regulation Article 8 – paragraph 3 a (new) 3 a. The Commission shall notify the advisory group of a notification pursuant to paragraph 1. The advisory group shall adopt an opinion pursuant to Article 4(9) as to whether there is a threat of a significant disruption referred to in Article 3(2) or a potential threat of a significant disruption.
Amendment 484 #
Proposal for a regulation Article 8 – paragraph 3 a (new) 3 a. the advisory group shall, shortly after a notification purusant to paragraph 1 and in adherence of the parameters in paragraph 3a-d, convene and establishing whether the threat referred to in Article 3(2) is present, and the scope of such threat through an opinion.
Amendment 487 #
Proposal for a regulation Article 8 a (new) Article 8a Criteria for activation When assessing whether the threat referred to in Article 3(2) is present, the Commission shall, based on concrete and reliable evidence, take into account at least the following indicators: (1) The anticipated time before the threat escalates into a Single Market Emergency; (2) The number of economic operators or market shares expected to be affected considering the nature of threat; (3) The proportion of the Single Market expected to be affected considering the nature of the threat; (4) The amount of goods and services of critical importance expected to be affected considering the nature of the threat;
Amendment 488 #
Proposal for a regulation Article 9 Amendment 489 #
Proposal for a regulation Article 9 – paragraph 1 – introductory part 1. Where the Commission,
Amendment 490 #
Proposal for a regulation Article 9 – paragraph 1 – introductory part 1. Where the Commission, taking into consideration the criteria referred to in Article 8(3) as well as the opinion provided by the advisory group, considers that the threat referred to in Article 3(2) is present, it shall submit a proposal to the European Parliament and the Council to activate the vigilance mode for a maximum duration of six months by
Amendment 491 #
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
Amendment 492 #
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 vigilance mode for a maximum duration of six months by means of an implementing act and report such activation to the European Parliament without delay. Such an implementing act shall contain the following:
Amendment 493 #
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 vigilance mode for a maximum duration of six months by means of a
Amendment 494 #
Proposal for a regulation Article 9 – paragraph 1 – introductory part 1. Where the Commission,
Amendment 495 #
Proposal for a regulation Article 9 – paragraph 1 – introductory part 1. Where the Commission, taking into consideration the opinion provided by the
Amendment 496 #
Proposal for a regulation Article 9 – paragraph 1 – point a Amendment 497 #
Proposal for a regulation 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 498 #
Proposal for a regulation Article 9 – paragraph 1 – point a (a) an assessment of the potential impact of the crisis, including the specific situation of border regions;
Amendment 499 #
Proposal for a regulation Article 9 – paragraph 1 – point a (a) (a) an assessment of the potential impact of the crisis on the Single Market and its value chains;
Amendment 500 #
Proposal for a regulation Article 9 – paragraph 1 – point a (a) an assessment of the potential impact of the expected crisis;
Amendment 501 #
Proposal for a regulation Article 9 – paragraph 1 – point b Amendment 502 #
Proposal for a regulation Article 9 – paragraph 1 – point b (b) (b) a list of the goods and services of
Amendment 503 #
Proposal for a regulation Article 9 – paragraph 1 – point b (b) list of the goods and services of
Amendment 504 #
Proposal for a regulation Article 9 – paragraph 1 – point c Amendment 505 #
Proposal for a regulation Article 9 – paragraph 1 a (new) 1 a. As soon as the Single Market vigilance mode is activated, the Commission shall, without undue delay and following consultation of the advisory group, adopt an implementing act containing the following: (a) an assessment of the potential impact of the potential crisis; (b) list of the goods and services of critical importance whose functioning and/or supply is at risk of being significantly disrupted, and c) the vigilance measures to be taken including assessments justifying the need for taking those measures. The adoption of measures to be taken shall be without prejudice to measure specific activation procedures where such are in place.
Amendment 506 #
Proposal for a regulation Article 9 – paragraph 1 a (new) 1 a. 1a. When assessing whether the conditions laid down in Article 3(2) are fulfilled, the Commission shall, based on concrete and reliable evidence, consider at least the following criteria: (a) the anticipated time before the threat escalates into a Single Market Emergency; (b) the number or market position of the economic operators expected to be affected considering the nature of the threat; and (c) the extent of goods and services of critical importance expected to be impacted considering the nature of the threat.
Amendment 507 #
Proposal for a regulation Article 9 – paragraph 2 Amendment 508 #
Proposal for a regulation Article 9 – paragraph 2 2. The
Amendment 509 #
Proposal for a regulation Article 10 Amendment 510 #
Proposal for a regulation Article 10 Amendment 511 #
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 into consideration the opinion provided by the advisory group, may
Amendment 512 #
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 into consideration the opinion provided by the advisory group, may extend the vigilance mode for a maximum duration of six months by means of a
Amendment 513 #
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,
Amendment 514 #
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
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,
Amendment 516 #
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 into consideration the opinion provided by the
Amendment 517 #
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
Amendment 518 #
Proposal for a regulation Article 10 – paragraph 2 2. Where the advisory group has concrete and reliable evidence that the vigilance mode should be deactivated, it may adopt an opinion pursuant to Article 4(9) to that effect and communicate it to the Commission. Where the Commission, taking into consideration the opinion provided by the advisory group, finds that the threat referred to in Article 3(2) is no longer present, with respect to some or all vigilance measures or for some or all of the goods and services, it shall deactivate the vigilance mode in full or in part by means of an implementing act.
Amendment 519 #
Proposal for a regulation Article 10 – paragraph 2 2. Where the Commission, taking into consideration the opinion provided by the advisory group, finds that the threat referred to in Article 3(2) is no longer present, with respect to some or all vigilance measures or for some or all of the goods and services, it shall deactivate the vigilance mode in full or in part by means of an implementing act. Such deactivation shall be reported to the European Parliament without delay.
Amendment 520 #
Proposal for a regulation Article 10 – paragraph 2 2. Where the Commission, taking into consideration the opinion provided by the
Amendment 521 #
Proposal for a regulation Article 10 – paragraph 2 2. Where the Commission,
Amendment 522 #
Proposal for a regulation Article 10 – paragraph 2 2. Where the Commission,
Amendment 523 #
Proposal for a regulation Article 10 – paragraph 3 Amendment 524 #
Proposal for a regulation Article 10 – paragraph 3 3.
Amendment 527 #
Proposal for a regulation Article 11 – paragraph 1 Amendment 528 #
Proposal for a regulation Article 11 – paragraph 1 1. When the vigilance mode has been activated in accordance with Article 9, national competent authorities shall
Amendment 529 #
Proposal for a regulation Article 11 – paragraph 1 1. When the vigilance mode has been activated in accordance with Article 9, national competent authorities shall monitor the supply chains of goods and services of strategic importance that have been identified in the implementing act activating the vigilance mode. In order to strengthen the vigilance mode, Member States shall in consultation with national social partners also assess the impacts of the potential crisis on workers and economic operators in the strategic areas identified.
Amendment 530 #
Proposal for a regulation Article 11 – paragraph 1 1. When the vigilance mode has been activated in accordance with Article 9, national competent authorities shall monitor the supply chains of goods and services of
Amendment 531 #
Proposal for a regulation Article 11 – paragraph 1 1. When the vigilance mode has been activated in accordance with Article 9, national competent authorities shall monitor the supply chains of goods and services of strategic importance that have been identified in the
Amendment 532 #
Proposal for a regulation Article 11 – paragraph 2 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.
Amendment 534 #
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,
Amendment 535 #
Proposal for a regulation Article 11 – paragraph 2 2. The Commission shall provide for standardised, easy to use and secure means for the collection and processing of information for the purpose of paragraph 1, using
Amendment 536 #
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. Without prejudice to national legislation requiring collected information including business secrets to be kept confidential, confidentiality with regard to the commercially sensitive information and information affecting the security and public order of the Union or its Member States shall be ensured.
Amendment 537 #
Proposal for a regulation Article 11 – paragraph 3 3. Member States shall, where possible, set up and
Amendment 538 #
Proposal for a regulation Article 11 – paragraph 3 3. Member States shall set up
Amendment 539 #
Proposal for a regulation Article 11 – paragraph 3 3. Member States shall set up and maintain an inventory of the most relevant economic operators established on their respective national territory that operate along the supply chains of goods and services of
Amendment 540 #
Proposal for a regulation Article 11 – paragraph 3 3. Member States shall set up and maintain an inventory of the most relevant economic operators established on their respective national territory that operate along the supply chains of goods and services of strategic importance that have been identified in the
Amendment 541 #
Proposal for a regulation Article 11 – paragraph 3 3. Member States shall set up and maintain an inventory of the most relevant economic operators established on their respective national territory that operate along the supply chains of goods and services of strategic importance that have been identified in the
Amendment 542 #
Proposal for a regulation Article 11 – paragraph 4 4. On the basis of the inventory set up pursuant to Article 6, national competent authorities shall address requests for voluntary provision of information to the most relevant operators along the supply chains of goods and services identified in the
Amendment 543 #
Proposal for a regulation Article 11 – paragraph 4 4. On the basis of the inventory set up pursuant to paragraph 3 of this Article 6,
Amendment 544 #
Proposal for a regulation Article 11 – paragraph 4 4. On the basis of the inventory set up pursuant to Article 6, national competent authorities
Amendment 545 #
Proposal for a regulation Article 11 – paragraph 5 5. National competent authorities shall have due regard to the administrative burden on economic operators and in particular SMEs, which may be associated with
Amendment 546 #
Proposal for a regulation Article 11 – paragraph 5 5. National competent authorities shall have due regard to the administrative burden on economic operators and in particular SMEs, which may be associated
Amendment 547 #
Proposal for a regulation Article 11 – paragraph 5 5.
Amendment 548 #
Proposal for a regulation Article 11 – paragraph 6 6. The Commission may ask the
Amendment 549 #
Proposal for a regulation Article 11 – paragraph 6 6. The Commission
Amendment 550 #
Proposal for a regulation Article 11 – paragraph 6 6. The Commission
Amendment 551 #
Proposal for a regulation Article 11 – paragraph 6 6. The Commission
Amendment 552 #
Proposal for a regulation Article 11 – paragraph 6 6. The Commission may ask the advisory group to discuss the findings and
Amendment 553 #
Proposal for a regulation Article 11 – paragraph 7 Amendment 554 #
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
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
Amendment 556 #
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
Amendment 560 #
Proposal for a regulation Article 12 – paragraph 1 – subparagraph 1 The Commission may, among the goods of strategic importance listed in an
Amendment 561 #
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),
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.
Amendment 563 #
Proposal for a regulation Article 12 – paragraph 1 – subparagraph 1 The Commission may, among the goods of strategic importance listed in a
Amendment 564 #
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
Amendment 565 #
Proposal for a regulation Article 12 – paragraph 2 – subparagraph 1 – introductory part The Commission
Amendment 566 #
Proposal for a regulation Article 12 – paragraph 2 – subparagraph 1 – introductory part The Commission may require
Amendment 567 #
Proposal for a regulation Article 12 – paragraph 2 – subparagraph 1 – point b Amendment 568 #
Proposal for a regulation Article 12 – paragraph 2 – subparagraph 2 The
Amendment 569 #
Proposal for a regulation Article 12 – paragraph 2 – subparagraph 3 Amendment 570 #
Proposal for a regulation Article 12 – paragraph 2 – subparagraph 3 Member States shall report to the Commission the approximate levels of strategic reserves of goods of
Amendment 571 #
Proposal for a regulation 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 572 #
Proposal for a regulation Article 12 – paragraph 3 3. Taking due account of stocks held or being built up by economic operators on their territory, Member States shall
Amendment 573 #
Proposal for a regulation Article 12 – paragraph 4 Amendment 574 #
Proposal for a regulation 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
Amendment 575 #
Proposal for a regulation Article 12 – paragraph 5 Amendment 576 #
Proposal for a regulation Article 12 – paragraph 6 – subparagraph 1 Amendment 577 #
Proposal for a regulation Article 12 – paragraph 6 – subparagraph 2 – introductory part Following such an assessment, where the Commission establishes, supported by objective data, which is factual, measurable, substantiated and not informed by bias that
Amendment 578 #
Proposal for a regulation Article 12 – paragraph 8 Amendment 579 #
Proposal for a regulation Article 13 – paragraph 1 – introductory part 1. When assessing the severity of a disruption for the purposes of ascertaining whether the impact of a crisis on the free movement of goods, services and persons on the Single Market qualifies as a Single Market emergency, the Commission shall, based on concrete and reliable evidence, taking into account at least the following indicators:
Amendment 580 #
Proposal for a regulation Article 13 – paragraph 1 – introductory part 1. When assessing the severity of a disruption for the purposes of ascertaining whether the impact of a crisis on the
Amendment 581 #
Proposal for a regulation Article 13 – paragraph 1 – introductory part 1. When assessing the severity of a disruption for the purposes of ascertaining whether the impact of a crisis on the Single Market qualifies as a Single Market emergency, the Commission and SMEI Forum shall, based on concrete and reliable evidence, taking into account at least the following indicators:
Amendment 582 #
Proposal for a regulation Article 13 – paragraph 1 – introductory part 1. When assessing the severity of a disruption for the purposes of ascertaining whether the impact of a crisis on the Single Market qualifies as a Single Market emergency, the Commission shall, based on concrete and reliable evidence, taking into account at least one of the following indicators:
Amendment 583 #
Proposal for a regulation Article 13 – paragraph 1 – introductory part 1. When assessing the severity of a disruption for the purposes of ascertaining whether the impact of a crisis on the Single Market qualifies as a Single Market emergency, the Commission shall, based on concrete and reliable evidence, tak
Amendment 584 #
Proposal for a regulation Article 13 – paragraph 1 – point a (a) the crisis has caused activation of any relevant Council crisis response mechanism, Union Civil Protection Mechanism or the mechanisms set up within the EU Health Security Framework, including [the proposal for] Regulation (EU) …/… on serious cross-border health threats and [the proposal for] Council Regulation (EU) …/… on a framework of measures for ensuring the supply of crisis- relevant medical countermeasures in case the free movement of goods, persons or services is affected;
Amendment 585 #
Proposal for a regulation Article 13 – paragraph 1 – point a (a) the crisis has caused activation of any relevant Council crisis response mechanism, including the Integrated Political Crisis Response, Union Civil Protection Mechanism or the mechanisms set up within the EU Health Security Framework, including
Amendment 586 #
Proposal for a regulation Article 13 – paragraph 1 – point a a (new) (a a) when the freedom of movement of persons, goods and/or on services was already or is likely to be severely impacted because of the crisis;
Amendment 587 #
Proposal for a regulation Article 13 – paragraph 1 – point a a (new) (a a) the crisis has already had or is likely to have a severe impact on the freedom of movement of persons, goods and/or services;
Amendment 588 #
Proposal for a regulation Article 13 – paragraph 1 – point b (b) an estimation of the number or market share and market demand of economic operations or users relying on the disrupted sector or sectors of the Single Market for the free movement of or provision of the goods or services concerned;
Amendment 589 #
Proposal for a regulation Article 13 – paragraph 1 – point b (b) an estimation of the number or market shares of economic operations or the number of workers or users relying on the disrupted sector or sectors of the Single Market for the provision of the goods or services concerned;
Amendment 590 #
Proposal for a regulation Article 13 – paragraph 1 – point b (b) an assessment of the demand data and 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 591 #
Proposal for a regulation Article 13 – paragraph 1 – point b (b) an estimation of the number of economic operations
Amendment 592 #
Proposal for a regulation Article 13 – paragraph 1 – point c (c) the critical importance of the goods or services concerned for other sectors and the likelihood of a disruption to those goods or services causing a crisis of a cross-border nature within those sectors;
Amendment 593 #
Proposal for a regulation Article 13 – paragraph 1 – point c (c) the critical importance of the goods or services concerned for
Amendment 594 #
Proposal for a regulation Article 13 – paragraph 1 – point c (c)
Amendment 595 #
Proposal for a regulation Article 13 – paragraph 1 – point c a (new) (c a) estimated shortage of goods and services in the Single Market
Amendment 596 #
Proposal for a regulation Article 13 – paragraph 1 – point d (d) the impacts in terms of degree and duration on economic and societal activities, the
Amendment 597 #
Proposal for a regulation Article 13 – paragraph 1 – point d (d) the impacts in terms of degree and duration on economic and societal activities, fundamental rights, the environment and public safety;
Amendment 598 #
Proposal for a regulation Article 13 – paragraph 1 – point d (d) the actual or potential impacts in terms of degree and duration on economic and societal activities, the environment and public safety;
Amendment 599 #
Proposal for a regulation Article 13 – paragraph 1 – point d (d) the impacts in terms of degree and duration on economic and vital societal activities, the environment and public safety;
Amendment 600 #
Proposal for a regulation Article 13 – paragraph 1 – point e (e) the economic operators affected by the disruption have not been able to provide a solution in a reasonable time to the particular aspects of the crisis on a voluntary basis.
Amendment 601 #
Proposal for a regulation Article 13 – paragraph 1 – point e (e) the possible measuers economic operators
Amendment 602 #
Proposal for a regulation Article 13 – paragraph 1 – point f Amendment 603 #
Proposal for a regulation Article 13 – paragraph 1 – point f Amendment 604 #
Proposal for a regulation Article 13 – paragraph 1 – point g (g) the geographic
Amendment 605 #
Proposal for a regulation Article 13 – paragraph 1 – point g (g) the geographic area that is and could be affected, including any cross- border impacts on the provision of goods and services as well as on the functioning of systemic supply chains that are indispensable in the maintenance of vital societal or economic activities in the Single Market;
Amendment 606 #
Proposal for a regulation Article 13 – paragraph 1 – point g (g) the geographic area 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 as well as any impact on outermost regions;
Amendment 607 #
Proposal for a regulation Article 13 – paragraph 1 – point g (g) the geographic area that is and could be affected, including any cross- border impacts on the f
Amendment 608 #
Proposal for a regulation Article 13 – paragraph 1 – point h (h) the importance of economic operators in the affected sec
Amendment 609 #
Proposal for a regulation Article 13 – paragraph 1 – point h (h) the critical importance of the affected economic operator in maintaining a
Amendment 610 #
Proposal for a regulation Article 13 – paragraph 1 – point i (i) the absence of
Amendment 611 #
Proposal for a regulation Article 13 – paragraph 1 – point i (i) the absence of substitute goods, inputs or services directly linked to the crisis.
Amendment 612 #
Proposal for a regulation Article 13 – paragraph 1 – point i (i) the absence o
Amendment 613 #
Proposal for a regulation Article 13 – paragraph 1 – point i a (new) (i a) the actual or potential effect and impacts on the free movement of goods, services or persons;
Amendment 614 #
Proposal for a regulation Article 13 – paragraph 1 – point i b (new) (i b) the existing or expected impacts on the labour market.
Amendment 615 #
Proposal for a regulation Article 14 – paragraph 1 Amendment 616 #
Proposal for a regulation Article 14 – paragraph 1 Amendment 617 #
Proposal for a regulation Article 14 – paragraph 1 Amendment 618 #
Proposal for a regulation Article 14 – paragraph 2 2. Where the Commission,
Amendment 619 #
Proposal for a regulation Article 14 – paragraph 2 2. Where the Commission, taking into 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. The Commission shall inform the European Parliament of such proposal without delay.
Amendment 620 #
Proposal for a regulation Article 14 – paragraph 2 2. Where the Commission, taking into consideration the opinion provided by the advisory group, considers there is a Single
Amendment 621 #
Proposal for a regulation Article 14 – paragraph 2 2. Where the Commission, t
Amendment 622 #
Proposal for a regulation Article 14 – paragraph 2 2. Where the Commission, taking in
Amendment 623 #
Proposal for a regulation Article 14 – paragraph 2 2. Where the Commission,
Amendment 624 #
Proposal for a regulation Article 14 – paragraph 3 3.
Amendment 625 #
Proposal for a regulation Article 14 – paragraph 3 3. The Council may activate the Single Market emergency mode by means of a Council implementing act. It will contain a list of crisis-relevant goods and services. The duration of the activation, hall be specified
Amendment 626 #
Proposal for a regulation Article 14 – paragraph 3 3. The European Parliament and the Council may activate jointly the Single Market emergency mode by means of a
Amendment 627 #
Proposal for a regulation Article 14 – paragraph 3 3. The Council may activate the Single Market emergency mode by means of a Council implementing act. The duration of the activation, shall be specified in the implementing act, and shall be a maximum of six months.
Amendment 628 #
Proposal for a regulation Article 14 – paragraph 4 Amendment 629 #
Proposal for a regulation Article 14 – paragraph 4 Amendment 630 #
Proposal for a regulation Article 14 – paragraph 4 Amendment 631 #
Proposal for a regulation Article 14 – paragraph 5 Amendment 632 #
Proposal for a regulation Article 14 – paragraph 5 Amendment 633 #
Proposal for a regulation Article 14 – paragraph 5 5. As soon as the Single Market emergency mode is activated, the Commission shall, in consultation with the advisory group including relevant stakeholders, without delay, adopt a list of crisis-relevant goods and services and sectors that are notably depending on mobile workers by means of an implementing act. The list may be amended by means of implementing acts.
Amendment 634 #
Proposal for a regulation Article 14 – paragraph 5 5. As soon as the Single Market emergency mode is activated, the Commission shall, in consultation with the advisory group, without delay, adopt a
Amendment 635 #
Proposal for a regulation Article 14 – paragraph 5 5.
Amendment 636 #
Proposal for a regulation Article 14 – paragraph 5 5. As soon as the Single Market emergency mode is activated, the
Amendment 637 #
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
Amendment 638 #
Proposal for a regulation Article 14 – paragraph 6 Amendment 639 #
Proposal for a regulation Article 14 – paragraph 6 Amendment 640 #
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).
Amendment 641 #
Proposal for a regulation Article 14 – paragraph 6 6. The Co
Amendment 642 #
Proposal for a regulation Article 15 – paragraph 1 1. Where the Commission considers, taking in
Amendment 643 #
Proposal for a regulation Article 15 – paragraph 1 1. Where the Commission considers, taking into consideration the opinion provided by the advisory group, that an extension of the Single Market emergency mode is necessary, it shall propose, once it has concrete and reliable evidence of the need to do so, 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.
Amendment 644 #
Proposal for a regulation Article 15 – paragraph 1 1. Where the Commission considers,
Amendment 645 #
Proposal for a regulation Article 15 – paragraph 1 1. Where the Commission considers,
Amendment 646 #
Proposal for a regulation Article 15 – paragraph 1 1. Where the Commission considers, t
Amendment 647 #
Proposal for a regulation Article 15 – paragraph 1 1. Where the Commission considers,
Amendment 648 #
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 consideration the opinion provided by the advisory group, considers a Single Market emergency no longer exists, it shall propose to the European Parliament and the Council without delay the deactivation of the Single Market emergency mode.
Amendment 649 #
Proposal for a regulation Article 15 – paragraph 2 2. Where the
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 in
Amendment 651 #
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,
Amendment 652 #
Proposal for a regulation Article 15 – paragraph 3 3. The measures taken in accordance with Articles 24 to 33 and pursuant to the emergency procedures introduced in the respective Union legal frameworks by means of the amendments to sectorial product legislation set out in 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
Amendment 653 #
Proposal for a regulation Article 15 – paragraph 3 3. The measures taken in accordance with Articles 24 to 33 and pursuant to the emergency procedures introduced in the respective Union legal frameworks by means of the amendments to sectorial product legislation set out in 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 introducing as regard emergency procedures for the conformity assessment, adoption of common specifications and market surveillance in the context of due to a Single Market shall cease to apply upon deactivation of the duration of the Single Market emergency mode. The Commission shall submit to the European Parliament and the Council an assessment on the effectiveness of the measures taken in addressing the Single Market emergency no later than three months after the expiry of the measures, on the basis of the information gathered via the monitoring mechanism foreseen by Article 11.
Amendment 654 #
Proposal for a regulation Article 15 – paragraph 3 3. The measures taken in accordance with Articles 24 to 33 and pursuant to the emergency procedures introduced in the respective Union legal frameworks by means of the amendments to sectorial product legislation set out in 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,
Amendment 655 #
Proposal for a regulation Part IV – title II – Chapter I – title Amendment 656 #
Proposal for a regulation Article 16 Amendment 657 #
Proposal for a regulation Article 16 Amendment 658 #
Proposal for a regulation Article 16 – paragraph -1 (new) -1. The provisions of this Article shall be applied and interpreted in compliance with the rules of the Treaties, in particular the free movement of goods, services and persons, and the freedom of establishment. Nothing in this Article shall be interpreted as an additional derogation from the rules of the Treaties.
Amendment 659 #
Proposal for a regulation Article 16 – paragraph 1 1.
Amendment 660 #
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 priority requirements laid down in this Article, especially as regards measures under the Schengen Borders Code.
Amendment 661 #
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, the Charter of Fundamental Rights of the European Union and Union law and, in particular, with the requirements laid down in this Article.
Amendment 662 #
Proposal for a regulation Article 16 – paragraph 1 1.
Amendment 663 #
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 fundamental human rights as well as the requirements laid down in this Article.
Amendment 664 #
Proposal for a regulation Article 16 – paragraph 2 2. Any restriction shall be limited in time and removed as soon as the situation allows it and at the latest when the Single Market Emergency mode is deactivated. Any restriction not being removed as the Single Market Emergency mode has been deactivated shall no longer be applicable. Additionally, any restriction should take into account the situation of border regions.
Amendment 665 #
Proposal for a regulation Article 16 – paragraph 2 2. Any restriction shall be proportionate, limited in time and removed as soon as the situation allows it. Additionally, any restriction should take into account the situation of border regions, outermost regions and that of mobile and cross-border workers.
Amendment 666 #
Proposal for a regulation Article 16 – paragraph 2 2. Any restriction shall be limited in time and removed as soon as the situation allows it. Additionally, any restriction should take into account the situation of border regions as well as the situation of mobile and cross-border workers.
Amendment 667 #
Proposal for a regulation Article 16 – paragraph 2 2. Any restriction shall be limited in time and removed as soon as the situation allows it. Additionally, any restriction should take into account the situation of border regions and their cross-border and mobile workers.
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 in
Amendment 669 #
Proposal for a regulation Article 16 – paragraph 3 3. Any requirement imposed on citizens and businesses shall be proportionate and necessary and shall not create an undue or unnecessary administrative burden.
Amendment 670 #
Proposal for a regulation Article 16 – paragraph 3 3. Any requirement imposed on
Amendment 671 #
Proposal for a regulation Article 16 – paragraph 3 3. Any requirement imposed on citizens, workers and businesses shall not create an undue or unnecessary administrative burden.
Amendment 672 #
Proposal for a regulation Article 16 – paragraph 3 3. Any requirement imposed on citizens, workers and businesses shall not create an undue or unnecessary administrative burden.
Amendment 673 #
Proposal for a regulation Article 16 – paragraph 4 4. Member States shall immediately inform citizens, consumers, businesses, workers and their representatives about measures that affect their free movement rights in a clear and unambiguous manner so as to ensure legal certainty and facilitate cross-border coordination and cooperation. Close cooperation should be established with social partners at national and local level to ensure the effective dissemination of relevant information to workers and business.
Amendment 674 #
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. Member States shall closely cooperate with social partners at national and local level in order to ensure effective and accessible information of relevant information to workers and business.
Amendment 675 #
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 so as to facilitate cross-border coordination in close cooperation with social partners at national and local level.
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.
Amendment 677 #
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 without delay.
Amendment 678 #
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, including communication with social partners and international partners. Member States shall involve social partners in the elaboration and implementation of measures which have an impact on labour mobility.
Amendment 679 #
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, including communication with social partners and international partners. Social partners shall be duly involved in the elaboration and implementation of measures with an impact on labour mobility.
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.
Amendment 683 #
Proposal for a regulation Article 17 – paragraph -1 (new) -1. Any measures addressing an internal market emergency, taken by a Member State or the Union, shall be limited to the duration of the internal market emergency mode and shall be removed as soon as possible, at the latest once the internal market emergency mode has been deactivated in accordance with the procedure set out in Article 15(2).
Amendment 684 #
Proposal for a regulation Article 17 – paragraph 1 – introductory part 1. During the Single Market emergency mode and when responding to a Single Market emergency, Member States shall
Amendment 685 #
Proposal for a regulation Article 17 – paragraph 1 – introductory part 1.
Amendment 686 #
Proposal for a regulation Article 17 – paragraph 1 – point a (a) intraUnion export bans or other measures having equivalent effect
Amendment 687 #
Proposal for a regulation Article 17 – paragraph 1 – point a (a) intraUnion export bans or other measures having equivalent effect on
Amendment 688 #
Proposal for a regulation Article 17 – paragraph 1 – point b Amendment 689 #
Proposal for a regulation Article 17 – paragraph 1 – point b Amendment 690 #
Proposal for a regulation Article 17 – paragraph 1 – point b – introductory part (b) restrictions on the intra-EU export of goods or provision or receipt of services, or measures having equivalent effect
Amendment 691 #
Proposal for a regulation Article 17 – paragraph 1 – point b – point i Amendment 692 #
Proposal for a regulation Article 17 – paragraph 1 – point b – point ii Amendment 693 #
Proposal for a regulation Article 17 – paragraph 1 – point c (c) discrimination between Member States or between citizens, including in their role as service providers or workers, based directly or indirectly on nationality or, in the case of companies, the location of the registered office, central administration or principal place of business;
Amendment 694 #
Proposal for a regulation Article 17 – paragraph 1 – point d – introductory part (d) restrictions on the free movement of persons involved in the production of crisis-relevant goods that are listed in an implementing act adopted pursuant to Article 14, paragraph 5 and their parts or in provision of crisis-relevant services that are listed in an implementing act adopted pursuant to Article 14 paragraph 5 or which are essential to the functioning of the distorted sector, or other measures having equivalent effect, that:
Amendment 695 #
Proposal for a regulation Article 17 – paragraph 1 – point d – introductory part (d) restrictions on the free movement of persons involved in the production of crisis-relevant goods that are listed in an implementing act adopted pursuant to Article 14, paragraph 5 and their parts or in provision of crisis-relevant services that are listed in an implementing act adopted pursuant to Article 14 paragraph 5 or which are essential to the functioning of the relevant sectors, or other measures having equivalent effect, that:
Amendment 696 #
Proposal for a regulation Article 17 – paragraph 1 – point d – introductory part (d) restrictions on the free movement of persons involved in the production of crisis-relevant goods that are listed in an implementing act adopted pursuant to Article 14, paragraph 5 and their parts or in provision of crisis-relevant services that are listed in an implementing act adopted pursuant to Article 14 paragraph 5, or which are critical to the functioning of the affected sector or other measures having equivalent effect, that:
Amendment 697 #
Proposal for a regulation Article 17 – paragraph 1 – point d – introductory part (d) restrictions on the free movement of persons or travel restrictions involved in the production of crisis-relevant goods that are listed in an implementing act adopted pursuant to Article 14, paragraph 5 and their parts or
Amendment 698 #
Proposal for a regulation Article 17 – paragraph 1 – point d – point ii (ii) are directly or indirectly discriminatory based on nationality of the person.
Amendment 699 #
Proposal for a regulation Article 17 – paragraph 1 a (new) 1 a. Restrictions on the free movement of Union citizens and their family members and of third-country nationals legally staying or residing in the territories of Member States, as well as of refugees and beneficiaries of international protection, or other measures having equivalent effect, that: (i) restrict the freedom of movement on grounds of public policy, public security or public health without individual risk assessment or (ii) are directly discriminatory based on the nationality of the person.
Amendment 700 #
Proposal for a regulation Article 17 – paragraph 1 a (new) 1 a. Restrictions to the free movement may be introduced in accordance with the Treaty and Union law. Any such restriction shall be kept at a minimum and be predictable for economic operators and citizens, and limited in time.
Amendment 701 #
Proposal for a regulation Article 17 – paragraph 1 b (new) 1 b. Any such restriction shall be removed as soon as the situation allows it and at the latest when the Single Market Emergency mode is deactivated. Any remaining restriction shall no longer be applicable as soon as the Single Market Emergency mode has been deactivated according to the procedure under 15(2).
Amendment 702 #
Proposal for a regulation Article 17 – paragraph 1 c (new) 1 c. Notwithstanding paragraph 2 Member State shall not introduce any of following:
Amendment 703 #
Proposal for a regulation Article 17 – paragraph 2 – introductory part 2.
Amendment 704 #
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
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
Amendment 706 #
Proposal for a regulation Article 17 – paragraph 3 – introductory part 3.
Amendment 707 #
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
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
Amendment 709 #
Proposal for a regulation Article 17 – paragraph 4 – introductory part 4.
Amendment 710 #
Proposal for a regulation Article 17 – paragraph 4 – point a Amendment 711 #
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
Amendment 712 #
Proposal for a regulation Article 17 – paragraph 4 – point c (c) prohibiting of business travel linked to
Amendment 713 #
Proposal for a regulation Article 17 – paragraph 4 – point d (d) imposing prohibitions on travel, including travel for imperative family reasons
Amendment 714 #
Proposal for a regulation Article 17 – paragraph 4 – point d (d) imposing prohibitions on travel, including travel for imperative family reasons, which are not
Amendment 715 #
Proposal for a regulation Article 17 – paragraph 4 – point e (e) imposing restrictions on workers and service providers and their representatives, 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. To this end, due regard should be given to the needs of mobile and cross-border workers and service providers who depend on the freedom of movement for their income.
Amendment 716 #
Proposal for a regulation Article 17 – paragraph 4 – point e (e) imposing restrictions on workers and service providers and their representatives, 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 717 #
Proposal for a regulation Article 17 – paragraph 4 – point e (e) imposing restrictions on workers and service providers and their representatives,
Amendment 718 #
Proposal for a regulation Article 17 – paragraph 5 5. When a Single Market emergency has been activated in accordance with Article 14 and the activities exercised by the service providers, business representatives and workers are not affected by the crisis in the Member State and safe travel is possible despite the crisis,
Amendment 719 #
Proposal for a regulation Article 17 – paragraph 5 5. When a Single Market emergency has been activated in accordance with Article 14 and the activities exercised by the service providers, business representatives and workers are not affected by the crisis in the Member State and safe travel is possible
Amendment 720 #
Proposal for a regulation Article 17 – paragraph 6 – introductory part 6. When a Single Market emergency has been activated in accordance with
Amendment 721 #
Proposal for a regulation Article 17 – paragraph 6 – point a (a) Those service providers that provide crisis-relevant services that are listed in an implementing act adopted pursuant to Article 14(5), or business representatives or workers that are involved in production of crisis-relevant goods or provision of crisis-relevant services that are listed in an implementing act adopted pursuant to Article 14(5) including those that are essential to the functioning of the affected sector to allow them to have access to the place of their activities, if activities in the sector concerned are still allowed in the Member State;
Amendment 722 #
Proposal for a regulation Article 17 – paragraph 7 7. When taking the measures referred to in this provision, the Member States shall ensure full compliance with the Treaties and Union law, including the protection of workers, service providers and business representatives, ensuring they are able to exercise their freedom of movement under safe conditions. Nothing in this provision shall be construed as authorising or justifying restrictions to free movement contrary to the Treaties or other provisions of Union law.
Amendment 723 #
Proposal for a regulation Article 17 – paragraph 7 7. When taking the measures referred to in this provision, the Member States shall ensure full compliance with the Treaties and Union law, including the protection of workers, service providers and business representatives, ensuring they are able to exercise their freedom of movement under safe conditions. Nothing in this provision shall be construed as authorising or justifying restrictions to free movement contrary to the Treaties or other provisions of Union law.
Amendment 724 #
Proposal for a regulation Article 17 a (new) Article 17 a 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 and subsequently on a regular basis for the duration of the Single Market emergency mode, keeping the information up to date and accessible through electronic means 24/7. Member States shall ensure a continuous dialogue with stakeholders, including communication with social partners and international partners.
Amendment 725 #
Proposal for a regulation Article 18 – paragraph 1 1. During the Single Market emergency mode, the Commission may provide for supportive measures to reinforce free movement of persons
Amendment 726 #
Proposal for a regulation Article 18 – paragraph 1 1. During the Single Market emergency mode, the Commission may provide for supportive measures to reinforce free movement of persons referred to in Article 17(6) and 17(7) by means of implementing acts.
Amendment 727 #
Proposal for a regulation Article 18 – paragraph 1 1. During the Single Market emergency mode, the Commission may provide for supportive measures to reinforce free movement of persons referred to in Article 17(6) and 17(7) and to ensure that they can exercise their freedom of movement under safe condition by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 422(2). On duly justified imperative grounds of urgency relating to the impacts of the crisis on the Single Market, the Commission
Amendment 728 #
Proposal for a regulation Article 18 – paragraph 1 1. During the Single Market emergency mode, the Commission may provide for supportive measures to
Amendment 729 #
Proposal for a regulation Article 18 – paragraph 1 1. During the Single Market emergency mode, the Commission may provide for supportive measures to
Amendment 730 #
Proposal for a regulation 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
Amendment 731 #
Proposal for a regulation 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
Amendment 732 #
Proposal for a regulation Article 18 – paragraph 3 3. The implementing acts referred to in paragraphs 1 and 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
Amendment 733 #
Proposal for a regulation Article 18 – paragraph 3 3. The implementing acts referred to in paragraph
Amendment 734 #
Proposal for a regulation Article 19 – paragraph 1 – subparagraph 1 During the Single Market vigilance mode and the Single Market emergency mode, Member States shall notify to the
Amendment 735 #
Proposal for a regulation Article 19 – paragraph 1 – subparagraph 1 Amendment 736 #
Proposal for a regulation Article 19 – paragraph 1 – subparagraph 1 During the Single Market emergency and during a vigilance mode, Member States shall notify to the Commission any crisis- relevant draft measures restricting free movement of
Amendment 737 #
Proposal for a regulation Article 19 – paragraph 1 – subparagraph 1 During the Single Market emergency, Member States shall notify to the Commission and SMEI Forum any crisis- relevant draft measures restricting 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.
Amendment 738 #
Proposal for a regulation Article 19 – paragraph 1 a (new) 1 a. Any measures that are not notified in accordance with paragraph 1 shall be deemed null and void.
Amendment 739 #
Proposal for a regulation Article 19 – paragraph 2 2. Member States shall provide to the Commission a statement of the reasons which make the enactment of such measure justified and proportionate,
Amendment 740 #
Proposal for a regulation Article 19 – paragraph 2 2. Member States shall provide to the Commission a statement of the reasons reasons and, where possible, concrete evidence which make the enactment of such measure justified and proportionate, where those reasons have not already been made clear in the notified measure. Member States shall communicate to the Commission the full text of the national legislative or regulatory provisions which contain or are modified by the measure.
Amendment 741 #
Proposal for a regulation Article 19 – paragraph 2 2. Member States shall provide to the Commission a statement
Amendment 742 #
Proposal for a regulation Article 19 – paragraph 4 4. The Commission shall communicate the notified measures to the other Member States without delay and shall share them at the same time with the
Amendment 743 #
Proposal for a regulation Article 19 – paragraph 5 5. If the
Amendment 744 #
Proposal for a regulation Article 19 – paragraph 5 5. If the
Amendment 745 #
Proposal for a regulation Article 19 – paragraph 5 5. If the advisory group chooses to deliver an opinion on a notified measure, it shall do so within
Amendment 746 #
Proposal for a regulation Article 19 – paragraph 6 6. The Commission shall ensure that citizens
Amendment 747 #
Proposal for a regulation Article 19 – paragraph 6 6. The Commission shall ensure that citizens and businesses are informed of the notified measures, unless Member States
Amendment 748 #
Proposal for a regulation Article 19 – paragraph 7 Amendment 749 #
Proposal for a regulation Article 19 – paragraph 8 8.
Amendment 750 #
Proposal for a regulation Article 19 – paragraph 8 8. Within
Amendment 751 #
Proposal for a regulation Article 19 – paragraph 8 8. Within 10 days from the date of receipt of the notification, the Commission shall examine the compatibility of any draft or adopted measure with Union law, including Article
Amendment 752 #
Proposal for a regulation Article 19 – paragraph 10 10. The notifying Member State shall communicate the measures it intends to adopt
Amendment 753 #
Proposal for a regulation Article 19 – paragraph 10 10. The notifying Member State shall communicate the measures it intends to adopt in order to comply with the comments delivered in accordance with paragraph 8 to the Commission within
Amendment 754 #
Proposal for a regulation Article 19 – paragraph 10 10. The notifying Member State shall communicate the measures it intends to adopt in order to comply with the comments delivered in accordance with paragraph 8 to the Commission with
Amendment 755 #
Proposal for a regulation Article 19 – paragraph 11 Amendment 756 #
Proposal for a regulation Article 19 – paragraph 11 11. If the Commission finds that the measures communicated by the notifying Member State are still not in accordance with Union law, it may issue within
Amendment 757 #
Proposal for a regulation Article 19 – paragraph 12 12. If the Commission finds that an already adopted measure that has been notified to it, is not in accordance with Union law, it
Amendment 758 #
Proposal for a regulation Article 19 – paragraph 12 a (new) 12 a. Where there are clearly obvious and serious grounds to believe that a measure does not comply with Union law, the Commission may adopt a decision to suspend the application of any measures already adopted. Member States shall cease to enforce such measures. The Commission shall notify the Member State of the reasons for its decision. Where a Member State disagrees with the suspension, it shall immediately enter into dialogue with the Commission in order to align measures with Union law.
Amendment 759 #
Proposal for a regulation Article 19 – paragraph 13 Amendment 760 #
Proposal for a regulation Article 19 – paragraph 13 13. The period of
Amendment 761 #
Proposal for a regulation Article 19 – paragraph 14 Amendment 762 #
Proposal for a regulation Article 19 – paragraph 14 14. The Commission decisions referred to in paragraphs 11 and 12 shall be based on available information and may be issued when there are immediately obvious and serious grounds to believe that the notified measures do not comply with Union law, including Article 16 or 17 of this Regulation, the principle of proportionality or the principle of non-discrimination.
Amendment 763 #
Proposal for a regulation Article 19 – paragraph 16 16. The Commission shall publish the
Amendment 764 #
Proposal for a regulation Article 19 – paragraph 16 16. The Commission shall publish the text of the measures adopted by the Member States in the context of the Single market emergency that restrict free movement of goods, services and the persons, including workers, which have been communicated by means of the notifications referred to in this Article as well as via other sources. The Commission shall also transmit the text of the measures adopted by the Member States to the European Parliament. The text of the measures shall be published within one working day of its receipt by means of an electronic platform managed by the Commission.
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.
Amendment 766 #
Proposal for a regulation Article 20 – paragraph 3 a (new) 3 a. The Commission shall ensure interoperability between the notification system under this regulation and the Internal Market Information System.
Amendment 767 #
Proposal for a regulation Article 21 – paragraph 1 – point a (a)
Amendment 768 #
Proposal for a regulation Article 21 – paragraph 1 – point b (b)
Amendment 769 #
Proposal for a regulation Article 21 – paragraph 1 – point b a (new) (b a) assistance in dissemination of information to businesses, consumers and workers by closely cooperating with stakeholders at national and local level such as social partners and consumer organisations.
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.
Amendment 771 #
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
Amendment 772 #
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
Amendment 773 #
Proposal for a regulation Article 21 – paragraph 2 a (new) 2 a. Member States single points of contact shall in consulation with regional and national social partners ensure the effective and accessible communication of relevant information to workers and business.
Amendment 774 #
Proposal for a regulation Article 21 – paragraph 2 a (new) 2 a. Close cooperation should be established with social partners at national and local level to ensure the effective dissemination of relevant information to workers and business.
Amendment 775 #
Proposal for a regulation Article 21 – paragraph 2 a (new) 2 a. Member States shall incorporate the national single points of contact into the Your Europe portal as set out in Article 2(1) of Regulation (EU) 2018/1724.
Amendment 776 #
Proposal for a regulation Article 22 – paragraph 1 1. The Commission shall set up and operate a Union level single point of contact, which shall use the structure of the Your Europe portal, as set out in Article 2(1) of Regulation (EU) 2018/1724.
Amendment 777 #
Proposal for a regulation Article 22 – paragraph 2 – introductory part 2. The Union level single point of contact shall provide citizens, consumers, local and regional authorities, economic operators, workers and their representatives with the following assistance:
Amendment 778 #
Proposal for a regulation Article 22 – paragraph 2 – point a (a) assistance in requesting and obtaining information as regards Union level and other Member States’ crisis response measures that are relevant to the activated Single Market emergency or which affect the exercise of the free movement of goods, services, persons and workers;
Amendment 779 #
Proposal for a regulation Article 22 – paragraph 2 – point a (a)
Amendment 780 #
Proposal for a regulation Article 22 – paragraph 2 – point b (b)
Amendment 781 #
Proposal for a regulation Article 22 – paragraph 2 – point c Amendment 782 #
Proposal for a regulation Article 22 – paragraph 2 a (new) 2 a. The single point of contact opearing at the Union level shall draft and keep updated a list including all crisis measures taken at the national level, a list of national contact points and assist citizens, consumers, economic operators, workers and their representatives in obtaining relevant information.
Amendment 783 #
Proposal for a regulation Article 22 – paragraph 2 a (new) 2 a. Sufficient human and financial resources shall be allocated to the Union level single point of contact.
Amendment 784 #
Proposal for a regulation Article 23 Amendment 785 #
Proposal for a regulation Article 23 – paragraph 1 1. Binding measures included in this Chapter may be adopted by the Commission by means of implementing acts in accordance with Articles 24(2), first subparagraph of Article 26 and Article 27(2) may be adopted only after a Single Market Emergency has been activated by means of a
Amendment 786 #
Proposal for a regulation Article 23 – paragraph 1 1.
Amendment 787 #
Proposal for a regulation Article 23 – paragraph 1 1. Binding measures included in this Chapter may be adopted by the Commission by means of implementing acts in accordance with Articles 24(2), first subparagraph of Article 26 and Article 27(2) may be adopted only after a Single Market Emergency has been activated by means of a
Amendment 788 #
Proposal for a regulation Article 23 – paragraph 2 2. An implementing act introducing a measure included in this Chapter shall clearly and specifically list the crisis- relevant goods and services identified in the implementing act adopted in accordance with Article 14(5) to which such measure applies. That measure shall apply only for the duration of the emergency mode.
Amendment 791 #
Proposal for a regulation Article 24 – paragraph 1 1.
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
Amendment 793 #
Proposal for a regulation Article 24 – paragraph 1 1. Where there is a severe crisis- related shortages or an immediate threat thereof, the Commission
Amendment 794 #
Proposal for a regulation Article 24 – paragraph 1 1. Where there is a severe crisis- related shortage
Amendment 795 #
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
Amendment 796 #
Proposal for a regulation Article 24 – paragraph 2 2.
Amendment 797 #
Proposal for a regulation Article 24 – paragraph 2 2. If the addressees do not transmit the information requested in accordance with paragraph 1 within the time-limit
Amendment 798 #
Proposal for a regulation Article 24 – paragraph 2 2. If the addressees do not transmit the information requested in accordance with paragraph 1 within the time-limit
Amendment 799 #
Proposal for a regulation Article 24 – paragraph 2 2. If the addressees do not transmit the information requested in accordance with paragraph 1 within
Amendment 800 #
Proposal for a regulation Article 24 – paragraph 3 Amendment 801 #
Proposal for a regulation Article 24 – paragraph 3 – introductory part 3. The information requests referred to in paragraph 1 may concern
Amendment 802 #
Proposal for a regulation Article 24 – paragraph 3 – point a (a) targeted information to the Commission in relation to the production capacities and possible existing stocks of the crisis-relevant goods and components thereof in production facilities located in the Union and production facilities located in a third country which the organisation or the operator referred to in paragraph 1 operates, contracts or purchases supply from, while fully respecting trade and business secrets and requ
Amendment 803 #
Proposal for a regulation Article 24 – paragraph 3 – point b Amendment 804 #
Proposal for a regulation Article 24 – paragraph 3 – point b Amendment 805 #
Proposal for a regulation Article 24 – paragraph 4 Amendment 806 #
Proposal for a regulation Article 24 – paragraph 4 Amendment 807 #
Proposal for a regulation Article 24 – paragraph 4 4.
Amendment 808 #
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
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
Amendment 810 #
Proposal for a regulation Article 24 – paragraph 5 Amendment 811 #
Proposal for a regulation Article 24 – paragraph 5 5.
Amendment 812 #
Proposal for a regulation Article 24 – paragraph 5 5. The Commission
Amendment 813 #
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 but which is no longer than 10 days. 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.
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
Amendment 815 #
Proposal for a regulation Article 24 – paragraph 6 Amendment 816 #
Proposal for a regulation Article 24 – paragraph 6 Amendment 817 #
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
Amendment 818 #
Proposal for a regulation Article 24 – paragraph 6 6. The owners of the economic operators
Amendment 819 #
Proposal for a regulation Article 24 – paragraph 7 Amendment 820 #
Proposal for a regulation Article 24 – paragraph 7 Amendment 821 #
Proposal for a regulation Article 24 – paragraph 7 Amendment 822 #
Proposal for a regulation Article 24 – paragraph 8 Amendment 823 #
Proposal for a regulation Article 24 – paragraph 8 Amendment 824 #
Proposal for a regulation Article 24 – paragraph 8 Amendment 825 #
Proposal for a regulation Article 25 – paragraph 1 1. Information received from liaison offices of the Member States, the steering board, economic operators or any other source as a result of the application of this Regulation shall be used only for the purpose for which it was requested.
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.
Amendment 827 #
Proposal for a regulation Article 25 – paragraph 2 2. Member States and the Commission shall ensure the protection of trade and business secrets and other sensitive and confidential information acquired and generated in application of this Regulation, including recommendations and measures to be taken, and any compensation due in the event of unauthorised disclosures in accordance with Union and the respective national law.
Amendment 828 #
Proposal for a regulation Article 25 – paragraph 2 2. Member States and the Commission shall ensure the protection of trade and business secrets and other sensitive and confidential information acquired and generated in application of this Regulation, including recommendations and measures to be taken
Amendment 829 #
Proposal for a regulation Article 25 – paragraph 4 4. The Commission
Amendment 830 #
Proposal for a regulation Article 26 Amendment 831 #
Proposal for a regulation Article 26 – paragraph 1 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, and 2014/68/EU and introducing
Amendment 832 #
Proposal for a regulation Article 26 – paragraph 1 When the Single Market emergency mode has been activated by means of
Amendment 833 #
Proposal for a regulation Article 26 – paragraph 1 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,
Amendment 834 #
Proposal for a regulation Article 26 – paragraph 2 Amendment 835 #
Proposal for a regulation Article 26 – paragraph 2 a (new) This Article shall apply taken due account of the precautionary principle regarding the health and safety of persons and shall not affect in any way the health, safety and security of citizens, workers and consumers. It shall be activated following due consultation of expert groups and relevant stakeholders including consumer organisations and social partners.
Amendment 836 #
Proposal for a regulation Article 26 a (new) Article 26 a Traceability 1. For products admitted under Article 26 in this Regulation, and after consulting the Consumer Safety Network, relevant expert groups and relevant stakeholders, the Commission shall set up a system of traceability to which economic operators who place and make available those products on the market shall adhere. 2. The system of traceability shall consist of the collection and storage of data, including by electronic means, enabling the identification of the product, its components or of the economic operators involved in its supply chain, as well as in modalities to display and to access those data, including placement of a data carrier on the product, its packaging or accompanying documents. 3. The Commission is empowered to adopt delegated acts to supplement this Regulation by: (a) determining the crisis relevant products, as referred to in paragraph 1; (b) specifying the type of data which economic operators are to collect and store by means of the system of traceability referred to in paragraph 2; (c) specifying the modalities to display and to access data, including placement of a data carrier on the product, its packaging or accompanying documents as referred to in paragraph 2; (d) specifying the actors that shall have access to the data as referred to in point (b) and to what data they shall have access, including consumers, economic operators, providers of online marketplaces, competent national authorities, the Commission, and public interest organisations, or any organisation acting on their behalf. 4. Market surveillance authorities, consumers, economic operators and other relevant actors shall have access to the data referred to in paragraph 3 based on their respective access rights set out in the applicable delegated act adopted pursuant to paragraph 3, point (d). 5. When adopting the measures referred to in paragraph 3, the Commission shall take into account: (a) an adequate timeframe to allow economic operators to prepare for those measures; and (b) the compatibility and interoperability with other product traceability systems already set up at Union or at international level.
Amendment 840 #
Proposal for a regulation Article 27 – paragraph 1 1. The Commission 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’) specifying the quantity of the relevant goods or services, the price and the time of delivery.
Amendment 841 #
Proposal for a regulation 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
Amendment 842 #
Proposal for a regulation Article 27 – paragraph 1 1. The Commission may invite, on a voluntary basis, 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 843 #
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 shall give the economic operator concerned as well as trade unions and any parties demonstrably affected by the potential priority rated order, the opportunity to
Amendment 844 #
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 decision of the steering board, 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
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,
Amendment 846 #
Proposal for a regulation Article 27 – paragraph 2 2. If an economic operator does not accept
Amendment 847 #
Proposal for a regulation Article 27 – paragraph 4 – subparagraph 1 Amendment 848 #
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
Amendment 849 #
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
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
Amendment 851 #
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
Amendment 852 #
Proposal for a regulation Article 27 – paragraph 4 – subparagraph 2 Amendment 853 #
Proposal for a regulation Article 27 – paragraph 4 – subparagraph 2 Amendment 854 #
Proposal for a regulation Article 27 – paragraph 6 6. The Commission shall take the decision to invite one or more economic operators to accept and prioritise certain orders as referred to in paragraph
Amendment 855 #
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
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
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).
Amendment 858 #
Proposal for a regulation Article 28 Amendment 859 #
Proposal for a regulation Article 28 Amendment 860 #
Proposal for a regulation Article 28 Amendment 861 #
Proposal for a regulation Article 28 Amendment 862 #
Proposal for a regulation Article 28 – title Fines to operators for failure to comply with
Amendment 863 #
Proposal for a regulation Article 28 – paragraph 1 – introductory part 1. The Commission
Amendment 864 #
Proposal for a regulation Article 28 – paragraph 1 – point a Amendment 865 #
Proposal for a regulation Article 28 – paragraph 1 – point a (a) where a
Amendment 866 #
Proposal for a regulation Article 28 – paragraph 2 Amendment 867 #
Proposal for a regulation Article 28 – paragraph 2 2. Fines imposed in the cases referred to in paragraph 1 (a) and (b) shall not exceed
Amendment 868 #
Proposal for a regulation Article 28 – paragraph 2 2. Fines imposed in the cases referred to in paragraph 1
Amendment 869 #
Proposal for a regulation Article 28 – paragraph 2 2. Fines imposed in the cases referred to in paragraph 1 (a) and (b) shall
Amendment 870 #
Proposal for a regulation Article 28 – paragraph 3 3. Fines imposed in the cases referred to in paragraph 1 (c) shall not exceed 0.5 % 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 0.5 % of total turnover in the preceding business year. The maximum fine imposed in the cases referred to in paragraph 1(c) for economic operators that are SMEs as defined in Recommendation 2003/361/EC shall not exceed 0.1 % 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 but not exceeding 0.1% of total turnover in the preceding business year.
Amendment 871 #
Proposal for a regulation Article 28 – paragraph 3 3. Fines imposed in the cases referred to in paragraph 1 (c) shall not
Amendment 872 #
Proposal for a regulation Article 28 – paragraph 3 3. Fines imposed in the cases referred to in paragraph 1 (c) shall not exceed 1,5 % 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 873 #
Proposal for a regulation Article 28 – paragraph 3 3. Fines imposed in the cases referred to in paragraph 1 (c) shall not exceed
Amendment 874 #
Proposal for a regulation Article 29 Amendment 875 #
Proposal for a regulation Article 29 Amendment 876 #
Proposal for a regulation Article 29 Amendment 877 #
Proposal for a regulation Article 29 Amendment 878 #
Proposal for a regulation Article 29 – paragraph 1 – point a Amendment 879 #
Proposal for a regulation Article 30 Amendment 880 #
Proposal for a regulation Article 30 Amendment 881 #
Proposal for a regulation Article 30 Amendment 882 #
Proposal for a regulation Article 30 Amendment 883 #
Proposal for a regulation Article 31 Amendment 884 #
Proposal for a regulation Article 31 Amendment 885 #
Proposal for a regulation Article 31 Amendment 886 #
Proposal for a regulation Article 31 Amendment 887 #
Proposal for a regulation Article 31 – paragraph 3 Amendment 888 #
Proposal for a regulation Article 31 – paragraph 4 4. The rights of defence of the economic operator or representative organisations of economic operators concerned shall be fully respected in any proceedings. The economic operator or representative organisations of economic operators concerned shall be entitled to have access to the Commission's file under the terms of a negotiated disclosure, subject to the legitimate interest of economic operators in the protection of their business secrets. The right of access to the file shall not extend to confidential information and internal documents of the Commission or the authorities of the Member States.
Amendment 889 #
Proposal for a regulation Article 32 Amendment 890 #
Proposal for a regulation Article 32 Amendment 891 #
Proposal for a regulation Article 32 – paragraph 1 Where
Amendment 892 #
Proposal for a regulation Article 32 – paragraph 1 Where the strategic reserves constituted by the Member States
Amendment 893 #
Proposal for a regulation Article 32 – paragraph 1 Where the strategic reserves constituted by the Member States in accordance with Article 12 prove to be insufficient to meet the needs related to the Single Market emergency, the Commission,
Amendment 894 #
Proposal for a regulation Article 33 Amendment 895 #
Proposal for a regulation Article 33 Amendment 896 #
Proposal for a regulation Article 33 Amendment 897 #
Proposal for a regulation Article 33 – paragraph 1 1.
Amendment 898 #
Proposal for a regulation Article 33 – paragraph 1 1. The Commission may, when it considers that there is a risk of a shortage of crisis-relevant goods or services, 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.
Amendment 899 #
Proposal for a regulation Article 33 – paragraph 2 Amendment 900 #
Proposal for a regulation Article 33 – paragraph 2 – point a Amendment 901 #
Proposal for a regulation Article 33 – paragraph 2 – point a (a) facilitating the expansion or repurposing of existing or the
Amendment 902 #
Proposal for a regulation Article 33 – paragraph 2 – point b Amendment 903 #
Proposal for a regulation Article 33 – paragraph 2 – point c Amendment 904 #
Proposal for a regulation Article 33 – paragraph 2 – point c (c) aiming at accelerating permitting of crisis-relevant goods
Amendment 905 #
Proposal for a regulation Article 33 – paragraph 2 – point c (c) aiming at accelerating permitting of crisis-relevant goods or services.
Amendment 906 #
Proposal for a regulation Article 33 – paragraph 2 – point c a (new) (c a) aiming at using all flexibilities of the international framework on intellectual property protection..
Amendment 907 #
Proposal for a regulation Part V – Chapter I – title Amendment 908 #
Proposal for a regulation Part V – Chapter I – title Amendment 909 #
Proposal for a regulation Article 34 – paragraph 1 1.
Amendment 910 #
Proposal for a regulation Article 34 – paragraph 1 1. 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
Amendment 911 #
Proposal for a regulation Article 34 – paragraph 1 1. 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
Amendment 912 #
Proposal for a regulation Article 34 – paragraph 2 2. The Commission shall assess the utility, necessity and proportionality of the request. If the Commission decides to launch a procurement on behalf of the Member Strates, it shall inform the steering board and the Member States concerned its intention to carry out such procurement. 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. The Commission shall launch a call for other Member States to participate in the request.
Amendment 913 #
Proposal for a regulation 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 within a reasonable time.
Amendment 914 #
Proposal for a regulation Article 34 – paragraph 2 2. The Commission shall assess the
Amendment 915 #
Proposal for a regulation 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
Amendment 916 #
Proposal for a regulation 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
Amendment 917 #
Proposal for a regulation Article 34 – paragraph 3 a (new) 3 a. If the Commission is unable to award the contract to a suitable economic operator, the Commission shall immediately inform the Member States. Member States shall have a right to initiate their own procurement processes without delay.
Amendment 918 #
Proposal for a regulation 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
Amendment 919 #
Proposal for a regulation Article 35 – paragraph 1 1. The agreement [referred to in Article 34(3) shall establish a negotiating mandate for the Commission to act as a central purchasing body for
Amendment 920 #
Proposal for a regulation Article 35 – paragraph 1 1. The agreement
Amendment 921 #
Proposal for a regulation Article 35 – paragraph 2 2. In accordance with the agreement, the Commission may be entitled, on behalf of the participating Member States, to enter into contracts with economic operators, including individual producers of
Amendment 922 #
Proposal for a regulation Article 35 – paragraph 2 2. In accordance with the agreement, the Commission may be entitled, on behalf of the participating Member States, to enter into contracts with economic operators, including individual producers of
Amendment 923 #
Proposal for a regulation Article 35 – paragraph 3 Amendment 924 #
Proposal for a regulation Article 35 – paragraph 3 Amendment 925 #
Proposal for a regulation Article 35 – paragraph 3 Amendment 926 #
Proposal for a regulation Article 35 – paragraph 3 3. Representatives of the Commission or experts nominated by the Commission may carry out
Amendment 927 #
Proposal for a regulation Article 35 – paragraph 4 4. The Commission shall carry out the procurement procedures and conclude the resulting contracts with economic operators on behalf of the participating Member States. All participating Member States shall be involved in the procurement process. To that effect, the Commission shall invite participating Member States to nominate representatives to take part in the preparation of the procurement processes as well as the negotations of the purchasing agreements. Representatives of participating Member States shall have the status of experts in the procurement process, in accordance with Regulation (EU, Euratom) 2018/1046.
Amendment 928 #
Proposal for a regulation Article 36 – paragraph 1 1. Procurement under this Regulation shall be carried out by the Commission in accordance with the rules set out in Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council54 for its own procurement. In particular, special attention shall be paid to an appropriate integration of environmental, social and labour requirements into public procurement procedures, as well as on the principles of equal treatment and transparency, as stated in the Regulation 2018/1048 as well as in the Directives 2014/24/EU and 2014/25/UE on public procurement. . __________________ 54 Regulation (EU, Euratom) 2018/1046 of
Amendment 929 #
Proposal for a regulation Article 36 – paragraph 2 2. The contracts
Amendment 930 #
Proposal for a regulation Article 36 a (new) Article 36 a Publication of joint public procurement contracts 1. The Commission must ensure all joint procurement contracts are made available to the public and accessible on the Commission's website within 30 days after signing of the contract. Information disclosed for public scrutiny shall include: (a) the amount of public investment paid to the contractor, broke down by cost structure of the product; (b) price per unit of the product; (c) number of product units to be delivered per quarter; (d) number and locations of the product’s manufacturing sites; (e) arrangements related to product donations, intellectual property and technology transfer within the Union and with third countries; (f) product liability clauses and compensation for any damage caused by the product; (g) terms and conditions related to the breach of the contracts and their termination. The European Court of Auditors shall have full access to all relevant documents to provide accurate annual scrutiny of signed contracts and public investment;
Amendment 931 #
Proposal for a regulation Part V – Chapter II – title Amendment 932 #
Proposal for a regulation Part V – Chapter III – title Amendment 933 #
Proposal for a regulation Article 38 – paragraph 1 When the Single Market emergency mode has been activated pursuant to Article 14, Member States shall
Amendment 934 #
Proposal for a regulation Article 38 – paragraph 1 a (new) Where Emergency mode has been activated, contracting authorities and contracting entities of the Member States in relation to procurement of crisis- relevant goods and services may on that basis decide not to apply an IPI measures adopted according to Regulation 2022/1031 of 23 June 2022.
Amendment 935 #
Proposal for a regulation Article 38 – paragraph 1 b (new) Article 32 (2) of Regulation 2022/2560 of 14 December 2022 is not applied, when contracting authorities and contracting entities of Member States are awarding public contract on crisis-relevant goods and services, included on the list adopted pursuant to Article 14 (3), when only one valid tender has been filed in the contract award procedure.
Amendment 936 #
Proposal for a regulation Article 38 – paragraph 1 c (new) Where Emergency mode has been activated, the contracting authority or contracting entity may contact in writing all invited candidates before the time limit for receipt of requests to participate or tenders, with the sole purpose of clarifying their intention to submit a request to participate or a tender.
Amendment 937 #
Proposal for a regulation Article 38 – paragraph 1 d (new) Where Emergency mode has been activated, the contracting authority may, in agreement with the economic operator, modify a contract or a framework contract beyond the threshold referred to in Directive 2014/24/EU, Directive 2014/25/EU, provided that it does not exceed 100% of the initial contract value, and that it is justified as strictly necessary to respond to the evolution of the crisis.
Amendment 938 #
Proposal for a regulation Article 39 – paragraph 1 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 defined contracting authorities of the participating Member States
Amendment 939 #
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
Amendment 940 #
Proposal for a regulation Article 39 – paragraph 1 Where the Single Market emergency mode has been activated pursuant to Article 1
Amendment 941 #
Proposal for a regulation Article -40 (new) Article -40 Non regression clause 1. This Regulation is without prejudice to existing national participation rights of social partners, that provide more favourable provisions. 2. This Regulation does not affect labour law, that is any legal or contractual provision concerning employment conditions, working conditions, including health and safety at work and the relationship between employers, workers and their representatives, which Member States apply in accordance with national law which respects Union law. Equally, this Regulation does not affect the social security legislation of the Member States.
Amendment 942 #
Proposal for a regulation Article 40 – paragraph 1 1. This Regulation shall be without prejudice to the
Amendment 943 #
Proposal for a regulation Article 40 – paragraph 2 2. Personal data
Amendment 944 #
Proposal for a regulation Article 40 – paragraph 2 2. Personal data shall not be processed or communicated
Amendment 945 #
Proposal for a regulation Article 40 – paragraph 3 3. Where processing of personal data is not strictly necessary to the fulfilment of the mechanisms established in this Regulation, personal data shall be rendered anonymous in such a manner that the data subject is not identifiable. The consent of the economic operator to the downgrading or declassification of the information must be given in full awareness of the legal and economic consequences. For this reason, the Commission and the MS undertake to provide the economic operator with all the necessary information in a simple and clear way
Amendment 946 #
Proposal for a regulation Article 40 – paragraph 3 3. Where
Amendment 947 #
Proposal for a regulation Article 41 Amendment 948 #
Proposal for a regulation Article 41 – paragraph 1 The Commission and the Member States may set up interoperable digital tools or IT infrastructures supporting the objectives of this Regulation. Such tools or infrastructures may be developed outside the duration of the Single Market Emergency. The Commission shall primarily make use of already existing IT tools.
Amendment 949 #
Proposal for a regulation 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 950 #
Proposal for a regulation Article 42 – paragraph 3 3. Where reference is made to this paragraph, Article 8 of Regulation (EU) No 182/2011, in conjunction with Article 5 thereof, shall apply. The SMEI Committee is obliged to review such implementing act with undue delay. In case the SMEI Committee delivers a negative decision, such decision needs to be taken as soon as possible.
Amendment 951 #
Proposal for a regulation Article 43 Amendment 952 #
Proposal for a regulation Article 43 – paragraph 2 2. The power to adopt delegated acts referred to in Article 6 shall be conferred on the Commission for a period of
Amendment 953 #
Proposal for a regulation Article 43 a (new) Article 43 a Urgency procedure 1. Delegated acts adopted under 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.
Amendment 955 #
Proposal for a regulation Article 44 – paragraph 1 1. By [OP: please insert date = five years from the entry into force of this Regulation] and every five years thereafter, the Commission shall present a report to the European Parliament and the Council on the functioning of the contingency planning, vigilance and Single Market emergency response system suggesting any improvements if necessary, accompanied, where appropriate, by relevant legislative proposals. The report shall assess in particular the following issues:
Amendment 956 #
Proposal for a regulation Article 44 – paragraph 1 1. By [OP: please insert date = five years from the entry into force of this Regulation] and every five years thereafter, and after every deactivation of the emergency mode, the Commission shall present a report to the European Parliament and the Council on the functioning of the contingency planning
Amendment 957 #
Proposal for a regulation Article 44 – paragraph 1 1. By [OP: please insert date = five years from the entry into force of this Regulation] and every
Amendment 958 #
Proposal for a regulation Article 44 – paragraph 1 1. By [OP: please insert date = five years from the entry into force of this Regulation] and every
Amendment 959 #
Proposal for a regulation Article 44 – paragraph 1 – point a (new) (a) it shall include an evaluation of the work of the advisory group under the emergency framework established by this Regulation, and its relation to the work of other relevant Union level crisis management bodies;
Amendment 960 #
Proposal for a regulation Article 44 – paragraph 1 – point b (new) (b) it shall include an evaluation of the instrument of resilience assessments as laid down in Article 7a and whether the tools developed and used for the purpose of the mapping of strategic supply chains can be used in the context of other Union law;
Amendment 961 #
Proposal for a regulation Article 44 – paragraph 1 – point c (new) (c) whether the list of criteria for activation of the emergency mode as laid down in Article 13 needs to be reassessed in terms of their effectiveness, application and relevance;
Amendment 962 #
Proposal for a regulation Article 44 – paragraph 1 – point d (new) (d) the social impacts of the system, particularly on cross-border workers;
Amendment 963 #
Proposal for a regulation Article 44 – paragraph 1 – point e (new) (e) it shall review the relationship of the Single Market Emergency Instrument with other instruments provided in other legal acts that intend to address a threat of significant disruption of the supply of goods and services of strategic importance and a crisis in terms of Article 3, paragraph 1 point 3 of this Regulation with a view to establish a harmonised emergency reaction and resilience instrument.
Amendment 964 #
Proposal for a regulation Article 44 – paragraph 2 Amendment 965 #
Proposal for a regulation Article 44 – paragraph 2 Amendment 966 #
Proposal for a regulation Article 45 Amendment 967 #
Proposal for a regulation Article 45 – paragraph 1 Council Regulation (EC) 2679/98 is
Amendment 969 #
Proposal for a regulation Article 46 – paragraph 1 This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
source: 742.649
2023/04/03
EMPL
247 amendments...
Amendment 100 #
Proposal for a regulation Recital 22 (22)
Amendment 101 #
Proposal for a regulation Recital 22 (22) When examining the compatibility of any notified draft or adopted measures with the principle of necessity and proportionality, the Commission should
Amendment 102 #
Proposal for a regulation Recital 22 (22) When examining the compatibility of any notified draft or adopted measures with the principle of proportionality, the Commission should pay due regard to the evolving crisis situation and often limited information that is at the disposal of the Member States when they seek to reduce the emerging risks in the context of the crisis. Where justified and necessary in the circumstances, the Commission may consider based on any available information, including specialised or scientific information, the merits of Member State arguments relying on the precautionary principle as a reason for adoption of restrictions of free movement
Amendment 103 #
Proposal for a regulation Recital 23 (23) In order to ensure that the specific Single Market emergency measures provided for in this Regulation are used only where this is indispensable for responding to a particular Single Market emergency, such measures should require individual activation by means of Commission implementing acts, which indicate the reasons for such activation
Amendment 104 #
Proposal for a regulation Recital 23 (23) In order to ensure that the specific Single Market emergency measures provided for in this Regulation are used only where this is indispensable for responding to a particular Single Market emergency, such measures should require individual activation by means of Commission implementing acts, which indicate the reasons for such activation, the compliance with fundamental human rights and workers' rights and the crisis- relevant goods or services that
Amendment 105 #
Proposal for a regulation Recital 24 (24) Furthermore, in order to ensure the proportionality of the implementing acts and
Amendment 106 #
Proposal for a regulation Recital 24 (24) Furthermore, in order to ensure the proportionality of the implementing acts and due respect for the autonomy of social partners and the role of economic operators in crisis management, the Commission should only resort to the activation of the Single Market emergency mode, where economic operators are not able to provide a solution on a voluntary
Amendment 107 #
Proposal for a regulation Recital 24 (24) Furthermore, in order to ensure the proportionality of the implementing acts and due respect for the autonomy of social partners and the role of economic operators in crisis management, the Commission should only resort to the activation of the Single Market emergency mode, where economic operators are not able to provide a solution on a voluntary basis within a reasonable time. Why this is the case should be indicated in each such act, and in relation to all particular aspects of a crisis.
Amendment 108 #
Proposal for a regulation 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
Amendment 109 #
Proposal for a regulation 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
Amendment 110 #
Proposal for a regulation 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
Amendment 111 #
Proposal for a regulation 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
Amendment 112 #
Proposal for a regulation 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 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, the advisory group and the European Parliament as to the severity of the shortage and the type of the crisis- relevant goods or services that are needed and would provide
Amendment 113 #
Proposal for a regulation Recital 32 (32) Additionally, to ensure that crisis- relevant goods are available during the Single Market emergency, the Commission may invite the economic operators that operate in crisis-relevant supply chains to prioritise the orders of inputs necessary for the production of final goods that are crisis relevant, or the orders of such final goods themselves. Should an economic operator refuse to accept and prioritise such orders, following objective evidence that the availability of crisis-relevant goods is indispensable, the Commission may decide to invite the economic operators concerned to accept and prioritise certain orders, the fulfilment of which will then take precedence over any other private or public law obligations. In the event of failure to accept, the operator in question should explain its legitimate reasons for declining the request. The Commission may make such reasoned explanation or parts of it public, with due regard to business confidentiality. When there are consequences for workers, both in terms of working conditions and increases and decreases in activity, trade unions of the companies and sector concerned should be able to participate fully in the process, in addition to being informed and consulted before the decision to redirect production is taken and throughout the implementation phase. Workers who at the end of this process would change job position should be consulted, supported and trained and be entitled to compensation, including financial ones. Workers' occupational health and safety must in all cases remain the priority for all economic operators and public authorities.
Amendment 114 #
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 and the protection of workers exercising this right, for establishing a list of individual targets (quantities and deadlines) for those strategic reserves that the Member States should maintain, so that the objectives of the initiative are achieved. Furthermore, implementing powers should be conferred on the Commission as regards 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.
Amendment 115 #
Proposal for a regulation Recital 36 (36) This Regulation respects fundamental rights and observes the principles recognised in particular by the European Social Charter and the Charter of Fundamental Rights of the European Union (the ‘Charter’), notably everyone’s right to liberty and security of person, as enshrined in Article 6. In particular, it respects the right to privacy
Amendment 116 #
Proposal for a regulation 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’) and the right to liberty and security of person (Article 6). 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 choose an occupation and right to engage in work as protected by Article 15 of the Charter the freedom to conduct business and the freedom of contract, which are protected by Article 16 of the Charter, the right to property, protected by Article 17 of the Charter, right to collective bargaining and action protected by Article 26 of the Charter as well as the right to strike and 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
Amendment 117 #
Proposal for a regulation Recital 36 (36) This Regulation
Amendment 118 #
Proposal for a regulation 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
Amendment 119 #
Proposal for a regulation Recital 38 (38) The Union framework shall include interregional elements to establish coherent, multi-sectoral, cross-border Single Market vigilance and emergency response measures, in particular considering the resources, capacities and vulnerabilities across neighbouring regions, specifically border regions, with a special focus on workers' rights and working conditions of cross-border and frontier workers.
Amendment 120 #
Proposal for a regulation Recital 38 (38) The Union framework shall include interregional elements to establish coherent, multi-sectoral, cross-border Single Market vigilance and emergency response measures, in particular considering the resources, capacities and
Amendment 121 #
Proposal for a regulation Article 1 – paragraph 1 1. This Regulation establishes a framework of measures to anticipate, prevent, 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, the functioning of the labour market, mobile and cross-border workers’ safety when exercising free movement, a high level of environmental, social and consumer protection and of ensuring the availability of goods and services of strategic importance and crisis-
Amendment 122 #
Proposal for a regulation Article 1 – paragraph 1 1. The aim of this Regulation
Amendment 123 #
Proposal for a regulation Article 1 – paragraph 1 1. This Regulation establishes a framework of measures to anticipate, prepare for and
Amendment 124 #
Proposal for a regulation Article 1 – paragraph 2 – point c (c) contingency measures aiming at anticipation, preparing, preventing and planning;
Amendment 125 #
Proposal for a regulation Article 1 – paragraph 2 a (new) 2 a. This Regulation shall not in any way affect the exercise of fundamental rights as recognised in the Member States and at Union level, including the right or freedom to strike or to take other action covered by the specific industrial relations systems in Member States, in accordance with national law and/or practice. Nor does it affect the right to negotiate, to conclude and enforce collective agreements, or to take collective action in accordance with national law and/or practice.
Amendment 126 #
Proposal for a regulation Article 1 – paragraph 2 a (new) 2 a. This Regulation shall not in any way affect the exercise of fundamental rights as recognised in the Member States and at Union level, including the right or freedom to strike or to take other action covered by the specific industrial relations systems in Member States, in accordance with national law and/or practice. Nor does it affect the right to negotiate, to conclude and enforce collective agreements, or to take collective action in accordance with national law and/or practice.
Amendment 127 #
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. The European Parliament shall have access to all information and documents and obtain them at the same time as the Council.
Amendment 128 #
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, with the advisory group, the European Parliament and with the Commission.
Amendment 129 #
Proposal for a regulation Article 1 a (new) Article 1 a General principles 1. In order to ensure fulfilment of the obligations arising from the Treaty, and, in particular, to ensure the proper functioning of the internal market, Member States shall, on the one hand, abstain from adopting measures or engaging in conduct liable to constitute an obstacle to trade and, on the other hand, take all necessary and proportionate measures with a view to facilitating the free movement of goods, services and persons in their territory. A Member State on the territory of which obstacles to the free movement of goods, services or persons occur shall take all necessary and proportionate measures to restore as soon as possible the free movement in their territory in order to avoid the risk that the disruption or loss in question will continue, increase or intensify and that there may be a breakdown in trade and in the contractual relations which underlie it. The Member State shall inform the Commission and, if requested, other Member States of the measures it has taken or intends to take in order to fulfil this objective. 2. This Regulation shall not be interpreted as affecting in any way the exercise of fundamental rights as recognised in Member States, including the right or freedom to strike. These rights may also include the right or freedom to take other actions covered by the specific industrial relations systems in Member States.
Amendment 130 #
Proposal for a regulation Article 2 – paragraph 1 1. The measures set out in this Regulation apply in relation to significant impacts of a crisis on the functioning of the Single Market and its supply chains, while fully respecting and safeguarding fundamental human rights as laid down in the European Social Charter and the Charter of Fundamental Rights of the European Union..
Amendment 131 #
Proposal for a regulation Article 2 – paragraph 1 1. The measures set out in this Regulation apply in relation to significant impacts of a crisis on the functioning of the Single Market
Amendment 132 #
Proposal for a regulation Article 2 – paragraph 1 a (new) 1 a. This Regulation shall not in any way affect the exercise of fundamental rights as recognised in the Member States and at Union level, including the right or freedom to strike or to take other action covered by the specific industrial relations systems in Member States, in accordance with national law and/or practice. Nor does it affect the right to negotiate, to conclude and enforce collective agreements, or to take collective action in accordance with national law and/or practice.
Amendment 133 #
Proposal for a regulation Article 2 – paragraph 7 7. Any actions under this Regulation shall be consistent with Union’s obligations under international law, including human rights and workers' rights obligations of the Union and its Member States resulting from international human rights instruments.
Amendment 134 #
Proposal for a regulation Article 2 – paragraph 7 7. Any actions under this Regulation shall be consistent with Union’s obligations under international law, including human rights obligations of the Union and its Member States as they result from international human rights instruments.
Amendment 135 #
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, with the exclusion of collective actions, that takes place inside or outside of the Union and results or risks to result in a significant disruption of the supply of goods and services; Neither the exercise of fundamental rights, nor the rights in itself, can ever be considered constituent elements of a crisis;
Amendment 136 #
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 detrimental impact on the proper functioning of the internal market including free movement of goods, services or persons;
Amendment 137 #
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 creates or risks creating a significant adverse impact on the free movement of goods, services or persons on the Single Market;
Amendment 138 #
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, with the exclusion of collective actions, that takes place inside or outside of the Union;
Amendment 139 #
Proposal for a regulation Article 3 – paragraph 1 – point 2 (2) ‘Single Market vigilance mode’ means a framework for addressing a threat of
Amendment 140 #
Proposal for a regulation 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
Amendment 141 #
Proposal for a regulation Article 3 – paragraph 1 – point 3 (3) ‘Single Market emergency’ means a wide-ranging impact of a crisis on the Single Market, with the exception of the exercise of fundamental rights, including collective actions , that severely disrupts the free movement on the Single Market or the functioning of the supply chains that are indispensable in the maintenance of vital societal or economic activities in the Single Market;
Amendment 142 #
Proposal for a regulation Article 3 – paragraph 1 – point 3 (3) ‘Single Market emergency’ means a wide-ranging impact of a crisis on the Single Market that severely disrupts the free movement of goods, services or persons on the Single Market or the functioning of
Amendment 143 #
Proposal for a regulation Article 3 – paragraph 1 – point 4 (4) ‘
Amendment 144 #
Proposal for a regulation Article 3 – paragraph 1 – point 4 (4) ‘
Amendment 145 #
Proposal for a regulation Article 3 – paragraph 1 – point 5 (5) ‘goods and services of strategic importance’ means goods and services that are indispensable for ensuring the functioning of the Single Market in strategically important areas and which cannot be substituted or diversified in a timely manner;
Amendment 146 #
Proposal for a regulation Article 3 – paragraph 1 – point 5 (5) ‘goods and services of
Amendment 147 #
Proposal for a regulation Article 3 – paragraph 1 – point 5 (5) ‘goods and services of
Amendment 148 #
Proposal for a regulation Article 3 – paragraph 1 – point 7 (7) ‘
Amendment 149 #
Proposal for a regulation Article 3 – paragraph 1 – point 7 a (new) (7 a) ‘economic operator’ means the manufacturer, the authorised representative, the importer and the distributor as defined in Regulation 765/2008/EC or a provider who offers or provides a service as defined in Directive 2006/123/EC;
Amendment 150 #
Proposal for a regulation Article 4 – paragraph 2 2. The advisory group shall be composed of one representative from each Member State. Each Member State shall nominate a representative and an alternate representative. Cross-industry social partner organisations at Union level may designate four representatives to the advisory group that will be composed of at least 50% representation of trade union organisations.
Amendment 151 #
Proposal for a regulation Article 4 – paragraph 3 3. The Commission shall chair the advisory group and ensure its secretariat. The
Amendment 152 #
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, representatives of EFTA States that are contracting parties to the Agreement on the European Economic Area49, additionalrepresentatives of trade unions.economic operators, stakeholder organisations
Amendment 153 #
3. The Commission shall chair the advisory group and ensure its secretariat. The Commission
Amendment 154 #
Proposal for a regulation Article 4 – paragraph 4 – introductory part 4. For the purpose of contingency planning and strengthening the Single Market’s resilience under Articles 6 to 8, the advisory group shall assist and advise the Commission as regards the following tasks:
Amendment 155 #
Proposal for a regulation Article 4 – paragraph 4 – point b (b) assessing
Amendment 156 #
Proposal for a regulation Article 4 – paragraph 4 – point b a (new) (b a) proposing and assessing measures to be taken by the European Commission to strengthen the Single Market’s resilience such as mapping of relevant supply chains with relevant economic operators and technology and stress tests conducted by the European Commission.
Amendment 157 #
Proposal for a regulation Article 4 – paragraph 5 – point c (c) consulting the representatives of trade unions, economic operators, including SMEs, and industry to collect market intelligence
Amendment 158 #
Proposal for a regulation Article 4 – paragraph 5 – point c (c) consulting the representatives of trade unions and economic operators, including SMEs, and industry to
Amendment 159 #
Proposal for a regulation Article 4 – paragraph 5 – point c (c) consulting the representatives of economic operators, including SMEs, and industry to collect market intelligence and understand the impact on the labour market;
Amendment 160 #
Proposal for a regulation Article 4 – paragraph 5 – point c a (new) (c a) consulting the European social partners on the impact of the threat referred to in Article 3(2) on the labour markets of the Member States and the free movement of workers particularly cross- border workers;
Amendment 161 #
Proposal for a regulation 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 162 #
Proposal for a regulation Article 4 – paragraph 5 – point f (f) maintaining a repository of national and Union crisis measures that have been used in previous crises that have had an impact on workers' rights and working conditions as well as in the Single Market and its supply chains
Amendment 163 #
Proposal for a regulation Article 4 – paragraph 6 – point a a (new) (a a) consulting the representatives of economic operators, including SMEs, and industry to collect market intelligence and assess the impact of the emergency as referred to in Article 3(3);
Amendment 164 #
Proposal for a regulation Article 4 – paragraph 6 – point a b (new) (a b) consulting the European social partners on the impact of the emergency on the labour markets of the Member States and the free movement of workers particularly cross-border workers;
Amendment 165 #
Proposal for a regulation Article 4 – paragraph 7 7. The Commission shall ensure the participation of all bodies at Union level that are relevant to the respective crisis. The advisory group shall cooperate and coordinate closely, where appropriate, with other relevant crisis-related bodies at
Amendment 166 #
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. Opinions, recommendations or reports of the advisory group shall be made public without undue delay.
Amendment 167 #
Proposal for a regulation Article 4 – paragraph 9 9. The advisory group
Amendment 168 #
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, which shall be made public without delay.
Amendment 169 #
Proposal for a regulation Article 6 – paragraph 1 – introductory part 1. The Commission taking into consideration the opinion of the advisory group and the input of relevant Union level bodies
Amendment 170 #
Proposal for a regulation Article 6 – paragraph 1 – point c (c) a coordinated approach to risk and crisis communication
Amendment 171 #
Proposal for a regulation Article 6 – paragraph 1 – point c (c) a coordinated approach to risk and crisis communication also vis-à-vis the public and stakeholders with a coordinating role for the Commission;
Amendment 172 #
Proposal for a regulation Article 6 – paragraph 1 a (new) 1 a. Where the Commission, in adopting a delegated act, does not take into consideration the opinion of the advisory group, shall provide a written justification in order to explain the reasons.
Amendment 173 #
Proposal for a regulation Article 6 – paragraph 2 – point b (b) consultation of the representatives of
Amendment 174 #
Proposal for a regulation Article 6 – paragraph 2 – point b (b) consultation of the representatives of economic operators and social partners, including SMEs, on their
Amendment 175 #
Proposal for a regulation Article 6 – paragraph 2 – point b (b) consultation of the representatives of economic operators
Amendment 176 #
Proposal for a regulation Article 6 – paragraph 2 – point b a (new) (b a) Consultation of trade unions on labour market implications as well as the safety, health and rights of workers in the areas of critical importance.
Amendment 177 #
Proposal for a regulation Article 6 – paragraph 2 – point b a (new) (b a) informing the workers representatives on the potential impact on the labour market;
Amendment 178 #
Proposal for a regulation Article 8 – paragraph 3 – point a (a) the number of economic operators affected by the disruption or potential disruption, including possible disruptions of the labour market;
Amendment 179 #
Proposal for a regulation Article 8 – paragraph 3 – point a (a) the number of economic operators and workers affected by the disruption or potential disruption;
Amendment 180 #
Proposal for a regulation Article 8 – paragraph 3 – point a a (new) Amendment 181 #
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 vigilance mode for a maximum duration of six months by means of an implementing act and report such activation to the European Parliament without delay. Such an implementing act shall contain the following:
Amendment 182 #
Proposal for a regulation 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). The Commission shall report any activation of the vigilance mode to the European Parliament and the Council without undue delay.
Amendment 183 #
Proposal for a regulation 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 184 #
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 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. Such extension shall be reported to the European Parliament without delay.
Amendment 185 #
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 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 186 #
Proposal for a regulation Article 10 – paragraph 2 2. Where the Commission, taking into consideration the opinion provided by the advisory group, finds that the threat referred to in Article 3(2) is no longer present, with respect to some or all vigilance measures or for some or all of the goods and services, it shall deactivate the vigilance mode in full or in part by means of an implementing act. Such deactivation shall be reported to the European Parliament without delay.
Amendment 187 #
Proposal for a regulation Article 11 – paragraph 1 1. When the vigilance mode has been activated in accordance with Article 9, national competent authorities shall
Amendment 188 #
Proposal for a regulation Article 11 – paragraph 1 1. When the vigilance mode has been activated in accordance with Article 9, national competent authorities shall monitor the supply chains of goods and services of strategic importance that have been identified in the implementing act activating the vigilance mode, as well as the compliance with workers' rights and working conditions in the identified strategic areas. Trade unions shall be consulted for this purpose.
Amendment 189 #
Proposal for a regulation Article 11 – paragraph 4 4. On the basis of the inventory set up pursuant to Article 6, national competent authorities shall address requests for
Amendment 190 #
Proposal for a regulation Article 11 – paragraph 6 6. The Commission
Amendment 191 #
7. On the basis of the information collected through the activities carried out in accordance with paragraph 1, the Commission
Amendment 192 #
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),, 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, the European Parliament and the advisory board thereof.
Amendment 193 #
Proposal for a regulation Article 12 – paragraph 6 – subparagraph 2 – subparagraph 1 the Commission may adopt an implementing act, re
Amendment 194 #
Proposal for a regulation Article 13 – paragraph 1 – point a a (new) (a a) when the freedom of movement of persons, goods and/or on services was already or is likely to be severely impacted because of the crisis;
Amendment 195 #
Proposal for a regulation 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 196 #
Proposal for a regulation Article 13 – paragraph 1 – point d (d) the impacts in terms of degree and duration on economic and societal activities, the
Amendment 197 #
Proposal for a regulation Article 13 – paragraph 1 – point d a (new) (d a) the impact on the labour markets of the Member States and the free movement of workers particularly cross- border workers;
Amendment 198 #
Proposal for a regulation Article 13 – paragraph 1 – point f Amendment 199 #
Proposal for a regulation Article 13 – paragraph 1 – point g (g) the geographic area that is and could be affected, including any cross- border impacts on free movement of goods, services or persons or the functioning of supply chains that are indispensable in the maintenance of vital societal or economic activities in the Single Market;
Amendment 200 #
Proposal for a regulation Article 13 – paragraph 1 – point g (g) the geographic area, including border regions, that is and could be affected, including any cross-
Amendment 201 #
Proposal for a regulation Article 13 – paragraph 1 – point h (h) the importance of the
Amendment 202 #
Proposal for a regulation Article 13 – paragraph 1 – point i (i) the absence or shortages of substitute goods, inputs or services.
Amendment 203 #
Proposal for a regulation 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) (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 205 #
Proposal for a regulation Article 14 – paragraph 2 2. Where the Commission, taking into 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. The Commission shall inform the European Parliament of such proposal without delay.
Amendment 206 #
Proposal for a regulation Article 14 – paragraph 5 5. As soon as the Single Market emergency mode is activated, the Commission shall, in consultation with the advisory group including relevant stakeholders, without delay, adopt a list of crisis-relevant goods and services and sectors that are notably depending on mobile workers by means of an implementing act. The list may be amended by means of implementing acts.
Amendment 207 #
Proposal for a regulation Article 14 – paragraph 5 5. As soon as the Single Market emergency mode is activated, the Commission shall, without delay, consult the advisory group and 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.
Amendment 208 #
Proposal for a regulation Part IV – title II – Chapter I – title I Measures for
Amendment 209 #
Proposal for a regulation Article 16 – title 16
Amendment 210 #
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, as well as fundamental human rights and workers' rights and, in particular, with the requirements laid down in this Article.
Amendment 211 #
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 are justified, proportionate and in full
Amendment 212 #
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 fundamental rights and the requirements laid down in this Article.
Amendment 213 #
Proposal for a regulation Article 16 – paragraph 1 1. Whe
Amendment 214 #
Proposal for a regulation Article 16 – paragraph 2 2. Any restriction shall be
Amendment 215 #
Proposal for a regulation Article 16 – paragraph 2 2. Any restriction shall be limited in time and removed as soon as the situation allows it. Additionally, any restriction should take into account the situation of border regions and mobile workers, especially for cross-border and frontier workers.
Amendment 216 #
Proposal for a regulation Article 16 – paragraph 2 2. Any restriction shall be limited in time, regularly reviewed and removed as soon as the situation
Amendment 217 #
Proposal for a regulation Article 16 – paragraph 2 2. Any restriction shall be limited in time and removed as soon as the situation allows it. Additionally, any restriction should take into account the situation of border regions and their cross-border and mobile workers.
Amendment 218 #
Proposal for a regulation Article 16 – paragraph 3 Amendment 219 #
3. Any requirement imposed on citizens
Amendment 220 #
Proposal for a regulation Article 16 – paragraph 3 3. Any requirement imposed on citizens, workers and businesses shall not create an undue or unnecessary administrative burden.
Amendment 221 #
Proposal for a regulation Article 16 – paragraph 3 3. Any requirement imposed on citizens, workers and businesses shall not create an undue or unnecessary administrative burden.
Amendment 222 #
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
Amendment 223 #
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 so as to ensure legal certainty and facilitate cross- border coordination in close cooperation with social partners at national and local level.
Amendment 224 #
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 timely, clear and unambiguous manner. In that sense, Member States shall cooperate with trade unions at local and national levels.
Amendment 225 #
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. The information provided is made public and easily accessible electronically.
Amendment 226 #
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, as well as the foreseen timeline for its deactivation. Member States shall
Amendment 227 #
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, including communication with social partners and international partners. Social partners shall be duly involved in the elaboration and implementation of measures with an impact on labour mobility.
Amendment 228 #
Proposal for a regulation Article 16 – paragraph 5 5. Member States shall ensure that all
Amendment 229 #
Proposal for a regulation Article 17 – title 17 Prohibited restrictions of free movement rights including during a Single Market emergency
Amendment 230 #
Proposal for a regulation Article 17 – paragraph 1 – introductory part 1.
Amendment 231 #
Proposal for a regulation Article 17 – paragraph 1 – point -a (new) (-a) restrictions on the free movement of Union citizens and their family members and of third-country nationals legally staying or residing in the territories of Member States, as well as of refugees and beneficiaries of international protection, or other measures having equivalent effect, that: (i) restrict the freedom of movement on grounds of public policy, public security or public health without individual risk assessment or (ii) are directly discriminatory based on the nationality of the person.
Amendment 232 #
Proposal for a regulation Article 17 – paragraph 1 – point c (c) discrimination between Member States or between citizens, including in their role as service providers or workers, based directly on EU nationality or, in the case of EU companies, the location of the registered office, central administration or principal place of business;
Amendment 233 #
Proposal for a regulation Article 17 – paragraph 1 – point c (c) discrimination between Member States or between citizens, including in their role as service providers or workers, based directly or indirectly on nationality or, in the case of companies, the location of the registered office, central administration or principal place of business;
Amendment 234 #
Proposal for a regulation Article 17 – paragraph 1 – point d – introductory part (d) restrictions on the free movement of persons involved in the production of crisis-relevant goods that are listed in an implementing act adopted pursuant to Article 14, paragraph 5 and their parts or in provision of crisis-relevant services that are listed in an implementing act adopted pursuant to Article 14 paragraph 5 or which are essential to the functioning of the relevant sectors, or other measures having equivalent effect, that:
Amendment 235 #
Proposal for a regulation Article 17 – paragraph 1 – point d – introductory part (d) restrictions on the free movement of persons involved in the production of crisis-relevant goods that are listed in an implementing act adopted pursuant to Article 14, paragraph 5 and their parts or in provision of crisis-relevant services that are listed in an implementing act adopted pursuant to Article 14 paragraph 5 or which are essential to the functioning of the relevant sectors, or other measures having equivalent effect, that:
Amendment 236 #
Proposal for a regulation Article 17 – paragraph 1 – point d – point ii (ii) are directly or indirectly discriminatory based on nationality of the person.
Amendment 237 #
Proposal for a regulation Article 17 – paragraph 2 – introductory part 2.
Amendment 238 #
Proposal for a regulation Article 17 – paragraph 3 – introductory part 3.
Amendment 239 #
Proposal for a regulation Article 17 – paragraph 4 – introductory part 4.
Amendment 240 #
Proposal for a regulation Article 17 – paragraph 4 – point a (a) applying of more generous rules to
Amendment 241 #
Proposal for a regulation 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 242 #
Proposal for a regulation Article 17 – paragraph 4 – point b (b) denying, to beneficiaries of the
Amendment 243 #
Proposal for a regulation Article 17 – paragraph 4 – point d (d) imposing prohibitions on travel, including travel for imperative family reasons, which are not
Amendment 244 #
Proposal for a regulation Article 17 – paragraph 4 – point d (d) imposing prohibitions on travel, including travel for imperative family reasons, which are not
Amendment 245 #
Proposal for a regulation Article 17 – paragraph 4 – point e (e) imposing restrictions on workers and service providers and their representatives
Amendment 246 #
Proposal for a regulation Article 17 – paragraph 4 – point e (e) imposing restrictions on workers and service providers and their representatives, 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 with due regard to mobile and cross border workers, in particular those in employment and professions which require on-location work.
Amendment 247 #
Proposal for a regulation 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 248 #
Proposal for a regulation Article 17 – paragraph 4 – point e (e) imposing restrictions on workers and service providers and their representatives, 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, always respecting the workers' right to health.
Amendment 249 #
(e) imposing restrictions on workers and service providers and their representatives, unless to do so in inherent to the nature of the crisis/Single Market emergency and it does not
Amendment 250 #
Proposal for a regulation Article 17 – paragraph 5 5. When a Single Market emergency has been activated in accordance with Article 14 and the activities exercised by the service providers, business representatives and workers are not affected by the crisis in
Amendment 251 #
Proposal for a regulation Article 17 – paragraph 6 – introductory part 6. When a Single Market emergency has been activated in accordance with Article 14 and exceptional circumstances resulting from the crisis do not allow all service providers, business representatives and workers from other Member States to travel and to have unhindered access to their place of activity or workplace, but travelling is still possible, Member States shall not impose travel restrictions, on the following categories of persons, provided that their health and safety can be ensured on the basis of equal treatment with persons in a comparable situation in the relevant sector of the receiving Member State:
Amendment 252 #
Proposal for a regulation Article 17 – paragraph 6 – introductory part 6. When a Single Market emergency has been activated in accordance with Article 14 and exceptional circumstances resulting from the crisis do not allow all service providers, business representatives and workers from other Member States to travel and to have unhindered access to their place of activity or workplace, but travelling is still possible, Member States shall not impose travel restrictions, on the following categories of persons, unless public health and workers' right to health require such restrictions:
Amendment 253 #
Proposal for a regulation Article 17 – paragraph 6 – introductory part 6. When a Single Market emergency has been activated in accordance with Article 14 and exceptional circumstances resulting from the crisis do not allow all service providers, business representatives and workers from other Member States to travel and to have unhindered access to their place of activity or workplace, but travelling is still possible, Member States shall not impose travel restrictions, on the following categories of persons, provided that their safe travel can be ensured:
Amendment 254 #
Proposal for a regulation Article 17 – paragraph 6 – point a (a) Those service providers that provide crisis-relevant services that are listed in an implementing act adopted pursuant to Article 14(5), or business representatives or workers that are involved in production of crisis-relevant goods or provision of crisis-relevant services that are listed in an implementing act adopted pursuant to Article 14(5) including those that are essential to the functioning of the affected sector to allow them to have access to the place of their activities, if activities in the sector concerned are still allowed in the Member State;
Amendment 255 #
Proposal for a regulation Article 17 – paragraph 7 7. When taking the measures referred to in this provision, the Member States shall ensure full compliance with the Treaties and Union law,. including the protection of workers, service providers and business representatives, ensuring they are able to exercise their freedom of movement under safe conditions. Nothing in this provision shall be construed as authorising or justifying restrictions to free movement contrary to the Treaties or other provisions of Union law.
Amendment 256 #
Proposal for a regulation Article 17 – paragraph 7 7. When taking the measures referred to in this provision, the Member States shall ensure full compliance with the Treaties and Union law, especially with workers' rights and working conditions. Nothing in this provision shall be construed as authorising or justifying restrictions to free movement contrary to the Treaties or other provisions of Union law.
Amendment 257 #
Proposal for a regulation Article 18 – paragraph 1 1. During the Single Market emergency mode, the Commission may provide for supportive measures to pre
Amendment 258 #
Proposal for a regulation Article 18 – paragraph 1 1. During the Single Market emergency mode, the Commission may provide for supportive measures to
Amendment 259 #
Proposal for a regulation 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 260 #
Proposal for a regulation Article 18 – paragraph 3 3. The implementing acts referred to in paragraphs 1 and 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 those applicable implementing acts in accordance with the procedure referred to in Article 42(3).
Amendment 261 #
Proposal for a regulation Article 19 – paragraph 1 – subparagraph 1 During the Single Market emergency, Member States shall notify to the Commission any
Amendment 262 #
Proposal for a regulation Article 19 – paragraph 1 – subparagraph 1 During the Single Market emergency, Member States shall notify to the Commission any crisis-relevant draft measures restricting free movement of goods and the freedom to provide services as well as any proposed crisis-relevant restrictions of free movement of persons, including workers together with the reasons for those measures.
Amendment 263 #
Proposal for a regulation Article 19 – paragraph 1 – subparagraph 2 Amendment 264 #
Proposal for a regulation Article 19 – paragraph 2 2. Member States shall provide to the Commission a statement of the reasons which make the enactment of such measure justified and proportionate,
Amendment 265 #
Proposal for a regulation Article 19 – paragraph 2 2. Member States shall provide to the Commission a statement
Amendment 266 #
Proposal for a regulation Article 19 – paragraph 6 6. The Commission shall ensure that workers, citizens and businesses are informed of the notified measures,
Amendment 267 #
Proposal for a regulation Article 19 – paragraph 6 6. The Commission shall ensure that citizens
Amendment 268 #
Proposal for a regulation Article 19 – paragraph 6 6. The Commission shall ensure that citizens
Amendment 269 #
Proposal for a regulation Article 19 – paragraph 6 6. The Commission shall ensure that citizens, workers and businesses are informed of the notified measures, unless Member States
Amendment 270 #
Proposal for a regulation Article 19 – paragraph 8 8. Within 10 days from the date of receipt of the notification, the Commission shall examine the compatibility of any draft or adopted measure with Union law, including Articles 16 and 17 of this Regulation as well as the principles of proportionality and non-discrimination, and may provide comments on the notified measure when there are immediately obvious and serious grounds to believe that it does not comply with Union law. Such comments shall be taken into account by the notifying Member State. In exceptional circumstances, in particular to receive scientific advice, evidence or technical expertise in the context of an evolving situation, the period of 10 days may be extended by the Commission. The Commission shall set out the reasons justifying any such extension, which cannot exceed five extra days, shall set a new deadline and shall inform the Member States about the new deadline and the reasons for the extension without delay.
Amendment 271 #
Proposal for a regulation Article 19 – paragraph 10 10. The notifying Member State shall communicate the measures it intends to adopt in
Amendment 272 #
Proposal for a regulation Article 19 – paragraph 11 11. If the Commission finds that the measures communicated by the notifying Member State are still not in accordance with Union law, it may issue within
Amendment 273 #
Proposal for a regulation Article 19 – paragraph 12 12. If the Commission finds that an already adopted measure that has been
Amendment 274 #
Proposal for a regulation Article 19 – paragraph 13 13. The period of 30 days referred to in paragraphs 11 and 12 may be exceptionally extended by the Commission in order to take account of a change of circumstances, in particular to receive scientific advice, evidence or technical expertise in the context of an evolving situation. The Commission shall set out the reasons justifying any such extension
Amendment 275 #
Proposal for a regulation Article 19 – paragraph 13 13. The period of
Amendment 276 #
Proposal for a regulation Article 21 – paragraph 1 – introductory part 1. Member States shall operate national single points of contact that shall provide citizens, civil society organizations, consumers, economic operators and workers and their representatives with the following assistance:
Amendment 277 #
Proposal for a regulation Article 21 – paragraph 1 – point b a (new) (b a) assistance in dissemination of information to businesses, consumers and workers by closely cooperating with stakeholders at national and local level such as social partners and consumer organisations.
Amendment 278 #
Proposal for a regulation Article 21 – paragraph 2 2. Member States shall ensure that it is possible for citizens, consumers, civil society organisations, 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 and shall be accessible to persons with disabilities. It shall also be easily accessible at a distance and by electronic means and shall be kept up to date.
Amendment 279 #
Proposal for a regulation Article 21 – paragraph 2 a (new) 2 a. Members States shall inform and collaborate with trade unions while putting in place such information system.
Amendment 280 #
Proposal for a regulation Article 22 – paragraph 2 – introductory part 2. The Union level single point of contact shall provide citizens, civil society organizations, consumers, economic operators, workers and their representatives with the following assistance:
Amendment 281 #
Proposal for a regulation Article 22 – paragraph 2 – point a (a) assistance in requesting and obtaining information as regards Union level and other Member States' crisis response measures that are relevant to the activated Single Market emergency or which affect the exercise of the free movement of goods, services, persons and workers;
Amendment 282 #
Proposal for a regulation Article 24 – paragraph 3 – introductory part 3. The information requests referred to in paragraph 1 may concern the following
Amendment 283 #
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 shall give the economic operator concerned as well as trade unions and any parties demonstrably affected by the potential priority rated order, the opportunity to
Amendment 284 #
Proposal for a regulation Article 27 – paragraph 3 3. Where the economic operator to which the decision referred to in paragraph 2 is addressed accepts the requirement to accept and prioritise the orders specified in the decision, that obligation shall take precedence over any performance obligation under private or public law. Accepting priority orders shall not in any circumstances be used to undermine or circumvent workers' rights or working conditions.
Amendment 285 #
Proposal for a regulation Article 28 – paragraph 2 Amendment 286 #
Proposal for a regulation Article 28 – paragraph 3 3. Fines imposed in the cases referred to in paragraph 1 (c) shall not
Amendment 287 #
Proposal for a regulation Article 33 – paragraph 2 – point c (c) aiming at accelerating permitting of crisis-relevant goods fully respecting social and environmental legislation.
Amendment 288 #
Proposal for a regulation 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
Amendment 289 #
Proposal for a regulation Article 35 – paragraph 1 1. The agreement [referred to in Article 34(3) shall establish a negotiating mandate 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 290 #
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
Amendment 291 #
Proposal for a regulation Article 39 a (new) Article 39 a Non regression clause 1. This Regulation is without prejudice to existing national participation rights of social partners, that provide more favourable provisions. 2. This Regulation does not affect labour law, that is any legal or contractual provision concerning employment conditions, working conditions, including health and safety at work and the relationship between employers, workers and their representatives, which Member States apply in accordance with national law which respects Union law. Equally, this Regulation does not affect the social security legislation of the Member States.
Amendment 292 #
Proposal for a regulation Article 39 a (new) Amendment 293 #
Proposal for a regulation Article -40 (new) Article -40 Non regression clause 1. This Regulation is without prejudice to existing national participation rights of social partners, that provide more favourable provisions. 2. This Regulation does not affect labour law, that is any legal or contractual provision concerning employment conditions, working conditions, including health and safety at work and the relationship between employers, workers and their representatives, which Member States apply in accordance with national law which respects Union law. Equally, this Regulation does not affect the social security legislation of the Member States.
Amendment 47 #
Proposal for a regulation Title 1 Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL establishing a
Amendment 48 #
Proposal for a regulation 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, businesses, workers and consumers can be severely affected by such crises, and 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 response to such impacts. In many cases distorted as well as crisis-relevant sectors depended on cross-border and mobile workers. These workers played an essential role at the frontline of the crisis, but were often left behind without adequate protection when exercising their freedom of movement.
Amendment 49 #
Proposal for a regulation 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
Amendment 50 #
Proposal for a regulation 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
Amendment 51 #
Proposal for a regulation Recital 1 (1) Past crises, especially the early days of the COVID-19 pandemic, have shown that the internal market
Amendment 52 #
Proposal for a regulation 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) (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 (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
Amendment 55 #
Proposal for a regulation 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 arrangements between the Member States and Union authorities as well as stakeholders and social partners as regards contingency planning, technical level coordination and cooperation and information exchange. Social partner organisations play a key role in the elaboration and implementation of emergency measures, including when it comes to dissemination of relevant information to workers and economic operators on the ground.
Amendment 56 #
Proposal for a regulation Recital 3 (3) Actions by the Commission were delayed by several weeks due to the lack of any Union wide contingency planning measures and ofclarity 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 arrangements between the Member States and Union authorities as regards contingency planning, technical level coordination and cooperation and information exchange; trade unions played an essential role to protect workers' rights during the implementation of such measures and should be able to participate fully in their design and implementation .
Amendment 57 #
Proposal for a regulation 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
Amendment 58 #
Proposal for a regulation 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
Amendment 59 #
Proposal for a regulation Recital 3 a (new) (3 a) Social partners played a key role in supporting coordination efforts in particular as regards the dissemination of relevant information to workers and economic operators on the ground, as well as by addressing challenges arising from a Single Market Emergency through collective bargaining. Therefore, in order to safeguard incentives for social partners to negotiate and take responsibility for well-functioning labour markets also in times of crisis, it is crucial to ensure that all relevant legislation leaves sufficient room of manoeuvre for equal national social partners to adapt, complement or deviate from legislation by way of autonomous collective bargaining;
Amendment 60 #
Proposal for a regulation Recital 4 (4) Representative organisations of trade unions and economic operators have suggested that
Amendment 61 #
Proposal for a regulation Recital 4 (4) Representative organisations of economic operators, as well as social partners, have suggested that economic operators and workers did not have sufficient information on the crisis response measures of the Member States during the pandemics, partly due to not knowing where to obtain such information, partly due to language constraints and the administrative burden implied in making repeated inquiries in all the Member States, especially in a constantly changing regulatory environment. This prevented them from making informed business decisions as to what extent they may rely on their free movement rights and/or continue cross-border business operations during the crisis. It is necessary to improve the availability of information on national and Union level crisis response measures, but most of all it is crucial that Member States refrain from imposing restrictions on free movement at any time.
Amendment 62 #
Proposal for a regulation Recital 4 (4) Representative organisations of economic operators and social partners have suggested that economic operators and wokers did not have sufficient information on the crisis response measures of the Member States during the pandemics, partly due to not knowing where to obtain such information, partly due to language constraints and the administrative burden implied in making repeated inquiries in all the Member States, especially in a constantly changing regulatory environment. This prevented them from making informed business decisions as to what extent they may rely on their free movement rights or continue cross-border business operations during the crisis. It is necessary to improve the availability of information on national and Union level crisis response measures
Amendment 63 #
Proposal for a regulation 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 known which kind of crises could come up next and produce severe impacts on the Single Market
Amendment 64 #
Proposal for a regulation 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
Amendment 65 #
Proposal for a regulation 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
Amendment 66 #
Proposal for a regulation 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 known which kind of crises could come up next and produce severe impacts on the Single Market and its supply chains in the future,
Amendment 67 #
Proposal for a regulation Recital 6 (6) The impact of a crisis on the Single Market can be two-fold. On the one hand, a crisis can lead to obstacles to free movement within the Single Market, thus disrupting its normal functioning. On the other hand, a crisis can amplify shortages of crisis-relevant goods and services on the Single Market. The Regulation should address both types of impacts on the Single Market, without ever impeding or impact the right to take collective action as a fundamental workers' right.
Amendment 68 #
Proposal for a regulation Recital 7 (7) Since any specific aspects of future crises that would impact the Single Market and its supply chains are hard to predict, this Regulation should provide for a general framework for anticipating, preventing, preparing for, mitigating and minimising the negative impacts which any crisis may cause on the Single Market and its supply chains
Amendment 69 #
Proposal for a regulation Recital 7 (7) Since any specific aspects of future crises that would impact the Single Market
Amendment 70 #
Proposal for a regulation Recital 7 (7) Since any specific aspects of future crises that would impact the Single Market and its supply chains are hard to predict, this Regulation should provide for a general framework for anticipating, preparing for, mitigating and minimising the negative impacts which any crisis may cause on the Single Market
Amendment 71 #
Proposal for a regulation Recital 8 (8) The framework of measures set out under this Regulation should be deployed in a coherent, transparent, efficient, proportionate and timely manner, having due regard to the need to maintain vital societal functions, meaning including public security, public safety, public order, or public health while respecting
Amendment 72 #
Proposal for a regulation Recital 8 (8) The framework of measures set out
Amendment 73 #
Proposal for a regulation Recital 9 – indent 1 — the necessary means to ensure the continued functioning of the Single Market, the businesses that operate on the Single Market and its strategic supply chains, including the free circulation of goods, services and persons in times of crisis and the availability of crisis relevant goods and services to citizens, businesses and public authorities
Amendment 74 #
Proposal for a regulation Recital 9 – indent 1 — the necessary means to ensure the continued functioning of the Single Market, the businesses that operate on the Single Market and its strategic supply chains, including the free circulation of goods, services and persons in times of crisis, the protection of workers' rights and working conditions and the availability of crisis relevant goods and services to citizens, businesses and public authorities at the time of crisis;
Amendment 75 #
Proposal for a regulation Recital 9 – indent 1 — the necessary means to ensure the continued functioning of the Single Market
Amendment 76 #
Proposal for a regulation 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 77 #
Proposal for a regulation 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 78 #
Proposal for a regulation 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 79 #
Proposal for a regulation 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 80 #
Proposal for a regulation Recital 9 – indent 3 — the means for the timely accessibility and availability of the information which is needed for a targeted response and adequate
Amendment 81 #
Proposal for a regulation Recital 10 (10) Where possible, this Regulation
Amendment 82 #
Proposal for a regulation Recital 17 (17) Article 21 TFEU lays down the right of EU citizens to move and reside freely within the territory of the Member States, subject to the limitations and conditions laid down in the Treaties and the measures adopted to give them effect. The detailed conditions and limitations are laid down in Directive 2004/38/EC. This Directive sets out the general principles applicable to these limitations and the grounds that may be used to justify such measures.
Amendment 83 #
Proposal for a regulation Recital 18 (18) As regards the measures for
Amendment 84 #
Proposal for a regulation 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
Amendment 85 #
Proposal for a regulation 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 pre
Amendment 86 #
Proposal for a regulation 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 reinforce preserve free movement of persons, increase transparency and provide administrative assistance during Single Market emergencies while ensuring the safety of workers exercising their freedom of movement especially also in times of crisis. 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 87 #
Proposal for a regulation Recital 19 (19) Article 45 TFEU lays down the right to free movement of workers without any discrimination based on nationality, 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 pre
Amendment 88 #
Proposal for a regulation 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) (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 90 #
Proposal for a regulation Recital 20 (20)
Amendment 91 #
Proposal for a regulation Recital 20 (20) The free movement of goods, services and persons is established in the Treaties and constitutes a key principle of the European Union. Therefore, these freedoms should always be upheld. If Member States nevertheless adopt measures affecting free movement of goods, services or person
Amendment 92 #
Proposal for a regulation 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 fundamental human rights as well as the principles of proportionality and non- discrimination and should take into consideration the particular situation of border regions. To ensure the equal treatment of workers when exercising their freedom of movement, Member States should allow mobile and cross- border workers to continue crossing their borders to reach their workplace if work in the sector concerned is still allowed in the receiving Member State.
Amendment 93 #
Proposal for a regulation 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 94 #
Proposal for a regulation Recital 20 (20) If Member States adopt measures affecting free movement of goods or persons, goods or the freedom to provide
Amendment 95 #
Proposal for a regulation Recital 20 a (new) (20 a) In the light of digitalisation and its cross-border impacts on the Single Market and the Union labour market, consideration needs to be given to teleworking arrangements. In particular in cases of restrictions to the free movement of workers, special attention should be paid to the question of whether cross-border and mobile workers in certain sectors and occupations are able to carry out their tasks remotely. In order to avoid discrimination, workers for whom cross-border telework is not feasible, for example due to the nature of their tasks and responsibilities, should not be subject to undue restrictions to their freedom of movement as long as their health and safety can be ensured on the basis of equal treatment with local workers active in the relevant sector in the receiving Member State.
Amendment 96 #
Proposal for a regulation Recital 20 a (new) (20 a) In cases of restrictions to the free movement of workers, teleworking options should be set up when possible, particularly when it affects cross-border and frontier workers. When such options are not possible due to the nature of their tasks, workers' right to health and safety should be prioritised.
Amendment 97 #
Proposal for a regulation 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. If workers' rights and working conditions are affected by the activation, trade unions should be informed and consulted, as well as be able to participate in the decision-making.
Amendment 98 #
Proposal for a regulation 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 99 #
Proposal for a regulation Recital 21 (21) The activation of the Single Market emergency mode should trigger an obligation for the Member States
source: 745.386
2023/04/27
ITRE
179 amendments...
Amendment 100 #
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 and disrupts the functioning of the Single Market and the free movement of goods, services, capital, persons, and data;
Amendment 101 #
Proposal for a regulation Article 3 – paragraph 1 – point 2 (2) ‘Single Market vigilance mode’ means a framework for addressing a threat of significant disruption of the supply and free movement of goods and services
Amendment 102 #
Proposal for a regulation Article 3 – paragraph 1 – point 5 Amendment 103 #
Proposal for a regulation Article 3 – paragraph 1 – point 7 Amendment 104 #
Proposal for a regulation Article 3 – paragraph 1 – point 7 a (new) (7a) ‘economic operator’ means the manufacturer, the authorised representative, the importer, the distributor, the service provider or any other natural or legal person who is subject to obligations in relation to the provision of a service or the manufacture of products, making them available on the market or putting them into service;
Amendment 105 #
Proposal for a regulation Article 3 a (new) Article3a Emergency and Resilience Dialogue In order to enhance the dialogue between the institutions of the Union, in particular the European Parliament, the Council and the Commission, in relation to resilience and the effective response to crises and to ensure greater transparency and accountability, the competent committee of the European Parliament may invite the President of the Council and Commission to appear before the committee to discuss: (a) exchanges of information on all matters falling within the scope of this Regulation; (b) opinions, recommendations and reports adopted by the Advisory Group; (c) crisis protocols and their implementation and their affect on industry and notifications of significant incidents; (d) the activation of the vigilance mode, its extension and deactivation, and the vigilance measures pursuant to Part III of this Regulation, and notifications submitted by the Member States during the vigilance mode; (e) the outcome of the internal market protection and resilience assessments report under Article 9 of this Regulation. (f) the activation of the emergency mode, its extension and deactivation, and the measures for upholding, re-establishing and facilitating the free movement of goods, services and persons; (g) priority rated orders pursuant to Article 27 of this Regulation; (h) the procurement of goods and services of strategic importance and crisis-relevant goods; (i) any further initiatives, decisions or measures taken under this regulation. 2. The competent committee of the European Parliament may offer the opportunity to a concerned Member State to participate in an exchange of views. 3. The Council and the Commission shall regularly inform the European Parliament of the application of this Regulation.
Amendment 106 #
Proposal for a regulation Article 4 – paragraph 2 2. The advisory group shall be composed of one representative from each Member State. Each Member State shall nominate a representative and an alternate representative. Cross-industry social partner organisations at Union level may designate four representatives to the advisory group with will be composed of at least 50% representation of trade union organisations.
Amendment 107 #
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, representatives of EFTA States that are contracting parties to the Agreement on the European Economic Area49, additionalrepresentatives of trade unions,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.
Amendment 108 #
Proposal for a regulation Article 4 – paragraph 5 – point c (c) consulting the representatives of trade unions, economic operators, including SMEs, and industry to collect market intelligence
Amendment 109 #
Proposal for a regulation Article 4 – paragraph 5 – point c (c) consulting the representatives of trade unions and economic operators, including SMEs, and industry to collect
Amendment 110 #
Proposal for a regulation Article 4 – paragraph 5 – point f (f) maintaining a repository of national and Union crisis measures that have been used in previous crises that have had an impact on the Single Market and its supply chains and identify strategic supply chains and key goods and services in the internal market that are necessary for the maintenance of vital societal or economic activities of the European industry as part of the single market protection and resilience assessments report in article 9.
Amendment 111 #
Proposal for a regulation Article 4 – paragraph 8 8. The advisory group shall meet at least three times a year. At its first meeting, on a proposal by and in agreement with the Commission, the advisory group shall adopt its rules of procedure. The minutes of the Advisory Group meetings shall be published as soon as they have been approved by the Advisory Group.
Amendment 112 #
Proposal for a regulation Article 4 – paragraph 9 9. The advisory group may adopt opinions, recommendations or reports in the context of its tasks set out in paragraphs 4 to 6. Opinions, recommendations or reports of the advisory group shall be made public without undue delay.
Amendment 113 #
Proposal for a regulation Article 4 – paragraph 9 9. The advisory group may adopt
Amendment 114 #
Proposal for a regulation Article 6 – paragraph 2 – point b (b) consultation of the representatives of trade unions and economic operators and social partners, including SMEs, on their initiatives and actions to mitigate and respond to potential supply chain disruptions and overcome potential shortages of goods and services in the Single Market;
Amendment 115 #
Proposal for a regulation Article 6 – paragraph 2 – point b (b) consultation of the representatives of economic operators and social partners, including SMEs, on their initiatives and actions to mitigate and respond to potential
Amendment 116 #
Proposal for a regulation Article 8 – paragraph 3 – point a (a) the number of economic operators and workers affected by the disruption or potential disruption;
Amendment 118 #
Proposal for a regulation Article 9 – paragraph 1 – introductory part 1. Where
Amendment 119 #
Proposal for a regulation Article 9 – paragraph 1 – introductory part 1. Where the Commission,
Amendment 120 #
Proposal for a regulation Article 9 – paragraph 1 – introductory part 1. Where the Commission, taking into consideration the criteria referred to in Article 8(3) as well as the opinion provided by the advisory group, considers that the threat referred to in Article 3(2) is present, it shall submit a proposal to the European Parliament and the Council to activate the vigilance mode for a maximum duration of six months
Amendment 121 #
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 vigilance mode for a maximum
Amendment 122 #
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 vigilance mode for a maximum duration of six months by means of an implementing act and report such activation to the European Parliament without delay. Such an implementing act shall contain the following:
Amendment 123 #
Proposal for a regulation 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 124 #
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;
Amendment 125 #
Proposal for a regulation Article 9 – paragraph 1 – point a (a) an assessment of the potential impact
Amendment 126 #
Proposal for a regulation Article 9 – paragraph 1 – point a a (new) (aa) estimate of costs and sufficient resources needed to respond to the crisis;
Amendment 127 #
Proposal for a regulation Article 9 – paragraph 1 – point a b (new) (ab) concrete and reliable evidence as regards the necessity and proportionality of the vigilance mood and that the disruptions in question will have a severe impact on the functioning of supply chains that are indispensable in the maintenance of vital societal or economic activities in the Single Market;
Amendment 128 #
Proposal for a regulation Article 9 – paragraph 1 – point a c (new) (ac) where necessary, assessment of complex supply chains that involve several Member States or third countries;
Amendment 129 #
Proposal for a regulation Article 9 – paragraph 1 – point b (b) list of the goods and services of
Amendment 130 #
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.
Amendment 131 #
Proposal for a regulation Article 9 – paragraph 1 a (new) 1a. The Commission, if it considers that the reasons for activating the vigilance mode pursuant to Article 9(1) remain valid, and taking into consideration the opinion provided by the advisory group, may extend the vigilance mode for a maximum duration of six months.
Amendment 132 #
Proposal for a regulation Article 9 – paragraph 1 b (new) 1b. Where there are concrete and reliable evidence that the vigilance mode should be deactivated, the advisory group may adopt an opinion pursuant to Article 4(9) to that effect and communicate it to the Commission. Where the Commission, taking into consideration the opinion provided by the advisory group, finds that the threat referred to in Article 3(2) is no longer present, with respect to some or all vigilance measures or for some or all of the goods and services, it shall deactivate the vigilance mode in full or in part by means of an implementing act in accordance with the examination procedure referred to in Article 42(2).
Amendment 133 #
Proposal for a regulation Article 9 – paragraph 1 c (new) 1c. No later than 6 months following the deactivation of the vigilance mode, the Commission shall present to the Advisory Group a report detailing the result of the different measures adopted to address the Single Market Emergency with a view to draw lessons for possible future crises. Such reports shall be used for the purpose of the review provided for in Article 44.
Amendment 134 #
Proposal for a regulation Article 9 – paragraph 2 Amendment 135 #
Proposal for a regulation Article 9 – paragraph 2 2. The
Amendment 136 #
Proposal for a regulation Article 9 a (new) Article9a 3. The Commission shall transmit the opinion provided by the advisory group that led to the activation of the vigilance mode simultaneously to the European Parliament and the Council without undue delay.
Amendment 137 #
Proposal for a regulation Article 9 b (new) Article9b 4. In order to ensure greater transparency and accountability, the competent committee of the European Parliament may invite the Commission to provide information about the state of play of the vigilance mode.
Amendment 138 #
Proposal for a regulation Article 10 Amendment 139 #
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 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. Such extension shall be reported to the European Parliament without delay.
Amendment 140 #
Proposal for a regulation Article 10 – paragraph 1 1. The Co
Amendment 141 #
Proposal for a regulation Article 10 – paragraph 2 2. Where the Commission, taking into consideration the opinion provided by the advisory group, finds that the threat referred to in Article 3(2) is no longer present, with respect to some or all vigilance measures or for some or all of the goods and services, it shall deactivate the vigilance mode in full or in part by means of an implementing act. Such extension shall be reported to the European Parliament without delay.
Amendment 142 #
Proposal for a regulation Article 10 – paragraph 2 2.
Amendment 143 #
Proposal for a regulation Article 11 – paragraph 1 1. When the vigilance mode has been activated in accordance with Article 9, national competent authorities shall monitor the supply chains of goods and services of strategic importance that have been identified in the implementing act activating the vigilance mode, as well as the compliance with workers' rights and working conditions in the identified strategic areas. Trade unions shall be consulted for this purpose.
Amendment 144 #
Proposal for a regulation Article 12 – title 12
Amendment 145 #
The Commission
Amendment 146 #
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),, 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 give a detailed reason for this identification and for the need to build a reserve and inform the Member States thereof.
Amendment 147 #
Proposal for a regulation Article 12 – paragraph 1 – subparagraph 1 The Commission may, among the goods of strategic importance listed in a
Amendment 148 #
Proposal for a regulation Article 12 – paragraph 1 – subparagraph 1 The Commission may, after consulting the European Parliament and the Council, among the goods of strategic importance listed in a
Amendment 149 #
Proposal for a regulation Article 12 – paragraph 2 – subparagraph 1 – introductory part The
Amendment 150 #
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
Amendment 151 #
Proposal for a regulation Article 12 – paragraph 2 – subparagraph 1 – introductory part The Commission
Amendment 152 #
Proposal for a regulation Article 12 – paragraph 2 – subparagraph 1 – point b a (new) (ba) any potential shortages and plans to increase reserves;
Amendment 153 #
Proposal for a regulation Article 12 – paragraph 2 – subparagraph 1 – point c a (new) (ca) new any options for substitute goods or where relevant services;
Amendment 154 #
Proposal for a regulation Article 12 – paragraph 2 – subparagraph 1 – point d (d) further information that could ensure the availability of such goods
Amendment 155 #
Proposal for a regulation Article 12 – paragraph 2 – subparagraph 1 – point d a (new) (da) shortages of labour force and number of workers or users relying on the availability of such goods or, where relevant, services;
Amendment 156 #
Proposal for a regulation Article 12 – paragraph 2 – subparagraph 1 – point d b (new) (db) complex supply chains that involve several Member States or third countries.
Amendment 157 #
Proposal for a regulation Article 12 – paragraph 2 – subparagraph 2 The implementing act shall specify the goods for which information is to be given, the impact on Member States and the estimated costs.
Amendment 158 #
Proposal for a regulation Article 12 – paragraph 2 – subparagraph 3 Amendment 159 #
Proposal for a regulation Article 12 – paragraph 2 – subparagraph 3 Member States shall report to the Commission the approximate levels of strategic reserves of goods of
Amendment 160 #
Member States shall report to the Commission the levels of strategic reserves of goods of strategic importance held by them
Amendment 161 #
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
Amendment 162 #
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 build up strategic
Amendment 163 #
Proposal for a regulation Article 12 – paragraph 3 3. Taking due account of stocks held or being built up by economic operators on their territory, Member States shall
Amendment 164 #
Proposal for a regulation Article 12 – paragraph 4 Amendment 165 #
Proposal for a regulation Article 12 – paragraph 4 – introductory part 4. Where the building of strategic reserves of goods of strategic importance identified pursuant to paragraph 1 can be rendered more effective by streamlining among Member States, the Commission may draw up and regularly update, by means of implementing acts, a list of individual targets
Amendment 166 #
Proposal for a regulation 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
Amendment 167 #
Proposal for a regulation Article 12 – paragraph 4 – point a (a) the probability and impact of shortages referred in paragraph 1 and measures taken to increase stocks ;
Amendment 168 #
Proposal for a regulation Article 12 – paragraph 4 – point b a (new) (ba) potential negative impact on the free movement of goods, services and persons;
Amendment 169 #
Proposal for a regulation Article 12 – paragraph 4 – point c (c) the costs and potential negative impact for building and maintaining such strategic reserves, both for Member States and for the economic operators, in particular for SMEs.
Amendment 170 #
Proposal for a regulation Article 12 – paragraph 5 Amendment 171 #
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
Amendment 172 #
Proposal for a regulation Article 12 – paragraph 6 Amendment 173 #
Proposal for a regulation Article 12 – paragraph 6 – subparagraph 2 Amendment 174 #
Proposal for a regulation Article 12 – paragraph 6 – subparagraph 2 – introductory part Following such an assessment, where the Commission establishes, supported by
Amendment 175 #
Proposal for a regulation Article 12 – paragraph 6 – subparagraph 2 – introductory part Following such an assessment, where the Commission establishes, supported, by objective data and clear evidence, that
Amendment 176 #
Proposal for a regulation Article 12 – paragraph 6 – subparagraph 2 – point a a (new) (aa) the needs and impact on companies that produce goods/provide services and the related impact (especially on SMEs) will not be disproportionately affected
Amendment 177 #
Proposal for a regulation Article 12 – paragraph 6 – subparagraph 2 – point b (b) access to the concerned good is indispensable to ensure the maintenance of vital societal or economic activities and preparedness for a Single Market emergency
Amendment 178 #
Proposal for a regulation Article 12 – paragraph 6 – subparagraph 2 – point c (c) the Member State concerned has not provided sufficient evidence to
Amendment 179 #
Proposal for a regulation Article 12 – paragraph 6 – subparagraph 2 – point d (d) exceptional circumstances exist
Amendment 180 #
Proposal for a regulation Article 12 – paragraph 6 – subparagraph 2 – subparagraph 1 the Commission may adopt an implementing act, requiring the Member State in question to build up its strategic reserves of the goods concerned
Amendment 181 #
Proposal for a regulation Article 12 – paragraph 7 – subparagraph 1 When acting under this Article, the Commission shall seek to ensure that the building up of strategic reserves does not create
Amendment 182 #
Proposal for a regulation Article 12 – paragraph 7 – subparagraph 1 Amendment 183 #
Proposal for a regulation Article 12 – paragraph 7 – subparagraph 2 The Commission shall take fully into account any public health, safety and national security concerns raised by Member States.
Amendment 184 #
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.
Amendment 185 #
Proposal for a regulation Article 14 – paragraph 2 2. Where the Commission, taking into 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. The Commission shall inform the European Parliament of such proposal without delay.
Amendment 186 #
Proposal for a regulation Article 16 – paragraph 3 Amendment 187 #
Proposal for a regulation Article 16 – paragraph 4 4. Member States shall inform citizens, consumers, businesses, workers and their representatives about measures
Amendment 188 #
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
Amendment 189 #
Proposal for a regulation Article 19 – paragraph 6 6. The Commission shall ensure that workers, citizens and businesses are informed of the notified measures,
Amendment 190 #
Proposal for a regulation Article 21 – paragraph 2 a (new) 2a. Members States shall inform and collaborate with trade unions while putting in place such information system.
Amendment 191 #
Proposal for a regulation Article 27 – paragraph 1 1. The Commission may
Amendment 192 #
Proposal for a regulation Article 27 – paragraph 1 1. The Commission and the Advisory Group, based on its impact assessment, objective and available data, and after providing a detailed justification, as a measure of a last resort, may invite one or more economic operators in crisis-relevant supply chains established in the Union to accept and prioritise certain orders for the production or supply of crisis-relevant goods (‘priority rated order’).
Amendment 193 #
Proposal for a regulation 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 194 #
Proposal for a regulation Article 27 – paragraph 2 2. If an economic operator does not accept and prioritise priority rated orders, the
Amendment 195 #
Proposal for a regulation Article 27 – paragraph 2 2. If an economic operator does not accept and prioritise priority rated orders, the Commission and the Advisory Group may, at its own initiative or at the request of 14 Member States, assess the necessity and proportionality of resorting to priority rated orders
Amendment 196 #
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 decision of the advisory group, 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
Amendment 197 #
Proposal for a regulation Article 27 – paragraph 2 2. If an economic operator does not accept
Amendment 198 #
Proposal for a regulation Article 27 – paragraph 3 3. Where the economic operator to which the decision referred to in paragraph 2 is addressed accepts the requirement to accept and prioritise the orders specified in the decision, that obligation shall take precedence over any performance obligation under private or public law. Accepting priority orders shall not in any circumstances be used to undermine or circumvent workers' rights or working conditions.
Amendment 199 #
Proposal for a regulation Article 27 – paragraph 4 – subparagraph 1 Amendment 200 #
Proposal for a regulation Article 27 – paragraph 4 – subparagraph 1 Amendment 201 #
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
Amendment 202 #
Proposal for a regulation Article 27 – paragraph 4 – subparagraph 2 Amendment 203 #
Proposal for a regulation Article 27 – paragraph 4 – subparagraph 2 Amendment 204 #
Proposal for a regulation Article 27 – paragraph 5 Amendment 205 #
Proposal for a regulation Article 27 – paragraph 6 6.
Amendment 206 #
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
Amendment 207 #
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
Amendment 208 #
Proposal for a regulation Article 27 – paragraph 7 7. Where an economic operator accepts and prioritises a priority rated order, it shall not be liable for any breach of contractual obligations governed by the law of a Member State that is required to comply with the priority rated order. Liability shall be excluded only to the extent the violation of contractual obligations is necessary for compliance with the required prioritisation. Entities and persons affected by the necessary breach of the contractual obligations for compliance with the required prioritisation shall also not be liable themselves for any breach of contractual obligations derived from the original breach.
Amendment 209 #
Proposal for a regulation Article 27 – paragraph 7 7. Where an economic operator accepts and prioritises a priority rated order, it shall not be liable for any breach of contractual obligations governed by the law of a Member State or third country that is required to comply with the priority rated order. Liability shall be excluded only to the extent the violation of contractual obligations is necessary for compliance with the required prioritisation.
Amendment 210 #
Proposal for a regulation Article 28 Amendment 211 #
Proposal for a regulation Article 28 – paragraph 1 – introductory part 1. The Commission
Amendment 212 #
Proposal for a regulation Article 28 – paragraph 1 – point a (a) where
Amendment 213 #
Proposal for a regulation 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,
Amendment 214 #
Proposal for a regulation Article 28 – paragraph 2 Amendment 215 #
Proposal for a regulation Article 28 – paragraph 2 2. Fines imposed in the cases referred to in paragraph 1 (
Amendment 216 #
Proposal for a regulation Article 28 – paragraph 2 2. Fines imposed in the cases referred to in paragraph 1 (a) and (b) shall not exceed 200 000 EUR , if the economic operator concerned is an SME and 500 000 EUR for other economic operators.
Amendment 217 #
Proposal for a regulation Article 28 – paragraph 3 3. Fines imposed in the cases referred to in paragraph 1 (c) shall not exceed 0,5 % 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 0,5 % of total turnover in the preceding business year. The maximum fine imposed in the cases referred to in paragraph 1(c) for economic operators that are SMEs as defined in Recommendation 2003/361/EC shall not exceed 0.1 % 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 but not exceeding 0.1% of total turnover in the preceding business year.
Amendment 218 #
Proposal for a regulation Article 28 – paragraph 3 3. Fines imposed in the cases referred to in paragraph 1 (c) shall not
Amendment 219 #
Proposal for a regulation Article 29 Amendment 220 #
Proposal for a regulation Article 29 – paragraph 2 2. The time shall begin to run on the day on which the
Amendment 221 #
Proposal for a regulation Article 30 Amendment 222 #
Proposal for a regulation Article 31 Amendment 223 #
Proposal for a regulation Article 31 – paragraph 4 4. The rights of defence of the economic operator or representative organisations of economic operators concerned shall be fully respected in any proceedings. The economic operator or representative organisations of economic operators concerned shall be entitled to have access to the Commission's file under the terms of a negotiated disclosure, subject to the legitimate interest of economic operators in the protection of their business secrets. The right of access to the file shall not extend to confidential information and internal documents of the Commission or the authorities of the Member States.
Amendment 224 #
Proposal for a regulation Article 34 – paragraph 1 1.
Amendment 225 #
Proposal for a regulation Article 34 – paragraph 2 2. The Commission shall assess the utility, necessity and proportionality of the request. If the Commission decides to launch a procurement on behalf of the Member States, it shall inform the advisory group and the Member States concerned about its intention to carry out such procurement. 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. The Commission shall launch a call for other Member States to participate in the request.
Amendment 226 #
Proposal for a regulation Article 34 – paragraph 2 2. The Commission shall assess the utility, necessity and proportionality of the request. Where the Commission intends not to follow the request, it shall inform the Member States concerned and the advisory group referred to in Article 4 and give reasons for its refusal based on an impact assessment.
Amendment 227 #
Proposal for a regulation Article 34 – paragraph 2 2. The Commission shall assess the
Amendment 228 #
Proposal for a regulation Article 34 – paragraph 3 3. Where the Commission agrees to procure on behalf of the Member States, it shall draw up a proposal for a framework agreement to be concluded with the participating Member States allowing the Commission to procure on their behalf. This agreement shall lay down the detailed conditions for the procurement on behalf of the participating Member States referred to in paragraph 1. Any changes occurred after the signature of the agreement by Member States shall be timely and duly notified. If such changes have a disproportionate effect on the original agreement, the European Commission shall provide a new impact assessment and an addendum to the original agreement to be signed.
Amendment 229 #
Proposal for a regulation 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 230 #
Proposal for a regulation Article 34 – paragraph 3 a (new) 3a. 3 a. If the Commission is unable to award the contract to a suitable economic operator, the Commission shall immediately inform the Member States. Member States shall have a right to initiate their own procurement processes without delay.
Amendment 231 #
Proposal for a regulation Article 35 – paragraph 1 1. The agreement
Amendment 232 #
Proposal for a regulation Article 35 – paragraph 2 a (new) 2a. The European Commission shall provide a written assessment to the European Parliament and Member States detailing the reasons and the company characteristics that lead to the choice to select specific companies for the supply of specific goods and services.
Amendment 233 #
Proposal for a regulation Article 35 – paragraph 2 b (new) 2b. The proposal for a framework agreement shall include that all communication between the European Commission and the supplier of goods and services must be in written and duly recorded. These documents shall be available to the European Parliament, the Member States and the relevant authorities for consultation.
Amendment 234 #
Proposal for a regulation Article 35 – paragraph 3 Amendment 235 #
Proposal for a regulation Article 35 – paragraph 3 3. Representatives of the Commission or experts nominated by the Commission may carry out
Amendment 236 #
Proposal for a regulation Article 36 – paragraph 1 a (new) 1a. The Commission shall lay down special conditions relating to the performance of a contract, including environmental, social or employment- related considerations and award criteria for the economic operators, including clauses ensuring compliance with collective agreements without breaching Union law on public contracts.
Amendment 237 #
Proposal for a regulation Article 36 – paragraph 2 2. The contracts
Amendment 238 #
Proposal for a regulation Article 36 a (new) Amendment 239 #
Proposal for a regulation Article 38 – paragraph 1 When the Single Market emergency mode has been activated pursuant to Article 14,
Amendment 240 #
Proposal for a regulation Article 39 – title Amendment 241 #
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.
Amendment 242 #
Proposal for a regulation Article 39 a (new) Article39a Non regression clause 1. This Regulation is without prejudice to existing national participation rights of social partners, that provide more favourable provisions. 2. This Regulation does not affect labour law, that is any legal or contractual provision concerning employment conditions, working conditions, including health and safety at work and the relationship between employers, workers and their representatives, which Member States apply in accordance with national law which respects Union law. Equally, this Regulation does not affect the social security legislation of the Member States.
Amendment 243 #
Proposal for a regulation Article 39 a (new) Article39a Non regression clause 1. This Regulation is without prejudice to the application of more favourable national provisions concerning participation rights of social partners. 2. This Regulation does not affect labour law, that is any legal or contractual provision concerning employment conditions, working conditions, including health and safety at work and the relationship between employers, workers and their representatives, which Member States apply in accordance with national law and Union law. Equally, this Regulation does not affect the social security legislation of the Member States.
Amendment 244 #
Proposal for a regulation Article 41 – paragraph 1 The Commission and the Member States may set up interoperable digital tools or IT infrastructures supporting the objectives of this Regulation. Such tools or infrastructures
Amendment 245 #
Proposal for a regulation 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 246 #
Proposal for a regulation Article 41 – paragraph 1 a (new) The digital tools shall aim to ensure interoperability between the existing information and communication technology (ICT) systems in different Member States so that citizens, businesses and administrations, wherever they are in the Union, can benefit from seamless digital tools. The Commission and the Member States shall ensure that the digital tools or IT infrastructure complies with the following quality requirements: (a) they are easy to use; (b) they are accessible online through various electronic devices; (c) they are developed and optimised for different web browsers; (d) they meet the following web accessibility requirements: perceivability, operability, understandability and robustness.
Amendment 247 #
Proposal for a regulation Article 41 – paragraph 2 The Commission shall, by means of implementing acts, set out the technical
Amendment 248 #
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.
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.
Amendment 71 #
Proposal for a regulation 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
Amendment 72 #
Proposal for a regulation Recital 3 (3) Actions by the Commission were delayed by several weeks due to the lack of any Union wide contingency planning measures and ofclarity 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 arrangements between the Member States and Union authorities as regards contingency planning, technical level coordination and cooperation and information exchange
Amendment 73 #
Proposal for a regulation 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 known which kind of crises could come up next and produce severe impacts on the Single Market
Amendment 74 #
Proposal for a regulation Recital 7 (7) Since any specific aspects of future crises that would impact the Single Market
Amendment 75 #
Proposal for a regulation Recital 8 (8) The framework of measures set out under this Regulation should be deployed in a coherent, transparent, efficient, proportionate and timely manner, having due regard to the need to maintain vital societal functions, meaning including public security, safety, public order, or public health or the environment respecting, the responsibility of the Member States to safeguard national security and their power to safeguard other essential state functions, including ensuring the territorial integrity of the State and maintaining law and order. The framework should also recognise the important role played by social partners in elaborating and implementing contingency measures and ensure full respect for collective bargaining rights and the autonomy of social partners.
Amendment 76 #
Proposal for a regulation Recital 8 (8) The framework of measures set out under this Regulation should be deployed in a coherent, transparent, efficient, proportionate and timely manner, having due regard to the need to maintain vital societal functions, meaning including public security, safety, public order, or public health respecting, the responsibility of the Member States to safeguard national security and their power to safeguard other essential state functions, including ensuring the territorial integrity of the State and maintaining law and order. The Regulation should not restrict national measures on security and defence policy and national defence capabilities must be taken into account when applying proportionate measures in the event of a crisis.
Amendment 77 #
Proposal for a regulation Recital 8 (8) The framework of measures set out under this Regulation should be deployed in a coherent, transparent, efficient, proportionate and timely manner, having due regard to the need to maintain vital societal functions, meaning including public security, safety, public order, or public health respecting, the responsibility of the Member States to safeguard national security and their power to safeguard other essential state functions, including ensuring the territorial integrity of the State and maintaining law and order; Trade Unions' autonomy and their collective bargaining rights should be protected while elaborating and implementing such measures.
Amendment 78 #
Proposal for a regulation 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 79 #
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
Amendment 80 #
(21) The activation of the Single Market emergency mode should trigger an obligation for the Member States to notify crisis-relevant free movement restrictions. If workers' rights and working conditions are affected by the activation, trade unions should be informed and consulted, as well as be able to participate in the decision-making.
Amendment 81 #
Proposal for a regulation Recital 24 (24) Furthermore, in order to ensure the proportionality of the implementing acts and
Amendment 82 #
Proposal for a regulation Recital 28 (28) In cases where there are substantial risks to the functioning of the Single Market or in cases of severe shortages or an exceptionally high demand of goods and services of strategic importance, measures at Union level aimed to ensure the availability of crisis-relevant products and, where relevant, services, such as priority rated orders, may prove to be indispensable for the return to the normal functioning of the Single Market.
Amendment 83 #
Proposal for a regulation Recital 29 (29) In order to leverage the purchasing power and negotiating position of the Commission during the Single Market vigilance mode and the Single Market emergency mode, Member States should be able to request the Commission to procure on their behalf. To this end, the Commission should choose environmental and social award criteria that allow them to choose the best price-quality ratio. With a view to an appropriate integration of environmental, social and labour requirements into public procurement procedures it is of particular importance that the Commission take relevant measures to ensure compliance with obligations in the fields of environmental, social and labour European law and, where relevant, laws, regulations, decrees and decisions, at both national and Union level, as well as from collective agreements, provided that such rules, and their application, comply with Union law.
Amendment 84 #
Proposal for a regulation Recital 29 a (new) (29a) Research and innovation, including eco-innovation and social innovation, are among the main drivers of smart, sustainable and inclusive growth. Commission when procuring on behalf of Member States should make the best strategic use of public procurement to spur research, eco-innovation and social innovation, as well as set general mandatory requirements for environmental, social and innovation procurement that will help improve the efficiency and quality of public services while addressing major societal challenges.
Amendment 85 #
Proposal for a regulation 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
Amendment 86 #
Proposal for a regulation Recital 32 (32) Additionally, to ensure that crisis- relevant goods are available during the Single Market emergency, the Commission may invite the economic operators that operate in crisis-relevant supply chains to prioritise the orders of inputs necessary for the production of final goods that are crisis relevant, or the orders of such final goods themselves. Should an economic operator refuse to accept and prioritise such orders, following objective evidence that the availability of crisis-relevant goods is indispensable, the Commission may decide to invite the economic operators concerned to accept and prioritise certain orders, the
Amendment 87 #
Proposal for a regulation Recital 32 (32) Additionally, to ensure that crisis- relevant goods are available during the Single Market emergency, the Commission, after consulting the Advisory Group, and as a measure of a last resort, may invite the economic operators that operate in crisis-relevant supply chains to prioritise the orders of inputs necessary for the production of final goods that are crisis relevant, or the orders of such final goods themselves. Should an economic operator refuse to accept and prioritise such orders, following objective evidence that the
Amendment 88 #
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
Amendment 89 #
Proposal for a regulation Recital 35 Amendment 90 #
Proposal for a regulation Recital 35 Amendment 91 #
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, including the protection of workers exercising this right, for establishing a list of
Amendment 92 #
Proposal for a regulation Recital 39 a (new) (39a) The success of the digital tools will depend on the joint effort of the Commission and the Member States. The digital tools should be supported by technical tools developed by the Commission in close cooperation with the Member States and where possible include a common user interface integrated into the existing services, such as Your Europe portal. Your Europe portal should provide links to the digital tools and to procedures and to assistance or problem-solving services available on portals managed by competent authorities in Member States and by the Commission. In order to facilitate the use of digital tools, they should be available in all official languages of the Union.
Amendment 93 #
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 crises on the Single Market, with the purpose of safeguarding the free movement of goods, services and persons and of ensuring the availability of
Amendment 94 #
Proposal for a regulation Article 2 – paragraph 2 a (new) 2a. This Regulation shall not in any way affect the exercise of fundamental rights as recognised in the Member States and at Union level, including the right or freedom to strike or to take other action covered by the specific industrial relations systems in Member States, in accordance with national law and/or practice. Nor does it affect the right to negotiate, to conclude and enforce collective agreements, or to take collective action in accordance with national law and/or practice.
Amendment 95 #
Proposal for a regulation Article 2 – paragraph 5 – point 1 (new) (1) This Regulation is without prejudice to intellectual property rights.
Amendment 96 #
Proposal for a regulation Article 2 – paragraph 7 a (new) 7a. This regulation shall not in any way affect the right of collective bargaining and action as laid down in Article 28 of the Charter of Fundamentals Rights of the European Union. Nor shall it affect the explicit or implicit right or freedom to negotiate and conclude collective agreements or to take collective action, including strike action in accordance with national law or practise, and any other actions covered by the specific industrial relations systems in Member States.
Amendment 97 #
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, with the exclusion of collective actions, that takes place inside or outside of the Union and results of risks to result in a significant disruption of the supply of goods and services; Neither the exercise of fundamental rights, nor the right in itself, can ever be considered constituent elements of a crisis;
Amendment 98 #
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;
Amendment 99 #
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, with the exclusion of collective actions, that takes place inside or outside of the Union and results or risks to result in a significant disruption of the supply of goods and services;
source: 746.899
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