[ParlTrack]

Proposal for a regulation
Recital 1 a (new)

(1 a) As provided for in Article 3 of the Treaty on the European Union, the internal market comprises an area without internal frontiers and 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 should, 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 in their territory.

2023/03/31
Committee: IMCO

Arba KOKALARI

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).

2023/03/31
Committee: IMCO

Arba KOKALARI

Proposal for a regulation
Article 1 – paragraph 3

~~3. Member States shall regularly exchange information on all matters falling within the scope of this Regulation among themselves and with the Commission.~~deleted

2023/03/31
Committee: IMCO

Arba KOKALARI

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~~.

2023/03/31
Committee: IMCO

Arba KOKALARI

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;

2023/03/31
Committee: IMCO

Arba KOKALARI

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~~free movement of goods and services ~~of strategic importance~~ and which has the potential to escalate into a Single Market emergency within the next six months;

2023/03/31
Committee: IMCO

Arba KOKALARI

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 ~~or the functioning of the supply chains that are indispensable in the maintenance of vital societal or economic activities in the Single Market;~~

2023/03/31
Committee: IMCO

Arba KOKALARI

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;deleted

2023/03/31
Committee: IMCO

Arba KOKALARI

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;deleted

2023/03/31
Committee: IMCO

Arba KOKALARI

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 ;

2023/03/31
Committee: IMCO

Arba KOKALARI

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 ~~other crisis-~~relevant bodies at Union level as observers to the relevant meetings of the advisory group. __________________ 49 OJ L 1, 3.1.1994, p. 3.

2023/03/31
Committee: IMCO

Arba KOKALARI

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~~

2023/03/31
Committee: IMCO

Arba KOKALARI

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~~experiences and needs in order to mitigate and respond to potential ~~supply chain disruptions and overcome potential shortages~~crisis that could disrupt the free movement of goods and services in the Single Market;

2023/03/31
Committee: IMCO

Arba KOKALARI

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 ~~and its supply chains of goods and services is significant~~is significant as defined in article 3 (8) and should be the object of an alert, the central liaison office of a Member State shall take the following into account:

2023/03/31
Committee: IMCO

Arba KOKALARI

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 ~~supply chain disrupti~~disruptions of the free movement of goods, services and persons, including the EU outermost regions;

2023/03/31
Committee: IMCO

Arba KOKALARI

Proposal for a regulation
Article 9

1. 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. Such an implementing act shall contain the following: (a) impact of the crisis; (b) strategic importance concerned, and (c) 2. The implementing act referred to in paragraph 1 shall be adopted in accordance with the examination procedure referArticle 9 deleted Activation Where the Commission, taking an assessment of the potential list of the goods and services of the vigilance measureds to ~~in Article 41(2)~~be taken.

2023/03/31
Committee: IMCO

Arba KOKALARI

Proposal for a regulation
Article 10

1. 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. 2. into considerArticle 10 deleted Extension and deactivation tThe 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. 3. paragraphs 1 and 2 shall be adopted in accordance with the examination procedure referred to in Article 42(2).Commission, if it considers Where the Commission, taking Implementing acts referred to in

2023/03/31
Committee: IMCO

Arba KOKALARI

Proposal for a regulation
Article 11

~~[...]~~deleted

2023/03/31
Committee: IMCO

Arba KOKALARI

Proposal for a regulation
Article 12

~~[...]~~deleted

2023/03/31
Committee: IMCO

Arba KOKALARI

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~~unctioning of supply chains~~ree movment that are indispensable in the maintenance of vital societal or economic activities in the Single Market;

2023/03/31
Committee: IMCO

Arba KOKALARI

Proposal for a regulation
Article 14 – paragraph 1

1. The Single Market Emergency mode may be activated without the Single Market vigilance mode having previously been activated with regard to the same goods or services. Where the vigilance mode has previously been activated, the emergency mode may replace it partially or entirely.deleted

2023/03/31
Committee: IMCO

Arba KOKALARI

Proposal for a regulation
Article 14 – paragraph 4

4. The activation of the Single Market emergency mode regarding certain goods and services does not prevent the activation or continued application of the vigilance mode and deployment of the measures laid down in Articles 11 and 12 regarding the same goods and services.deleted

2023/03/31
Committee: IMCO

Arba KOKALARI

Proposal for a regulation
Article 14 – paragraph 5

5. As soon as the Single Market emergency mode is activated, the Commission shall, without delay, adopt a list of crisis-relevant goods and services ~~by means of an implementing act~~and propose it to the Council. The list may be amended by means of Council implementing acts.

2023/03/31
Committee: IMCO

Arba KOKALARI

Proposal for a regulation
Article 14 – paragraph 6

6. The Co~~mmission~~uncil implementing act referred to in paragraph 5 shall be adopted in accordance with the examination procedure referred to in Article 42(2). On duly justified imperative grounds of urgency relating to the impacts of the crisis on the Single Market, the Commission shall adopt immediately applicable implementing acts in accordance with the procedure referred to in Article 42(3).

2023/03/31
Committee: IMCO

Arba KOKALARI

Proposal for a regulation
Article 16 – paragraph 1

1. ~~When adopting and applying~~During a Single Market emergency mode and when responding to a Single Market emergency, Member States shall not introduce any national measures ~~in response to a Single Market emergency and the underlying crisis,~~restricting the free movement of services, goods and persons as they are guaranteed in the Treaty and Union law. If adopting and applying national measures Member States shall ensure that their actions fully comply with the Treaty and Union law ~~and, in particular, with the requirements laid down in this Article~~.

2023/03/31
Committee: IMCO

Arba KOKALARI

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.

2023/03/31
Committee: IMCO

Arba KOKALARI

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.

2023/03/31
Committee: IMCO

Arba KOKALARI

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.

2023/03/31
Committee: IMCO

Arba KOKALARI

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 ~~refrain from~~not introduc~~ing~~e any ~~of the following:~~restrictions to the free movement of goods, services and persons.

2023/03/31
Committee: IMCO

Arba KOKALARI

Proposal for a regulation
Article 17 – paragraph 1 – point a

(a) intraUnion export bans or other measures having equivalent effect on ~~crisis-relevant goods or services listed in an implementing act adopted pursuant to Article 14, paragraph 5;~~free movement of goods

2023/03/31
Committee: IMCO

Arba KOKALARI

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.

2023/03/31
Committee: IMCO

Arba KOKALARI

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).

2023/03/31
Committee: IMCO

Arba KOKALARI

Proposal for a regulation
Article 17 – paragraph 1 c (new)

1 c. Notwithstanding paragraph 2 Member State shall not introduce any of following:

2023/03/31
Committee: IMCO

Arba KOKALARI

Proposal for a regulation
Article 17 – paragraph 2 – introductory part

2. During the Single Market emergency mode and when responding to the Single Market emergency, Member States shall refrain from any of the following~~, unless to do so is inherent to the nature of the crisis:~~

2023/03/31
Committee: IMCO

Arba KOKALARI

Proposal for a regulation
Article 17 – paragraph 3 – introductory part

3. During the Single Market emergency mode and when responding to a Single Market emergency, Member States shall refrain from any of the following ~~unless to do so is inherent to the nature of the crisis/Single Market emergency:~~

2023/03/31
Committee: IMCO

Arba KOKALARI

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.

2023/03/31
Committee: IMCO

Arba KOKALARI

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 measure~~Member States shall without undue delay notify to the Commission any draft measures, new laws, regulations or administrative provisions 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. Such a notification shall include:

2023/03/31
Committee: IMCO

Arba KOKALARI

Proposal for a regulation
Article 24 – paragraph 1

1. Where there is a severe crisis- related shortages or an immediate threat thereof, the Commission may invite representative organisations or economic operators in crisis-relevant supply chains to transmit on a voluntary basis, within a set time limit, specific information to the Commission on the production capacities and possible existing stocks of crisis- relevant goods and components thereof in Union production facilities and third country facilities which it operates, contracts or purchases supply from, as well as information on any relevant supply chain disruptions within a given deadlineThe Commission may invite representative organisations or economic operators to transmit on a voluntary basis information.

2023/03/31
Committee: IMCO

Arba KOKALARI

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 and do not provide a valid justific~~With regards to the invitaiton to representative organisations for ~~not doing so, the Commission may, by means of an implementing act, require that they~~economic operators to transmit ~~the~~ information, indicating in the implementing act why it is proportionate and necessary to do so, specifying the crisis-relevant goods and services and addressees concerned by the information request, and the information that is sought, providing where necessary a template with the questions that may be addressed to the economic operators to the Commission, the Commission shall consider if the information can be obtian in any other way with regards to the Only Once Principle.

2023/03/31
Committee: IMCO

Arba KOKALARI

Proposal for a regulation
Article 24 – paragraph 3

3. The information requests referred to in paragraph 1 may concern the following: (a) 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 requiring them to transmit to the Commission a schedule of the expected production output for the following 3 months for production facility located in the Union as well as any relevant supply chain disruptions; (b) other information necessary for assessing the nature or magnitude of a given supply chain disruption or shortage.deleted targeted information to the

2023/03/31
Committee: IMCO

Arba KOKALARI

Proposal for a regulation
Article 24 – paragraph 4

4. Following the activation of the mandatory information requests to economic operators by means of an implementing act, the Commission shall address a formal decision to each of those representative organisations or economic operators in crisis-relevant supply chains that have been identified in the implementing act, requesting them to provide the information specified in the implementing act. The Commission shall rely, where possible, on the relevant and available contact lists of the economic operators active in the selected supply chains of crisis-relevant goods and services, compiled by the Member States. The Commission may obtain the necessary information on the relevant economic operators from the Member States.deleted

2023/03/31
Committee: IMCO

Arba KOKALARI

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. AnyAny invitation to transmit information ~~request~~ shall be duly justified and proportionate in terms of the volume, nature and granularity of the data, as well as the frequency of access to the data requested, and shall be necessary for the management of the emergency or for compiling relevant official statistics. A request shall set out a reasonable time limit within which the information is to be provided. It shall take into account the effort required to collect and make the data available by the economic operator or representative organisation. The formal decision shall also contain safeguards for protection of data in accordance with Article 39 of this Regulation, safeguards for non-disclosure of sensitive business information contained in the reply in accordance with Article 25, and information on the possibility of contesting it before the Court of Justice of the European Union in line with relevant Union law and the fines provided for in Article 28 for failure to comply and the timeline for a reply.

2023/03/31
Committee: IMCO

Arba KOKALARI

Proposal for a regulation
Article 24 – paragraph 6

6. The owners of the economic operators or their representatives and, in the case of legal persons, companies or firms, or associations having no legal personality, the persons authorised to represent them by law or by their constitution may supply the information requested on behalf of the economic operator or the association of economic operators concerned. Each economic operator or association of economic operators shall provide the requested information on an individual basis in line with the Union rules on competition governing the exchange of information. Lawyers duly authorised to act may supply the information on behalf of their clients. The latter shall remain fully responsible if the information supplied is incomplete, incorrect or misleading.deleted

2023/03/31
Committee: IMCO

Arba KOKALARI

Proposal for a regulation
Article 24 – paragraph 7

~~7. The Court of Justice of the European Union shall have unlimited jurisdiction to review decisions whereby the Commission has imposed a mandatory information request to an economic operator.~~deleted

2023/03/31
Committee: IMCO

Arba KOKALARI

Proposal for a regulation
Article 24 – paragraph 8

8. The implementing acts referred to in paragraph 2 shall be adopted in accordance with the committee procedure referred to in Article 42(2). On duly justified imperative grounds of urgency relating to the impacts of the crisis on the Single Market, the Commission shall adopt immediately applicable implementing acts in accordance with the procedure referred to in Article 42(3).deleted

2023/03/31
Committee: IMCO

Arba KOKALARI

Proposal for a regulation
Article 27

~~[...]~~deleted

2023/03/31
Committee: IMCO

Arba KOKALARI

Proposal for a regulation
Article 28

Fines to operators for failure to comply with the obligation to reply to mandatory information requests or to comply with 1. a decision, where deemed necessary and proportionate, impose fines: (a) organisation of economic operators or an economic operator, intentionally or through gross negligence, supplies incorrect, incomplete or misleading information in response to a request made pursuant to Article 24, or does not supply the information within the prescribed time limit; (b) intentionally or through gross negligence, does not comply with the obligation to inform the Commission of a third country obligation pursuant to Article 27 or fails to explain why it has not accepted a priority rated order; (c) intentionally or through gross negligence, does not comply with an obligation which it has accepted to prioritise certain orders of crisis-relevant goods (‘priority rated order’) pursuant to Article 27 2. referred to in paragraph 1 (a) and (b) shall not exceed 200 000 EUR. 3. referred to in paragraph 1 (c) shall not exceed 1 % of the average daily turnover in the preceding business year for each working day of non-compliance with the obligation pursuant to Article 27 (priority rated orders) calculated from the date established in the decision not exceeding 1% of total turnover in the preceding business year. 4. regard shall be had to the size and economic resources of the economic operator concerned, to the nature, gravity and duration of the infringement, taking due account of the principles of proportionality and appropriateness. 5. European Union shall have unlimited jurisdiction to review decisions whereby the Commission has fixed a fine. It may cancel, reduce or increase the fine imposed.Article 28 deleted priority rated orders The Commission may, by means of where a representative where an economic operator, where an economic operator, Fines imposed in the cases Fines imposed in the cases In fixing the amount of the fine, The Court of Justice of the

2023/03/31
Committee: IMCO

Arba KOKALARI

Proposal for a regulation
Article 29

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

2023/03/31
Committee: IMCO

Arba KOKALARI

Proposal for a regulation
Article 30

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

2023/03/31
Committee: IMCO

Arba KOKALARI

Proposal for a regulation
Article 31

Right to be heard for the imposition of 1. Before adopting a decision pursuant to Article 28, the Commission shall give the economic operator or representative organisations of economic operators concerned the opportunity of being heard on: (a) Commission, including any matter to which the Commission has taken objections; (b) may intend to take in view of the preliminary findings pursuant to point (a) of this paragraph. 2. organisations of economic operators concerned may submit their observations to the Commission’s preliminary findings within a time limit which shall be fixed by the Commission in its preliminary findings and which may not be less than 21 days. 3. decisions only on objections on which economic operators and representative organisations of economic operators concerned have been able to comment. 4. economic operator or representative organisations of economic operators concerned shall be fully respected in any proceedings. The economic operator or representative organisations of economic operators concerned shall be entitled to have access to the Commission's file under the terms of a negotiated disclosure, subject to the legitimate interest of economic operators in the protection of their business secrets. The right of access to the file shall not extend to confidential information and internal documents of the Commission or the authorities of the Member States. In particular, the right of access shall not extend to correspondence between the Commission and the authorities of the Member States. Nothing in this paragraph shall prevent the Commission from disclosing and using information necessary to prove an infringement.Article 31 deleted fines preliminary findings of the measures that the Commission Undertakings and representative The Commission shall base its The rights of defence of the

2023/03/31
Committee: IMCO

Arba KOKALARI

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, taking into consideration the opinion provided by the advisory group, may recommend to the Member States to distribute the strategica Member States is in need of certain goods or services due to the Single Market emergency, Member States and the Commission, in the sprit of sincere cooperation and as set out in article 4(3) TEU shall assist each other to take action and measures to meet this need. Such measures or actions resferves in a targeted way, where possible, having regard to the need not to further aggravate disruptions on the Single Market, including in geographical areas particularly affected by such disruptions andred to in paragraph 1 include, but are not limited to (a) eliminate any barriers to the free movement that contributes to the need of certain goods and services; (b) in accordance with the principles of ~~necessity, proportionality and solidarity and establishing the most efficient use of reserves with a view to ending the Single Market emergency.~~sincere cooperation distribute goods and services to reduce the need;

2023/03/31
Committee: IMCO

51 Amendments of Arba KOKALARI related to 2022/0278(COD)

ParlTrack - 2011-2024