168 Amendments of Adriana MALDONADO LÓPEZ related to 2022/0278(COD)
Amendment 75 #
Proposal for a regulation
Recital 8
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 78 #
Proposal for a regulation
Recital 9 – indent 3
Recital 9 – indent 3
– the means for the timely accessibility and availability of the information which is needed for a targeted response and adequate market behaviour by businesses, workers and citizens during a crisis.
Amendment 82 #
Proposal for a regulation
Recital 28
Recital 28
(28) In cases where there are substantial risks to the functioning of the Single Market or in cases of severe shortages or an exceptionally high demand of goods 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
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)
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 87 #
Proposal for a regulation
Recital 32
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 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 mayshould make such reasoned explanation or parts of it public, with due regard to business confidentiality.
Amendment 91 #
Proposal for a regulation
Recital 35
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 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 athe vigilance mode and the vigilance measures should be jointly activated by the Council and the European Parliament as the legitimate decision-makers under the EU Treaties. The decision for its activation should be based on a proposal made by the Commission and promptly adopted jointly by both the European Parliament and the Council. The European Parliament and the Council should be equally involved in adoption of vigilance decisions and measures. In order to ensure appropriate public scrutiny, the Single Market vigilance mode Activating the vigilance mode and vigilance measures are important 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 92 #
Proposal for a regulation
Recital 39 a (new)
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 96 #
Proposal for a regulation
Article 2 – paragraph 7 a (new)
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 99 #
Proposal for a regulation
Article 3 – paragraph 1 – point 1
Article 3 – paragraph 1 – point 1
(1) ‘crisis’ means an exceptional unexpected and sudden, natural or man- made event of extraordinary nature and scale, 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;
Amendment 104 #
Proposal for a regulation
Article 3 – paragraph 1 – point 7 a (new)
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)
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 108 #
Proposal for a regulation
Article 4 – paragraph 5 – point c
Article 4 – paragraph 5 – point c
(c) consulting the representatives of trade unions, economic operators, including SMEs, and industry to collect market intelligence; and to better understand the social impacts of the potential crisis and to anticipate implications for the European industry and on the labour market;
Amendment 110 #
Proposal for a regulation
Article 4 – paragraph 5 – point f
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
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
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 120 #
Proposal for a regulation
Article 9 – paragraph 1 – introductory part
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 means of an implementing act. Such an implementing acta decision, which the European Parliament and the Council may adopt jointly within 14 days after the transmission of the Commission’s proposal to them. Such a decision shall contain the following:
Amendment 125 #
Proposal for a regulation
Article 9 – paragraph 1 – point a
Article 9 – paragraph 1 – point a
(a) an assessment of the potential impact ofand scope of the crisis, as well as the potential impact of the crisis on human rights and the public interest, public health and/or public security both for the EU and for the individual Member State affected by the crisis;
Amendment 126 #
Proposal for a regulation
Article 9 – paragraph 1 – point a a (new)
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)
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)
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 131 #
Proposal for a regulation
Article 9 – paragraph 1 a (new)
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)
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)
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
Article 9 – paragraph 2
Amendment 138 #
Proposal for a regulation
Article 10
Article 10
Amendment 148 #
Proposal for a regulation
Article 12 – paragraph 1 – subparagraph 1
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 an implementing act decision 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 thereof.
Amendment 150 #
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 – introductory part
Article 12 – paragraph 2 – subparagraph 1 – introductory part
The Commission may require, by means of implementing acts, that the Member States provide information on the goods listed in an implementing actand where applicable services listed in a decision adopted pursuant to Article 9(1), as regards all of the following:
Amendment 152 #
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 – point b a (new)
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)
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
Article 12 – paragraph 2 – subparagraph 1 – point d
(d) further information that could ensure the availability of such goods. or where relevant services;
Amendment 155 #
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 – point d a (new)
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)
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
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 160 #
Member States shall report to the Commission the levels of strategic reserves of goods of strategic importance held by them, and the levels of other stocks of such goods held on their territory.
Amendment 162 #
Proposal for a regulation
Article 12 – paragraph 3
Article 12 – paragraph 3
3. Taking due account of stocks held or being built up by economic operators on theirterritory, Member States shall deploy their best efforts to build up strategic reserves of the goods of strategic importance identified in accordance with paragraph 1. TWhere requested by the Advisory Group, the Commission shall provide support to Member States to coordinate and streamline their efforts.
Amendment 165 #
Proposal for a regulation
Article 12 – paragraph 4 – introductory part
Article 12 – paragraph 4 – introductory part
4. Where the building of strategic reserves of goods of strategic importance identified pursuant to paragraph 1 can be rendered more effective by streamlining among Member States, the Commission may draw up and regularly update, by means of implementing acts, a list of individual targets regarding the quantities and the deadlines for those strategic reserves that the Member States should maintain. When setting the individual targets for each Member State, the Commission shall take into account:
Amendment 167 #
Proposal for a regulation
Article 12 – paragraph 4 – point a
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)
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
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 171 #
Proposal for a regulation
Article 12 – paragraph 5
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 explainprovide a written explanation, to the Commission justifying the reasons for this situation. The Commission shallmay facilitate cooperation between the Member States which have already reached their targets and the other Member States.
Amendment 175 #
Proposal for a regulation
Title 1
Title 1
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 (Text with EEA relevance)
Amendment 175 #
Proposal for a regulation
Article 12 – paragraph 6 – subparagraph 2 – introductory part
Article 12 – paragraph 6 – subparagraph 2 – introductory part
Following such an assessment, where the Commission establishes, supported, by objective data and clear evidence, that
Amendment 176 #
Proposal for a regulation
Article 12 – paragraph 6 – subparagraph 2 – point a a (new)
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
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
Article 12 – paragraph 6 – subparagraph 2 – point c
(c) the Member State concerned has not provided sufficient evidence to explain the failure tojustify and explain why they have not meet the individual target, and
Amendment 179 #
Proposal for a regulation
Article 12 – paragraph 6 – subparagraph 2 – point d
Article 12 – paragraph 6 – subparagraph 2 – point d
(d) exceptional circumstances exist, in that the failure by that Member State, considering its importance to the supply chain concerned, to build up such strategic reserves , which will gravely imperils the Union’s preparedness in the face of an impending threat of a Single Market emergency,
Amendment 180 #
Proposal for a regulation
Article 12 – paragraph 6 – subparagraph 2 – subparagraph 1
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 by a set deadlineor, where relevant, services.
Amendment 181 #
Proposal for a regulation
Article 12 – paragraph 7 – subparagraph 1
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 aunjustified and disproportionate strain on the supply chains of the goods or, where relevant, services identified in accordance to paragraph 1, or on the fiscal capacity of the Member State concerned, on the capacity of the Union industrial sectors and on the labour market.
Amendment 183 #
Proposal for a regulation
Article 12 – paragraph 7 – subparagraph 2
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 188 #
Proposal for a regulation
Recital 4
Recital 4
(4) Representative organisations of economic operators and social partners have suggested that economic operators, citizens 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 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 192 #
Proposal for a regulation
Article 27 – paragraph 1
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 195 #
Proposal for a regulation
Article 27 – paragraph 2
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 in such cases, the Commission shall give t. The economic operator concerned as well as any parties demonstrably affected by the potential priority rated order, shall have the opportunity to appeal and state their position within a reasonable time limit set by the Commission in light of the circumstances of the case. In exceptional circumstances, following such an assessment, the Commission maywhere prioritisation is indispensable to ensure the maintenance of vital societal economic activities in the Single Market , the Commission may based on objective data and clear evidence and after taking into account the information provided by the economic operator, address an implementing act to the economic operator concerned, requiring it to either accept and prioritise the priority rated orders specified in the implementing act or explain why it is not possible or appropriate for that operator to do so. T. If the Commission’s decision shall be based on objective data showing that such prioritisation is indispensable to ensure the maintenance orequires the economic operator to accept and prioritise the priority related orders, it shall also evaluate the possibility to foresee public economic support to compensate losses or to boost production in case of emergency for the relevant economic operator, in particular if vital societal economic activities in the Single Market is small or medium size enterprise SMEs, which produces critical goods but doesn’t have the capacity to supply them in critical situations.
Amendment 196 #
Proposal for a regulation
Recital 7
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. and to strengthen resilience.
Amendment 199 #
Proposal for a regulation
Recital 8
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.
Amendment 203 #
Proposal for a regulation
Recital 9 – indent 1 a (new)
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 205 #
Proposal for a regulation
Recital 9 – indent 2 a (new)
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
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 209 #
Proposal for a regulation
Recital 10
Recital 10
(10) Where possibleFurther on, this Regulation should allow for anticipation 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 as well as Union wide resilience assessments.
Amendment 209 #
Proposal for a regulation
Article 27 – paragraph 7
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 213 #
Proposal for a regulation
Recital 10 a (new)
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 213 #
Proposal for a regulation
Article 28 – paragraph 1 – point a
Article 28 – paragraph 1 – point a
(a) where a representative organisation of economic operators or an economic operator, intentionally or through gross negligence, supplies incorrect, incomplete or misleading information in response to a request made pursuant to Article 24, or does not supply the information within the prescribed time limit;
Amendment 214 #
Proposal for a regulation
Recital 15 a (new)
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)
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
Article 28 – paragraph 2
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 218 #
Proposal for a regulation
Recital 16
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 thethe Council and the European Parliament should jointly activation ofe the Single Market emergency mode pursuant to Article 281(2) of the Treaty on the Functioning of the European Unby means of a decision following a proposal from the Commission for such activation.
Amendment 220 #
Proposal for a regulation
Article 29 – paragraph 2
Article 29 – paragraph 2
2. The time shall begin to run on the day on which the Commission becomes aware of the infringementinfringement starts to take place . However, in case of continuous or repeated infringements, time shall begin to run on the day on which the infringement ceases
Amendment 223 #
Proposal for a regulation
Recital 19
Recital 19
(19) Article 45 TFEU lays down the right to free movement of workers, subject to the limitations and conditions laid down in the Treaties and the measures adopted to give them effect. This Regulation contains provisions which complement the existing measures in order to reinforcfacilitate free movement of persons, increase transparency and provide 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. They should always ensure the physical and mental health and the safety of persons and allow for access to accessible information. Social partners, in particular trade unions should be consulted.
Amendment 223 #
Proposal for a regulation
Article 31 – paragraph 4
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. 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.
Amendment 225 #
Proposal for a regulation
Recital 20
Recital 20
Amendment 226 #
Proposal for a regulation
Article 34 – paragraph 2
Article 34 – paragraph 2
2. The Commission shall assess the utility, necessity and proportionality of the request. Where the Commission intends not to follow the request, it shall inform the Member States concerned and the advisory group referred to in Article 4 and give reasons for its refusal based on an impact assessment.
Amendment 228 #
Proposal for a regulation
Article 34 – paragraph 3
Article 34 – paragraph 3
3. Where the Commission agrees to procure on behalf of the Member States, it shall draw up a proposal for a framework agreement to be concluded with the participating Member States allowing the Commission to procure on their behalf. This agreement shall lay down the detailed conditions 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 230 #
Proposal for a regulation
Recital 21
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 232 #
Proposal for a regulation
Recital 22
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 free movement of persons restrictions. It is the task of the Commission to ensure that such measures comply with Union law and do not create unjustified obstacles to the functioning of the Single Market. The Commission should react to the notifications of Member States as quickly as possible, taking into account the circumstances of the particular crisis, and at the latest within the time- limits set out by this Regulation.
Amendment 232 #
Proposal for a regulation
Article 35 – paragraph 2 a (new)
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)
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
Article 35 – paragraph 3
Amendment 236 #
Proposal for a regulation
Article 36 – paragraph 1 a (new)
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 239 #
Proposal for a regulation
Article 38 – paragraph 1
Article 38 – paragraph 1
When the Single Market emergency mode has been activated pursuant to Article 14, Member States shall consult each other and thethe European Commission andshall coordinate their actions with the Commission and the representatives of the other Member States in the advisory group consultation and the actions between Member States, in cooperation with the advisory group, in order to ensure that all Member States are duly involved in the process and to avoid imbalances, prior to launching procurement of crisis- relevant goods and services listed in an implementing act adopted pursuant to Article 14(5) in accordance with Directive 2014/24/EU of the European Parliament and of of the Council55. _________________ 55 Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC (OJ L 94, 28.3.2014, p. 65)..
Amendment 243 #
Proposal for a regulation
Article 39 a (new)
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
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 mayshall be developed outside the duration of the Single Market Emergency and shall be active in order to respond to possible emergencies in a timely and efficient manner.
Amendment 246 #
Proposal for a regulation
Article 41 – paragraph 1 a (new)
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
Article 41 – paragraph 2
The Commission shall, by means of implementing acts, set out the technical aspects, applicable standards and interoperability requirements of such tools or infrastructures. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 42(2).
Amendment 253 #
Proposal for a regulation
Recital 32
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 mayshould make such reasoned explanation or parts of it public, with due regard to business confidentiality.
Amendment 259 #
Proposal for a regulation
Recital 35
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 the 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 importanceshould be jointly activated by the European Parliament and the Council. 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 274 #
Proposal for a regulation
Recital 41
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. Its evaluation demonstrated that the solutions provided by effective in enabling the exchange of information between the Commission and the Member States and has also shown that the Regulation has a deterrent effect and thus has exerted pressure on Member States’ public authorities to address cases of disruptions in the physical movement of goods. In addition, the majority of stakeholders tend to agree on certain benefits that the Regulation are not able to cater for the realities of complex crises, which are not limited to incidents happening at the borders of two neighbouring Member States. It should therefore be repealed. brings to the internal market. One of those benefits, as mentioned above, is the deterrent effect by putting pressure on Member States to act quickly when an obstacle has occurred, and the use of the early warning mechanism. However, the evaluation has identified a number of shortcomings. Its evaluation demonstrated that to keep the Regulation coherent, relevant and with EU added value, it needs some adaptation to embrace new technological developments, to ensure faster communication of the obstacle and also inform interested parties and stakeholders. Considering the nature of this Regulation, different from the one of Council Regulation (EC) 2679/98, but taking also into consideration points of convergence between them, there is a need to update Council Regulation (EC) 2679/98 and the need of effective coodination between both regulations in order to ensure the free movement of goods both in normal times and in times of crises (as described in art. 3 of this Regulation: “an exceptional unexpected and sudden, natural or man-made event of extraordinary nature and scale that takes place inside or outside of the Union”).
Amendment 285 #
Proposal for a regulation
Article 1 – paragraph 2 – point b a (new)
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 287 #
Proposal for a regulation
Article 1 – paragraph 2 – point c
Article 1 – paragraph 2 – point c
(c) contingency measures aiming at anticipation and planning, planning and strengthening resilience;
Amendment 301 #
Proposal for a regulation
Article 1 – paragraph 4
Article 1 – paragraph 4
4. The Commission mayshall obtain any relevant specialised and/or scientific knowledge, which is necessary for the application of this Regulation.
Amendment 304 #
Proposal for a regulation
Article 2 – paragraph 1
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 and with due regard to the respect for fundamental rights as laid down in the Charter of Fundamental Rights of the European Union.
Amendment 317 #
Proposal for a regulation
Article 2 – paragraph 7 a (new)
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 334 #
Proposal for a regulation
Article 3 – paragraph 1 – point 3
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 338 #
Proposal for a regulation
Article 3 – paragraph 1 – point 4
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, or the environment and the disruption, failure, loss or destruction of which would have a significant impact on the functioning of the Single Market, especially the free movement of goods, services or persons;
Amendment 352 #
Proposal for a regulation
Article 3 – paragraph 1 – point 7 a (new)
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 356 #
Proposal for a regulation
Article 3 – paragraph 1 – point 7 b (new)
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)
Article 3a (new)
Amendment 365 #
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. The advisory group shall be composed of one representative from each Member State. Each Member State, the European Parliament and the European Committee of the Regions. Each Member State, the European Parliament and the European Committee of the Regions shall nominate a representative and an alternate representative.
Amendment 373 #
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. The Commission shall chair the advisory group and ensure its secretariat. The Commission mayshall invite a representative of the European Parliament, representatives of EFTA States that are contracting parties to the Agreement on the European Economic Area49 ,and may invite 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.
Amendment 386 #
Proposal for a regulation
Article 4 – paragraph 4 – point b
Article 4 – paragraph 4 – point b
(b) assessingment of significant incidents that the Member States have alerted the Commission to.
Amendment 388 #
Proposal for a regulation
Article 4 – paragraph 4 – point b a (new)
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)
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 393 #
Proposal for a regulation
Article 4 – paragraph 5 – introductory part
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 assist the Commission in the following tasks:
Amendment 398 #
Proposal for a regulation
Article 4 – paragraph 5 – point c a (new)
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 420 #
Proposal for a regulation
Article 4 – paragraph 8
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 429 #
Proposal for a regulation
Article 4 – paragraph 9 a (new)
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 453 #
Proposal for a regulation
Article 6 – paragraph 2 – point b a (new)
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 458 #
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. In order to ensure the operation of the framework referred to in paragraph 1, the Commission mayshall conduct stress tesresilience assessments, simulations and in-action and after-action reviews with Member States, and proposrequire the relevant Union-level bodies and the Member States to update the framework as necessary.
Amendment 463 #
Proposal for a regulation
Article 7 a (new)
Article 7 a (new)
Amendment 474 #
Proposal for a regulation
Article 8 – paragraph 3 – point a
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 477 #
Proposal for a regulation
Article 8 – paragraph 3 – point a a (new)
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 482 #
Proposal for a regulation
Article 8 – paragraph 3 – point d a (new)
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)
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 490 #
Proposal for a regulation
Article 9 – paragraph 1 – introductory part
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 means of an implementing act. Such an implementing acta decision, which the European Parliament and the Council may adopt jointly within 14 days after the transmission of the Commission’s proposal to them. Such a decision shall contain the following:
Amendment 507 #
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
Amendment 512 #
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. The Commission, if it considers that the reasons for activating the vigilance mode pursuant to Article 9(1) remain valid, and taking into consideration the opinion provided by the advisory group, may extend the vigilance mode for a maximum duration of six months by means of an implementing act decision adopted jointly by the European Parliament and the Council.
Amendment 518 #
Proposal for a regulation
Article 10 – paragraph 2
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 524 #
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. IThe implementing acts referred to in paragraphs 1 and 2 shall be adopted in accordance with the examination procedure referred to in Article 42(2).
Amendment 528 #
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. When the vigilance mode has been activated in accordance with Article 9, national competent authorities shall monitor, in consultation with the relevant operators, monitor and assess the supply chains of goods and services of strategic importance that have been identified in the implementing act activating the vigilance mode taking into account the elements referred to Article 12(2). In order to strengthen preparedness, Member States shall, in consultation with national social partners assess and evaluate how workers and economic operators in the strategic areas identified might be affected by the potential crisis.
Amendment 535 #
Proposal for a regulation
Article 11 – paragraph 2
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 electronic means. 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 541 #
Proposal for a regulation
Article 11 – paragraph 3
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 implementing actdecision activating the vigilance mode.
Amendment 545 #
Proposal for a regulation
Article 11 – paragraph 5
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 requests for information and ensure it is kept to a minimumthe monitoring and assessment referred to in paragraph 1 as well as requests for information and ensure it remains proportionate to their resources.
Amendment 552 #
Proposal for a regulation
Article 11 – paragraph 6
Article 11 – paragraph 6
6. The Commission may ask the advisory group to discuss the findings and prospects of evolutionexpected impacts based on the monitoring of supply chains of goods and services of strategic importance.
Amendment 556 #
Proposal for a regulation
Article 11 – paragraph 7
Article 11 – paragraph 7
7. On the basis of the information collected through the activities carried out in accordance with paragraph 1, the Commission mayshall provide a report of the aggregated findings.
Amendment 563 #
Proposal for a regulation
Article 12 – paragraph 1 – subparagraph 1
Article 12 – paragraph 1 – subparagraph 1
The Commission may, among the goods of strategic importance listed in an implementing act decision 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 thereof.
Amendment 564 #
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 – introductory part
Article 12 – paragraph 2 – subparagraph 1 – introductory part
The Commission may require, by means of implementing acts, that the Member States provide information on the goods listed in an implementing actand where applicable services listed in a decision adopted pursuant to Article 9(1), as regards all of the following:
Amendment 589 #
Proposal for a regulation
Article 13 – paragraph 1 – point b
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 598 #
Proposal for a regulation
Article 13 – paragraph 1 – point d
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 613 #
Proposal for a regulation
Article 13 – paragraph 1 – point i a (new)
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)
Article 13 – paragraph 1 – point i b (new)
(i b) the existing or expected impacts on the labour market.
Amendment 620 #
Proposal for a regulation
Article 14 – paragraph 2
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 European Parliament and the Council to activate the Single Market emergency mode.
Amendment 626 #
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
3. The European Parliament and the Council may activate jointly the Single Market emergency mode by means of a Council implementing actdecision. The duration of the activation, shall be specified in the implementing actdecision, and shall be a maximum of six months.
Amendment 636 #
Proposal for a regulation
Article 14 – paragraph 5
Article 14 – paragraph 5
5. As soon as the Single Market emergency mode is activated, the Commission shall, consult the advisory group and without delay, adopt a list of crisis-relevant goods and services by means of an implementing act. The list may be amended by means of implementing acts.
Amendment 644 #
Proposal for a regulation
Article 15 – paragraph 1
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 to the European Parliament and 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 mayEuropean Parliament and the Council may adopt jointly a decision to extend the Single Market emergency mode by no more than six months at a time by means of an implementing act.
Amendment 648 #
Proposal for a regulation
Article 15 – paragraph 2
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 653 #
Proposal for a regulation
Article 15 – paragraph 3
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 658 #
Proposal for a regulation
Article 16 – paragraph -1 (new)
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 661 #
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. When adopting and applying national measures in response to a Single Market emergency and the underlying crisis, Member States shall ensure that their actions 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 666 #
Proposal for a regulation
Article 16 – paragraph 2
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 672 #
Proposal for a regulation
Article 16 – paragraph 3
Article 16 – paragraph 3
3. Any requirement imposed on citizens, workers and businesses shall not create an undue or unnecessary administrative burden.
Amendment 674 #
Proposal for a regulation
Article 16 – paragraph 4
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 678 #
Proposal for a regulation
Article 16 – paragraph 5
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 696 #
Proposal for a regulation
Article 17 – paragraph 1 – point d – introductory part
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 718 #
Proposal for a regulation
Article 17 – paragraph 5
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, that Member State shall not impose travel restrictions on such categories of persons from other Member States that would prevent them from having access to their place of activity or workplace. In particular the needs of those not being able to carry our their work remotely shall be taken into account.
Amendment 729 #
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. During the Single Market emergency mode, the Commission may provide for supportive measures to reinforcfacilitate the free movement of persons referred to in Article 17(6) and 17(7) and to guarantee for the health and safety of workers 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 shall adopt immediately applicable implementing acts in accordance with the procedure referred to in Article 42(3).
Amendment 732 #
Proposal for a regulation
Article 18 – paragraph 3
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 to in Article 42(3). Proposals for implementing acts referred to in paragraphs 1 and 2 shall be transmitted to the European Parliament.
Amendment 734 #
Proposal for a regulation
Article 19 – paragraph 1 – subparagraph 1
Article 19 – paragraph 1 – subparagraph 1
During the Single Market vigilance mode and the Single Market emergency mode, 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 crisis-relevant restrictions of free movement of persons, including workers together with the reasons for those measures and its timing.
Amendment 740 #
Proposal for a regulation
Article 19 – paragraph 2
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 764 #
Proposal for a regulation
Article 19 – paragraph 16
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 773 #
Proposal for a regulation
Article 21 – paragraph 2 a (new)
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 783 #
Proposal for a regulation
Article 22 – paragraph 2 a (new)
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 785 #
Proposal for a regulation
Article 23 – paragraph 1
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 Council implementing acta joint decision of the European Parliament and the Council in accordance with Article 14.
Amendment 832 #
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
When the Single Market emergency mode has been activated by means of a Council implementing actjoint decision of the European Parliament and the Council 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 as regard emergency procedures for the conformity assessment, adoption of common specifications and market surveillance in the context ofdue to a Single Market emergency] as regards crisis-relevant goods, indicating which crisis-relevant goods and emergency procedures are subject to the activation, providing reasons for such activation and its proportionality, and indicating the duration of such activation .
Amendment 840 #
Proposal for a regulation
Article 27 – paragraph 1
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 867 #
Proposal for a regulation
Article 28 – paragraph 2
Article 28 – paragraph 2
2. Fines imposed in the cases referred to in paragraph 1 (a) and (b) shall not exceed 2500 000 EUR or 1% of the average daily global turnover in the preceding business year for each working day of non-compliance with the obligation pursuant to Article 24 and/or Article 27, whichever is the higher. .
Amendment 873 #
Proposal for a regulation
Article 28 – paragraph 3
Article 28 – paragraph 3
3. Fines imposed in the cases referred to in paragraph 1 (c) shall not exceed 12 % 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 12% of total turnover in the preceding business year.
Amendment 888 #
Proposal for a regulation
Article 31 – paragraph 4
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. 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.
Amendment 898 #
Proposal for a regulation
Article 33 – paragraph 1
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 901 #
Proposal for a regulation
Article 33 – paragraph 2 – point a
Article 33 – paragraph 2 – point a
(a) facilitating the expansion or repurposing of existing or the establishment of new production capacities for crisis-relevant goods or services;
Amendment 905 #
Proposal for a regulation
Article 33 – paragraph 2 – point c
Article 33 – paragraph 2 – point c
(c) aiming at accelerating permitting of crisis-relevant goods or services.
Amendment 939 #
Proposal for a regulation
Article 39 – paragraph 1
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. Any procurement contracts concluded in violation to this article are considered void.
Amendment 955 #
Proposal for a regulation
Article 44 – paragraph 1
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 959 #
Proposal for a regulation
Article 44 – paragraph 1 – point a (new)
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)
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)
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)
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)
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
Article 44 – paragraph 2
Amendment 966 #
Proposal for a regulation
Article 45
Article 45