BETA

102 Amendments of Adam BIELAN related to 2022/0278(COD)

Amendment 265 #
Proposal for a regulation
Recital 36
(36) This Regulation respects fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union (the ‘Charter’). In particular, it respects the right to privacy of the economic operators enshrined in Article 7 of the Charter, right to data protection set out in Article 8 of the Charter, the freedom to conduct business and the freedom of contract, which are protected by Article 16 of the Charter, the right to property, protected by Article 17 of the Charter, right to collective bargaining and action protected by Article 268 of the Charter and the right to an effective judicial remedy and to a fair trial as provided for in Article 47 of the Charter. Since the objective of this Regulation cannot be sufficiently achieved by the Member States and can rather, by reason of the scale or effects of the action, be better achieved at Union level, the Union may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective. The Regulation should not affect the autonomy of the social partners as recognised by the TFEU.
2023/03/31
Committee: IMCO
Amendment 279 #
Proposal for a regulation
Article 1 – paragraph 1
1. This Regulation establishes a framework of measures to anticipate, prepare for and respond to impacts of crises on the Single Market, with the purpose of safeguarding the free movement of goods, services and persons and of ensuring the availability of goods and services of strategic importance and crisis- relevant goods and servicesfor which shortages may occur in the Single Market.
2023/03/31
Committee: IMCO
Amendment 282 #
Proposal for a regulation
Article 1 – paragraph 2 – point a
(a) an advisory group to advise SMEI Forum to advise and decide whether the Commission onshall trigger the appropriate measures for anticipating, preventing or responding to the impact of a crisis on the Single Market;
2023/03/31
Committee: IMCO
Amendment 290 #
Proposal for a regulation
Article 1 – paragraph 2 – point d
(d) measures for addressing Single Market impacts of significant incidents that have not yet resulted in a Single Market emergency (Single Market vigilance), including a set of vigilance response measures and
2023/03/31
Committee: IMCO
Amendment 297 #
Proposal for a regulation
Article 1 – paragraph 3
3. Member States shall regularly exchange information on all matters falling within and related to the scope of this Regulation among themselves and with the Commission.
2023/03/31
Committee: IMCO
Amendment 298 #
Proposal for a regulation
Article 1 – paragraph 4
4. The Commission may obtain any relevant specialised and/or scientific knowledge, which is necessary for the application of this Regulation.deleted
2023/03/31
Committee: IMCO
Amendment 306 #
Proposal for a regulation
Article 2 – paragraph 1
1. The measures set out in this Regulation apply in relation to significant impacts of a crisis on the functioning of the Single Market and its supply chains.
2023/03/31
Committee: IMCO
Amendment 308 #
Proposal for a regulation
Article 2 – paragraph 2 – point f a (new)
(f a) critical raw materials as defined in [the EU Critical Raw Materials Act]
2023/03/31
Committee: IMCO
Amendment 309 #
Proposal for a regulation
Article 2 – paragraph 3 a (new)
3 a. This Regulation shall complement the Integrated Political Crisis Response mechanism operated by the Council under Council Implementing Decision (EU) 2018/1993, if and when activated, as regards its work on Single Market impacts of cross-sectoral crises that require political decision-making.
2023/03/31
Committee: IMCO
Amendment 316 #
Proposal for a regulation
Article 2 – paragraph 7
7. Any actions under this Regulation shall be consistent with Union’s laws and obligations under international law, such us WTO rules.
2023/03/31
Committee: IMCO
Amendment 318 #
Proposal for a regulation
Article 2 – paragraph 8
8. This Regulation is without prejudice to the responsibility of the Member States to safeguard national security or their power to safeguard essential state functions and any other prerogatives forseen in the Treaties, including ensuring the territorial integrity of the State and maintaining law and order.
2023/03/31
Committee: IMCO
Amendment 319 #
Proposal for a regulation
Article 3 – paragraph 1 – point 1
(1) ‘crisis’ means an exceptional, unexpected and sudden, natural or man- made event of extraordinary nature and scale that takes place inside or outside of the Union with a demonstrated risk of life- threatening, serious and lasting repercussions on living conditions or economic stability, or the substantial degradation of economic assets in the Union or the relevant Member State(s), and which is likley to disrupt the free movement of goods, people and services in the Single Market and cause shortages of critical goods, semi-finished products, raw materials, services and workers in the Single Market;
2023/03/31
Committee: IMCO
Amendment 326 #
Proposal for a regulation
Article 3 – paragraph 1 – point 1 a (new)
(1 a) 'shortage in the Single Market’ means lack or deficiency of critical goods, semi-finished products, raw materials and/or services in the Single Market as a result of an exceptionally high demand or disruptions in the supply chains of goods and services and/or impediments to the movements of people.
2023/03/31
Committee: IMCO
Amendment 332 #
Proposal for a regulation
Article 3 – paragraph 1 – point 3
(3) ‘Single Market emergency’ means a wide-ranging impact of a crisis on the Single Market that severely disrupts the free movement on the Single Market or, the functioning of the supply chains and casues shortages of critical goods, semi- finished products, raw materials and services that are indispensable in the maintenance of vital societal or economic activities in the Single Market;
2023/03/31
Committee: IMCO
Amendment 337 #
Proposal for a regulation
Article 3 – paragraph 1 – point 4
(4) ‘strategically important areas’ means those areas with critical importance to the Union and its Member States, in that they are of systemic and vital importance for public security, public safety, public order or public health, and the disruption, failure, loss or destruction of which would have a significant impact on the functioning of the Single Market in particular food, transport, energy, defence, health, cybersecurity, information and digital technology and industrial technologies;
2023/03/31
Committee: IMCO
Amendment 342 #
Proposal for a regulation
Article 3 – paragraph 1 – point 5
(5) ‘critical goods and services of strategic importance’ means goodcritical goods, semi-finished products, raw materials and services that are indispensable for ensuring the functioning of the Single Market in strategically important areas as described in Article 3(4) of this Regulation and which cannot be substituted or diversified by the Member States;
2023/03/31
Committee: IMCO
Amendment 347 #
Proposal for a regulation
Article 3 – paragraph 1 – point 6
(6) ‘crisis-relevant critical goods and services’ means goodcritical goods, semi- finished products, raw materials and services, that are indispensable for responding to the crisis or for addressing the impacts of the crisis on the Single Market during a Single Market emergency ;
2023/03/31
Committee: IMCO
Amendment 353 #
Proposal for a regulation
Article 3 – paragraph 1 – point 7 a (new)
(7 a) ‘representative umbrella organisations of economic operators at Union level’ means a legal person that is constituted in accordance with the national law of the Member State whose statutory purpose is to represent economic operators active at EU level from a plurality of sectors and companies (and entrepreneurs) of all sizes.
2023/03/31
Committee: IMCO
Amendment 360 #
Proposal for a regulation
Article 4 – paragraph 1
1. An advisory groupThe SMEI Forum is established.
2023/03/31
Committee: IMCO
Amendment 366 #
Proposal for a regulation
Article 4 – paragraph 2
2. The advisory groupSMEI forum shall be composed of one representative from each Member State. Each Member State and from representative umbrella organisations of economic operators at Union level. Each SMEI forum member shall nominate a representative and an alternate representative.
2023/03/31
Committee: IMCO
Amendment 378 #
Proposal for a regulation
Article 4 – paragraph 4 – introductory part
4. For the purpose of contingency planning under Articles 6 to 8, the advisory group shall assist and adviseset binding decission on the Commission actions as regards the following tasks:
2023/03/31
Committee: IMCO
Amendment 384 #
Proposal for a regulation
Article 4 – paragraph 4 – point b
(b) assessingment of significant incidents that the Member StateSMEI Forum members have alerted the Commission to.
2023/03/31
Committee: IMCO
Amendment 391 #
Proposal for a regulation
Article 4 – paragraph 5
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: (a) establishing whether the threat referred to in Article 3(2) is present, and the scope of such threat; (b) gathering foresight, data analysis and market intelligence; (c) consulting the representatives of economic operators, including SMEs, and industry to collect market intelligence; (d) analysing aggregated data received by other crisis-relevant bodies at Union and international level; (e) of information, including with other relevant bodies and other crisis-relevant bodies at Union level, as well asthird countries, as appropriate, with particular attention paid to developing countries, and international organisations; (f) national and Union crisis measures that have been used in previous crises that have had an impact on the Single Market and its supply chainsdeleted facilitating exchanges and sharing maintaining a repository of
2023/03/31
Committee: IMCO
Amendment 404 #
Proposal for a regulation
Article 4 – paragraph 6 – introductory part
6. For the purposes of the Single Market emergency mode as referred to in Article 14, the advisory group shall assist the Commission in the following tasksSMEI Forum shall set binding decission on the Commission actions through:
2023/03/31
Committee: IMCO
Amendment 410 #
Proposal for a regulation
Article 4 – paragraph 6 – point b
(b) establishing whether the criteria for activation or deactivation of the emergency mode have been fulfilled and evidences substantiaing such decision are sufficient and reliable;
2023/03/31
Committee: IMCO
Amendment 417 #
Proposal for a regulation
Article 4 – paragraph 7
7. The Commission shall ensure the participation of all bodies at Union level that are relevant to the respective crisis. The advisory group shall cooperate and coordinate closely, where appropriate, with other relevant crisis-related bodies at Union level. The Commission shall ensure coordination with the measures implemented through other Union mechanisms, such as the Union Civil Protection Mechanism (UCPM) or the EU Health Security Framework, [the Chips Act], [the EU Critical Raw Materials]. The advisory group shall ensure information exchange with the Emergency Response Coordination Centre under the UCPM.
2023/03/31
Committee: IMCO
Amendment 419 #
Proposal for a regulation
Article 4 – paragraph 8
8. The advisory group shall meet at least three times a year. At its first meeting, on a proposal by and in agreement with the Commission, the advisory group shall adopt its rules of procedure. The SMEI forum members representing umbrella organisations of economic operators at Union level shall have no right to vote.
2023/03/31
Committee: IMCO
Amendment 428 #
Proposal for a regulation
Article 4 – paragraph 9
9. The advisory group may adopt opindecisions, or recommendations or reports in the context of its tasks set out in paragraphs 4 to 6.
2023/03/31
Committee: IMCO
Amendment 430 #
Proposal for a regulation
Article 5 – paragraph 1
1. Member States shall designate central liaison offices responsible for contacts, coordination and information exchange with the central liaison offices of other Member States and Union level central liaison office under this Regulation. Such liaison offices shall coordinate and compile the inputs from relevant national competent authorities and where appropriate, ensure access to up-to-date crisis-relevant information for economic operators, in real-time whenever technically feasible.
2023/03/31
Committee: IMCO
Amendment 432 #
Proposal for a regulation
Article 5 – paragraph 2
2. The Commission shall designate a Union level central liaison office for contacts with the central liaison offices of the Member States during the Single Market vigilance and emergency modes under this Regulation. The Union level central liaison office shall ensure the coordination and information exchange with the central liaison offices of the Member States for the management of the Single Market vigilance and emergency modesand the bodies at Union level that are relevant to the respective crisis for the management of the Single Market vigilance and emergency modes and where appropriate, provision of access to up-to-date crisis-relevant information for economic operators, in real-time whenever technically feasible .
2023/03/31
Committee: IMCO
Amendment 435 #
Proposal for a regulation
Article 6 – paragraph 1
1. The Commission taking into consideration the opinion of the advisory group and the input of relevant Union level bodies, is empowered after consulting the Member States, to adopt a delegated act to supplement this Regulation with a framework setting out crisis protocols regarding crisis cooperation, exchange of information and crisis communication for the Single Market vigilance and emergency modes, in particular: (a) Union level competent authorities for the management of the Single Market vigilance and emergency modes in vigilance and emergency modes across the sectors of the Single Market; (b) general modalities for secure exchange of information; (c) crisis communication also vis-à-vis the public with a coordinating role for the Commission; (d)deleted cooperation between national and a coordinated approach to risk and the management of the framework.
2023/03/31
Committee: IMCO
Amendment 446 #
Proposal for a regulation
Article 6 – paragraph 2 – point a
(a) an inventory of relevant national competent authorities, the central liaison offices designated in accordance with Article 5 and single points of contact referred to in Article 21, their contact details, assigned roles and responsibilities during the vigilance and emergency modes of this Regulation under national law;
2023/03/31
Committee: IMCO
Amendment 450 #
Proposal for a regulation
Article 6 – paragraph 2 – point b
(b) consultation of the representatives of economic operators and social partners, including SMEs, on their initiatives and actions to mitigate and respond to potential supply chain disruptions and overcome potential shortages of goods and services in the Single Market emergency;
2023/03/31
Committee: IMCO
Amendment 456 #
Proposal for a regulation
Article 6 – paragraph 2 – point d
(d) risk and emergency communication, with a coordinating role for the Commission, adequately taking into account already existing structures;
2023/03/31
Committee: IMCO
Amendment 464 #
Proposal for a regulation
Article 8 – paragraph 1
1. The central liaison office of a Member State shall notify the Commission and the central liaison offices of other Member States without undue delay of any incidents that significantly disrupt or have the potentialis likley to significantly disrupt the functioning of the Single Market and its supply chains and could lead to shortages in the Single Market (significant incidents).
2023/03/31
Committee: IMCO
Amendment 471 #
Proposal for a regulation
Article 8 – paragraph 3 – introductory part
3. In order to determine whether the disruption or the likelihood of potential disruption of the functioning of the Single Market and its supply chains of goods and services is significant and should be the object of an alert, the central liaison office of a Member State shall take the following into account:
2023/03/31
Committee: IMCO
Amendment 481 #
Proposal for a regulation
Article 8 – paragraph 3 – point c
(c) the geographical area; the proportion of the Single Market affected by the disruption or potential disruption and its cross-border effects; the impact on specific geographical areas particularly vulnerable or exposed to supply chain disruptions including the EU outermost regions;
2023/03/31
Committee: IMCO
Amendment 486 #
Proposal for a regulation
Part III
III [...]deleted
2023/03/31
Committee: IMCO
Amendment 581 #
Proposal for a regulation
Article 13 – paragraph 1 – introductory part
1. When assessing the severity of a disruption for the purposes of ascertaining whether the impact of a crisis on the Single Market qualifies as a Single Market emergency, the Commission and SMEI Forum shall, based on concrete and reliable evidence, taking into account at least the following indicators:
2023/03/31
Committee: IMCO
Amendment 590 #
Proposal for a regulation
Article 13 – paragraph 1 – point b
(b) an assessment of the demand data and an estimation of the number of economic operations or users relying on the disrupted sector or sectors of the Single Market for the provision of the goods or services concerned;
2023/03/31
Committee: IMCO
Amendment 594 #
Proposal for a regulation
Article 13 – paragraph 1 – point c
(c) the importance of the goods or services concerned for other sectorsdisruption in provision of the crisis relevant goods or services for other sectors from the perspective of cross-border impact;
2023/03/31
Committee: IMCO
Amendment 595 #
Proposal for a regulation
Article 13 – paragraph 1 – point c a (new)
(c a) estimated shortage of goods and services in the Single Market
2023/03/31
Committee: IMCO
Amendment 601 #
Proposal for a regulation
Article 13 – paragraph 1 – point e
(e) the possible measuers economic operators affected have not been able to provide a solution in a reasonable time tomight undertake to address the particular aspects of the crisis on a voluntary basis.
2023/03/31
Committee: IMCO
Amendment 611 #
Proposal for a regulation
Article 13 – paragraph 1 – point i
(i) the absence of substitute goods, inputs or services directly linked to the crisis.
2023/03/31
Committee: IMCO
Amendment 617 #
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
Amendment 621 #
Proposal for a regulation
Article 14 – paragraph 2
2. Where the Commission, taking into consideration the opinion provided by the advisory groupogether with the SMEI Forum, considers there is a Single Market emergency, it shall propose to the Council to activate the Single Market emergency mode.
2023/03/31
Committee: IMCO
Amendment 625 #
Proposal for a regulation
Article 14 – paragraph 3
3. The Council may activate the Single Market emergency mode by means of a Council implementing act. It will contain a list of crisis-relevant goods and services. The duration of the activation, hall be specified in the implementing act, and shall be a maximum of six months.
2023/03/31
Committee: IMCO
Amendment 630 #
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
Amendment 632 #
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. The list may be amended by means of implementing acts.deleted
2023/03/31
Committee: IMCO
Amendment 638 #
Proposal for a regulation
Article 14 – paragraph 6
6. The Commission implementing act referred to in paragraph 5 shall be adopted in accordance with the examination procedure referred to in Article 42(2). 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
Amendment 646 #
Proposal for a regulation
Article 15 – paragraph 1
1. Where the Commission considers, taking into consideration the opinion provided by the advisory groupogether with the SMEI Forum, that an extension of the Single Market emergency mode is necessary, it shall propose to the Council to extend the Single Market emergency mode. Subject to urgent and exceptional changes in circumstances, the Commission shall endeavour to do so no later than 30 days before the expiry of the period for which the Single Market emergency mode has been activated. The Council may extend the Single Market emergency mode by no more than six months at a time by means of an implementing act.
2023/03/31
Committee: IMCO
Amendment 654 #
Proposal for a regulation
Article 15 – paragraph 3
3. The measures taken in accordance with Articles 24 to 33 and pursuant to the emergency procedures introduced in the respective Union legal frameworks by means of the amendments to sectorial product legislation set out in Regulation of the European Parliament and of the Council amending Regulation (EU) 2016/424, Regulation (EU) 2016/425, Regulation (EU) 2016/426, Regulation (EU) 2019/1009 and Regulation (EU) No 305/2011 and introducing emergency procedures for the conformity assessment, adoption of common specifications and market surveillance in the context of a Single Market emergency and Directive of the European Parliament and of the Council amending Directives 2000/14/EC, 2006/42/EC, 2010/35/EU, 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 introducingas regard emergency procedures for the conformity assessment, adoption of common specifications and market surveillance in the context ofdue 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 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.
2023/03/31
Committee: IMCO
Amendment 656 #
Proposal for a regulation
Article 16
restricting free movement to address a 1. national measures in response to a Single Market emergency and the underlying crisis, Member States shall ensure that their actions fully comply with the Treaty and Union law and, in particular, with the requirements laid down in this Article. 2. time and removed as soon as the situation allows it. Additionally, any restriction should take into account the situation of border regions. 3. citizens and businesses shall not create an undue or unnecessary administrative burden. 4. citizens, consumers, businesses, workers and their representatives about measures that affect their free movement rights in a clear and unambiguous manner. 5. 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.Article 16 deleted General requirements for measures Single Market emergency When adopting and applying Any restriction shall be limited in Any requirement imposed on Member States shall inform Member States shall ensure that
2023/03/31
Committee: IMCO
Amendment 682 #
Proposal for a regulation
Article 17
[...]deleted
2023/03/31
Committee: IMCO
Amendment 725 #
Proposal for a regulation
Article 18 – paragraph 1
1. During the Single Market emergency mode, the Commission may provide for supportive measures to reinforce free movement of persons referred to in Article 17(6) and 17(7) 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)by means of implementing acts.
2023/03/31
Committee: IMCO
Amendment 731 #
Proposal for a regulation
Article 18 – paragraph 2
2. During the Single Market emergency mode, where the Commission establishes that Member States have put in place templates for attesting that the individual or economic operator is a service provider that provides crisis- relevant services, a business representative or worker that is involved in production of crisis-relevant goods or provision of crisis- relevant services or a civil protection worker and it considers that the use of different templates by each Member States is an obstacle to the free movement at the time of a Single Market emergency, the Commission may issue, if it considers it necessary for supporting the free movement of such categories of persons and their equipment during the ongoing Single Market emergency, templates for attesting that they fulfil the relevant criteria for the application Article 17(6) in all Member States by means of implementing acts.
2023/03/31
Committee: IMCO
Amendment 737 #
Proposal for a regulation
Article 19 – paragraph 1 – subparagraph 1
During the Single Market emergency, Member States shall notify to the Commission and SMEI Forum any crisis- relevant draft measures restricting free movement of goods and the freedom to provide services as well as crisis-relevant restrictions of free movement of persons, including workers together with the reasons for those measures.
2023/03/31
Committee: IMCO
Amendment 743 #
Proposal for a regulation
Article 19 – paragraph 5
5. If the advisory groupSMEI Forum chooses to deliver an opinion on a notified measure, it shall do so within four working days from the date of receipt by the Commission of the notification concerning that measureout undue delay.
2023/03/31
Committee: IMCO
Amendment 748 #
Proposal for a regulation
Article 19 – paragraph 7
7. Member States shall postpone the adoption of a notified draft measure for 10 days from the date of receipt by the Commission of the notification referred to in this Article.deleted
2023/03/31
Committee: IMCO
Amendment 749 #
Proposal for a regulation
Article 19 – paragraph 8
8. Within 10 days from the date of receipt of the notification, the CommissionThe Commission without undue delay shall examine the compatibility of any draft or adopted measure with Union law, including Articles 16 and 17 of this Regulation as well as the principles of proportionality and non-discrimination, and may provide comments on the notified measure when there are immediately obvious and serious grounds to believe that it does not comply with Union law. Such comments shall be taken into account by the notifying Member State. In exceptional circumstances, in particular to receive scientific advice, evidence or technical expertise in the context of an evolving situation, the period of 10 days may be extended by the Commission. The Commission shall set out the reasons justifying any such extension, shall set a new deadline and shall inform the Member States about the new deadline and the reasons for the extension without delay.
2023/03/31
Committee: IMCO
Amendment 754 #
Proposal for a regulation
Article 19 – paragraph 10
10. The notifying Member State shall communicate the measures it intends to adopt in order to comply with the comments delivered in accordance with paragraph 8 to the Commission within 10 days after receiving themout undue delay.
2023/03/31
Committee: IMCO
Amendment 755 #
Proposal for a regulation
Article 19 – paragraph 11
11. If the Commission finds that the measures communicated by the notifying Member State are still not in accordance with Union law, it may issue within 30 days of that communication, a decision requiring that Member State to refrain from adopting the notified draft measure. The notifying Member State shall communicate the adopted text of a notified draft measure to the Commission without delay.deleted
2023/03/31
Committee: IMCO
Amendment 757 #
Proposal for a regulation
Article 19 – paragraph 12
12. If the Commission finds that an already adopted measure that has been notified to it, is not in accordance with Union law, it may issue within 30 days of that notification a decision requiring the Member State to abolish itshall coomunicate it to the Member Stae. The notifying Member State shall communicate the text of a revised measure in case it modifies the notified adopted measure without delay.
2023/03/31
Committee: IMCO
Amendment 759 #
Proposal for a regulation
Article 19 – paragraph 13
13. The period of 30 days referred to in paragraphs 11 and 12 may be exceptionally extended by the Commission in order to take account of a change of circumstances, in particular to receive scientific advice, evidence or technical expertise in the context of an evolving situation. The Commission shall set out the reasons justifying any such extension and shall set a new deadline and shall inform the Member States about the new deadline and the reasons for the extension without delay.deleted
2023/03/31
Committee: IMCO
Amendment 761 #
Proposal for a regulation
Article 19 – paragraph 14
14. The Commission decisions referred to in paragraphs 11 and 12 shall be based on available information and may be issued when there are immediately obvious and serious grounds to believe that the notified measures do not comply with Union law, including Article 16 or 17 of this Regulation, the principle of proportionality or the principle of non- discrimination. The adoption of those decisions shall be without prejudice to the possibility for the Commission to adopt measures at a later stage, including the launching of an infringement procedure on the basis of Article 258 TFEU.deleted
2023/03/31
Committee: IMCO
Amendment 767 #
Proposal for a regulation
Article 21 – paragraph 1 – point a
(a) assistance in requesting andin obtaining information about national restrictions of the free movement of goods, services, persons and workers that are related to an activated Single Market emergency;
2023/03/31
Committee: IMCO
Amendment 768 #
Proposal for a regulation
Article 21 – paragraph 1 – point b
(b) assistance in the performance of any national level crisis procedures and formalities that have been put in place due to the activated Single Market emergency.
2023/03/31
Committee: IMCO
Amendment 772 #
Proposal for a regulation
Article 21 – paragraph 2
2. Member States shall ensure that it is possible for citizens, consumers, economic operators and workers and their representatives to receive, at their request and via thean electronic platform or respective single points of contact, information from the competent authorities on the way in which the respective national crisis response measures are generally interpreted and applied. Where appropriate, such information shall include a step-by- step guide. The information shall be provided in clear, understandable and intelligible language. It shall be easily accessible at a distance and by electronic means and shall be kept up to date.
2023/03/31
Committee: IMCO
Amendment 779 #
Proposal for a regulation
Article 22 – paragraph 2 – point a
(a) assistance in requesting and obtaining information as regards Union level crisis response measures that are relevant to the activated Single Market emergency or which affect the exercise of the free movement of goods, services, persons and workers;
2023/03/31
Committee: IMCO
Amendment 780 #
Proposal for a regulation
Article 22 – paragraph 2 – point b
(b) assistance in the performance of any crisis procedures and formalities that have been put in place at the Union level due to the activated Single Market emergency;
2023/03/31
Committee: IMCO
Amendment 781 #
Proposal for a regulation
Article 22 – paragraph 2 – point c
(c) putting together a list with all national crisis measures and national contact points.deleted
2023/03/31
Committee: IMCO
Amendment 782 #
Proposal for a regulation
Article 22 – paragraph 2 a (new)
2 a. The single point of contact opearing at the Union level shall draft and keep updated a list including all crisis measures taken at the national level, a list of national contact points and assist citizens, consumers, economic operators, workers and their representatives in obtaining relevant information.
2023/03/31
Committee: IMCO
Amendment 784 #
Proposal for a regulation
Article 23
1. 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 act in accordance with Article 14. 2.3 deleted Requirement of dual activation Binding measures included in this Chapter shall clearly and specifically list the crisis- relevant goods and services to which such measure applies. That measure shall apply only for the duration of the emergency mode.An implementing act introducing a
2023/03/31
Committee: IMCO
Amendment 789 #
Proposal for a regulation
Article 24
[...]deleted
2023/03/31
Committee: IMCO
Amendment 828 #
Proposal for a regulation
Article 25 – paragraph 2
2. Member States and the Commission shall ensure the protection of trade and business secrets and other sensitive and confidential information acquired and generated in application of this Regulation, including recommendations and measures to be taken, and compensate for damages in the event of accidental disclosures in accordance with Union and the respective national law.
2023/03/31
Committee: IMCO
Amendment 833 #
Proposal for a regulation
Article 26 – paragraph 1
When the Single Market emergency mode has been activated by means of a Council implementing act adopted pursuant to Article 14, and there is a shortage of crisis relevant goods the Commission may activate by means of implementing acts the emergency procedures included in the Union legal frameworks amended by [Regulation of the European Parliament and of the Council amending Regulation (EU) 2016/424, Regulation (EU) 2016/425, Regulation (EU) 2016/426, Regulation (EU) 2019/1009 and Regulation (EU) No 305/2011 and introducing emergency procedures for the conformity assessment, adoption of common specifications and market surveillance in the context of a Single Market emergency and Directive of the European Parliament and of the Council amending Directives 2000/14/EC, 2006/42/EC, 2010/35/EU, 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 introducingas regard emergency procedures for the conformity assessment, adoption of common specifications and market surveillance in the context ofdue to a Single Market] 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 .
2023/03/31
Committee: IMCO
Amendment 839 #
Proposal for a regulation
Article 27
[...]deleted
2023/03/31
Committee: IMCO
Amendment 861 #
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. Fines imposed in the cases 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 In fixing the amount of the fine, The Court of Justice of the
2023/03/31
Committee: IMCO
Amendment 876 #
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) infringements of provisions 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.Article 29 deleted fines The Commission power to impose two years in the case of 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
Amendment 879 #
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
Amendment 885 #
Proposal for a regulation
Article 31
Right to be heard for the imposition of 1. 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. The Commission shall base its 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 Before adopting a decision preliminary findings of the measures that the Commission Undertakings and representative The rights of defence of the
2023/03/31
Committee: IMCO
Amendment 890 #
Proposal for a regulation
Article 32
Coordinated distribution of strategic Where the strategic reserves constituted by the Member States in accordance with Article 132 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 strategic reserves 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 and 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.deleted reserves
2023/03/31
Committee: IMCO
Amendment 896 #
Proposal for a regulation
Article 33
Measures to ensure the availability and supply of crisis-relevant goods and services 1. considers that there is a risk of a shortage of crisis-relevant goods, 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. 2. referred to in paragraph 1 may include measures: (a) repurposing of exisArticle 33 deleted The Commission may, when it In particular, the measures facilitating or the establishment of new production capacities for crisis-relevant goods; (b) exisxpansion or facilitating or the establishment of new capacities related to service activities; (c) of crisis-relevant goods.xpansion of aiming at accelerating permitting
2023/03/31
Committee: IMCO
Amendment 907 #
Proposal for a regulation
Part V – Chapter I – title
I Procurement of goods crisis-relevandt services of strategic importance and crisis-relevantand goods by the Commission on behalf of Member States during vigilance and emergency modes
2023/03/31
Committee: IMCO
Amendment 911 #
Proposal for a regulation
Article 34 – paragraph 1
1. Two or more Member States may request that the Commission launch a procurement on behalf of the Member States that wish to be represented by the Commission (ʽparticipating Member Statesʼ), for the purchasing of goods and services of strategic importance listed in an implementing act adopted pursuant to Article 9(1) or crisis- relevant goods and services listed in an implementing act adopted pursuant to Article 14(5).
2023/03/31
Committee: IMCO
Amendment 916 #
Proposal for a regulation
Article 34 – paragraph 3
3. Where the Commission agrees to procure on behalf of the Member States, it shall draw up a proposal for a frameworkauthorising 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.
2023/03/31
Committee: IMCO
Amendment 919 #
Proposal for a regulation
Article 35 – paragraph 1
1. The agreement [referred to in Article 34(3) shall establish a negotiating mandate for the Commission to act as a central purchasing body for relevant goods and services of strategic importance or crisis-relevant goods and services on behalf of the participating Member States through the conclusion of new contracts.
2023/03/31
Committee: IMCO
Amendment 922 #
Proposal for a regulation
Article 35 – paragraph 2
2. In accordance with the agreement, the Commission may be entitled, on behalf of the participating Member States, to enter into contracts with economic operators, including individual producers of goods and services of strategic importance or crisis- relevant goods and services, concerning the purchase of such goods or services.
2023/03/31
Committee: IMCO
Amendment 924 #
Proposal for a regulation
Article 35 – paragraph 3
3. Representatives of the Commission or experts nominated by the Commission may carry out on-site visits at the locations of production facilities of relevant goods of strategic importance or crisis-relevant goods.deleted
2023/03/31
Committee: IMCO
Amendment 933 #
Proposal for a regulation
Article 38 – paragraph 1
When the Single Market emergency mode has been activated pursuant to Article 14, Member States shall consult each other and the Commission and coordinate their actions withexchange available information on the procurement demand of crisis relevant goods and services listed in the implementing act adopted pursuant to Article 14(3) with each other and the Commission andvia the representatives of the other Member States in the advisory group prior toSMEI Forum. The SMEI Forum may make proposals for voluntary coordination of actions of the Commission and Member States regarding launching of a procurement of crisis- relevant goods and services listed in an implementing act adopted pursuant to Article 14(53) in accordance with Directive 2014/24/EU of the European Parliament and 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)..
2023/03/31
Committee: IMCO
Amendment 934 #
Proposal for a regulation
Article 38 – paragraph 1 a (new)
Where Emergency mode has been activated, contracting authorities and contracting entities of the Member States in relation to procurement of crisis- relevant goods and services may on that basis decide not to apply an IPI measures adopted according to Regulation 2022/1031 of 23 June 2022.
2023/03/31
Committee: IMCO
Amendment 935 #
Proposal for a regulation
Article 38 – paragraph 1 b (new)
Article 32 (2) of Regulation 2022/2560 of 14 December 2022 is not applied, when contracting authorities and contracting entities of Member States are awarding public contract on crisis-relevant goods and services, included on the list adopted pursuant to Article 14 (3), when only one valid tender has been filed in the contract award procedure.
2023/03/31
Committee: IMCO
Amendment 936 #
Proposal for a regulation
Article 38 – paragraph 1 c (new)
Where Emergency mode has been activated, the contracting authority or contracting entity may contact in writing all invited candidates before the time limit for receipt of requests to participate or tenders, with the sole purpose of clarifying their intention to submit a request to participate or a tender.
2023/03/31
Committee: IMCO
Amendment 937 #
Proposal for a regulation
Article 38 – paragraph 1 d (new)
Where Emergency mode has been activated, the contracting authority may, in agreement with the economic operator, modify a contract or a framework contract beyond the threshold referred to in Directive 2014/24/EU, Directive 2014/25/EU, provided that it does not exceed 100% of the initial contract value, and that it is justified as strictly necessary to respond to the evolution of the crisis.
2023/03/31
Committee: IMCO
Amendment 938 #
Proposal for a regulation
Article 39 – paragraph 1
1. Where the Single Market emergency mode has been activated pursuant to Article 16 and procurement by the Commission on behalf of Member States has been launched in accordance with Articles 34 to 36, the defined contracting authorities of the participating Member States shall not procure goods or services covered by such procurement by other meanmay be obliged in the authorising agreement concluded with the Commission pursuant to Article 34(3) not procure goods or services covered by such procurement by other means. 2. The Member State retains the right to waive any ban on individual procurement action of the contracting authorities established by the authorizing agreement concluded pursuant to Article 34 (3), where such a ban will result in severe and disproportionate disruptions in Member States.
2023/03/31
Committee: IMCO
Amendment 950 #
Proposal for a regulation
Article 42 – paragraph 3
3. Where reference is made to this paragraph, Article 8 of Regulation (EU) No 182/2011, in conjunction with Article 5 thereof, shall apply. The SMEI Committee is obliged to review such implementing act with undue delay. In case the SMEI Committee delivers a negative decision, such decision needs to be taken as soon as possible.
2023/03/31
Committee: IMCO
Amendment 951 #
Proposal for a regulation
Article 43
1. is conferred on the Commission subject to the conditions laid down in this Article. 2. referred to in Article 6 shall be conferred on the Commission for a period of five years from date of entry into force of this Directive or any other date set by the co- legislators. 3. to in Article 6 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. 4. the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. 5. act, the Commission shall notify it simultaneously to the European Parliament and to the Council.Article 43 deleted Delegated acts The power to adopt delegated acts The power to adopt delegated acts The delegation of power referred Before adopting a delegated act, As soon as it adopts a delegated
2023/03/31
Committee: IMCO
Amendment 954 #
Proposal for a regulation
Article 44 – title
Report, review and reviewaluation
2023/03/31
Committee: IMCO
Amendment 957 #
Proposal for a regulation
Article 44 – paragraph 1
1. By [OP: please insert date = five years from the entry into force of this Regulation] and every fivthree 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,carry out an evaluation of the effectiveness of this Regulation and shall submit a report on the functioning of the Regulation to the European Parliament, to the Council and to the European Economic and Social Committee. The report shall be accompanied, where appropriate, by relevant legislative proposals.
2023/03/31
Committee: IMCO
Amendment 965 #
Proposal for a regulation
Article 44 – paragraph 2
2. This report 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.deleted
2023/03/31
Committee: IMCO
Amendment 968 #
Proposal for a regulation
Article 46 – title
Entry into force and application
2023/03/31
Committee: IMCO
Amendment 969 #
Proposal for a regulation
Article 46 – paragraph 1
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union. It shall apply from [18 months from the entry into force of this Regulation] Or. en (This amendment applies horizontally across the SMEI initiative.)
2023/03/31
Committee: IMCO