Legal provisions of COM(2022)459 - Single Market emergency instrument and repealing Council Regulation No (EC) 2679/98 - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2022)459 - Single Market emergency instrument and repealing Council Regulation No (EC) 2679/98. |
|---|---|
| document | COM(2022)459  |
| date | October 9, 2024 |
TITLE I
GENERAL PROVISIONS
CHAPTER I
Subject matter, objectives, scope and definitions
Article 1
Subject matter and objectives
1. This Regulation establishes a framework of harmonised measures to effectively anticipate, prepare for and respond to the impact of crises on the internal market.
2. The framework referred to in paragraph 1 aims to:
| (a) | safeguard and facilitate the free movement of goods, services and persons, including workers; |
| (b) | ensure the availability of goods and services of critical importance and crisis-relevant goods and services in the internal market where the Member States have adopted or are likely to adopt divergent national measures; and |
| (c) | prevent the creation of obstacles to the proper functioning of the internal market. |
3. This Regulation lays down, in particular:
| (a) | rules on the establishment and functioning of an Internal Market Emergency and Resilience Board to assist and advise the Commission with regard to anticipating, preventing or responding to the impact of a crisis on the internal market; |
| (b) | contingency measures relating to anticipation, planning and resilience; |
| (c) | measures, during the internal market vigilance mode, for addressing the impact of a threat of a crisis that has the potential to escalate into an internal market emergency; |
| (d) | measures, during the internal market emergency mode, for addressing the impact of a crisis on the internal market, including measures that facilitate the free movement of goods, services and persons, including workers, during that mode; |
| (e) | rules on public procurement during the internal market vigilance and emergency modes; |
| (f) | rules on the provision of digital tools and the cooperation between the competent authorities. |
Article 2
Scope
1. This Regulation shall apply to goods, services and persons, including workers, within the internal market.
2. This Regulation shall not apply to the following:
| (a) | medicinal products as defined in Article 1, point (2), of Directive 2001/83/EC of the European Parliament and of the Council (48); |
| (b) | medical devices as defined in Article 2, point (e), of Regulation (EU) 2022/123; |
| (c) | other medical countermeasures as referred to in Article 3, point (10), of Regulation (EU) 2022/2371 and included in the list established in accordance with Article 7(1) of Regulation (EU) 2022/2372; |
| (d) | semiconductors as defined in Article 2, point (1), of Regulation (EU) 2023/1781 of the European Parliament and of the Council (49); |
| (e) | energy products within the meaning of Article 2, paragraph 1, of Council Directive 2003/96/EC (50), electricity within the meaning of Article 2, paragraph 2, of that Directive and other products as referred to in Article 2, paragraph 3, of that Directive; |
| (f) | financial services, such as banking, credit, insurance and re-insurance, occupational or personal pensions, securities, investment funds, payment and investment advice, including the services and activities listed in Annex I to Directive 2013/36/EU of the European Parliament and of the Council (51), as well as settlement and clearing activities and advisory, intermediation and other auxiliary financial services; |
| (g) | defence-related products as defined in Article 3, point 1, of Directive 2009/43/EC of the European Parliament and of the Council (52) or as defined by the national law of Member States in compliance with Union law. |
3. By way of derogation from paragraph 2, points (a), (b) and (c), of this Article, Articles 20 to 23 and Article 44 of this Regulation shall apply to the products referred to in those points.
4. This Regulation is without prejudice to other legal acts of the Union laying down specific rules on crisis response or crisis management, such as:
| (a) | Decision No 1313/2013/EU of the European Parliament and of the Council (53) establishing the Union Civil Protection Mechanism; |
| (b) | the relevant provisions of Regulation (EU) 2015/479 relating to the Commission’s power to assess whether it is appropriate to impose restrictions to exports of goods in line with the international rights and obligations of the Union; |
| (c) | Regulations (EU) 2022/2371 and (EU) 2022/2372 relating to the EU Health Security Framework; |
| (d) | Decision 2014/415/EU establishing the Integrated Political Crisis Response (IPCR) arrangements, including the political coordination role of the IPCR, and Implementing Decision (EU) 2018/1993 laying down rules on the operation of those arrangements. |
5. This Regulation is without prejudice to Union competition rules, including antitrust, merger and State aid rules.
6. This Regulation is without prejudice to the responsibility of the Member States to safeguard national security or their power to safeguard essential state functions, including ensuring the territorial integrity of the State and maintaining law and order. In particular, national security remains the sole responsibility of each Member State.
7. This Regulation shall not affect the exercise of fundamental rights, in accordance with the Charter of Fundamental Rights of the European Union (the ‘Charter’). In particular, this Regulation shall not affect the right to strike or the right to take other action covered by the specific industrial relations systems in Member States, in accordance with national law and practice. It also shall not affect the right to negotiate, conclude and enforce collective agreements, or to take collective action in accordance with national law and practice.
Article 3
Definitions
For the purposes of this Regulation, the following definitions apply:
| (1) | ‘crisis’ means an exceptional, unexpected and sudden, natural or man-made event of extraordinary nature and scale that takes place within or outside of the Union, that has or may have a severe negative impact on the functioning of the internal market and that disrupts the free movement of goods, services and persons or disrupts the functioning of its supply chains; |
| (2) | ‘internal market vigilance mode’ means a framework for addressing the threat of a crisis that has the potential to escalate into an internal market emergency within the next six months; |
| (3) | ‘internal market emergency mode’ means a framework for addressing a crisis with a significant negative impact on the internal market which severely disrupts the free movement of goods, services and persons or, where such a severe disruption has been or is likely to be subject to divergent national measures, the functioning of its supply chains; |
| (4) | ‘critically important sectors’ means sectors that are of systemic and vital importance to the Union and its Member States for upholding public security, public safety, public order or public health, and the disruption, failure, loss or destruction of which can have a significant negative impact on the functioning of the internal market in times of a threat of a crisis; |
| (5) | ‘goods of critical importance’ or ‘services of critical importance’, together referred to as ‘goods and services of critical importance’, means goods or services that are non-substitutable, non-diversifiable or indispensable in the maintenance of vital societal functions or economic activities in order to ensure the proper functioning of the internal market and its supply chains in critically important sectors and that are listed in an implementing act adopted by the Council pursuant to Article 14(1); |
| (6) | ‘crisis-relevant goods’ or‘crisis-relevant services’, together referred to as ‘crisis-relevant goods and services’, means goods or services that are non-substitutable, non-diversifiable or indispensable in the maintenance of vital societal functions or economic activities in order to ensure the proper functioning of the internal market and its supply chains and that are considered essential for responding to a crisis and that are listed in an implementing act adopted by the Council pursuant to Article 18(4); |
| (7) | ‘significant incidents’ means incidents that significantly disrupt or have the potential to significantly disrupt the functioning of the internal market and its supply chains; |
| (8) | ‘relevant economic operator’ means an economic operator along the supply chain that has the ability or capacity to produce or distribute any of the following:
|
| (9) | ‘micro, small and medium-sized enterprises’ or ‘SMEs’ means microenterprises, small enterprises and medium-sized enterprises as defined in Article 2 of the Annex to Commission Recommendation 2003/361/EC (54). |
CHAPTER II
Governance
Article 4
Internal Market Emergency and Resilience Board
1. An Internal Market Emergency and Resilience Board (the ‘Board’) is established.
2. The Board shall be composed of one representative from each Member State and one representative from the Commission. Each Member State shall appoint a representative and an alternate representative. In addition, Member States may appoint a sector-specific ad hoc representative if appropriate, depending on the nature of the crisis.
3. A representative of the Commission shall chair the Board and the Commission shall provide the secretariat of the Board.
4. The Chair of the Board (the ‘Chair’) shall invite a representative from the European Parliament as a permanent observer to the Board.
5. The Chair may invite experts with specific knowledge to take part, as observers, in the work of the Board and to attend specific meetings, on an ad-hoc basis, where such attendance is relevant considering the agenda of the meeting. Such experts may include representatives of economic operators, stakeholder organisations and social partners.
6. The Chair shall invite the representatives of other crisis-relevant bodies at Union level as observers to the relevant meetings of the Board.
7. The Chair shall invite representatives of international organisations and countries outside the Union to relevant meetings of the Board in accordance with the relevant bilateral or international agreements.
8. Observers shall not have voting rights and shall not participate in the formulation of opinions, recommendations or advice of the Board. Where appropriate, the Chair may invite those observers to contribute information and insights.
9. The Board shall meet at least three times a year. At its first meeting, on a proposal by and in agreement with the Commission, the Board shall adopt its rules of procedure.
10. The Board may adopt opinions, recommendations or reports in the context of its tasks set out in Article 5. The Commission shall, in a transparent manner, take the utmost account of those opinions, recommendations or reports.
Article 5
Tasks of the Board
1. For the purpose of internal market contingency planning under Articles 9 to 13, the Board shall assist and advise the Commission on the following tasks:
| (a) | proposing arrangements for administrative cooperation to facilitate the exchange of information between the Commission and the Member States during the internal market vigilance and emergency modes that are to be contained in the contingency framework referred to in Article 9; |
| (b) | assessing incidents that the Member States have notified to the Commission in accordance with Article 13 and their impact on the internal market and its supply chains; |
| (c) | gathering information for the purposes of gaining foresight on the possibility of a crisis occurring, conducting data analysis and providing market intelligence; |
| (d) | consulting the representatives of economic operators, including SMEs, and of industry, as well as, where relevant, of social partners, in order to collect market intelligence in accordance with Article 43; |
| (e) | analysing aggregated data received by other crisis-relevant bodies at Union and international level; |
| (f) | maintaining a repository of national and Union crisis measures that have been taken in previous crises and that have had an impact on the internal market and its supply chains; and |
| (g) | advising on which measures are to be chosen to anticipate and plan for a crisis, while strengthening the resilience of the internal market, and advising on the implementation of the measures chosen. |
2. For the purpose of the internal market vigilance mode as referred to in Article 14, the Board shall assist and advise the Commission on the following tasks:
| (a) | establishing whether the criteria for activation or deactivation of the internal market vigilance mode have been fulfilled in order to determine whether the threat of a crisis referred to in Article 3, point (2), is present, and the scope of such threat; |
| (b) | coordinating and facilitating exchanges and sharing of information, including with other relevant bodies and other crisis-relevant bodies at Union level and, as appropriate, with countries outside the Union, with particular attention paid to candidate countries to the Union and developing countries, and with international organisations; and |
| (c) | analysing and discussing the impact of the threat of a crisis on the internal market, with due regard to the situation in border regions, with a view to finding possible solutions. |
3. For the purposes of the internal market emergency mode as referred to in Article 18, the Board shall assist and advise the Commission on the following tasks:
| (a) | analysing crisis-relevant information gathered by Member States or the Commission; |
| (b) | establishing whether the criteria for activation or deactivation of the internal market emergency mode have been fulfilled; |
| (c) | advising on which measures are to be chosen to respond to an internal market emergency at Union level, and advising on the implementation of the measures chosen; |
| (d) | performing a review of national crisis measures; |
| (e) | coordinating and facilitating exchanges and sharing of information, including with other crisis-relevant bodies at Union level, and, as appropriate, with countries outside the Union, with particular attention paid to candidate countries to the Union and developing countries, and with international organisations; |
| (f) | analysing and discussing the impact of the crisis on the internal market, with due regard to the situation in border regions, with a view to finding possible solutions; and |
| (g) | establishing, where appropriate, a list of categories of persons involved in the production or supply of crisis-relevant goods and services for whom it is necessary to establish common templates and forms which can be used by the Member States on a voluntary basis. |
4. The Commission shall ensure the involvement in the work of the Board of all bodies at Union level that are relevant to the respective crisis. The Board shall cooperate and coordinate closely, where appropriate, with other crisis-relevant bodies at Union level and the European Critical Raw Materials Board established by Regulation (EU) 2024/1252. The Commission shall ensure coordination with the measures implemented through other Union mechanisms, such as the Union Civil Protection Mechanism (UCPM), the IPCR, the EU Health Security Framework and the European critical raw materials framework. The Board shall ensure information exchange with the Emergency Response Coordination Centre under the UCPM and the Integrated Situational Awareness and Analysis support capability under the IPCR.
5. The Board shall, in cooperation with the Commission, adopt an annual activity report and transmit it to the European Parliament and the Council.
Article 6
Emergency and resilience dialogue
1. In order to enhance dialogue between the institutions of the Union and to ensure greater transparency, accountability and coordination, the competent committee of the European Parliament may invite the Commission in its capacity as Chair of the Board to appear before that committee to provide information on all matters falling within the scope of this Regulation, in particular after each meeting of the Board and after each deactivation of the internal market vigilance or emergency modes.
2. The European Parliament shall be informed as soon as possible of any Council implementing acts proposed or adopted pursuant to this Regulation.
3. The Commission shall take into account any elements arising from the views expressed through the emergency and resilience dialogue, including the relevant resolutions of the European Parliament.
Article 7
Emergency and resilience platform
1. The Commission shall establish a stakeholder platform in order to facilitate sector-specific dialogue and partnerships by bringing together key stakeholders, namely representatives of economic operators, social partners, researchers and civil society. In particular, that platform shall provide a functionality that allows interested stakeholders to:
| (a) | indicate voluntary actions needed to successfully respond to an internal market emergency; |
| (b) | provide scientific advice, opinions or reports on crisis-related issues; |
| (c) | contribute to the exchange of information and best practices, in particular as regards the free movement of goods, services and persons, and to the avoidance of divergent national measures which could create cross-border restrictions. |
2. The Commission and the Board shall take into account the outcomes of the sector-specific dialogue and partnerships referred to in paragraph 1, as well as any relevant input provided by stakeholders in accordance with that paragraph, in the implementation of this Regulation.
Article 8
Liaison offices
1. Each Member State shall designate a central liaison office.
2. The central liaison office of a Member State shall be responsible for contact, coordination and information exchange with:
| (a) | the central liaison offices of other Member States and the Union-level liaison office referred to in paragraph 4; |
| (b) | the relevant competent authorities of that Member State, in particular with the national single points of contact referred to in Article 24. |
3. In order to perform its tasks under this Regulation, the central liaison office of a Member State shall compile input from the relevant competent authorities of that Member State.
4. The Commission shall designate a Union-level liaison office.
5. The Union-level liaison office shall be responsible for ensuring coordination and information exchange, including the exchange of crisis-relevant information, with the central liaison offices of the Member States for the management of the internal market vigilance and emergency modes.
TITLE II
INTERNAL MARKET CONTINGENCY PLANNING
Article 9
Contingency framework
1. The Commission, taking due consideration of the opinion of the Board and the input of relevant Union-level bodies, may adopt an implementing act to set out the detailed arrangements for a contingency framework regarding crisis preparedness, cooperation, exchange of information and crisis communication for the internal market vigilance and emergency modes. That implementing act shall set out the detailed arrangements for:
| (a) | cooperation between the competent authorities of the Member States and Union-level bodies during the internal market vigilance and emergency modes; |
| (b) | secure exchange of information; and |
| (c) | a coordinated approach to crisis communication during the internal market vigilance and emergency modes vis-à-vis the public with a coordinating role for the Commission. |
2. The implementing act referred to in paragraph 1 shall be adopted in accordance with the examination procedure referred to in Article 45(2).
3. The Commission and the Member States shall ensure arrangements are in place for timely cooperation and secure exchange of information between the Commission, the relevant Union-level bodies and the Member States concerning:
| (a) | an inventory of the competent authorities of the Member States, the central liaison offices designated in accordance with Article 8 and the single points of contact referred to in Article 24, including their contact details, assigned roles and responsibilities during the internal market vigilance and emergency modes under this Regulation, in accordance with national law; |
| (b) | consultation of the representatives of economic operators, including SMEs, on their initiatives and actions to mitigate and respond to potential internal market crises; |
| (c) | consultation of social partners on the implications, for the free movement of workers, of their initiatives and actions to mitigate and respond to a potential crisis; |
| (d) | technical level cooperation during the internal market vigilance and emergency modes; |
| (e) | risk and emergency communication, with a coordinating role for the Commission, taking into account existing structures. |
4. In order to ensure the operation of the framework established in accordance with paragraph 1, the Commission may conduct stress tests, simulations and in-action and after-action reviews with Member States, and propose that the relevant Union-level bodies and the Member States update the framework as necessary.
5. In order to promote and facilitate the free movement of goods and services during an internal market emergency mode, the Commission shall assist Member States in coordinating their efforts in laying down single digital forms for the purpose of declaration, registration or authorisation of activities carried out between Member States.
Article 10
Voluntary crisis protocols
1. The Board may recommend the Commission to initiate the drawing up of voluntary crisis protocols by economic operators for addressing crises under the internal market emergency mode.
2. The Commission shall encourage and facilitate the drawing up of those voluntary crisis protocols by economic operators. Economic operators may decide, on a voluntary basis, whether to participate in voluntary crisis protocols.
3. The voluntary crisis protocols shall set out:
| (a) | the specific parameters of the disruption that the voluntary crisis protocol seeks to address and the objectives it pursues; |
| (b) | the role of each participant under the voluntary crisis protocol and the preparatory measures they are to put in place once the internal market emergency mode has been activated to mitigate and respond to the crisis; |
| (c) | a clear procedure for determining the moment of the activation and the period during which the measures are to be taken once the crisis protocol has been activated; |
| (d) | actions to mitigate and respond to potential crises under the internal market emergency mode, strictly limited to what is necessary for addressing them. |
4. The Commission shall, as appropriate, involve authorities of the Member States, and Union bodies, offices and agencies in drawing up the voluntary crisis protocols. The Commission may, where necessary and appropriate, also involve civil society organisations or other relevant organisations.
Article 11
Training and simulations
1. The Commission shall develop and regularly organise training on crisis preparedness, coordination, cooperation and information exchange for the staff of the central liaison offices. It shall organise simulations involving the staff of the central liaison offices from all Member States based on potential scenarios of internal market emergencies.
2. In particular, the Commission shall develop and manage a training programme derived from lessons learnt from previous crises, including aspects of the entire emergency-management cycle, in order to provide a rapid response to crises under the internal market vigilance or emergency mode. That programme may include, in particular, the following:
| (a) | monitoring, analysing and evaluating all relevant actions to facilitate the free movement of goods, services and persons; |
| (b) | promoting the implementation of best practices at Union and national level, and, where appropriate, best practices developed by countries outside the Union and international organisations; |
| (c) | developing guidance on knowledge dissemination and the implementation of different tasks at national and, where relevant, regional and local level; |
| (d) | encouraging the use of relevant new technologies and digital tools for the purpose of responding to internal market emergencies. |
3. The Commission shall develop and make available training programmes and materials for stakeholders, including economic operators. Where relevant, the Commission may invite stakeholders to participate in training and simulations.
4. At the request of a Member State, the Commission may provide advice and support on crisis-preparedness and crisis-response measures, taking particular account of the needs and interests of that Member State.
Article 12
Stress tests
1. The Commission, taking into consideration the opinion of the Board, shall conduct and coordinate stress tests, including simulations that aim to anticipate and prepare for a crisis in the internal market.
2. In particular, the Commission shall:
| (a) | develop scenarios and parameters in a specific sector that capture the particular risks associated with a crisis, in order to assess the potential impact on the free movement of goods, services and persons in that sector; |
| (b) | facilitate and encourage the development of strategies for emergency preparedness; |
| (c) | identify, in cooperation with all actors involved, risk mitigation measures after the completion of the stress tests. |
3. In order to identify the specific sector referred to in paragraph 2, point (a), the Commission, in cooperation with the Board, shall make use of all the existing tools at its disposal, including mapping exercises.
4. The Commission shall conduct stress tests regularly, and at least once every two years, at Union level. To that end, the Commission shall invite staff from the central liaison offices of all Member States to participate in simulations. The Commission may also invite other relevant actors involved in the prevention of, preparedness for and response to internal market emergencies to participate on a voluntary basis.
5. On the basis of a request by two or more Member States, the Commission may conduct stress tests in specific geographical areas or border regions in those Member States.
6. The Commission shall communicate the results of the stress tests conducted pursuant to this Article to the Board and publish a report thereon.
Article 13
Ad hoc alerts for early warning
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 significant incidents.
2. The central liaison offices and any relevant competent authorities of the Member States shall, in accordance with Union law and national law that is in compliance with Union law, adopt all measures necessary to treat the information referred to in paragraph 1 in a way that respects its confidentiality, protects the security and public order of the Union or the Member States, and protects the security and commercial interests of the economic operators concerned.
3. In order to determine whether incidents should be the object of an alert as referred to in paragraph 1, the central liaison office of a Member State shall take into account the following:
| (a) | the market position or number of economic operators affected by the incident; |
| (b) | the duration or anticipated duration of the incident; |
| (c) | the geographical area and the proportion of the internal market affected by the incident and its cross-border effects, as well as its impact on particularly vulnerable or exposed geographical areas, such as the outermost regions; and |
| (d) | the impact of those incidents on non-diversifiable and non-substitutable goods. |
TITLE III
INTERNAL MARKET VIGILANCE
CHAPTER I
Internal market vigilance mode
Article 14
Criteria for activation
1. Where the Commission, taking into consideration the opinion provided by the Board, considers that the conditions referred to in Article 3, point (2), are fulfilled, it shall propose to the Council that the Council activate the internal market vigilance mode. The Council may activate the internal market vigilance mode by means of a Council implementing act. The duration of that activation shall be specified in the implementing act, and shall be a maximum of six months. Such implementing act shall contain the following:
| (a) | an assessment of the potential impact of the crisis on the free movement of goods, services and persons, including workers, in the internal market and on its supply chains; |
| (b) | a list of the goods and services of critical importance concerned; and |
| (c) | the vigilance measures to be taken, including a justification regarding the necessity and proportionality of such measures. |
2. When assessing whether the conditions laid down in Article 3, point (2) are fulfilled in order to determine the need to activate the internal market vigilance mode, the Commission and the Council shall take into account at least the following criteria:
| (a) | the anticipated time before the threat of a crisis escalates into an internal market emergency; |
| (b) | the number or market position of economic operators expected to be affected by the crisis; |
| (c) | the extent to which goods and services of critical importance are expected to be impacted by the crisis; and |
| (d) | the geographical area expected to be impacted by the crisis, in particular the impact on border regions and outermost regions. |
Article 15
Extension and deactivation
1. In the event that the Commission considers that the reasons for activating the internal market vigilance mode pursuant to Article 14(1) remain valid, and taking into consideration the opinion provided by the Board, it shall propose to the Council that it extends the internal market vigilance mode. Subject to urgent and exceptional changes in circumstances, the Commission shall make best efforts to do so no later than 30 days before the expiry of the period for which the internal market vigilance mode has been activated. On the basis of that proposal, the Council may extend the internal market vigilance mode by no more than six months at a time by means of a Council implementing act.
2. Where the Commission, taking into consideration the opinion provided by the Board, finds that the conditions referred to in Article 3, point (2), are no longer fulfilled with respect to some or all vigilance measures or for some or all of the goods and services of critical importance, it shall propose to the Council to deactivate the internal market vigilance mode in full or in part. On the basis of that proposal, the Council may deactivate the internal market vigilance mode by means of a Council implementing act.
CHAPTER II
Vigilance measures
Article 16
Monitoring
1. When the internal market vigilance mode has been activated in accordance with Article 14, the competent authorities of the Member States shall monitor the supply chains of goods and services of critical importance and the free movement of persons, including workers, involved in the production and supply of those goods and services.
2. The Commission shall provide for standardised and secure electronic means for the collection of the information obtained through the monitoring referred to in paragraph 1 and the processing of that information in an aggregated manner. Without prejudice to national law requiring, in compliance with Union law, that such information, including business secrets, be kept confidential, confidentiality shall be ensured with regard to commercially sensitive information and information relating to the security and public order of the Union or the Member States.
3. Member States shall, where possible, set up, update and maintain an inventory of the relevant economic operators established in their respective national territory that operate along the supply chains of goods and services of critical importance. The contents of that inventory shall be confidential at all times.
4. On the basis of the inventory set up pursuant to paragraph 3, competent authorities of the Member States shall, where it is not possible to obtain the information from other sources, address requests for the voluntary provision of information to the most relevant economic operators along the supply chains of goods and services of critical importance and operating in their respective national territory. Such requests shall in particular state which information about factors impacting the availability of the identified goods and services of critical importance is requested. The economic operator addressed shall provide the information requested on a voluntary basis, in accordance with Union competition rules governing the exchange of information. The competent authorities of the Member States shall transmit the relevant findings to the Commission and the Board without delay via their respective central liaison office.
5. Competent authorities of the Member States shall have due regard to the administrative burden on economic operators, and in particular on SMEs, which may be generated by requests for information, and ensure that such administrative burden is kept to a minimum and that the confidentiality of the information is respected.
6. On the basis of the information collected through the monitoring activities carried out in accordance with paragraph 1, the Commission shall present a report on the aggregated findings to the Board.
7. The Commission may ask the Board to discuss the aggregated findings and prospects of development based on the information obtained by Member States pursuant to paragraphs 1 and 4 regarding their monitoring of supply chains of goods and services of critical importance, and in that case shall ensure confidentiality and respect the commercial sensitivity of the information concerned.
8. The Commission may also share relevant information with the Member States, obtained through other monitoring means or systems.
TITLE IV
INTERNAL MARKET EMERGENCY
CHAPTER I
Internal market emergency mode
Article 17
Criteria for activation
1. When assessing whether the conditions referred to in Article 3, point (3), are fulfilled in order to determine the need to activate the internal market emergency mode, the Commission and the Council shall, based on concrete and reliable evidence, assess whether the crisis creates one or more obstacles to the free movement of goods, services or persons, having an impact on at least one sector of vital societal functions or economic activities in the internal market.
Where the crisis leads to a disruption to the functioning of supply chains, in addition to the criteria set out in the first subparagraph, the Commission and the Council shall assess whether the goods or services can be diversified or substituted or whether the workers concerned can be substituted.
2. When applying paragraph 1, the Commission and the Council shall, in particular, take into account the following indicators:
| (a) | the number of significant incidents notified pursuant to Article 13(1); |
| (b) | the fact that the crisis has triggered the activation of any of the following:
|
| (c) | an estimation of the number or market position of, and market demand for, economic operators, as well as an estimation of the number of users, relying on the disrupted sector or sectors of the internal market for the provision of the goods or services concerned; |
| (d) | an estimation of the types of goods and services or the number of persons, including workers, affected by the crisis; |
| (e) | the impact or the potential impact of the crisis in terms of degree and duration on vital societal functions and economic activities, the environment and public safety; |
| (f) | the fact that the economic operators affected by the crisis have not been able to provide a solution in a reasonable time to the particular aspects of the crisis on a voluntary basis; |
| (g) | the geographical areas, including border regions and outermost regions, that are and could be affected by the crisis, including any cross-border impact on the functioning of supply chains that are indispensable to the maintenance of vital societal functions or economic activities in the internal market; |
| (h) | the importance of the affected economic operators in maintaining a sufficient level of supply of the goods or services, taking into account the availability of alternative means for the provision of those goods or services; and |
| (i) | the absence or shortage of substitutes for goods or services. |
Article 18
Activation
1. The internal market emergency mode shall only be activated if the criteria laid down in Article 17(1) are fulfilled.
2. The internal market emergency mode may be activated without the internal market vigilance mode having previously been activated with regard to the same goods or services.
The activation of the internal market emergency mode regarding certain goods and services does not prevent the activation or continued application of the internal market vigilance mode or deployment of the vigilance measures laid down in Article 16 regarding the same goods and services. Where the internal market vigilance mode has previously been activated, the internal market emergency mode may replace it partially or entirely.
3. Where the Commission, taking into consideration the opinion provided by the Board, considers that there is an internal market emergency, it shall propose to the Council that the Council activate the internal market emergency mode and, where applicable, adopt a list of crisis-relevant goods and services.
4. The Council may activate the internal market emergency mode and, where applicable, adopt a list of crisis-relevant goods or crisis-relevant services, or of both, by means of a Council implementing act on the basis of a proposal from the Commission. The duration of the activation shall be specified in the implementing act, and shall be a maximum of six months. The list of crisis-relevant goods and services may be amended by means of Council implementing act on the basis of a proposal from the Commission.
Article 19
Extension and deactivation
1. In the event that the Commission considers that the reasons for activating the internal market emergency mode pursuant to Article 17(1) remain valid, and taking into consideration the opinion provided by the Board, it shall propose to the Council that it extends the internal market emergency mode. Subject to urgent and exceptional changes in circumstances, the Commission shall make best efforts to do so no later than 30 days before the expiry of the period for which the internal market emergency mode has been activated. On the basis of that proposal, the Council may extend the internal market emergency mode by no more than six months at a time by means of a Council implementing act.
2. Where the Board has concrete and reliable evidence that the internal market emergency mode 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 Board, considers that the internal market emergency no longer exists, it shall propose to the Council, without delay, the deactivation of the internal market emergency mode.
3. The measures taken in accordance with Articles 27 to 35 shall cease to apply upon deactivation of the internal market emergency mode.
CHAPTER II
Free movement during an internal market emergency
Section I
Measures facilitating free movement
Article 20
Restrictions to free movement during the internal market emergency mode
1. Without prejudice to Article 21, when adopting and applying national measures in response to an internal market emergency, Member States shall ensure that such measures comply with Union law, including as regards non-discrimination, justification and proportionality.
2. Member States shall ensure, in particular, that the measures referred to in paragraph 1 are removed as soon as they are no longer justified or proportionate.
3. Member States shall ensure that any requirement imposed on citizens or economic operators does not create an undue or unnecessary administrative burden.
4. Member States shall ensure that all affected citizens and stakeholders are informed in a clear and unambiguous manner of the measures restricting the free movement of goods, services and persons, including workers and service providers, before their entry into force. Member States shall ensure a continual dialogue with stakeholders, including communication with social partners and international partners.
Article 21
Prohibited restrictions on the right to free movement during an internal market emergency
During an internal market emergency mode and when responding to an internal market emergency, Member States shall refrain from introducing any of the following:
| (a) | any measures that are not limited in time; |
| (b) | bans on intra-Union export, or measures having equivalent effect, of crisis-relevant goods or services, or bans on the transit of crisis-relevant goods, or measures having equivalent effect; |
| (c) | measures that restrict the intra-Union export of goods, or measures having equivalent effect or measures that restrict the cross-border provision or receipt of services, where those restrictions cause any of the following:
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| (d) | measures that discriminate between beneficiaries of the right to free movement under Union law based on nationality or, in the case of companies, the location of their registered office, central administration or principal place of business; |
| (e) | measures that deny beneficiaries of the right to free movement under Union law the following: the right to enter the territory of their Member State of nationality or residence; the right to exit the territory of a Member State in order to travel to their Member State of nationality or residence; or the right to transit through a Member State in order to reach their Member State of nationality or residence; |
| (f) | measures that prohibit business travel linked to the research and development, production, placing on the market or related inspections and maintenance of crisis-relevant goods; |
| (g) | measures that prohibit travel between Member States for imperative family reasons, when such travel is permitted within the Member State introducing such a measure; |
| (h) | measures that impose travel restrictions on service providers, business representatives and workers, preventing them from travelling between Member States in order to access their place of activity or workplace when there are no such travel restrictions within the Member State introducing such a measure; |
| (i) | measures that impose restrictions preventing:
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Article 22
Mitigation measures for the free movement of persons
1. During the internal market emergency mode and for the purpose of facilitating the free movement of persons referred to in Article 21, points (f) to (i), the Commission may, by means of implementing acts, adopt administrative arrangements or provide Member States with digital tools to facilitate the identification of the categories of persons and verification of the facts referred to in those provisions by the Member States in cooperation with the other relevant Member States and the Commission.
2. During the internal market emergency mode, where the Commission establishes that Member States have put in place templates for attesting that an individual or economic operator fulfils the general requirements set out in national emergency measures and it considers that the use of different templates by each Member State is an obstacle to the free movement of those individuals or economic operators and their equipment, the Commission may issue, by means of implementing acts, templates which may be used by the Member States on a voluntary basis.
3. Without prejudice to relevant Union law and applicable national law and procedures, Member States shall prioritise declaration, registration or authorisation procedures with regard to providers of crisis-relevant services.
4. The Commission shall identify the categories of persons involved in the production or supply of crisis-relevant goods and services for which it is necessary to facilitate free movement by establishing templates by means of implementing acts, after consulting the Board, which may be used by the Member States on a voluntary basis.
5. The implementing acts referred to in paragraphs 1, 2 and 4 of this Article shall be adopted in accordance with the examination procedure referred to in Article 45(2). On duly justified imperative grounds of urgency relating to the impact of the crisis on the internal market, the Commission shall adopt immediately applicable implementing acts in accordance with the procedure referred to in Article 45(3).
6. The Commission shall make information on the mitigation measures it has adopted pursuant to this Article publicly available on a dedicated website.
Contents
Section II - Transparency and administrative assistance
Article 23
Transparency
1. Where the internal market emergency mode has been activated in accordance with Article 18(4), Member States shall communicate the text of any emergency measures taken in response to the crisis, without delay and after their adoption, to the Commission and to other Member States via the Union-level liaison office. That obligation shall only apply where those measures introduce restrictions on the exercise of the right to free movement of persons between Member States and are not already covered by an information or notification obligation provided for in other Union legislation. Such communication shall include:
| (a) | the reasons for such measures, including reasons demonstrating that the measures are justified and proportionate, as well as any underlying scientific or other data supporting their adoption; |
| (b) | the scope of such measures; |
| (c) | the date of adoption and date of application and duration of those measures. |
2. Member States may communicate to the Commission and to other Member States via the Union-level liaison office the draft text of any measures referred in paragraph 1 before their adoption, together with the information referred to in points (a) to (c) of paragraph 1.
3. The communication referred to in paragraph 2 shall not prevent Member States from adopting the measures in question.
4. Member States shall provide the public and, at the same time, the Commission with clear, comprehensive and timely information explaining the measures referred to in paragraph 1 as soon as possible.
5. The Commission shall coordinate the information exchange between Member States and, based on the information received pursuant to this Article, publish on a dedicated website, available in all official languages of the institutions of the Union, relevant information on any restrictions on the exercise of the right to free movement, including information on the scope and duration of the national measures in question, and, where possible, real-time information. That dedicated website may include an interactive map with relevant real-time information on those measures.
6. The Commission shall make the information received pursuant to paragraphs 1, 2 and 4 available to the Board.
7. The information referred to in paragraphs 1, 2 and 4 shall be transmitted via a secure tool provided by the Commission.
Article 24
Single points of contact in the Member States
1. Each Member State shall operate a national single point of contact that shall provide citizens, consumers, economic operators and workers and their representatives with the following:
| (a) | assistance in requesting and obtaining information about national restrictions on the free movement of goods, services, persons and workers introduced during the internal market emergency mode; |
| (b) | assistance in the performance of any national level crisis procedures and formalities that have been put in place due to the activation of the internal market emergency mode. |
2. Member States shall ensure that it is possible for citizens, consumers, economic operators and workers and their representatives to receive, at their request and via the relevant single point 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. That information shall be provided in clear, understandable and intelligible language. It shall be easily accessible remotely and by electronic means, and shall be kept up to date.
3. Member States shall also make the information referred to in paragraph 1 accessible in an official language of the institutions of the Union that is broadly understood by the largest possible number of cross-border users and shall make best efforts to provide such information in other official languages of the institutions of the Union, paying particular attention to the situation and needs of the border regions.
Article 25
Union-level single point of contact
1. The Commission shall set up and operate a Union-level single point of contact.
2. The Union-level single point of contact shall:
| (a) | provide citizens, consumers, economic operators, workers and their representatives with assistance in requesting and obtaining information as regards Union-level crisis response measures that are relevant or affect the exercise of the free movement of goods, services and persons, including workers, during the internal market emergency mode; |
| (b) | provide citizens, consumers, economic operators, workers and their representatives with assistance in the performance of any crisis procedures and formalities that have been put in place at Union level due to the activation of the internal market emergency mode; |
| (c) | compile and publish a list of all national crisis measures and national contact points. |
3. Sufficient human and financial resources shall be allocated to the Union-level single point of contact.
CHAPTER III
Internal market emergency response measures
Section I
Information requests, emergency procedures under Union product legislation and priority-rated requests
Article 26
Requirement of two-tier activation
1. The measures under this Section shall only be adopted by the Commission when an internal market emergency mode has been activated and a list has been established by the Council pursuant to Article 18(4).
2. An implementing act introducing a measure under this Section shall clearly and specifically identify, from the crisis-relevant goods or crisis-relevant services, those to which such a measure applies. That measure shall apply only for the duration of the internal market emergency mode.
Article 27
Information requests to economic operators
1. The Commission may invite the relevant economic operators in the supply chains of crisis-relevant goods or crisis-relevant services to provide, on a voluntary basis within a set time limit, specific information in the following circumstances:
| (a) | there are severe shortages of crisis-relevant goods or crisis-relevant services or an imminent threat thereof; |
| (b) | the information sought is strictly necessary for assessing whether any of the measures laid down in Article 28, or Articles 34 to 39 is capable of reducing such shortages or the imminent threat thereof; |
| (c) | the information provided through the Board or obtained through other means from the Member States in the contingency phase or internal market vigilance mode is not sufficient; and |
| (d) | the Commission is not able to obtain such information from other sources. |
The Commission, after consulting the Board, shall assess the existence of the conditions referred to in the first subparagraph.
2. The Commission may make a request for information, by means of an implementing act in the event that:
| (a) | no information is provided to the Commission on a voluntary basis within the set time limit pursuant to paragraph 1; or |
| (b) | the information received by the Commission, through the voluntary provision of information pursuant to paragraph 1, or from any other sources available during the contingency phase or internal market vigilance mode, is still insufficient for assessing whether the deployment of the measures laid down in Article 28 or Articles 34 to 39 would reduce the severe shortages of crisis-relevant goods or crisis-relevant services or the imminent threat of such shortages and whether any such measures should be taken. |
3. Before adopting an implementing act as referred to in paragraph 2, and taking into consideration the opinion of the Board, the Commission shall:
| (a) | assess the necessity and the proportionality of such an information request for the achievement of the objectives laid down in paragraph 1, point (b); and |
| (b) | take due account of the administrative burden that such a request could entail for the economic operators concerned, in particular SMEs, and set the time limit for submitting the information accordingly. |
4. The information requests referred to in paragraphs 1 and 2 shall be limited to targeted information about the following:
| (a) | the production capacities and possible existing stocks of the crisis-relevant goods in production facilities located in the Union or in countries outside the Union which the relevant economic operator operates, contracts with or purchases supply from, while fully respecting trade and business secrets; |
| (b) | where available, the schedule of the expected output of crisis-relevant goods in production facilities, located in the Union and in countries outside the Union which the relevant economic operator operates or contracts with, for the three months following receipt of the information request; |
| (c) | any relevant disruptions to or shortages in supply chains of crisis-relevant goods or crisis-relevant services. |
5. The implementing act providing for an information request by the Commission to economic operators pursuant to paragraph 2 shall:
| (a) | specify the crisis-relevant goods and services that are relevant for the information request; |
| (b) | specify the relevant economic operators that operate along the supply chains of crisis-relevant goods or crisis-relevant services and that are concerned by the information request; |
| (c) | specify the information that is sought, including providing, where necessary, a template with questions that could be addressed to the individual relevant economic operators; |
| (d) | demonstrate the existence of the exceptional need referred to in paragraph 1, point (b), for which the information is requested and include the assessment referred to in paragraph 3, point (a); |
| (e) | explain the purpose of the request, the intended use of the information requested, and the duration of that use; and |
| (f) | specify the period during which the economic operator can ask the Commission to modify the request. |
The information request provided for by the implementing act referred to in the first subparagraph shall be expressed in a clear, concise and understandable language and take into account the protection of trade secrets and the effort required on the part of the economic operator in order to make the information available on a voluntary basis, especially if it is an SME.
6. Following the Commission’s request for information from the economic operators by means of an implementing act pursuant to paragraph 2, the Commission shall address an individual decision to each of the economic operators concerned from the category specified in that implementing act, requesting them to either provide the information specified in that implementing act or to explain why they cannot provide such information. The Commission shall rely, where possible, on the relevant and available inventory of the relevant economic operators, compiled by the Member States in accordance with Article 16(3). The Commission may also, where relevant, obtain the necessary information on the economic operators concerned from the Member States.
7. The Commission decisions containing individual information requests adopted pursuant to paragraph 6 shall be duly justified and proportionate in terms of the volume, nature and granularity of the data requested, as well as the frequency of access to that data, and shall be necessary for the management of the emergency.
Such decisions shall contain all of the following elements:
| (a) | a reference to the implementing act referred to in paragraph 2 on which they are based; |
| (b) | a description of the situations of severe crisis-related shortages or an imminent threat thereof which has given rise to the decision; |
| (c) | safeguards for the protection of personal data in accordance with Article 42, for the non-disclosure of sensitive business information, for the non-disclosure of trade secrets and for the protection of intellectual property contained in the reply in accordance with Article 43; |
| (d) | information on the possibility of contesting the decision before the Court of Justice of the European Union in line with relevant Union law; |
| (e) | a reasonable time limit not exceeding 20 working days within which the information or the justification for the refusal to supply such information is to be provided. |
When setting the time limit referred to in point (e) of the second subparagraph, the Commission shall take into consideration, in particular, the size of the economic operator concerned in terms of employees and the effort necessary to collect and make information available.
The economic operator may request a one-time extension to the time limit until two days prior to its expiration in the event that the gravity of the situation requires such extension. The Commission shall respond, within one working day, to any such request for an extension to the time limit.
8. When the processing of an information request by an economic operator has the potential to significantly disrupt its operations, that economic operator may refuse to supply the requested information and shall provide the reasons for such refusal to the Commission. The Commission shall not disclose any such refusal to supply the requested information or the reasons for such refusal.
9. The Commission shall forward, without delay, a copy of any request for information referred to in paragraphs 1 and 2 to the relevant competent authority of the Member State in whose territory the economic operator is situated. If that competent authority so requests, the Commission shall transmit the information acquired from the respective economic operator in accordance with Union law.
10. The Commission, after receiving information pursuant to a request for information referred to in paragraphs 1 and 2, shall:
| (a) | only use the information in a manner that is compatible with the purpose for which the information was requested; |
| (b) | ensure, insofar as the processing of personal data is necessary, the implementation of technical and organisational measures that preserve the confidentiality and integrity of the requested information, in particular personal data, and that safeguard the rights and freedoms of data subjects; |
| (c) | erase the information as soon as it is no longer necessary for the stated purpose and inform the economic operator and the relevant competent authority of the Member State concerned without undue delay that the information has been erased, unless archiving of the information is required for transparency purposes in accordance with national law. |
11. Each economic operator concerned, or anyone duly authorised to represent that economic operator, shall provide the requested information on an individual basis in accordance with the Union competition rules governing the exchange of information.
12. The implementing acts referred to in paragraph 2 of this Article shall be adopted in accordance with the examination procedure referred to in Article 45(2). On duly justified imperative grounds of urgency relating to the impact of the crisis on the internal market, the Commission shall adopt immediately applicable implementing acts in accordance with the procedure referred to in Article 45(3).
13. The information requests issued pursuant to this Article shall not relate to information the disclosure of which would be contrary to the essential interests of Member States’ national security.
Article 28
Activation of emergency procedures in relevant Union product legislation
1. When the internal market emergency mode has been activated by means of a Council implementing act adopted pursuant to Article 18 of this Regulation and there is a shortage of certain crisis-relevant goods, the Commission may activate by means of implementing acts the emergency procedures included in the Union legal acts amended by Regulation (EU) 2024/2748 of the European Parliament and of the Council (55) and Directive (EU) 2024/2749 of the European Parliament and of the Council (56) as regards those crisis-relevant goods. Those implementing acts shall indicate the crisis-relevant goods and emergency procedures that are subject to the activation, provide reasons for such activation and its proportionality, and indicate the duration of such activation.
2. An activation of emergency procedures as referred to in paragraph 1 shall apply only for the duration of the internal market emergency mode.
3. The implementing acts referred to in paragraph 1 of this Article shall be adopted in accordance with the examination procedure referred to in Article 45(2). On duly justified imperative grounds of urgency relating to the impact of the crisis on the internal market, the Commission shall adopt immediately applicable implementing acts in accordance with the procedure referred to in Article 45(3).
Article 29
Priority-rated requests
1. The Commission may, in exceptional situations, after consulting the Member States in which the economic operators are established, and taking utmost account of their views, address a request to one or more economic operators established in the Union to accept and prioritise the production or supply of crisis-relevant goods (‘priority-rated requests’) where:
| (a) | there is a severe and persistent shortage of the crisis-relevant goods subject to the request; and |
| (b) | the production or supply of such goods could not be achieved by other measures provided for in this Regulation, including those referred to in Article 35 or in Title V. |
2. The Commission shall demonstrate that the choice of the recipients and beneficiaries of the priority-rated requests referred to in this Article is non-discriminatory and complies with Union competition rules.
3. The Commission shall base the priority-rated requests referred to in this Article on objective, factual, measurable and substantiated data, showing that such prioritisation is indispensable in order to ensure the maintenance of vital societal functions or economic activities in the internal market, as well as having regard to the legitimate interests of the economic operator and the cost and effort required for any change in the production sequence of the supply chain. The Commission shall explicitly indicate in the priority-rated request that the economic operator remains free to refuse that request.
4. Where the economic operator to which the priority-rated request referred to in paragraph 1 is addressed has expressly accepted that request, the Commission shall adopt an implementing act providing for:
| (a) | the legal basis of the priority-rated request which has to be complied with by the economic operator; |
| (b) | the goods subject to the priority-rated request and the quantity in which they are to be supplied; |
| (c) | the time limits within which the priority-rated request is to be completed; |
| (d) | the beneficiaries of the priority-rated request; and |
| (e) | the waiver of contractual liability under the conditions laid down in paragraph 6. |
5. The priority-rated request made pursuant to paragraph 4 shall be placed at a fair and reasonable price adequately taking into account the economic operator’s opportunity costs when fulfilling the priority-rated request as compared to existing performance obligations. That priority-rated request shall take precedence over any prior performance obligation, under private or public law, related to the goods subject to the priority-rated request.
6. The economic operator subject to a priority-rated request pursuant to paragraph 4 shall not be liable for any breach of contractual obligation that is governed by the law of a Member State, provided that:
| (a) | the breach of contractual obligation is necessary for compliance with the required prioritisation; |
| (b) | the implementing act referred to in paragraph 4 has been complied with; and |
| (c) | the acceptance of the priority-rated request did not have the sole purpose of unduly avoiding a prior contractual obligation. |
7. The priority-rated requests shall not include goods the production or supply of which would be contrary to the essential interests of Member States’ national security or defence.
8. The Commission shall adopt the implementing act referred to in paragraph 4 in accordance with applicable Union law, including the principles of necessity and proportionality, and the Union’s obligations under international law.
9. The implementing act referred to in paragraph 4 of this Article shall be adopted in accordance with the examination procedure referred to in Article 45(2).
10. Where an economic operator, after having expressly accepted a priority-rated request, does not comply, either intentionally or through gross negligence, with that request, the Commission may, by means of a decision, where deemed necessary and proportionate, impose a fine on the economic operator concerned. That fine shall not exceed 100 000 EUR. Fines imposed on SMEs shall not exceed 25 000 EUR.
Article 30
Imposition of fines on economic operators for failure to comply with an expressly accepted priority-rated request
1. In fixing the amount of the fine referred to in Article 29(10), the Commission shall take into consideration the size and economic resources of the economic operator concerned, as well as the nature, gravity and duration of the non-compliance with the expressly accepted priority-rated request, taking due account of the principles of proportionality and appropriateness.
2. The Court of Justice of the European Union shall have unlimited jurisdiction to review decisions whereby the Commission has fixed a fine in accordance with Article 29(10). It may cancel, reduce or increase the fine imposed.
Article 31
Limitation period for the imposition of fines
1. The Commission’s power to impose fines in accordance with Article 29(10) shall be subject to a two-year limitation period.
2. Time shall begin to run on the day on which the Commission becomes aware of non-compliance with the expressly accepted priority-rated request. However, in the event of continuous or repeated non-compliance, time shall begin to run on the day on which the non-compliance ceases.
3. Any action taken by the Commission or the competent authorities of the Member States for the purposes of ensuring compliance with the priority-rated request shall interrupt the limitation period.
4. The interruption of the limitation period shall apply for all parties which are held responsible for the participation in the non-compliance.
5. Each interruption shall restart the limitation period. However, the limitation period shall expire, at the latest, on the day on 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 32
Limitation period for the enforcement of payment of fines
1. The power of the Commission to enforce decisions taken pursuant to Article 29(10) shall be subject to a limitation period of five years.
2. Time shall begin to run on the day on which the decision becomes final.
3. The limitation period for the enforcement of payment of fines shall be interrupted:
| (a) | by notification of a decision varying the original amount of the fine or refusing an application for variation; |
| (b) | by any action of the Commission or of a Member State, acting at the request of the Commission, designed to enforce payment of the fine. |
4. Each interruption shall restart the limitation period.
5. The limitation period for the enforcement of payment of fines shall be suspended for as long as:
| (a) | time to pay is allowed; |
| (b) | enforcement of payment is suspended pursuant to a decision of the Court of Justice of the European Union. |
Article 33
Right to be heard for the imposition of fines
1. Before adopting a decision pursuant to Article 29(10), the Commission shall give the economic operator concerned the opportunity of being heard on:
| (a) | preliminary findings of the Commission, including any matter to which the Commission has taken objections; |
| (b) | measures that the Commission might take in view of the preliminary findings pursuant to point (a) of this paragraph. |
2. The economic operators concerned may submit their observations on the Commission’s preliminary findings pursuant to paragraph 1, point (a), 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 the economic operators concerned have been able to comment.
4. The rights of defence of the economic operator concerned shall be fully respected in any proceedings. The economic operator 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 a non-compliance.
Section II - Other measures for ensuring the availability of crisis-relevant goods and services
Article 34
Solidarity and coordinated distribution of crisis-relevant goods and services
1. In the event of a shortage of crisis-relevant goods and services affecting one or more Member States, the Member States concerned may notify the Commission thereof and indicate the quantities needed and any other relevant information. The Commission shall transmit the information to the relevant competent authorities and streamline the coordination of Member States’ responses.
2. In the event that the Commission, pursuant to paragraph 1, is informed that crisis-relevant goods or crisis-relevant services are insufficient in a Member State to meet the needs related to the internal market emergency, the Commission may, taking into consideration the opinion provided by the Board and the information collected under this Regulation, recommend to other Member States to distribute those goods or services in a targeted way, where possible, having regard to the need to prevent further disruptions to the internal market, including in geographical areas particularly affected by such disruptions and in accordance with the principles of necessity, proportionality and solidarity, by establishing the most efficient use of those goods or services with a view to ending the internal market emergency.
Article 35
Measures to ensure the availability and supply of crisis-relevant goods or crisis-relevant services
1. Where the Commission is informed, pursuant to Article 34(1), that there is a risk that crisis-relevant goods or crisis-relevant services are insufficient in a Member State to meet the needs related to the internal market emergency, it may, taking into consideration the opinion of the Board, recommend Member States to take specific measures. Those measures shall, as quickly as possible, ensure the efficient re-organisation of supply chains and production lines and the use of existing stocks to increase the availability and supply of such goods or services.
2. In particular, the measures referred to in paragraph 1 may include measures:
| (a) | facilitating the expansion or repurposing of existing or the establishment of new production capacities for crisis-relevant goods; |
| (b) | facilitating the expansion of existing or the establishment of new capacities related to service activities; |
| (c) | aiming to accelerate relevant approval and authorisation procedures, including environmental permits, regarding or affecting the production and distribution of crisis-relevant goods; |
| (d) | aiming to accelerate authorisation and registration procedures for crisis-relevant services; |
| (e) | aiming to accelerate relevant product approval procedures in view of placing on the market crisis-relevant goods that are not subject to any Union legislation harmonising the conditions for the marketing of products. |
TITLE V
PUBLIC PROCUREMENT
CHAPTER I
Public procurement by the Commission on behalf of or in the name of Member States during an internal market vigilance mode or an internal market emergency mode
Article 36
Request of Member States to the Commission to procure goods and services on their behalf or in their name
1. Two or more Member States may request that the Commission launch a procurement on behalf of or in the name of the Member States that wish to be represented by the Commission (‘participating Member States’), for the purchasing of goods and services of critical importance or crisis-relevant goods and services.
2. The Commission shall assess, without delay and in consultation with the Board, the necessity and proportionality of the request referred to in paragraph 1. Where the Commission intends not to grant that request, it shall inform the Member States concerned and the Board and give reasons for its refusal.
3. Where the Commission agrees to procure on behalf of or in the name of the participating Member States, it shall:
| (a) | inform all Member States and the Board of its intention to carry out the procurement procedure and invite the interested Member States to participate; |
| (b) | draw up a proposal for an agreement to be concluded with the participating Member States allowing the Commission to procure on their behalf or in their name. |
The agreement based on the proposal referred to in point (b) of the first subparagraph shall lay down the detailed conditions for the procurement, including practical arrangements, proposed maximum quantities, conditions of the common purchasing or renting on behalf of or in the name of the participating Member States, including prices and delivery timeframes.
4. Where the Commission cancels the procurement procedure in accordance with Article 174 of Regulation (EU, Euratom) 2024/2509 (the ‘Financial Regulation’), it shall immediately inform the participating Member States thereof, so that they can initiate their own procurement procedures without delay.
Article 37
Establishment and implementation of the negotiating mandate of the Commission
1. The agreement referred to in Article 36(3), second subparagraph, shall establish a negotiating mandate for the Commission to procure, on behalf of or in the name of the participating Member States, the relevant goods and services of critical importance or crisis-relevant goods and services through the conclusion of new contracts. That negotiating mandate shall include the award criteria.
2. The Commission shall invite participating Member States to nominate representatives to take part in the negotiation of the agreement referred to in Article 36(3), point (b), as well as in the preparation of the public procurement procedure.
3. Under that agreement, the Commission shall be entitled, when procuring on behalf of or in the name of the participating Member States, to enter into contracts with economic operators, including individual producers of goods and services of critical importance or crisis-relevant goods and services, concerning the provision of such goods or services.
4. Without prejudice to Article 174 of the Financial Regulation, the Commission shall carry out the procurement procedures on behalf of or in the name of the participating Member States, including the adoption of the award decision and conclude the resulting contracts with the economic operators.
5. When implementing the resulting agreements and when carrying out the procurement procedures,the Commission shall ensure that participating Member States are treated in a non-discriminatory manner.
Article 38
Arrangements for procurement by the Commission on behalf of or in the name of the Member States
1. Procurement under this Regulation shall be carried out by the Commission in accordance with the rules set out in the Financial Regulation for its own procurement.
2. Where duly justified by extreme urgency or strictly necessary in order to adapt to unforeseen circumstances in the development of the internal market emergency, and provided the modification does not substantially alter the subject matter of the contract, the Commission may in agreement with the contractor:
| (a) | allow the contract which has been signed to be modified, above the threshold of 50 % and up to 100 % of the initial contract value; or |
| (b) | in common agreement with the simple majority of the participating Member States, allow other Member States to join a contract that has been signed, or to sign an additional contract with the selected contractor. |
3. A modification shall be considered to be substantially altering the subject matter of the contract where it renders the contract materially different in substance from the one initially concluded, namely where one or more of the following conditions are met:
| (a) | the modification introduces or removes significant conditions which, had they been part of the initial procurement procedure, would have allowed for the admission of other tenderers than those initially selected or for the acceptance of a tender other than that originally accepted, would have attracted additional participants in the procurement procedure, or would not have led to the selection of the winning tenderer; |
| (b) | the modification significantly changes the economic balance of the contract in favour of the contractor in a manner which was not provided for in the initial contract; |
| (c) | the modification significantly extends the scope of the contract. |
CHAPTER II
Joint procurement during internal market vigilance and internal market emergency modes
Article 39
Joint procurement procedure
1. The Commission, and one or more contracting authorities or contracting entities as defined in Article 4 of Directive 2014/25/EU from the participating Member States, may carry out a joint procurement procedure in accordance with the rules set out in Article 168(2) of the Financial Regulation with a view to the provision of goods and services of critical importance or crisis-relevant goods and services. The Member States may acquire, rent or lease fully the capacities jointly procured.
2. Participation in the joint procurement procedure shall be open to all Member States, EFTA States and Union candidate countries, as well as the Principality of Andorra, the Principality of Monaco, the Republic of San Marino and the Vatican City State. For the purposes of this Article and Article 41, those countries shall be considered participating Member States where they decide to participate in the joint procurement.
3. The joint procurement procedure shall be preceded by a joint procurement agreement between the Commission and the participating Member States in order to determine the practical arrangements governing the procurement and the award criteria, in accordance with relevant Union law.
4. The Commission shall inform the European Parliament about the joint procurement procedures conducted in accordance with this Article and, upon request, grant access to the contracts that are concluded as a result of those procedures, subject to the adequate protection of commercially sensitive information, including business secrets, commercial relations and the interests of the Union.
CHAPTER III
Procurement by the Member States during the internal market emergency mode
Article 40
Consultation and coordination regarding individual procurement by the Member States
When the internal market emergency mode has been activated pursuant to Article 18, Member States shall make best efforts to inform each other and the Commission about the ongoing procurement procedures of crisis-relevant goods and services.
Prior to launching any new procurement procedures in accordance with Directives 2014/24/EU and 2014/25/EU, Member States shall:
| (a) | inform each other about the intention of any of their contracting authorities or contracting entities to launch procurement procedures for crisis-relevant goods and services; |
| (b) | consult the other Member States and the Commission about the most appropriate manner of procurement; and |
| (c) | coordinate their procurement procedures at the time of internal market emergency in the spirit of solidarity between Member States. |
Article 41
Exclusivity clause
1. During an internal market emergency mode, the agreement governing the Commission’s procurement on behalf of or in the name of one or more participating Member States or the joint procurement between the Commission and one or more participating Member States shall, where appropriate, provide for an exclusivity clause, under which participating Member States commit to not procuring the crisis-relevant goods or crisis-relevant services in question through other channels and to not running parallel negotiations.
Where an exclusivity clause is provided for, it shall stipulate that the participating Member States are allowed to launch their own procurement procedure for the acquisition of additional quantities of crisis-relevant goods or crisis-relevant services that are subject to the ongoing joint procurement or procurement by the Commission on behalf of or in the name of the Member States in a manner that does not undermine the ongoing procurement, subject to the agreement of the Commission and after consulting all other participating Member States. The request for such an agreement shall be addressed to the Commission, who shall forward it to the other participating Member States for their consideration.
2. The exclusivity clause shall apply in relation to any new contracts, including specific contracts in framework contracts, that the contracting authorities or contracting entities of the participating Member States would consider concluding during the activation of the internal market emergency mode.
TITLE VI
DATA PROTECTION, CONFIDENTIALITY, SECURITY RULES AND DIGITAL TOOLS
Article 42
Personal data protection
1. This Regulation shall be without prejudice to the obligations of Member States relating to their processing of personal data under Regulation (EU) 2016/679 and Directive 2002/58/EC of the European Parliament and of the Council (57) on privacy and electronic communications, or the obligations of the Commission and, where appropriate, other Union institutions, bodies, offices and agencies relating to their processing of personal data under Regulation (EU) 2018/1725, when fulfilling their responsibilities.
2. Personal data shall not be processed or communicated except in cases where it is strictly necessary for the purposes of this Regulation. In such cases, the conditions of Regulations (EU) 2016/679 and (EU) 2018/1725 shall apply as appropriate.
3. Where processing of personal data is not strictly necessary for the application of the mechanisms established by this Regulation, personal data shall be rendered anonymous in such a manner that the data subject is not identifiable.
Article 43
Confidentiality and security rules on the protection of the information received
1. Information received as a result of the application of this Regulation shall be used only for the purpose for which it was requested.
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 in relation to recommendations and measures to be taken, in accordance with Union and national law.
3. The Commission shall not share any information that it has received under this Regulation in a way that can lead to the identification of an individual economic operator where the sharing of the information would result in potential commercial or reputational damage to that economic operator or in the divulgence of trade secrets.
4. The Board shall be bound by the Commission’s security rules for protecting European Union classified information and sensitive non-classified information.
5. Member States and the Commission shall ensure that classified information provided or exchanged under this Regulation is not downgraded or declassified without the prior written consent of the originator of that information.
Article 44
Digital tools
1. By 29 May 2026, the Commission and the Member States shall, where there are no suitable existing tools or IT infrastructures, set up, maintain and regularly update interoperable digital tools or IT infrastructures supporting the objectives of this Regulation. Such tools or infrastructures shall be developed outside the duration of an internal market emergency mode in order to respond to possible future emergencies in a timely and efficient manner. They shall include, inter alia, standardised, secure and effective digital tools for the secure collection and exchange of information, as well as a dedicated single digital portal or website where citizens and businesses can find and submit declaration, registration or authorisation forms.
2. The Commission shall, by means of implementing acts, set out the technical aspects of such tools or infrastructures using, where possible, existing IT tools or portals. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 45(2).
TITLE VII
FINAL PROVISIONS
Article 45
Committee
1. The Commission shall be assisted by a committee named the ‘Internal Market Emergency and Resilience Committee’. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.
2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.
3. Where reference is made to this paragraph, Article 8 of Regulation (EU) No 182/2011, in conjunction with Article 5 thereof, shall apply.
Article 46
Report, review and evaluation
1. By 29 November 2029, and every five years thereafter, the Commission shall carry out an evaluation of, and submit a report to the European Parliament and the Council on, the functioning and effectiveness of this Regulation.
2. In addition, by four months after the deactivation of the internal market vigilance mode or the internal market emergency mode, as applicable, the Commission shall carry out an evaluation of, and submit a report to, the European Parliament and the Council on the measures implemented under this Regulation in relation to the crisis that led to the activation of that mode, in particular on the effectiveness of those measures.
3. The reports referred to in paragraphs 1 and 2 shall be accompanied, where appropriate, by relevant legislative proposals.
4. The reports referred to in paragraphs 1 and 2 shall include, in particular, an evaluation of the following:
| (a) | the contribution of this Regulation to the smooth and efficient functioning of the internal market, in particular as regards the free movement of goods, services and persons and the avoidance of divergent national measures which would create cross-border restrictions; |
| (b) | the measures implemented under this Regulation, including an assessment of the principles of non-discrimination and proportionality, in particular:
|
| (c) | the work of the Board, including its work in relation to the work of other relevant crisis-relevant bodies at Union level, in particular the IPCR, the Health Emergency Preparedness and Response Authority and UCPM; |
| (d) | the appropriateness of the criteria for the activation of the internal market vigilance mode or the internal market emergency mode, as appropriate. |
5. For the purpose of paragraphs 1 and 2, the competent authorities of the Member States and the Board shall provide the Commission with information upon its request.
Where necessary, the Commission may also request and obtain any relevant specialised or scientific knowledge from relevant Union bodies, offices and agencies.
Article 47
Amendments to Regulation (EC) No 2679/98
Regulation (EC) No 2679/98 is amended as follows:
| (1) | Article 2 is replaced by the following: ‘Article 2 This Regulation shall not in any way affect the exercise of fundamental rights as recognised in the Member States and at Union level, including the right or freedom to strike or to take other action covered by the specific industrial relation systems in Member States, in accordance with national law or practice. It shall not affect the right of workers and employers, in accordance with national law or practice, to negotiate and conclude collective agreements and, in cases of conflicts of interest, to take collective action to defend their interests, including strike action.’ ; |
| (2) | the following Article is added: ‘Article 5a 1. Where the internal market emergency mode defined in Article 3, point (3), of Regulation (EU) 2024/2747 of the European Parliament and of the Council (*1) has been activated in accordance with Article 18 of that Regulation, Articles 3, 4 and 5 of this Regulation shall cease to apply in respect to the crisis-relevant goods listed in an implementing act adopted pursuant to Article 18(4) of that Regulation for the duration of the internal market emergency mode. 2. Where paragraph 1 of this Article applies, obligations arising from this Regulation prior to the activation of the internal market emergency mode in accordance with Regulation (EU) 2024/2747 remain unaffected. (*1) Regulation (EU) 2024/2747 of the European Parliament and of the Council of 9 October 2024 establishing a framework of measures related to an internal market emergency and to the resilience of the internal market and amending Council Regulation (EC) No 2679/98 (Internal Market Emergency and Resilience Act) (OJ L, 2024/2747, 8.11.2024, ELI: http://data.europa.eu/eli/reg/2024/2747/oj)’." |
Article 48
Entry into force and application
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 29 May 2026.
This Regulation shall be binding in its entirety and directly applicable in all Member States.