European Parliament decision to raise no objections to the Commission delegated regulation of 10 August 2023 derogating from Delegated Regulation (EU) 2017/891 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council for the year 2023 as regards the value of marketed production, the national strategy and the recovery of Union financial assistance for multiannual commitments in the fruit and vegetables sector due to adverse meteorological events (C(2023)05369 – 2023/2818(DEA))

P9_TA(2023)0309 B9-0364/2023

The European Parliament,

–  having regard to the Commission delegated regulation C(2023)05369,

–  having regard to the Commission’s letter of 8 August 2023 asking Parliament to declare that it will raise no objections to the delegated regulation,

–  having regard to the letter from the Committee on Agriculture and Rural Development to the Chair of the Conference of Committee Chairs of 30 August 2023,

–  having regard to Article 290 of the Treaty on the Functioning of the European Union,

–  having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007(1), and in particular Articles 37 and 173 and Article 227(5) thereof,

–  having regard to Rule 111(6) of its Rules of Procedure,

–  having regard to the recommendation for a decision of the Committee on Agriculture and Rural Development,

–  having regard to the fact that no objections have been raised within the period laid down in Rule 111(6), third and fourth indents, of its Rules of Procedure, which expired on 12 September 2023,

A.  whereas, due to severe adverse meteorological events (inter alia droughts and floods) affecting several Member States’ regions in 2023, the production of fruit and vegetables has been dramatically damaged, affecting both the volume produced and its quality;

B.  whereas many recognised producer organisations and associations of producer organisations are facing difficulties in implementing their approved operational programmes;

C.  whereas some of the approved actions and measures will not be implemented in 2023 and therefore part of the operational funds will not be spent; whereas other recognised producer organisations and associations of producer organisations are amending their operational programmes with a view to implementing actions and measures to address the impact of the severe adverse meteorological events in the fruit and vegetables sector, such as crisis management measures;

D.  whereas, with a view to addressing the consequences of the unprecedented nature of severe adverse meteorological events of the spring of 2023, the Commission proposed that it is necessary to alleviate those difficulties by derogating from certain provisions of Commission Delegated Regulation (EU) 2017/891(2) applicable in the fruit and vegetables sector; whereas, therefore, the producer organisations should be exempted in the year 2023 from the provisions regarding the obligation that the economic value of products sold from producers that are not members of the producer organisation or of the association of producer organisation must be below the value of marketed production of the producer organisation or of the association of producer organisations; whereas, in addition, Member States should also be exempted from their obligation to set out in the national strategy the maximum percentages of the operational fund which may be spent on individual measures or types of action;

E.  whereas, to ensure the financial stability of producer organisations, Union financial assistance received for multiannual commitments in the fruit and vegetables sector, such as environmental actions, should not be recovered and reimbursed to the European Agricultural Guarantee Fund (EAGF) as provided for in Article 36(3) of Delegated Regulation (EU) 2017/891, if their long-term objectives could not be realised because of their interruption in the year 2023 for reasons linked to the consequences of the adverse meteorological events of the spring of 2023;

1.  Declares that it has no objections to the delegated regulation;

2.  Instructs its President to forward this decision to the Council and the Commission.

(1) OJ L 347, 20.12.2013, p. 671. (2) Commission Delegated Regulation (EU) 2017/891 of 13 March 2017 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council with the fruit and vegetables and processed fruit and vegetables sectors and supplementing Regulation (EU) No 1306/2013 of the European Parliament and of the Council with regard to penalties to be applied in those sectors and amending Commission Implementing Regulation (EU) No 543/2011 (OJ L 138, 25.5.2017, p. 4).

European Parliament decision to raise no objections to the Commission delegated regulation of 10 August 2023 on temporary emergency measures derogating in respect of the year 2023 from certain provisions of Commission Delegated Regulation (EU) 2022/126 supplementing Regulation (EU) 2021/2115 of the European Parliament and of the Council, to resolve specific problems in the fruit and vegetables sector caused by adverse meteorological events and measures linked to them (C(2023)05365 – 2023/2819(DEA))

P9_TA(2023)0310 B9-0365/2023

The European Parliament,

–  having regard to the Commission delegated regulation (C(2023)05365),

–  having regard to the Commission’s letter of 8 August 2023 asking Parliament to declare that it will raise no objections to the delegated regulation,

–  having regard to the letter from the Committee on Agriculture and Rural Development to the Chair of the Conference of Committee Chairs of 30 August 2023,

–  having regard to Article 290 of the Treaty on the Functioning of the European Union,

–  having regard to Regulation (EU) 2021/2115 of the European Parliament and of the Council of 2 December 2021 establishing rules on support for strategic plans to be drawn up by Member States under the common agricultural policy (CAP Strategic Plans) and financed by the European Agricultural Guarantee Fund (EAGF) and by the European Agricultural Fund for Rural Development (EAFRD) and repealing Regulations (EU) No 1305/2013 and (EU) No 1307/2013(1), and in particular Article 45, point (c), and Article 152(6) thereof,

–  having regard to Rule 111(6) of its Rules of Procedure,

–  having regard to the recommendation for a decision of the Committee on Agriculture and Rural Development,

–  having regard to the fact that no objections have been raised within the period laid down in Rule 111(6), third and fourth indents, of its Rules of Procedure, which expired on 12 September 2023,

A.  whereas, due to severe adverse meteorological events that have taken place in several Member States’ regions in the spring of 2023, the production of fruits and vegetables has been dramatically damaged affecting both the volume produced and its quality;

B.  whereas losses in the value of marketed production (VMP) in the fruit and vegetables sector tend to have a major impact on the amount of Union aid received by producer organisations in the subsequent year;

C.  whereas severe adverse meteorological events also disrupt recognised producer organisations by affecting their financial stability and operational programmes beyond the year 2023, as the VMP for the year 2023 impacts the calculation of Union financial assistance, due to the fact that the amount of Union aid is calculated as a percentage of the VMP of each producer organisation;

D.  whereas, in the event that substantial losses in VMP were to occur in 2023, producer organisations would risk losing their official recognition, as one of the criteria for such recognition is reaching a certain minimum VMP fixed at a national level;

E.  whereas this would put the long-term stability of producer organisations as key elements of the Common Market organisation in the Union fruit and vegetables sector at risk;

F.  whereas, to alleviate those difficulties, it is necessary to derogate from provisions concerning the calculation of the VMP laid down in Commission Delegated Regulation (EU) No 2022/126(2) applicable in the fruit and vegetables sector;

G.  whereas, under the delegated regulation, where a reduction of at least 35 % in the value of a product has occurred due to the adverse meteorological events of the spring of 2023 falling outside the responsibility and control of the producer organisation, association of producer organisations, the VMP of that product in 2023 shall be deemed to represent 100 % of the VMP for the average of the five previous 12-month reference periods, excluding the lowest and highest values;

1.  Declares that it has no objections to the delegated regulation;

2.  Instructs its President to forward this decision to the Council and the Commission.

(1) OJ L 435, 6.12.2021, p. 1. (2) Commission Delegated Regulation (EU) 2022/126 of 7 December 2021 supplementing Regulation (EU) 2021/2115 of the European Parliament and of the Council with additional requirements for certain types of intervention specified by Member States in their CAP Strategic Plans for the period 2023 to 2027 under that Regulation as well as rules on the ratio for the good agricultural and environmental condition (GAEC) standard 1 (OJ L 20, 31.1.2022, p. 52).

European Parliament legislative resolution of 13 September 2023 on the draft European Council decision establishing the composition of the European Parliament (00013/2023 – C9-0319/2023 – 2023/0900(NLE))

P9_TA(2023)0311 A9-0265/2023

(Consent)

The European Parliament,

–  having regard to the draft European Council decision (00013/2023),

–  having regard to the request for consent submitted by the European Council in accordance with Article 14(2) of the Treaty on European Union (C9‑0319/2023),

–  having regard to its resolution of 15 June 2023 on the composition of the European Parliament and to its proposal for a decision of the European Council annexed thereto(1),

–  having regard to its statement annexed to this resolution,

–  having regard to Rule 90 and Rule 105(1) and (4) of its Rules of Procedure,

–  having regard to the recommendation of the Committee on Constitutional Affairs (A9-0265/2023),

1.  Gives its consent to the draft European Council decision;

2.  Instructs its President to forward its position to the European Council and, for information, to the Commission and to the governments and parliaments of the Member States.

ANNEX TO THE LEGISLATIVE RESOLUTION

Statement by the European Parliament

The draft decision on the composition of the European Parliament is without prejudice to the prerogatives of the European Parliament and the Council in the annual budgetary procedure and Recital 5 of that draft decision concerns matters that do not fall within the scope of the European Council's competences under Article 15(1) TEU and the legal basis of Article 14(2) TEU. It is for the European Parliament and the Council alone to decide on the content of the Union's budget in accordance with the procedure laid down in Article 314 TFEU.

(1) Texts adopted, P9_TA(2023)0243.

European Parliament decision of 13 September 2023 on the nomination of Katarína Kaszasová as a Member of the Court of Auditors (C9-0220/2023 – 2023/0804(NLE))

P9_TA(2023)0312 A9-0259/2023

(Consultation)

The European Parliament,

–  having regard to Article 286(2) of the Treaty on the Functioning of the European Union, pursuant to which the Council consulted Parliament (C9‑0220/2023),

–  having regard to Rule 129 of its Rules of Procedure,

–  having regard to the report of the Committee on Budgetary Control (A9-0259/2023),

A.  whereas, by letter of 29 June 2023, the Council consulted Parliament on the nomination of Katarína Kaszasová as a Member of the Court of Auditors;

B.  whereas Parliament’s Committee on Budgetary Control then proceeded to evaluate Katarína Kaszasová’s credentials, in particular in view of the requirements laid down in Article 286(1) of the Treaty on the Functioning of the European Union; whereas in carrying out that evaluation, the committee received a curriculum vitae from Katarína Kaszasová, as well as the replies to the written questionnaire that she had been sent;

C.  whereas the committee subsequently held a hearing with Katarína Kaszasová on 4 September 2023, at which she made an opening statement and then answered questions put by the members of the committee;

1.  Delivers a favourable opinion on the Council’s nomination of Katarína Kaszasová as a Member of the Court of Auditors;

2.  Instructs its President to forward this decision to the Council and, for information, the Court of Auditors, the other institutions of the European Union and the audit institutions of the Member States.

European Parliament legislative resolution of 13 September 2023 on the draft Council decision concerning the extension of the Agreement for scientific and technological cooperation between the European Community and the Government of the United States of America (08892/2023) – C9-0186/2023 – 2023/0088(NLE))

P9_TA(2023)0313 A9-0242/2023

(Consent)

The European Parliament,

–  having regard to the draft Council decision (08892/2023),

–  having regard to Council Decision 98/591/EC of 13 October 1998 concerning the conclusion of the Agreement for scientific and technological cooperation between the European Community and the Government of the United States of America(1),

–  having regard to the request for consent submitted by the Council in accordance with Article 186 and Article 218(6), second subparagraph, point (a)(v), of the Treaty on the Functioning of the European Union (C9-0186/2023),

–  having regard to the Rule 105(1) and (4), and Rule 114(7) of its Rules of Procedure,

–  having regard to the recommendation of the Committee on Industry, Research and Energy (A9-0242/2023),

1.  Gives its consent to the extension of the agreement;

2.  Instructs its President to forward its position to the Council, the Commission and the governments and parliaments of the Member States and the Government of the United States of America.

(1) OJ L 284, 22.10.1998, p. 35.

European Parliament legislative resolution of 13 September 2023 on the proposal for a Council decision on guidelines for the employment policies of the Member States (COM(2023)0599 – C9-0200/2023 – 2023/0173(NLE))

P9_TA(2023)0314 A9-0241/2023

(Consultation)

The European Parliament,

–  having regard to the Commission proposal to the Council (COM(2023)0599),

–  having regard to Article 148(2) of the Treaty on the Functioning of the European Union, pursuant to which the Council consulted Parliament (C9‑0200/2023),

–  having regard to Rule 82 of its Rules of Procedure,

–  having regard to the report of the Committee on Employment and Social Affairs (A9-0241/2023),

1.  Approves the Commission proposal;

2.  Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;

3.  Asks the Council to consult Parliament again if it intends to substantially amend the text approved by Parliament;

4.  Instructs its President to forward its position to the Council and the Commission.

European Parliament legislative resolution of 13 September 2023 on the proposal for a Council directive amending Directive 2011/16/EU on administrative cooperation in the field of taxation (COM(2022)0707 – C9-0017/2023 – 2022/0413(CNS))

P9_TA(2023)0315 A9-0236/2023

(Special legislative procedure – consultation)

The European Parliament,

–  having regard to the Commission proposal to the Council (COM(2022)0707),

–  having regard to Articles 113 and 115 of the Treaty on the Functioning of the European Union, pursuant to which the Council consulted Parliament (C9‑0017/2023),

–  having regard to Rule 82 of its Rules of Procedure,

–  having regard to the report of the Committee on Economic and Monetary Affairs (A9-0236/2023),

1.  Approves the Commission proposal as amended;

2.  Calls on the Commission to alter its proposal accordingly, in accordance with Article 293(2) of the Treaty on the Functioning of the European Union;

3.  Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;

4.  Asks the Council to consult Parliament again if it intends to substantially amend the Commission proposal;

5.  Instructs its President to forward its position to the Council, the Commission and the national parliaments.

Text proposed by the Commission   Amendment Amendment 1 Proposal for a directive Recital 1 (1)  Tax fraud, tax evasion and tax avoidance represent a major challenge for the Union and at global level. Exchange of information is pivotal in the fight against such practices. (1)  Tax fraud, tax evasion and tax avoidance represent a major challenge for the Union and at global level. It is estimated that Member States lose up to EUR 170 billion per year1a as a result of tax fraud, tax evasion and tax avoidance, which significantly undermines the capacity to provide quality public services. Exchange of information is a pivotal part in the development of a well-functioning and effective Union framework to fight against such harmful practices. __________________ 1a Polish Economic Institute, Tax unfairness in the European Union: https://pie.net.pl/wp-content/uploads/2018/07/PIE_Report_Tax_Havens_EU.pdf Amendment 2 Proposal for a directive Recital 2 a (new) (2a)  In order to ensure the proper implementation of this Directive, Member States should communicate to the Commission, on an annual basis, relevant information about obstacles encountered. Furthermore, the exchange of national best practices among tax authorities should also be encouraged. Amendment 3 Proposal for a directive Recital 2 b (new) (2b)  The European Parliament has called for a more ambitious approach on the system and infrastructure of exchange of information in the field of taxation, notably through its several opinions on the revisions of the Directive on Administrative Cooperation (DAC) and an Implementation Report. Amendment 4 Proposal for a directive Recital 2 c (new) (2c)  Given the free movement of capital, national stand-alone approaches do not provide efficient answers to tax abuse. The implementation of Union-wide policies and, whenever possible, international agreements remains, therefore, a crucial dimension in efforts to improve the fairness of tax systems. Amendment 5 Proposal for a directive Recital 5 (5)  The crypto-asset market has gained in importance and increased its capitalisation substantially and rapidly over the last 10 years. Crypto-assets are a digital representation of a value or of a right, which is able to be transferred and stored electronically, using distributed ledger technology or similar technology. (5)  The crypto-asset market has gained in importance and increased its capitalisation substantially and rapidly over the last 10 years. Crypto-assets are a digital representation of a value or of a right, which is able to be transferred and stored electronically, using distributed ledger technology or similar technology. Due to their opaque and volatile nature, crypto-assets could be used for illicit purposes. Tracking the transfers of crypto-assets is of high importance. Amendment 6 Proposal for a directive Recital 6 (6)  Member States have rules and guidance in place, albeit different across Member States, to tax income derived from crypto-asset transactions. However, the decentralised nature of crypto-assets makes it difficult for Member States’ tax administrations to ensure tax compliance. (6)  Member States have rules and guidance in place, albeit different across Member States, to tax income derived from crypto-asset transactions. However, some Member States have designed tax benefits specifically targeted to attract crypto-assets which could lead to harmful tax practices and losses of tax revenues. Amendment 7 Proposal for a directive Recital 7 (7)  Regulation XXX on Markets in Crypto-assets of the European Parliament and the Council26 (the Regulation XXX) has expanded the Union regulatory perimeter to issues of crypto-assets that had so far not been regulated by Union financial services acts as well as providers of services in relation to such crypto-assets (‘crypto-asset service providers’). The Regulation XXX sets out definitions that are used for the purposes of this Directive. This Directive also takes into account the authorisation requirement for crypto-asset service providers under Regulation XXX in order to minimise administrative burden for the crypto-asset service providers. The inherent cross-border nature of crypto-assets requires strong international administrative cooperation to ensure effective regulation. (7)  Regulation (EU) 2023/1114 of the European Parliament and of the Council1a has expanded the Union regulatory perimeter to issues of crypto-assets that had so far not been regulated by Union financial services acts as well as providers of services in relation to such crypto-assets (‘crypto-asset service providers’). That Regulation sets out definitions that are used for the purposes of this Directive. This Directive also takes into account the authorisation requirement for crypto-asset service providers under that Regulation in order to minimise administrative burden for the crypto-asset service providers. The inherent cross-border nature of crypto-assets requires strong international administrative cooperation to ensure effective regulation. It is essential to guarantee systematic coherence in the Union legal acts regarding the regulation of crypto assets. To that end, Regulation (EU) 2023/1113 of the European Parliament and of the Council1b is also considered in this DAC revision. However, this Directive also recognises, that for an effective exchange of information a broader coverage is needed. __________________ __________________ 26 1a Regulation (EU) 2023/1114 of the European Parliament and of the Council of 31 May 2023 on markets in crypto-assets, and amending Regulations (EU) No 1093/2010 and (EU) No 1095/2010 and Directives 2013/36/EU and (EU) 2019/1937 (OJ L 150, 9.6.2023, p. 40). 1b Regulation (EU) 2023/1113 of the European Parliament and of the Council of 31 May 2023 on information accompanying transfers of funds and certain crypto-assets and amending Directive (EU) 2015/849 (OJ L 150, 9.6.2023, p. 1). Amendment 8 Proposal for a directive Recital 8 (8)  The Union’s Anti-Money Laundering/Countering the Financing of Terrorism framework (AML/CFT) extends the scope of obliged entities subject to AML/CFT rules, to crypto-asset service providers regulated by Regulation XXX. In addition, the Regulation XXX27 extends the obligation of payment service providers to accompany transfers of funds with information on the payer and payee to crypto-assets services providers to ensure the traceability of transfers of crypto-assets for purpose of fighting against money laundering and terrorism financing. (8)  The Union’s Anti-Money Laundering/Countering the Financing of Terrorism framework (AML/CFT) extends the scope of obliged entities subject to AML/CFT rules, to crypto-asset service providers regulated by Regulation (EU) 2023/1114. In addition, Regulation (EU) 2023/1113 extends the obligation of payment service providers to accompany transfers of funds with information on the payer and payee to crypto-assets services providers to ensure the traceability of transfers of crypto-assets for purpose of fighting against money laundering and terrorism financing. __________________ 27 Amendment 9 Proposal for a directive Recital 9 (9)  At international level, the Organisation for Economic Co-operation and Development (OECD) Crypto-Asset Reporting Framework28 aims at introducing greater tax transparency on crypto-assets and its reporting. Union rules should take into account the framework developed by the OECD in order to increase effectiveness of information exchange and to reduce the administrative burden. (9)  At international level, the Organisation for Economic Co-operation and Development (OECD) Crypto-Asset Reporting Framework28 aims at introducing greater tax transparency on crypto-assets and its reporting. Union rules should take into account the framework developed by the OECD in order to increase effectiveness of information exchange and to reduce the administrative burden. Member States should use the Commentaries on the Model Competent Authority Agreement and the Crypto-Asset Reporting Framework, developed by the OECD, in order to ensure consistent implementation and application of this Directive. __________________ __________________ 28 https://www.oecd.org/tax/exchange-of-tax-information/crypto-asset-reporting-framework-and-amendments-to-the-common-reporting-standard.pdf 28 https://www.oecd.org/tax/exchange-of-tax-information/crypto-asset-reporting-framework-and-amendments-to-the-common-reporting-standard.pdf Amendment 10 Proposal for a directive Recital 14 (14)  The Directive applies to crypto-assets service providers regulated by and authorised under Regulation XXX and to crypto-asset operators that are not. Both are referred to as reporting crypto-asset service providers as they are required to report under this Directive. The general understanding of what constitutes crypto-assets is very broad and includes those crypto-assets that have been issued in a decentralised manner, as well as stablecoins, and certain non-fungible tokens (NFTs). Crypto-assets that are used for payment or investment purposes are reportable under this Directive. Therefore, reporting crypto-asset service providers should consider on a case-by-case basis whether crypto-assets can be used for payment and investment purposes, taking into account the exemptions provided in Regulation XXX, in particular in relation to a limited network and certain utility tokens. (14)  The Directive applies to crypto-assets service providers regulated by and authorised under Regulation (EU) 2023/1114 and to crypto-asset operators that are not. Both are referred to as reporting crypto-asset service providers as they are required to report under this Directive. The general understanding of what constitutes crypto-assets is very broad and includes those crypto-assets that have been issued in a decentralised manner, as well as stablecoins, including e-money tokens, as defined in Regulation (EU) 2023/1114, and certain non-fungible tokens (NFTs). Crypto-assets that are used for payment or investment purposes are reportable under this Directive. Amendment 11 Proposal for a directive Recital 17 (17)  Crypto-asset service providers covered by Regulation XXX may exercise their activity in the Union through passporting once they have received their authorisation in a Member State. For these purposes, ESMA holds a register with authorised crypto-asset service providers. Additionally, ESMA also maintains a blacklist of operators exercising crypto-asset services that require an authorisation under Regulation XXX. (17)  Crypto-asset service providers covered by Regulation (EU) 2023/1114 may exercise their activity in the Union through passporting once they have received their authorisation in a Member State. For these purposes, ESMA holds a register with authorised crypto-asset service providers. Additionally, ESMA also maintains a blacklist of operators exercising crypto-asset services that require an authorisation under that Regulation. Amendment 12 Proposal for a directive Recital 19 (19)  In order to foster administrative cooperation in this field with non-Union jurisdictions, crypto-asset operators that are situated in non-Union jurisdictions and provide services to EU crypto-asset users, such as NFT service-providers or operators providing services on a reverse-solicitation basis, should be allowed to solely report information on crypto-asset users resident in the Union to the tax authorities of a non-Union jurisdiction insofar as the reported information is correspondent to the information set out in this Directive and insofar as there is an effective exchange of information between the non-Union jurisdiction and a Member State. Crypto-asset service providers authorised under Regulation XXX could be exempt from reporting such information in the Member States where it is holding the authorisation if the correspondent reporting takes place in a non-Union Jurisdiction and insofar as there is an effective qualifying competent authority agreement in place. The qualified non-Union jurisdiction would in turn communicate such information to the tax administrations of those Member States where crypto-asset users are resident. Where appropriate, that mechanism should be enabled to prevent correspondent information from being reported and transmitted more than once. (19)  In order to foster administrative cooperation in this field with non-Union jurisdictions, crypto-asset operators that are situated in non-Union jurisdictions and provide services to EU crypto-asset users, such as NFT service-providers or operators providing services on a reverse-solicitation basis, should be allowed to solely report information on crypto-asset users resident in the Union to the tax authorities of a non-Union jurisdiction insofar as the reported information is correspondent to the information set out in this Directive and insofar as there is an effective exchange of information between the non-Union jurisdiction and a Member State. Crypto-asset service providers authorised under Regulation (EU) 2023/1114 could be exempt from reporting such information in the Member States where it is holding the authorisation if the correspondent reporting takes place in a non-Union Jurisdiction and insofar as there is an effective qualifying competent authority agreement in place. The qualified non-Union jurisdiction would in turn communicate such information to the tax administrations of those Member States where crypto-asset users are resident. Where appropriate, that mechanism should be enabled to prevent correspondent information from being reported and transmitted more than once. Amendment 13 Proposal for a directive Recital 23 (23)  This Directive does not substitute any wider obligations arising from Regulation XXX. (23)  This Directive does not substitute any wider obligations arising from Regulation (EU) 2023/1114 or from Regulation (EU) 2023/1113. Amendment 14 Proposal for a directive Recital 24 (24)  In order to foster convergence and promote consistent supervision with regard to Regulation XXX, national competent authorities should cooperate with other national competent authorities or institutions and share relevant information. (24)  In order to foster convergence and promote consistent supervision with regard to Regulation (EU) 2023/1114, national competent authorities should cooperate with other national competent authorities or institutions and share relevant information, in an effective and loyal way. Amendment 15 Proposal for a directive Recital 26 (26)  It is crucial to reinforce the provisions of Directive 2011/16/EU concerning the information to be reported or exchanged to adapt to new developments of different markets and consequently effectively tackle identified conducts for tax fraud, tax avoidance and tax evasion. Those provisions should reflect the developments observed in the internal market and at international level leading to an effective reporting and exchange of information. Consequently, the Directive includes among others the latest additions to the Common Reporting Standard of the OECD, the integration of e-money and central bank digital currency provisions, a clear and harmonised framework for compliance measures, and the extension of the scope of cross-border rulings to high net worth individuals. (26)  It is crucial to reinforce the provisions of Directive 2011/16/EU concerning the information to be reported or exchanged to adapt to new developments of different markets and consequently effectively tackle identified conducts for tax fraud, tax avoidance and tax evasion. Those provisions should reflect the developments observed in the internal market and at international level leading to an effective reporting and exchange of information. Consequently, the Directive includes among others the latest additions to the Common Reporting Standard of the OECD, the integration of e-money and central bank digital currency provisions, a clear and harmonised framework for compliance measures, and the extension of the scope of cross-border rulings to high net worth individuals. Member States should use the Commentaries on the Model Competent Authority Agreement and the Common Reporting Standard, developed by the OECD, in order to ensure consistent implementation and application of this Directive. Amendment 16 Proposal for a directive Recital 26 a (new) (26a)  While several countries, including many Member States, are releasing anonymised and aggregated information per country - extracted from the country-by-country reports required under Council Directive (EU) 2016/881 or Action 13 from the BEPS Action Plan, it is regrettable that some Member States are not publishing this information in international databases. An assessment of the publishing practice on anonymised and aggregated information per country and assessing the usefulness of a harmonised approach should be object of the next revision of the DAC. Amendment 17 Proposal for a directive Recital 27 (27)  E-money products, as defined by Directive 2009/110/EU of the European Parliament and of the Council31 are frequently used in the Union and the volume of transactions, and their combined value increases steadily. E-money products are however not explicitly covered by Directive 2011/16/EU. Member States adopt diverse approaches to e-money. As a result, related products are not always covered by the existing categories of income and capital of Directive 2011/16/EU. Rules should therefore be introduced ensuring that reporting obligations apply to e-money and e-money tokens under Regulation XXX. (27)  E-money products, as defined by Directive 2009/110/EU of the European Parliament and of the Council31 are frequently used in the Union and the volume of transactions, and their combined value increases steadily. E-money products are however not explicitly covered by Directive 2011/16/EU. Member States adopt diverse approaches to e-money. As a result, related products are not always covered by the existing categories of income and capital of Directive 2011/16/EU. Rules should therefore be introduced ensuring that reporting obligations apply to e-money and e-money tokens under Regulation (EU) 2023/1114. __________________ __________________ 31 Directive 2009/110/EC of the European Parliament and of the Council of 16 September 2009 on the taking up, pursuit and prudential supervision of the business of electronic money institutions amending Directives 2005/60/EC and 2006/48/EC and repealing Directive 2000/46/EC (OJ L 267, 10.10.2009, p. 7). 31 Directive 2009/110/EC of the European Parliament and of the Council of 16 September 2009 on the taking up, pursuit and prudential supervision of the business of electronic money institutions amending Directives 2005/60/EC and 2006/48/EC and repealing Directive 2000/46/EC (OJ L 267, 10.10.2009, p. 7). Amendment 18 Proposal for a directive Recital 28 (28)  In order to close loopholes that allow tax evasion, tax avoidance and tax fraud, Member States should be required to exchange information related to income derived from non-custodial dividends. Income from non-custodial dividends should therefore be included in the categories of income subject to mandatory automatic exchange of information. (28)  In order to close loopholes that allow tax evasion, tax avoidance and tax fraud, Member States should be required to exchange information related to income derived from non-custodial dividends and capital gains from immovable property. The mandatory automatic exchange of information is deemed complied with if such information can be consulted through national or interconnected registries by competent authorities. Amendment 19 Proposal for a directive Recital 28 a (new) (28a)  Some types of income and assets are still excluded from the scope of automatic exchange of information, which presents a risk of circumventing tax obligations. The Commission should assess the need and the most appropriate way, and to present concrete proposals, to include the following ownership information, items of income and (non)-financial assets in the automatic exchange of information: the beneficial owners of immovable property and companies; financial assets; non-financial assets such as cash, art, gold or other valuables held at free ports, customs warehouses or safe deposit boxes; ownership of yachts and private jets; and accounts at larger peer-to-peer lending, crowdfunding and similar platforms. Amendment 20 Proposal for a directive Recital 29 (29)  The Tax Identification Number (‘TIN’) is essential for Member States to match information received with data present in national databases. It increases Member States’ capability of identifying the relevant taxpayers and correctly assessing the related taxes. Therefore, it is important that Member States require that TIN is indicated in the context of exchanges related to financial accounts, advance cross-border rulings and advance pricing agreements, country-by-country reports, reportable cross-border arrangements, and information on sellers on digital platforms. (29)  The Tax Identification Number (‘TIN’) is essential for Member States to match information received with data present in national databases. It increases Member States’ capability of identifying the relevant taxpayers and correctly assessing the related taxes. Therefore, it is important that Member States require that TIN is indicated in the context of exchanges related to financial accounts, advance cross-border rulings and advance pricing agreements, country-by-country reports, reportable cross-border arrangements, and information on sellers on digital platforms and crypto-assets. However, when the TIN is not available, such an obligation may not be fulfilled by the competent authorities of Member States. Amendment 21 Proposal for a directive Recital 29 a (new) (29a)  A European TIN would allow any authority to quickly, easily and correctly identify and record TINs in cross-border relations and serve as a basis for effective automatic exchange of information between Member States’ tax administrations. Therefore, the Commission should re-examine the creation of a European TIN, including its added value and potential impact. Amendment 22 Proposal for a directive Recital 33 (33)  It is important that, as a matter of principle, the information communicated under Directive 2011/16/EU is used for the assessment, administration and enforcement of taxes which are covered by the material scope of that Directive. While this was not precluded so far, uncertainties regarding the use of information have arisen due to unclear framework. Given the interlinks between tax fraud, evasion and avoidance and anti-money laundering and the synergies in terms of enforcement, it is appropriate to clarify that information communicated between Member States may also be used for the assessment, administration and enforcement customs duties and anti-money laundering and combating the financing of terrorism. (33)  It is important that, as a matter of principle, the information communicated under Directive 2011/16/EU is used for the assessment, administration and enforcement of taxes which are covered by the material scope of that Directive. While this was not precluded so far, uncertainties regarding the use of information have arisen due to unclear framework. Given the interlinks between tax fraud, evasion and avoidance and anti-money laundering and the synergies in terms of enforcement, it is appropriate to clarify that information communicated between Member States may also be used for the assessment, administration and enforcement customs duties and anti-money laundering and combating the financing of terrorism. However, the provisions in this Directive should not double or materially overlap with the provisions in the Union's anti-money-laundering framework. Amendment 23 Proposal for a directive Recital 34 (34)  Directive 2011/16/EU provides for the possibility to use the information exchanged for other purposes than for direct and indirect tax purposes to the extent that the sending Member State has stated the purpose allowed for the use of such information in a list. However, the procedure for such use is cumbersome as the sending Member State need to be consulted before the receiving Member State can use the information for other purposes. Removing the requirement for such consultation should alleviate the administrative burden and allow swift action from tax authorities when needed. It should therefore not be required to consult the sending Member State where the intended use of information is covered in a list drafted beforehand by the sending Member State. (34)  Directive 2011/16/EU provides for the possibility to use the information exchanged for other purposes than for direct and indirect tax purposes to the extent that the sending Member State has stated the purpose allowed for the use of such information in a list. However, the procedure for such use is cumbersome as the sending Member State need to be consulted before the receiving Member State can use the information for other purposes. Removing the requirement for such consultation should alleviate the administrative burden and allow swift action from tax authorities when needed. It should therefore not be required to consult the sending Member State where the intended use of information is covered in a list drafted beforehand by the sending Member State. Such list can include the use of information of non-tax related data by local authorities in the framework of thresholds and limitations attached to the delivery of certain services such as services provided via an online platform in particular. Amendment 24 Proposal for a directive Recital 35 a (new) (35a)  Information acquired through the reporting or the exchange of information under Directive 2011/16/EU should be effectively used by each Member State. Therefore, a mechanism ensuring effective use, including risk analysis of the data, should be introduced in each Member State. Amendment 25 Proposal for a directive Recital 36 (36)  In order to enhance the efficient use of resources, facilitate the exchange of information and avoid the need for each Member States to make similar changes to their systems for storing information, a central directory should be established, accessible to all Member States and only for statistical purposes to the Commission, to which Member States would upload and store reported information, instead of exchanging that information by secured email. The practical arrangements necessary for the establishment of such central directory should be adopted by the Commission. (36)  In order to enhance the efficient use of resources, facilitate the exchange of information and avoid the need for each Member States to make similar changes to their systems for storing information, a central directory should be established, accessible to all Member States and only for statistical purposes to the Commission, to which Member States would upload and store reported information, instead of exchanging that information by secured email. That effort should also enhance the exchange of best practices on how to implement digital tools in tax administrations to reduce compliance costs and bureaucracy, while improving effectiveness and efficiency, and taking into account the need to qualify human resources. The practical arrangements necessary for the establishment of such central directory should be adopted by the Commission. Amendment 26 Proposal for a directive Recital 36 a (new) (36a)  The Commission is entitled to produce reports and documents, using the information exchanged in an anonymised manner, so as to take into account the taxpayers’ rights to confidentiality and in compliance with Regulation (EC) No 1049/2001 regarding public access to European Parliament, Council and Commission documents. The publication of anonymised and aggregated country-by-country report statistics, including on effective tax rates, on an annual basis for all Member States contributes to improve the quality of public debates on taxation affairs. Amendment 27 Proposal for a directive Recital 39 (39)  In order to ensure compliance with the Directive 2011/16/EU, Member States should lay down the rules on penalties and other compliance measures that should be effective, proportionate and dissuasive. Each Member State should apply those rules in accordance with their national laws and the provisions set forth in this Directive. (39)  In order to ensure a proper enforcement of the rules under this Directive, Member States should lay down the rules on penalties, applicable to infringements of national provisions on mandatory exchange of information reported by crypto-asset service providers, that should be effective, proportionate and dissuasive. When doing so, Member States should ensure that they correctly identify the party at fault for each infringement. Member States should introduce a temporary penalty reduction regime for at least three years for SMEs regarding Article 8ad. Amendment 28 Proposal for a directive Recital 40 (40)  To guarantee an adequate level of effectiveness in all Member States, minimum levels of penalties should be established in relation to two conducts that are considered grievous: namely failure to report after two administrative reminders and when the provided information contains incomplete, incorrect or false data, which substantially affects the integrity and reliability of the reported information. Incomplete, incorrect or false data substantially affect the integrity and reliability of the reported information when they amount to more than 25 % of the total data that the taxpayer or reporting entity should have correctly reported in accordance with the required information set forth in Annex VI, Section II, subparagraph (B). These minimum amounts of penalties should not prevent Member States from applying more stringent sanctions for these two types of infringements. Member States still have to apply effective, dissuasive and proportional penalties for other types of infringements. (40)  To guarantee an adequate level of effectiveness in all Member States while implementing Council Directive 2014/107/EU and Council Directive (EU) 2016/881 most particularly, minimum levels of penalties should be established in relation to two conducts that are considered grievous: namely failure to report after two administrative reminders and when the provided information contains incomplete, incorrect or false data, which substantially affects the integrity and reliability of the reported information. Incomplete, incorrect or false data substantially affect the integrity and reliability of the reported information when they amount to more than 25 % of the total data that the taxpayer or reporting entity should have correctly reported in accordance with the required information set forth in the Annexes. These minimum amounts of penalties should not prevent Member States from applying more stringent penalties for these two types of infringements. Member States still have to apply effective, dissuasive and proportional penalties for other types of infringements. Amendment 29 Proposal for a directive Recital 42 a (new) (42a)  Following the judgment of the Court of Justice of the European Union in Case C-694/20, Directive 2011/16/EU should be amended in such a manner that its provisions do not have the effect of requiring lawyers acting as intermediaries, where they are exempt from the reporting obligation on account of the legal professional privilege by which they are bound, to notify any other intermediaries who are not their clients of those intermediaries’s reporting obligations while preserving the obligation of intermediaries to notify without delay their clients of their reporting obligations. Amendment 30 Proposal for a directive Recital 44 a (new) (44a)  International data exchange for tax purposes constitutes a necessary instrument to fight tax fraud in a globalised world. The processing of personal data for the purposes of the exchange of tax relevant information with third countries, based on an international agreement, should therefore be considered to be of public interest. Amendment 31 Proposal for a directive Recital 44 b (new) (44b)  The successive revisions of the Union legislative framework on exchange of information should be reflected in the agreements with third countries. Therefore, where there is a signed agreement, reviews should be envisaged. Amendment 32 Proposal for a directive Article 1 – paragraph 1 – point 1 – point a – point i Directive 2011/16/EU Article 3 – point 9 – point a (a)  for the purposes of Article 8(1) and Articles 8a to 8ad, the systematic communication of predefined information to another Member State, without prior request, at pre-established regular intervals. For the purposes of Article 8(1), reference to available information relates to information in the tax files of the Member State communicating the information, which is retrievable in accordance with the procedures for gathering and processing information in that Member State; (a)  for the purposes of Article 8(1) and Articles 8a to 8ad, the systematic communication of predefined and new information to another Member State, without prior request, at pre-established regular intervals. For the purposes of Article 8(1), reference to available information relates to information in the tax files of the Member State communicating the information, which is retrievable in accordance with the procedures for gathering and processing information in that Member State; Amendment 33 Proposal for a directive Article 1 – paragraph 1 – point 1 – point a a (new) Directive 2011/16/EU Article 3 – point 14 (aa)   point (14) is amended as follows: 14.  “advance cross-border ruling” means any agreement, communication, or any other instrument or action with similar effects, including one issued, amended or renewed in the context of a tax audit, and which meets the following conditions: “14. “advance ruling” means any agreement, communication, or any other instrument or action with similar effects, including one issued, amended or renewed in the context of a tax audit, and, irrespective of its formal, informal, legally binding or non-binding nature, which meets the following conditions: (a)  is issued, amended or renewed by, or on behalf of, the government or the tax authority of a Member State, or the Member State’s territorial or administrative subdivisions, including local authorities, irrespective of whether it is effectively used; (a)  is issued, amended or renewed by, or on behalf of, the government or the tax authority of a Member State, or the Member State’s territorial or administrative subdivisions, including local authorities, irrespective of whether it is effectively used; (b)  is issued, amended or renewed, to a particular person or a group of persons, and upon which that person or a group of persons is entitled to rely; (b)  is issued, amended or renewed, to a particular person or a group of persons, and upon which that person or a group of persons is entitled to rely; (c)  concerns the interpretation or application of a legal or administrative provision concerning the administration or enforcement of national laws relating to taxes of the Member State, or the Member State’s territorial or administrative subdivisions, including local authorities; (c)  concerns the interpretation or application of a legal or administrative provision concerning the administration or enforcement of national laws relating to taxes of the Member State, or the Member State’s territorial or administrative subdivisions, including local authorities; (d)  relates to a cross-border transaction or to the question of whether or not activities carried on by a person in another jurisdiction create a permanent establishment; and (e)  is made in advance of the transactions or of the activities in another jurisdiction potentially creating a permanent establishment or in advance of the filing of a tax return covering the period in which the transaction or series of transactions or activities took place. The cross-border transaction may involve, but is not restricted to, the making of investments, the provision of goods, services, finance or the use of tangible or intangible assets and does not have to directly involve the person receiving the advance cross-border ruling; (e)  is made in advance of the transactions or of the activities in another jurisdiction potentially creating a permanent establishment or in advance of the filing of a tax return covering the period in which the transaction or series of transactions or activities took place. The transaction may involve, but is not restricted to, the making of investments, the provision of goods, services, finance or the use of tangible or intangible assets and does not have to directly involve the person receiving the advance ruling;” (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.) Amendment 34 Proposal for a directive Article 1 – paragraph 1 – point 1 – point a b (new) Directive 2011/16/EU Article 3 – point 16 (ab)   point (16) is deleted. Amendment 35 Proposal for a directive Article 1 – paragraph 1 – point 1 – point b Directive 2011/16/EU Article 3 – point 33 33.  ‘home Member State’ means home Member State as defined in Regulation XXX. 33.  ‘home Member State’ means home Member State as defined in Article 3(1), point (33), of Regulation (EU) 2023/1114. Amendment 36 Proposal for a directive Article 1 – paragraph 1 – point 1 – point b Directive 2011/16/EU Article 3 – point 34 34.  ‘distributed ledger address’ means distributed ledger address as defined in Regulation XXX. 34.  ‘distributed ledger address’ means distributed ledger address as defined in Article 3(1), point (18), of Regulation (EU) 2023/1113. Amendment 37 Proposal for a directive Article 1 – paragraph 1 – point 1 – point b Directive 2011/16/EU Article 3 – point 34 a (new) 34a.   ‘beneficial owner’ means beneficial owner as defined in Article 2(1), point (22), of a proposal for a Regulation of the European Parliament and of the Council on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing. Amendment 38 Proposal for a directive Article 1 – paragraph 1 – point 1 – point b Directive 2011/16/EU Article 3 – point 34 b (new) 34b.  'Crypto-Asset Service Provider' means Crypto-Asset Service Provider as defined in Article 3(1), point (15), of Regulation (EU) 2023/1114. Amendment 39 Proposal for a directive Article 1 – paragraph 1 – point 1 – point b Directive 2011/16/EU Article 3 – point 34 c (new) 34c.  ‘Crypto-Asset Operator’ means a provider of Crypto-Asset Services other than a Crypto-Asset Service Provider. Amendment 40 Proposal for a directive Article 1 – paragraph 1 – point 1 a (new) Directive 2011/16/EU Article 7 – paragraph 4 a (new) (1a)   in Article 7, the following paragraph is inserted: “4a. Where upon the receipt of the requested information, the requesting authority submits a follow-up request, the requested authority shall provide that further required information as soon as possible, and no later than three months after the date of receipt of the follow-up request.” Amendment 41 Proposal for a directive Article 1 – paragraph 1 – point 2 – point a – point i Directive 2011/16/EU Article 8 – paragraph 1 – subparagraph 1 – point e (e)  ownership of and income from immovable property; (e)  ownership, income and capital gains from immovable property; Amendment 42 Proposal for a directive Article 1 – paragraph 1 – point 2 – point b a (new) Directive 2011/16/EU Article 8 – paragraph 2 a (new) (ba)  In paragraph 2, the following subparagraph is added : “Automatic exchange of information shall be deemed to be complied with as regards paragraph 1, first subparagraph, point (e), where competent authorities of any other Member States can access such information either through the national registries or data retrieval systems or interconnected registries as provided for in a proposal for a directive of the European Parliament and of the Council on the mechanisms to be put in place by the Member States for the prevention of the use of the financial system for the purposes of money laundering or terrorist financing and repealing Directive (EU) 2015/849.” Amendment 43 Proposal for a directive Article 1 – paragraph 1 – point 2 – point b b (new) Directive 2011/16/EU Article 8 – paragraph 3 (bb)  paragraph 3 is replaced by the following: 3.  The competent authority of a Member State may indicate to the competent authority of any other Member State that it does not wish to receive information on one or several of the categories of income and capital referred to in paragraph 1. It shall also inform the Commission thereof. ‘3. The competent authority of a Member State may indicate to the competent authority of any other Member State that it does not wish to receive information on one or several of the categories of income and capital referred to in paragraph 1. It shall justify its decision and inform the Commission thereof.’ Amendment 44 Proposal for a directive Article 1 – paragraph 1 – point 2 – point b c (new) Directive 2011/16/EU Article 8 – paragraph 3a – subparagraph 2 – point a (bc)  in paragraph 3a, second subparagraph, point a is replaced by the following: (a)  the name, address, TIN(s) and date and place of birth (in the case of an individual) of each Reportable Person that is an Account Holder of the account and, in the case of any Entity that is an Account Holder and that, after application of due diligence rules consistent with the Annexes, is identified as having one or more Controlling Persons that is a Reportable Person, the name, address, and TIN(s) of the Entity and the name, address, TIN(s) and date and place of birth of each Reportable Person; “(a) the name, address, TIN(s) and date and place of birth (in the case of an individual) of each Reportable Person that is an Account Holder of the account and, in the case of any Entity that is the ultimate beneficial Account Holder and that, after application of due diligence rules consistent with the Annexes, is identified as having one or more Controlling Persons that is a Reportable Person, the name, address, and TIN(s) of the Entity and the name, address, TIN(s) and date and place of birth of each Reportable Person;” Amendment 45 Proposal for a directive Article 1 – paragraph 1 – point 3 – point -a (new) Directive 2011/16/EU Article 8a – title (-a)  the title is replaced by the following: Scope and conditions of mandatory automatic exchange of information on advance cross-border rulings and advance pricing arrangements “Scope and conditions of mandatory automatic exchange of information on advance rulings and advance pricing arrangements” (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout). Amendment 46 Proposal for a directive Article 1 – paragraph 1 – point 3 – point a Directive 2011/16/EU Article 8a – paragraph 1 – subparagraph 1 a (new) The competent authority of a Member State where an advance cross-border ruling for a high net worth individual was issued, amended or renewed after 31 December 2023 shall, by automatic exchange, communicate information thereon to the competent authorities of all other Member States, with the limitation of cases set out in paragraph 8 of this Article, in accordance with applicable practical arrangements adopted pursuant to Article 21. The competent authority of a Member State where an advance ruling for a high net worth individual was issued, amended or renewed after 31 December 2023 shall, by automatic exchange, communicate information thereon to the competent authorities of all other Member States, with the limitation of cases set out in paragraph 8 of this Article, in accordance with applicable practical arrangements adopted pursuant to Article 21. Amendment 47 Proposal for a directive Article 1 – paragraph 1 – point 3 – point b – point i Directive 2011/16/EU Article 8a – paragraph 2 – subparagraph 1 The competent authority of a Member State shall, in accordance with applicable practical arrangements adopted pursuant to Article 21, also communicate information to the competent authorities of all other Member States as well as to the Commission, with the limitation of cases set out in paragraph 8 of this Article, on advance cross-border rulings and advance pricing arrangements issued, amended or renewed within a period beginning 5 years before 1 January 2017 and on advance cross-border rulings for high net worth individuals issued, amended or renewed within a period beginning 5 years before 1 January 2026. The competent authority of a Member State shall, in accordance with applicable practical arrangements adopted pursuant to Article 21, also communicate information to the competent authorities of all other Member States as well as to the Commission, with the limitation of cases set out in paragraph 8 of this Article, on advance rulings and advance pricing arrangements issued, amended or renewed within a period beginning 5 years before 1 January 2017 and on advance rulings for high net worth individuals issued, amended or renewed within a period beginning 5 years before 1 January 2024. Amendment 48 Proposal for a directive Article 1 – paragraph 1 – point 3 – point b – point ii Directive 2011/16/EU Article 8a – paragraph 2 – subparagraph 3 a (new) Where advance cross-border rulings for high net worth individuals are issued, amended or renewed between 1 January 2020 and 31 December 2025, such communication shall take place under the condition that they were still valid on 1 January 2026. Where advance rulings for high net worth individuals are issued, amended or renewed between 1 January 2018 and 31 December 2023, such communication shall take place under the condition that they were still valid on 1 January 2026. Amendment 49 Proposal for a directive Article 1 – paragraph 1 – point 3 – point b – point ii a (new) Directive 2011/16/EU Article 8a – paragraph 2 – subparagraph 4 (iia)   the fourth subparagraph is deleted. Amendment 50 Proposal for a directive Article 1 – paragraph 1 – point 3 – point b a (new) Directive 2011/16/EU Article 8a – paragraph 3 – subparagraph 2 a (new) (ba)  in paragraph 3, the following subparagraph is added: “The competent authority shall not negotiate and agree new cross-border bilateral or multilateral advance pricing arrangements with third countries that do not permit their disclosure to competent authorities of other Member States as from 1 January 2026.” Amendment 51 Proposal for a directive Article 1 – paragraph 1 – point 3 – point d – point i a (new) Directive 2011/16/EU Article 8a – paragraph 6 – point b (ia)  point b is replaced by the following: (b)  a summary of the advance cross-border ruling or advance pricing arrangement, including a description of the relevant business activities or transactions or series of transactions and any other information that could assist the competent authority in assessing a potential tax risk, without leading to the disclosure of a commercial, industrial or professional secret or of a commercial process, or of information whose disclosure would be contrary to public policy; “(b) a summary of the advance ruling or advance pricing arrangement, including a description of the relevant business activities or transactions or series of transactions, all relevant direct and indirect tax implications such as the effective tax rates, and any other information that could assist the competent authority in assessing a potential tax risk, but omitting information that could lead to the disclosure of a commercial, industrial or professional secret or of a commercial process, or of information whose disclosure would be contrary to public policy;” Amendment 52 Proposal for a directive Article 1 – paragraph 1 – point 3 a (new) Directive 2011/16/EU Article 8aa – paragraph 2 (3a)  in Article 8aa, paragraph 2 is replaced by the following: 2.  The competent authority of a Member State where the country-by- country report was received pursuant to paragraph 1 shall, by means of automatic exchange and within the deadline laid down in paragraph 4, communicate the country-by-country report to any other Member State in which, on the basis of the information in the country-by-country report, one or more Constituent Entities of the MNE Group of the Reporting Entity are either resident for tax purposes or subject to tax with respect to the business carried out through a permanent establishment. “2. The competent authority of a Member State where the country-by- country report was received pursuant to paragraph 1 shall, by means of automatic exchange and within the deadline laid down in paragraph 4, communicate the country-by-country report to any other Member State in which, on the basis of the information in the country-by-country report, one or more Constituent Entities of the MNE Group of the Reporting Entity are either resident for tax purposes or subject to tax with respect to the business carried out through a permanent establishment. The competent authority of the Member State where the country-by-country report was received pursuant to paragraph 1 shall also communicate that report to the competent services of the Commission, which is responsible for the centralised register of country-by-country reports. The Commission shall publish anonymised and aggregated country-by-country report statistics on an annual basis for all Member States.” Amendment 53 Proposal for a directive Article 1 – paragraph 1 – point 3 b (new) Directive 2011/16/EU Article 8ab – paragraph 5 – subparagraph 1 (3b)  in Article 8ab, paragraph 5, the first subparagraph, is replaced by the following: 5.  Each Member State may take the necessary measures to give intermediaries the right to a waiver from filing information on a reportable cross-border arrangement where the reporting obligation would breach the legal professional privilege under the national law of that Member State. In such circumstances, each Member State shall take the necessary measures to require intermediaries to notify, without delay, any other intermediary or, if there is no such intermediary, the relevant taxpayer of their reporting obligations under paragraph 6. "5. Each Member State may take the necessary measures to give intermediaries the right to a waiver from filing information on a reportable cross-border arrangement where the reporting obligation would breach the legal professional privilege under the national law of that Member State. In such circumstances, each Member State shall take the necessary measures to require any intermediary who has been granted a waiver to notify, without delay, his or her client, if that client is an intermediary or, if there is no such intermediary, if that client is the relevant taxpayer, of their reporting obligations under paragraph 6. " Amendment 54 Proposal for a directive Article 1 – paragraph 1 – point 4 Directive 2011/16/EU Article 8ab – paragraph 14 – point c (c)  a summary of the content of the reportable cross-border arrangement, including a reference to the name by which it is commonly known, if any, and a description of the relevant arrangements and any other information that could assist the competent authority in assessing a potential tax risk, without leading to the disclosure of a commercial, industrial or professional secret or of a commercial process, or of information whose disclosure would be contrary to public policy; (c)  a summary of the content of the reportable arrangement, including a reference to the name by which it is commonly known, if any, and a description of the relevant arrangements, the expected impact on the effective tax rate of the tax payer in the requested Member State and any other information that could assist the competent authority in assessing a potential tax risk, but omitting information that could lead to the disclosure of a commercial, industrial or professional secret or of a commercial process, or of information disclosure of which would be contrary to public policy; Amendment 55 Proposal for a directive Article 1 – paragraph 1 – point 4 a (new) Directive 2011/16/EU Article 8ab – paragraph 14 – point h a (new) (4a)  in Article 8ab, paragraph 14, the following point is added: “(ha) the list of beneficiaries, updated on a yearly basis.” Amendment 56 Proposal for a directive Article 1 – paragraph 1 – point 6 Directive 2011/16/EU Article 8ad – paragraph 1 1.  Each Member State shall take the necessary measures to require Reporting Crypto-Asset Service Providers to carry out the due diligence procedures and fulfil reporting requirements laid down in Sections II and III of Annex VI. Each Member State shall also ensure the effective implementation of, and compliance with, such measures in accordance with Section V of Annex VI. 1.  Each Member State shall take the adequate measures to require Reporting Crypto-Asset Service Providers to carry out the due diligence procedures and fulfil reporting requirements laid down in Sections II and III of Annex VI. Each Member State shall also ensure the effective implementation of, and compliance with, such measures in accordance with Section V of Annex VI. Amendment 57 Proposal for a directive Article 1 – paragraph 1 – point 6 Directive 2011/16/EU Article 8ad – paragraph 3 – point c – point i (i)  the aggregate fair market value, as well as the number of units value of Transfers effectuated by the Reporting Crypto-Asset Service Provider to distributed ledger addresses as defined in Regulation XXX not known to be associated with a virtual asset service provider or financial institution. (i)  the aggregate fair market value, as well as the number of units value of Transfers effectuated by the Reporting Crypto-Asset Service Provider to distributed ledger addresses as defined in Article 3(1), point (18), of Regulation (EU) 2023/1113. Amendment 58 Proposal for a directive Article 1 – paragraph 1 – point 6 Directive 2011/16/EU Article 8ad – paragraph 3 – subparagraph 3 For the purposes of points (d) to (h) of this point, the fair market value shall be determined and reported in a single Fiat Currency, valued at the time of each Reportable Transaction in a manner that is consistently applied by the Reporting Crypto-Asset Service Provider. For the purposes of points (d) to (h) of this point, the fair market value shall be determined and reported in a single Fiat Currency, valued at the time of each Reportable Transaction in a manner that is consistently applied by the Reporting Crypto-Asset Service Provider. The Commission, after consulting the Expert Group on Administrative cooperation in the field of direct taxation, shall issues guidelines on fair market valuation. Amendment 59 Proposal for a directive Article 1 – paragraph 1 – point 6 Directive 2011/16/EU Article 8ad – paragraph 4 a (new) 4a.  The Commission shall not have access to information referred to in paragraph 3, points (a) and (b). Amendment 60 Proposal for a directive Article 1 – paragraph 1 – point 6 Directive 2011/16/EU Article 8ad – paragraph 5 5.  The communication pursuant to paragraph 3 of this Article shall take place using the standard computerised format referred to in Article 20(5) within 2 months following the end of the calendar year to which the reporting requirements applicable to Reporting Crypto-Asset Service Providers relate. The first information shall be communicated for the relevant calendar year or other appropriate reporting period as from 1 January 2027. 5.  The communication pursuant to paragraph 3 of this Article shall take place using the standard computerised format referred to in Article 20(5) within 3 months following the end of the calendar year to which the reporting requirements applicable to Reporting Crypto-Asset Service Providers relate. The first information shall be communicated for the relevant calendar year or other appropriate reporting period as from 1 January 2027. Amendment 61 Proposal for a directive Article 1 – paragraph 1 – point 6 Directive 2011/16/EU Article 8ad – paragraph 6 6.  Notwithstanding paragraph 3, it is not necessary to report the information in relation to a Crypto-Asset User where the Reporting Crypto-Asset Service Provider has obtained adequate assurances that another Reporting Crypto-Asset Service Provider fulfils all reporting requirements of this Article in respect of that Crypto-Asset User. deleted Amendment 62 Proposal for a directive Article 1 – paragraph 1 – point 6 Directive 2011/16/EU Article 8ad – paragraph 7 – subparagraph 1 For the purpose of complying with the reporting requirements referred to in paragraph 1 of this Article, each Member State shall lay down the necessary rules to require a Crypto-Asset Operator to register within the Union. The competent authority of the Member State of registration shall allocate an individual identification number to such Crypto-Asset Operator. For the purpose of complying with the reporting requirements referred to in paragraph 1 of this Article, each Member State shall lay down the adequate rules to require a Crypto-Asset Operator to register within the Union. The competent authority of the Member State of registration shall allocate an individual identification number to such Crypto-Asset Operator. Amendment 63 Proposal for a directive Article 1 – paragraph 1 – point 6 Directive 2011/16/EU Article 8ad – paragraph 11 – subparagraph 1 The Commission shall, by means of implementing acts, following a reasoned request by any Member State or on its own initiative, determine whether the information that is required to be automatically exchanged pursuant to an agreement between competent authorities of the Member State concerned and a non-Union jurisdiction is correspondent to that specified in Section II, paragraph B, of Annex VI, within the meaning of Section IV, subparagraph F(5), of Annex VI. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 26(2). The Commission shall, by means of implementing acts, following a reasoned request by any Member State or on its own initiative, determine whether the information that is required to be automatically exchanged pursuant to an agreement between competent authorities of the Member State concerned and a non-Union jurisdiction is correspondent to that specified in Section II, paragraph B, of Annex VI, within the meaning of Section IV, subparagraph F(5), of Annex VI. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 26(2), without undue delay. Amendment 64 Proposal for a directive Article 1 – paragraph 1 – point 6 Directive 2011/16/EU Article 8ad – paragraph 11 a (new) 11a.  Paragraph 11 shall not apply if the non-Union jurisdiction is currently listed in Annex I or II of the EU list of non-cooperative jurisdictions for tax purposes, or identified in the list of third countries which have strategic deficiencies in their AML/CFT regimes, or if it has been part of either in the previous 12 months. Furthermore, any future listing in Annex I or Annex II of the EU list of non-cooperative jurisdictions for tax purposes or identification as a third country which has strategic deficiencies in its AML/CFT regime shall suspend the effect of any existing implementing acts regarding that specific jurisdiction. Amendment 65 Proposal for a directive Article 1 – paragraph 1 – point 6 a (new) Directive 2011/16/EU Article 8b – paragraph 1 (6a)  in Article 8b, paragraph 1 is replaced by the following: 1.  Member States shall provide the Commission on an annual basis with statistics on the volume of automatic exchanges under Articles 8(1), 8(3a), 8aa and 8ac and with information on the administrative and other relevant costs and benefits relating to exchanges that have taken place and any potential changes, for both tax administrations and third parties. “1. Member States shall provide the Commission on an annual basis with all relevant material information, including statistics on the volume of automatic exchanges as well as an assessment of the usability of the data being exchanged under Articles 8(1), 8(3a), 8aa, 8ac and 8ad and with information on the administrative and other relevant costs and benefits relating to exchanges that have taken place and any potential changes, for both tax administrations and third parties.” Amendment 66 Proposal for a directive Article 1 – paragraph 1 – point 6 b (new) Directive 2011/16/EU Article 11 – paragraph 1 – subparagraph 2 a (new) (6b)  in Article 11(1), the following subparagraph is inserted: “In cases where a reasoned refusal is provided, the requesting authority may contact the competent authority again with additional elements, in order to obtain an authorisation for its official to carry out the tasks referred to in paragraph 1, point (a), (b) or (c). The competent authority shall respond to that second request within 30 days of its receipt.” Amendment 67 Proposal for a directive Article 1 – paragraph 1 – point 6 c – point a (new) Directive 2011/16/EU Article 12a – paragraph 1 (6c)  Article 12a is amended as follows: (a)  paragraph 1 is replaced by the following: 1.  The competent authority of one or more Member States may request the competent authority of another Member State (or other Member States) to conduct a joint audit. The requested competent authorities shall respond to the request for a joint audit within 60 days of the receipt of the request. The requested competent authorities may reject a request for a joint audit by the competent authority of a Member State on justified grounds. “1. The competent authority of one or more Member States may request the competent authority of another Member State (or other Member States) to conduct a joint audit. The requested competent authorities shall respond to the request for a joint audit within 60 days of the receipt of the request.“ Amendment 68 Proposal for a directive Article 1 – paragraph 1 – point 6 c – point b (new) Directive 2011/16/EU Article 12a – paragraph 1 a (new) (b)  the following paragraph is inserted: “1a. A request for a joint audit by a competent authority of a Member State may be rejected for any of the following reasons: (a)  the requested joint audit would involve carrying out enquiries or communicating information in breach of the legislation of the requested Member State; (b)  the requesting authority is unable, for legal reasons, to communicate information similar to what the requested Member State would be expected to provide during the joint audit. Where a requested authority rejects the request, it shall inform the requestor of which of the two grounds referred to in the first subparagraph formed the basis of that rejection.” Amendment 69 Proposal for a directive Article 1 – paragraph 1 – point 7 – point a Directive 2011/16/EU Article 16 – paragraph 1 – subparagraph 1 Information communicated between Member States in any form pursuant to this Directive shall be covered by the obligation of official secrecy and enjoy the protection extended to similar information under the national law of the Member State which received it. Such information may be used for the assessment, administration, and enforcement of the national law of Member States concerning the taxes referred to in Article 2 as well as VAT, other indirect taxes, customs duties and anti-money laundering and countering the financing of terrorism. Information communicated between Member States in any form pursuant to this Directive shall be covered by the obligation of official secrecy and enjoy the protection extended to similar information under the national law of the Member State which received it. Such information may be used for the assessment, administration, and enforcement of the national law of Member States concerning the taxes referred to in Article 2 as well as VAT, other indirect taxes, customs duties, anti-money laundering and associated predicate offences, countering the financing of terrorism and targeted financial penalties. Amendment 70 Proposal for a directive Article 1 – paragraph 1 – point 7 – point b Directive 2011/16/EU Article 16 – paragraph 2 – subparagraph 1 With the permission of the competent authority of the Member State communicating information pursuant to this Directive, and only in so far as this is allowed under the legislation of the Member State of the competent authority receiving the information, information and documents received pursuant to this Directive may be used for other purposes than those referred to in paragraph 1. In so far as this is allowed under the legislation of the Member State of the competent authority receiving the information, information and documents received pursuant to this Directive may be used for other purposes than those referred to in paragraph 1. Such permission shall be granted directly if the information can be used for similar purposes in the Member State of the competent authority communicating the information. Amendment 71 Proposal for a directive Article 1 – paragraph 1 – point 7 – point c Directive 2011/16/EU Article 16 – paragraph 7 7.  The competent authority of each Member State shall put in place an effective mechanism to ensure the assessment of data acquired through the reporting or the exchange of information under Articles 8 to 8ad within the scope of this Directive. 7.  The competent authority of each Member State shall put in place an effective mechanism to ensure the use and assessment of the quality and completeness of data acquired and shared through the reporting or the exchange of information under Articles 8 to 8ad within the scope of this Directive as well as procedures for the systematic risk analysis of this information and for the systematic analysis of unmatched information exchanged pursuant to Articles 5 and 8. Amendment 72 Proposal for a directive Article 1 – paragraph 1 – point 7 a (new) Directive 2011/16/EU Article 17 – paragraph 4 a (new) (7a)  in Article 17, the following paragraph is inserted: “4a. The possibility referred to in paragraph 4 of refusing the provision of information shall not apply if the requesting authority is able to demonstrate that the information will not be disclosed to the public and will only be used for the purpose of the assessment, management and control of the relevant tax affairs of the person or group of persons concerned by the request for information.” Amendment 73 Proposal for a directive Article 1 – paragraph 1 – point 9 a (new) Directive 2011/16/EU Article 23 – paragraph 2 (9a)  In Article 23, paragraph 2 is replaced by the following: 2.  Member States shall communicate to the Commission any relevant information necessary for the evaluation of the effectiveness of administrative cooperation in accordance with this Directive in combating tax evasion and tax avoidance. “2. Member States shall communicate to the Commission any relevant information necessary for the evaluation of the effectiveness of administrative cooperation in accordance with this Directive in combating tax evasion and tax avoidance and they shall examine and evaluate the compliance costs that can result from a possible over-reporting situation. Member States shall communicate on an annual basis the results of their evaluation to the European Parliament and the Commission. A summary of those results shall be made public, taking into account taxpayers’ rights and confidentiality. The information shall not be disaggregated to such a level that it can be attributed to a single taxpayer.” Amendment 74 Proposal for a directive Article 1 – paragraph 1 – point 11 Directive 2011/16/EU Article 23 – paragraph 3 3.  Member States shall communicate to the Commission a yearly assessment of the effectiveness of the automatic exchange of information referred to in Articles Articles 8, 8a, 8aa and 8ab as well as the practical results achieved. The Commission shall, by means of implementing acts, adopt the form and the conditions of communication for that yearly assessment. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 26(2). 3.  Member States shall communicate to the Commission a yearly assessment of the effectiveness of the exchange of information on request referred to in Articles 5, 6 and 7 and of the automatic exchange of information referred to in Articles 8 to 8ad, the degree of cooperation with third countries, as well as the practical results achieved, including the incremental tax revenues associated and illicit practices identified with administrative cooperation. The information communicated shall be disaggregated by the Commission, as a minimum to a country-by-country level. The Commission shall, by means of implementing acts, adopt the form and the conditions of communication for that yearly assessment. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 26(2). Amendment 75 Proposal for a directive Article 1 – paragraph 1 – point 11 a – point a (new) Directive 2011/16/EU Article 23a – paragraph 1 (11a)  Article 23a is amended as follows: (a)  paragraph 1 is replaced by the following: 1.  Information communicated to the Commission pursuant to this Directive shall be kept confidential by the Commission in accordance with the provisions applicable to Union authorities and may not be used for any purposes other than those required to determine whether and to what extent Member States comply with this Directive. “1. Information communicated to the Commission pursuant to this Directive shall be kept confidential, insofar, as its non-disclosure does not harm public interest, the information can be attributed to a single taxpayer and its disclosure would infringe taxpayers’ rights.” Amendment 76 Proposal for a directive Article 1 – paragraph 1 – point 11 a – point b (new) Directive 2011/16/EU Article 23a – paragraph 2 (b)  paragraph 2 is replaced by the following 2.  Information communicated to the Commission by a Member State under Article 23, as well as any report or document produced by the Commission using such information, may be transmitted to other Member States. Such transmitted information shall be covered by the obligation of official secrecy and enjoy the protection extended to similar information under the national law of the Member State which received it. "2. Information communicated to the Commission by a Member State under Article 23, as well as any report or document produced by the Commission using such attributable information, may be transmitted to other Member States. Such transmitted information shall be covered by the obligation of official secrecy and enjoy the protection extended to similar information under the national law of the Member State which received it. Reports and documents produced by the Commission, referred to in the first subparagraph, may be used by Member States only for analytical purposes, and shall not be published or made available to any other person or body without the express agreement of the Commission. Reports and documents produced by the Commission, referred to in the first subparagraph, may be used by Member States only for analytical purposes. Notwithstanding the first and second subparagraphs, the Commission may publish annually anonymised summaries of the statistical data that Member States communicate to it in accordance with Article 23(4). Notwithstanding the first and second subparagraphs, the Commission shall publish annually anonymised summaries of the statistical data that Member States communicate to it in accordance with Article 23(4). Amendment 77 Proposal for a directive Article 1 – paragraph 1 – point 13 Directive 2011/16/EU Article 25a – paragraph 1 1.  Member States shall lay down rules on penalties applicable to infringements of national provisions adopted pursuant to this Directive and concerning Article 8(3a), Articles 8aa to 8ad and shall take all necessary measures to ensure that they are implemented and enforced. Penalties and compliance measures provided for shall be effective, proportionate and dissuasive. 1.  Member States shall lay down rules on penalties applicable to infringements of national provisions adopted pursuant to this Directive and concerning Article 8(3a), Articles 8aa to 8ad and shall take all necessary measures to ensure that they are implemented and enforced. Penalties and compliance measures provided for shall be effective, proportionate and dissuasive. Member States shall ensure that penalties are enforced against the parties actually at fault. Amendment 78 Proposal for a directive Article 1 – paragraph 1 – point 13 Directive 2011/16/EU Article 25a – paragraph 1 a (new) 1a.  Where a Member State provides for penalties exceeding EUR 150 000, it shall establish a temporary penalty reduction regime for 3 years for SMEs with regard to Article 8ad. Amendment 79 Proposal for a directive Article 1 – paragraph 1 – point 13 Directive 2011/16/EU Article 25a – paragraph 2 – subparagraph 2 – point c (c)  authority to exercise control within the legal person. deleted Amendment 80 Proposal for a directive Article 1 – paragraph 1 – point 13 Directive 2011/16/EU Article 25a – paragraph 3 – subparagraph 1 In cases of failure to report after 2 administrative reminders or when the provided information contains incomplete, incorrect or false data, amounting to more than 25 % of the information that should have been reported in accordance with the information set forth in Annex VI, Section II, subparagraph (B), Member States shall ensure that the penalties that can be applied include at least the following minimum pecuniary penalties. In cases of failure to report after 2 administrative reminders or when the provided information contains incomplete, incorrect or false data, amounting to more than 25 % of the information that should have been reported in accordance with the information set forth in the Annexes, Member States shall ensure that the penalties that can be applied include at least the following minimum pecuniary penalties. Amendment 81 Proposal for a directive Article 1 – paragraph 1 – point 13 Directive 2011/16/EU Article 25a – paragraph 3 – subparagraph 1 – point c (c)  in case of non-compliance with national provisions adopted in order to comply with Article 8ab, the minimum pecuniary penalty shall be not less than EUR 50 000 when the annual turnover of the intermediary or relevant taxpayer is below EUR 6 million and EUR 150 000 when the turnover is EUR 6 million or above; the minimum pecuniary penalty shall be not less than EUR 20 000 when the intermediary or the relevant taxpayer is a natural person; deleted Amendment 82 Proposal for a directive Article 1 – paragraph 1 – point 13 Directive 2011/16/EU Article 25a – paragraph 3 – subparagraph 1 – point d (d)  in case of non-compliance with national provisions adopted in order to comply with Article 8ac, the minimum pecuniary penalty shall be not less than EUR 50 000 when the annual turnover of the Reporting Platform Operator is below EUR 6 million and EUR 150 000 when the turnover is EUR 6 million or above, the minimum pecuniary penalty shall be not less than EUR 20 000 when the Reporting Platform Operator is a natural person; deleted Amendment 83 Proposal for a directive Article 1 – paragraph 1 – point 13 Directive 2011/16/EU Article 25a – paragraph 3 – subparagraph 1 – point e (e)  in case of non-compliance with national provisions adopted in order to comply with Article 8ad, the minimum pecuniary penalty shall be not less than EUR 50 000 when the annual turnover of the Reporting Crypto-Asset Service Provider is below EUR 6 million and EUR 150 000 when the turnover is EUR 6 million or above, the minimum pecuniary penalty shall be not less than EUR 20 000 when the Reporting Crypto-Asset Service Provider is a natural person. deleted Amendment 84 Proposal for a directive Article 1 – paragraph 1 – point 13 Council Directive 2011/16/EU Article 25a – paragraph 3 – subparagraph 1 a (new) The penalties established in this paragraph shall not exceed 1 % of the global turnover of the person required to report. Amendment 85 Proposal for a directive Article 1 – paragraph 1 – point 13 Directive 2011/16/EU Art 25a – paragraph 3 – subparagraph 2 The Commission shall evaluate the appropriateness of the amounts provided in this paragraph (d) in the report referred to in Article 27 (1). By ... [one year after the date of application of this Directive], the Commission shall evaluate the appropriateness and proportionality of the amounts provided in this paragraph. Amendment 86 Proposal for a directive Article 1 – paragraph 1 – point 13 a (new) Directive 2011/16/EU Article 27 – paragraph 1 (13a)  In Article 27 , paragraph 1 is replaced by the following: 1.  Every five years after 1 January 2013, the Commission shall submit a report on the application of this Directive to the European Parliament and to the Council. “1. Every five years after 1 January 2013, the Commission shall submit a report on the application of this Directive to the European Parliament and to the Council. The report shall, where appropriate, be accompanied by specific proposals, including legislative proposals, for the improvement of this Directive.” Amendment 87 Proposal for a directive Article 1 – paragraph 1 – point 14 Directive 2011/16/EU Article 27 – paragraph 2 2.  Member States shall monitor and assess in relation to their jurisdiction, the effectiveness of administrative cooperation in accordance with this Directive in combatting tax evasion and tax avoidance and shall communicate the results of their assessment to the Commission once a year. 2.  Member States shall monitor and assess in relation to their jurisdiction, the effectiveness of administrative cooperation in accordance with this Directive in combatting tax evasion and tax avoidance and shall communicate the results of their assessment to the European Parliament and to the Commission once a year. Amendment 88 Proposal for a directive Article 1 – paragraph 1 – point 14 Directive 2011/16/EU Article 27 – paragraph 2 – subparagraph 1 a (new) The Commission shall take into account such results of the assessment from Member States for the purpose of advancing with further legislative reviews to address persisting loopholes and weaknesses of this Directive. Amendment 89 Proposal for a directive Article 1 – paragraph 1 – point 14 a (new) Directive 2011/16/EU Article 27 – paragraph 2 a (new) (14a)  In Article 27, the following paragraph is inserted: “2a. For the purposes of paragraph 2 of this Article, the Commission shall adopt a common framework for measuring the impact and the costs and benefits of this Directive in accordance with the procedure referred to in Article 26(2).” Amendment 90 Proposal for a directive Article 1 – paragraph 1 – point 15 Directive 2011/16/EU Article 27c – paragraph 1 For taxable periods starting on or after 1 January 2026, Member States shall ensure that the TIN of reported individuals or entities issued by the Member State of residence is included in the communication of the information referred to in Article 8(1) and (3a), Article 8a(6), Article 8aa(3), Article 8ab(14), Article 8ac(2) and Article 8ad(3). The TIN shall be provided even when it is not specifically required by those Articles. For taxable periods starting on or after 1 January 2027, Member States shall ensure that the TIN of reported individuals or entities issued by the Member State of residence, where available, is included in the communication of the information referred to in Article 8(1) and (3a), Article 8a(6), Article 8aa(3), Article 8ab(14), Article 8ac(2) and Article 8ad(3). The TIN shall be provided even when it is not specifically required by those Articles. Amendment 91 Proposal for a directive Article 1 – paragraph 1 – point 15 Directive 2011/16/EU Article 27c – paragraph 2 a (new) By January 2026, the Commission shall assess whether it is desirable to introduce a European TIN. The Commission may submit, where appropriate, a legislative proposal to the European Parliament and the Council. Amendment 92 Proposal for a directive Article 1 – paragraph 1 – point 15 a (new) Directive 2011/16/EU Article 27d (new) (15a)  the following Article is inserted: “Article 27d Review By January 2026, the Commission shall assess whether further strengthening of the efficiency and functioning of the automatic exchange of information and raising the standard thereof is needed, with the aim of providing that: (a)  the categories of income laid down in Article 8(1) be extended to financial assets including currency-trading and non-financial assets such as real estate, art or jewellery and new forms to store wealth such as free ports and safe deposit boxes including the ultimate beneficial ownership data and capital against; (b)  the lists of items laid down in Article 8(3a) be extended to include the ultimate beneficial ownership data and to tackle circumvention through second or multiple tax residencies.” Amendment 93 Proposal for a directive Article 2 – paragraph 1 – subparagraph 1 Member States shall adopt and publish, by 31 December 2025 at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall immediately inform the Commission thereof. They shall forthwith communicate to the Commission the text of those provisions. Member States shall adopt and publish, by 31 December 2026 at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall immediately inform the Commission thereof. They shall forthwith communicate to the Commission the text of those provisions. Amendment 94 Proposal for a directive Article 2 – paragraph 1 – subparagraph 2 They shall apply those provisions from 1 January 2026. They shall apply those provisions from 1 January 2027. Amendment 95 Proposal for a directive Annex I – paragraph 1 – point 1 – point a – point i Directive 2011/16/EU ANNEX I – Section I – point A – paragraph 1 – point c (c)  whether the account is a joint account, including the number of joint Account Holders. (c)  whether the account is a joint account, including the number of joint Account Holders and the share of each Account Holder. Amendment 96 Proposal for a directive Annex I – paragraph 1 – point 1 – point a – point ii a (new) Directive 2011/16/EU ANNEX I – Section I – point A – subparagraph 7 a (new) (iia)  the following subparagraph is added: “7a. in the event that the Reporting Financial Institution has no account to be reported under this Directive, a nil return, including an explanation of why the financial institution is not reporting any information.” Amendment 97 Proposal for a directive Annex I – paragraph 1 – point 1 – point c a (new) Directive 2011/16/EU ANNEX I – Section I – point F a (new) (ca)  the following paragraph is added: “Fa. Each Non-Reporting Financial Institution shall submit to the competent authority of its Member State a nil return, including an explanation of why the financial institution is not reporting any information or information on which other financial institution is reporting on its behalf.” Amendment 98 Proposal for a directive Annex I – paragraph 1 – point 1 a – point a (new) Directive 2011/16/EU ANNEX I – Section V – point A (1a)  Section V is amended as follows: (a)  point A is deleted; Amendment 99 Proposal for a directive Annex I – paragraph 1 – point 1 a – point b (new) Directive 2011/16/EU ANNEX I – Section V – point B (b)  point B is replaced by the following: B.  Entity Accounts Subject to Review. A Pre-existing Entity Account that has an aggregate account balance or value that exceeds, as of 31 December 2015, an amount denominated in the domestic currency of each Member State that corresponds to USD 250 000, and a Pre-existing Entity Account that does not exceed, as of 31 December 2015, that amount but the aggregate account balance or value of which exceeds such amount as of the last day of any subsequent calendar year, must be reviewed in accordance with the procedures set forth in paragraph D. “B. Entity Accounts Subject to Review. A Pre-existing Entity Account shall be reviewed in accordance with the procedures set forth in paragraph D.” Amendment 100 Proposal for a directive Annex I – paragraph 1 – point 4 – point a Directive 2011/16/EU Annex 1 – Section VIII – point A– subparagraph 6 – point b (b)  the gross income of which is primarily attributable to investing, reinvesting, or trading in Financial Assets or Reportable Crypto-Assets, if the Entity is managed by another Entity that is a Depository Institution, a Custodial Institution, a Specified Insurance Company, Specified Insurance Company or an Investment Entity described in subparagraph A(6), point (a). (b)  the gross income of which is primarily attributable to investing, reinvesting, or trading in Financial Assets or Reportable Crypto-Assets, if the Entity is managed by another Entity that is a Depository Institution, a Custodial Institution, a Specified Insurance Company or an Investment Entity described in subparagraph A(6), point (a). Amendment 101 Proposal for a directive Annex I – paragraph 1 – point 4 – point b Directive 2011/16/EU Annex I – Section VIII – point A – subparagraph 10 10.  The term ‘Electronic Money Token‘ or ‘E-money Token’ means Electronic Money Token or E-money Token as defined in Regulation XXX. 10.  The term ‘Electronic Money Token‘ or ‘E-money Token’ means Electronic Money Token or E-money Token as defined in Article 3(1), point (7), of Regulation (EU) 2023/1114. Amendment 102 Proposal for a directive Annex I – paragraph 1 – point 4 – point b Directive 2011/16/EU Annex I – Section VIII – point A – subparagraph 13 13.  The term ‘Crypto-Asset’ means Crypto-Asset as defined in Regulation XXX. 13.  The term ‘Crypto-Asset’ means Crypto-Asset as defined in Article 3(1), point (5), of Regulation (EU) 2023/1114. Amendment 103 Proposal for a directive Annex III Directive 2011/16/EU Annex VI – Section I – point A – subparagraph 1 1.  an Entity authorised under Regulation XX; 1.  an Entity authorised under Regulation (EU) 2023/1114. Amendment 104 Proposal for a directive Annex III Directive 2011/16/EU Annex VI – Section II – point B a (new) Ba.  Notwithstanding subparagraph A(1), the place of birth is not required to be reported unless the Reporting Crypto-Asset Service Provider is otherwise required to obtain and report it under national law. Amendment 105 Proposal for a directive Annex III Directive 2011/16/EU Annex VI – Section II – point C C.  The information listed in paragraph 3 shall be reported by 31 January of the calendar year following the year to which the information relates. The first information shall be reported for the relevant calendar year or other appropriate reporting period as from 1 January 2026. C.  The information listed in paragraph 3 shall be reported by 31 July of the calendar year following the year to which the information relates. The first information shall be reported for the relevant calendar year or other appropriate reporting period as from 1 January 2026. Amendment 106 Proposal for a directive Annex III Directive 2011/16/EU Annex VI – Section IV – point A – subparagraph 1 1.  ‘Crypto-Asset’ means Crypto-Asset as defined in Regulation XXX. 1.  ‘Crypto-Asset’ means Crypto-Asset as defined in Article 3(1), point (5), of Regulation (EU) 2023/1114. Amendment 107 Proposal for a directive Annex III Directive 2011/16/EU Annex VI – Section IV – point A – subparagraph 5 5.  ‘Electronic Money’ or ‘E-money’ means Electronic Money or E-money as is defined in Directive 2009/110/EC. For the purposes of this Directive, the term ‘Electronic money’ or ‘E-money’ does not include a product created for the sole purpose of facilitating the transfer of funds from a customer to another person pursuant to instructions of the customer. A product is not created for the sole purpose of facilitating the transfer of funds if, in the ordinary course of business of the transferring Entity, either the funds connected with such product are held longer than 60 days after receipt of instructions to facilitate the transfer, or, if no instructions are received, the funds connected with such product are held longer than 60 days after receipt of the funds. 5.  For the purposes of this Directive, ‘Electronic Money’ or ‘E-money’ means any Crypto-Asset that is: (a) a digital representation of a single Fiat Currency; (b) issued on the receipt of funds for the purpose of making payment transactions; (c) represented by a claim on the issuer denominated in the same Fiat Currency; (d) accepted in payment by a natural or legal person other than the issuer; and (e) by virtue of regulatory requirements to which the issuer is subject, redeemable at any time and at par value for the same Fiat Currency upon request of the holder of the product. The term ‘Electronic money’ or ‘E-money’ does not include a product created for the sole purpose of facilitating the transfer of funds from a customer to another person pursuant to instructions of the customer. A product is not created for the sole purpose of facilitating the transfer of funds if, in the ordinary course of business of the transferring Entity, either the funds connected with such product are held longer than 60 days after receipt of instructions to facilitate the transfer, or, if no instructions are received, the funds connected with such product are held longer than 60 days after receipt of the funds. Amendment 108 Proposal for a directive Annex III Directive 2011/16/EU Annex VI – Section IV – point A – subparagraph 6 6.  ‘Electronic Money Token‘ or ‘E-money Token’ means Electronic Money Token or E-money Token as defined in Regulation XXX. 6.  ‘Electronic Money Token‘ or ‘E-money Token’ means Electronic Money Token or E-money Token as defined in Article 3(1), point (7), of Regulation (EU) 2023/1114. Amendment 109 Proposal for a directive Annex III Directive 2011/16/EU Annex VI – Section IV – point A – subparagraph 7 7.  ‘Distributed Ledger Technology (DLT)’ means Distributed Ledger Technology or DLT as defined in Regulation XXX. 7.  ‘Distributed Ledger Technology (DLT)’ means Distributed Ledger Technology or DLT as defined in Article 3(1), point (1), of Regulation (EU) 2023/1114. Amendment 110 Proposal for a directive Annex III Directive 2011/16/EU Annex VI – Section IV – point B – subparagraph 1 1.  ‘Crypto-Asset Service Provider’ means Crypto-Asset Service Provider as defined in Regulation XXX. 1.  ‘Crypto-Asset Service Provider’ means Crypto-Asset Service Provider as defined in Article 3(1), point (15), of Regulation (EU) 2023/1114. Amendment 111 Proposal for a directive Annex III Directive 2011/16/EU Annex VI – Section IV – point B – point 4 4.  ‘Crypto-Asset Services’ means Crypto-Asset Services as defined in Regulation XXX including staking and lending. 4.  ‘Crypto-Asset Services’ means Crypto-Asset Services as defined in Article 3(1), point (16), of Regulation (EU) 2023/1114. Amendment 112 Proposal for a directive Annex III Directive 2011/16/EU Annex VI – Section IV – point C – point 4 4.  ‘Reportable Retail Payment Transaction’ means a Transfer of Reportable Crypto-Assets in consideration of goods or services for a value exceeding EUR 50 000. 4.  ‘Reportable Retail Payment Transaction’ means a Transfer of Reportable Crypto-Assets in consideration of goods or services for a value exceeding USD 50 000 (or the equivalent amount in any other currency). Amendment 113 Proposal for a directive Annex III Directive 2011/16/EU Annex VI – Section V – point A – point 2 2.  Where a Crypto-Asset User does not provide the information required under Section III after two reminders following the initial request by the Reporting Crypto-Asset Service Provider, but not prior to the expiration of 60 days, the Reporting Crypto-Asset Service Providers shall prevent the Crypto-Asset User from performing Exchange Transactions. 2.  Where a Crypto-Asset User does not provide the information required under Section III after two reminders following the initial request by the Reporting Crypto-Asset Service Provider, but not prior to the expiration of 60 days, the Reporting Crypto-Asset Service Providers shall prevent the Crypto-Asset User from performing Exchange Transactions; such limitation shall be immediately lifted after the information required is provided by the Crypto-Asset User. Amendment 114 Proposal for a directive Annex III Directive 2011/16/EU Annex VI – Section V – point E The home Member State providing authorisation to Crypto-Asset Service Providers according to Regulation XXX shall communicate on a regular basis and at the latest before 31 December to the competent authority a list of all authorised Crypto-Asset Service Providers. The home Member State providing authorisation to Crypto-Asset Service Providers in accordance with Regulation (EU) 2023/1114 shall communicate on a regular basis and at the latest before 31 December to the competent authority a list of all authorised Crypto-Asset Service Providers.

European Parliament decision of 13 September 2023 on amendments to Parliament’s Rules of Procedure with a view to strengthening integrity, independence and accountability (2023/2095(REG))(1)

P9_TA(2023)0316 A9-0262/2023

The European Parliament,

–  having regard to the letter from its President of 9 March 2023,

–  having regard to Rules 236 and 237 of its Rules of Procedure,

–  having regard to the report of the Committee on Constitutional Affairs (A9-0262/2023),

1.  Decides to amend its Rules of Procedure as shown below;

2.  Decides that the amendments shall enter into force on 1 November 2023; decides that the amendments empowering the Bureau and the Quaestors to adopt implementing measures shall however apply from the date that this decision is adopted;

3.  Decides that declarations of interests submitted on the basis of the provisions of the Rules of Procedure in force on the date that this decision is adopted will remain valid until 31 December 2023;

4.  Instructs its President to forward this decision to the Council and the Commission, for information.

Present text   Amendment Amendment 1 Parliament's Rules of Procedure Rule 11 Rule 11 Rule 11 Members’ financial interests and Transparency register Rules of conduct regarding integrity and transparency 1.  Parliament shall lay down rules governing the transparency of its Members' financial interests in the form of a Code of Conduct which shall be adopted by a majority of its component Members and attached to these Rules of Procedure as an annex5. 1.  Parliament shall lay down rules of conduct regarding integrity and transparency in the form of a Code of Conduct, which shall be adopted by a majority of its component Members and attached to these Rules of Procedure as an annex5. Those rules shall not otherwise prejudice or restrict Members in the exercise of their office or of any related political or other activity. Those rules shall not otherwise prejudice or restrict Members in the exercise of their office or of any related political or other activity. 2.  Members should adopt the systematic practice of only meeting interest representatives that are registered in the transparency register established by means of the Interinstitutional Agreement on a mandatory transparency register6. 3.  Members should publish online all scheduled meetings with interest representatives falling under the scope of the Interinstitutional Agreement. Without prejudice to Article 4(6) of Annex I, rapporteurs, shadow rapporteurs and committee chairs shall, for each report, publish online all scheduled meetings with interest representatives falling under the scope of the Interinstitutional Agreement. The Bureau shall provide for necessary infrastructure on Parliament’s website. 4.  The Bureau shall provide the necessary infrastructure on Members’ online page on Parliament’s website for those Members who wish to publish a voluntary audit or confirmation, as provided for under the applicable rules of the Statute for Members and its implementing rules, that their use of the General Expenditure Allowance complies with the applicable rules of the Statute for Members and its implementing measures. 4.  The Bureau shall provide the necessary infrastructure on Members’ online page on Parliament’s website for those Members who wish to publish a voluntary audit or confirmation, as provided for under the applicable rules of the Statute for Members and its implementing rules, that their use of the General Expenditure Allowance complies with the applicable rules of the Statute for Members and its implementing measures. 5.  These rules shall not otherwise prejudice or restrict Members in the exercise of their office or of any related political or other activity. 6.  The code of conduct and the rights and privileges of former Members shall be laid down by a decision of the Bureau. No distinction shall be made in the treatment of former Members. 6.  The code of conduct regarding integrity and transparency for former Members shall be laid down by a decision of the Bureau. __________ __________ 5 See Annex I. 5 See Annex I. 6 Interinstitutional Agreement of 20 May 2021 between the European Parliament, the Council of the European Union and the European Commission on a mandatory transparency register (OJ L 207, 11.6.2021, p. 1). Amendment 2 Parliament's Rules of Procedure Rule 35 Rule 35 Rule 35 Intergroups Intergroups 1.  Individual Members may form Intergroups or other unofficial groupings of Members, for the purpose of holding informal exchanges of views on specific issues across different political groups, drawing on members of different parliamentary committees, and of promoting contact between Members and civil society. 1.  Individual Members may form intergroups for the purpose of holding informal exchanges of views on specific issues across different political groups, drawing on members of different parliamentary committees, and of promoting contact between Members and civil society. 2.  Intergroups as well as other unofficial groupings shall be fully transparent in their actions and shall not engage in any activities which might result in confusion with the official activities of Parliament or of its bodies. They may not organise events in third countries that coincide with a mission of an official Parliament body, including an official election observation delegation. 2.  Intergroups shall be fully transparent in their actions. They shall not engage in any activities which might result in confusion with the official activities of Parliament or of its bodies. In particular, they shall not use the name or the logo of Parliament. They may not organise events in third countries that coincide with a mission of an official Parliament body, including an official election observation delegation. 3.  Provided that the conditions laid down in Parliament’s internal rules governing the establishment of such groupings are complied with, a political group may facilitate their activities by providing them with logistical support. 3.  Provided that the conditions laid down in Parliament’s internal rules governing the establishment of intergroups are complied with, a political group may facilitate their activities by providing them with logistical support. 4.  Intergroups shall be required to make an annual declaration of any support, whether in cash or in kind (e.g. secretarial assistance), which, if offered to Members as individuals, would have had to be declared under Annex I. 4.  Intergroups shall be required to make an annual declaration of any support, including in cash or in kind, which, if offered to Members as individuals, would have had to be declared under Annex I. Other unofficial groupings shall also be required to declare, by the end of the following month, any support, whether in cash or in kind, which Members have not declared individually in accordance with their obligations under Annex I. 5.  Only interest representatives who are registered in the transparency register may participate in intergroup or other unofficial grouping activities organised on Parliament’s premises, for instance by attending meetings or events of the intergroup or other unofficial grouping, by offering support to it, or by co-hosting its events. 5.  Interest representatives may only participate in intergroup activities organised on Parliament’s premises, for instance by attending meetings or events of the intergroup, by offering support to it, or by co-hosting its events, if they are entered in the transparency register established by means of the Interinstitutional Agreement on a mandatory transparency register14a. 6.  The Quaestors shall keep a register of the declarations referred to in paragraph 4. The Quaestors shall adopt detailed rules on those declarations and their publication on Parliament’s website. 6.  The Quaestors shall keep a public register of the intergroups and of the declarations referred to in paragraph 4. The Bureau shall adopt detailed rules on that register and on those declarations and their publication on Parliament’s website. 7.  The Quaestors shall ensure the effective enforcement of this Rule. 7.  The Quaestors shall ensure the effective enforcement of this Rule. 7a.  In the event of a breach of this Rule, the Quaestors may impose on the intergroup a ban on using Parliament’s facilities for a period which may not exceed the remainder of the parliamentary term. __________ 14a Interinstitutional Agreement of 20 May 2021 between the European Parliament, the Council of the European Union and the European Commission on a mandatory transparency register (OJ L 207, 11.6.2021, p. 1). Amendment 3 Parliament’s Rules of Procedure Rule 35 a (new) Rule 35a Unofficial groupings 1.   Individual Members may form unofficial groupings for the purpose of holding informal exchanges of views on specific issues across different political groups, drawing on members of different parliamentary committees, and of promoting contact between Members and civil society. 2.   Unofficial groupings shall be fully transparent in their actions. They shall not engage in any activities which might result in confusion with the official activities of Parliament or of its bodies. In particular, they shall not use the name or the logo of Parliament. They may not organise events in third countries that coincide with a mission of an official Parliament body, including an official election observation delegation. Members participating in unofficial groupings shall proactively disclose to external interlocutors that they are acting in their capacity as individual Members. 3.   A political group may facilitate the activities of unofficial groupings by providing them with logistical support, except in the case of unofficial groupings related to third countries for which a standing interparliamentary delegation as referred to in Rule 223 exists. Unofficial groupings related to third countries for which a standing interparliamentary delegation as referred to in Rule 223 exists shall not benefit from any facilities of Parliament for their activities. The relation to the third country may result from the name or the activities of the unofficial grouping. 4.   Unofficial groupings shall be required to declare, by the end of the following month, any support, including in cash or in kind. In the absence of such a declaration, the Chair of the grouping or, if the grouping has no Chair, any Member participating in it shall declare the support within 10 working days following the expiry of that deadline. 5.   Interest representatives may only participate in unofficial grouping activities organised on Parliament’s premises, for instance by attending meetings or events of the unofficial grouping, by offering support to it, or by co-hosting its events, if they are entered in the transparency register. 6.   The Quaestors shall keep a public register of the declarations referred to in paragraph 4 and of the unofficial groupings that have submitted them. The Bureau shall adopt detailed rules on that register and on those declarations and their publication on Parliament’s website. 7.   The Quaestors shall ensure the effective enforcement of this Rule. 8.   In the event of a breach of this Rule, the Quaestors may impose on the unofficial grouping a ban on using Parliament’s facilities for a period which may not exceed the remainder of the parliamentary term. Amendment 4 Parliament's Rules of Procedure Rule 123 Rule 123 Rule 123 Access to Parliament Access to Parliament 1.  Access badges for Members, Members' assistants and third persons shall be issued on the basis of the rules laid down by the Bureau. Those rules shall also govern the use and withdrawal of access badges. 1.  Access badges for Members, former Members, Members' assistants and third persons shall be issued on the basis of the rules laid down by the Bureau. Those rules shall also govern the use and withdrawal of access badges. 2.  Badges shall not be issued to individuals within a Member’s entourage who fall within the scope of the Interinstitutional Agreement on a mandatory transparency register. 2.  Badges shall not be issued to individuals within a Member’s entourage who fall within the scope of the Interinstitutional Agreement on a mandatory transparency register. 3.  Entities entered in the transparency register, and their representatives who have been issued with long-term access badges to the European Parliament must respect: 3.  Entities entered in the transparency register, and their representatives who have been issued with long-term access badges to the European Parliament must respect: —  the Code of Conduct for Registrants annexed to the Interinstitutional Agreement; —  the Code of Conduct for Registrants annexed to the Interinstitutional Agreement; —  the procedures and other obligations laid down by the Interinstitutional Agreement; and —  the procedures and other obligations laid down by the Interinstitutional Agreement; and —  the provisions implementing this Rule. —  the provisions implementing this Rule. Without prejudice to the applicability of the general rules governing the withdrawal or temporary de-activation of long-term access badges, and unless there are significant arguments to the contrary, the Secretary-General shall, with the authorisation of the Quaestors, withdraw or deactivate a long-term access badge where its holder has been disbarred from the transparency register for a breach of the Code of Conduct for Registrants, has been guilty of a serious breach of the obligations laid down in this paragraph, or has refused, without offering a sufficient justification, to comply with a formal summons to attend a hearing or committee meeting or to cooperate with a committee of inquiry. Without prejudice to the applicability of the general rules governing the withdrawal or temporary de-activation of long-term access badges, and unless there are significant arguments to the contrary, the Secretary-General shall, with the authorisation of the Quaestors, withdraw or deactivate a long-term access badge where its holder has been disbarred from the transparency register for a breach of the Code of Conduct for Registrants, has been guilty of a serious breach of the obligations laid down in this paragraph, or has refused, without offering a sufficient justification, to comply with a formal summons to attend a hearing or committee meeting or to cooperate with a committee of inquiry. 4.  The Quaestors may determine to what extent the Code of Conduct referred to in paragraph 3 is applicable to persons who, whilst in possession of a long-term access badge, do not fall within the scope of the Interinstitutional Agreement. 4.  The Quaestors may determine to what extent the Code of Conduct referred to in paragraph 3 is applicable to persons who, whilst in possession of a long-term access badge, do not fall within the scope of the Interinstitutional Agreement. 5.  The Bureau, acting on a proposal from the Secretary-General, shall lay down the measures needed to implement the transparency register, in accordance with the provisions of the Interinstitutional Agreement. 5.  The Bureau, acting on a proposal from the Secretary-General, shall lay down the measures needed to implement the transparency register, in accordance with the provisions of the Interinstitutional Agreement. Amendment 5 Parliament's Rules of Procedure Rule 176 Rule 176 Rule 176 Penalties Penalties 1.  In serious cases of breach of Rule 10 (2) to (9), the President shall adopt a reasoned decision imposing upon the Member concerned the appropriate penalty in accordance with this Rule. 1.  In serious cases of breach of Rule 10(2) to (9), Rule 35 or Rule 35a, the President shall adopt a reasoned decision imposing upon the Member concerned the appropriate penalty in accordance with this Rule. In relation to Rule 10 (3) or (4), the President may adopt a reasoned decision under this Rule regardless of whether or not an immediate measure within the meaning of Rule 175 had previously been imposed upon the Member concerned. In relation to Rule 10(3) or (4), the President may adopt a reasoned decision under this Rule regardless of whether or not an immediate measure within the meaning of Rule 175 had previously been imposed upon the Member concerned. In relation to Rule 10 (6), the President may only adopt a reasoned decision under this Rule following the establishment of the occurrence of a harassment in accordance with the applicable internal administrative procedure on harassment and its prevention. In relation to Rule 10(6), the President may only adopt a reasoned decision under this Rule following the establishment of the occurrence of a harassment in accordance with the applicable internal administrative procedure on harassment and its prevention. The President may impose a penalty upon a Member in cases in which provision is made, by these Rules of Procedure or by a decision adopted by the Bureau under Rule 25, for the application of this Rule. 1a.  The President may also impose a penalty upon a Member in cases in which provision is made, by these Rules of Procedure, including the Code of Conduct for Members regarding integrity and transparency32a, or by a decision adopted by the Bureau under Rule 25, for the application of this Rule. 2.  The Member concerned shall be invited by the President to submit written observations before the decision is adopted. The President may decide to convene an oral hearing instead whenever it is more appropriate. 2.  The Member concerned shall be invited by the President to submit written observations before the decision is adopted. The President may decide to convene an oral hearing instead whenever it is more appropriate. The decision imposing the penalty shall be notified to the Member concerned by registered letter or, in urgent cases, via the ushers. The decision imposing the penalty shall be notified to the Member concerned. After that decision has been notified to the Member concerned, any penalty imposed on a Member shall be announced by the President in Parliament. The presiding officers of the bodies, committees and delegations on which the Member serves shall be informed. Once the penalty becomes final, it shall be announced by the President in Parliament. The presiding officers of the bodies, committees and delegations on which the Member serves shall be informed. Once the penalty becomes final, it shall be published prominently on Parliament's website, and shall remain there for the rest of the parliamentary term. The penalty imposed shall be published prominently on Parliament's website and on the Member’s online page on Parliament’s website. 3.  When assessing the conduct observed, account shall be taken of its exceptional, recurrent or permanent nature and of its seriousness. Account shall also be taken, if applicable, of possible damage inflicted on the dignity and reputation of Parliament. 3.  When assessing the conduct observed, account shall be taken of its exceptional, recurrent or permanent nature and of its seriousness. Account shall also be taken, if applicable, of possible damage inflicted on the dignity and reputation of Parliament. 4.  The penalty may consist of one or more of the following measures: 4.  The penalty imposed shall be effective, proportionate and dissuasive. The penalty may consist of one or more of the following measures: (a)  a reprimand; (a)  a reprimand; (aa)  prohibition of the Member from representing the Parliament on an interparliamentary delegation, inter-parliamentary conference or any interinstitutional forum, for up to one year; (ab)  in the case of a breach of confidentiality, a limitation in the rights to access confidential or classified information for up to one year; (b)  forfeiture of entitlement to the daily subsistence allowance for a period of between two and thirty days; (b)  forfeiture of entitlement to the daily subsistence allowance for a period of between two and sixty days; (c)  without prejudice to the right to vote in plenary, and subject, in this instance, to strict compliance with the Members' standards of conduct, temporary suspension from participation in all or some of the activities of Parliament for a period of between two and thirty days on which Parliament or any of its bodies, committees or delegations meet; (c)  without prejudice to the right to vote in plenary, and subject, in this instance, to strict compliance with the Members' standards of conduct, temporary suspension from participation in all or some of the activities of Parliament for a period of between two and sixty days on which Parliament or any of its bodies, committees or delegations meet; (d)  prohibition of the Member from representing the Parliament on an interparliamentary delegation, inter-parliamentary conference or any interinstitutional forum, for up to one year; (e)  in the case of a breach of confidentiality, a limitation in the rights to access confidential or classified information for up to one year. 5.  The measures laid down in points (b) to (e) of paragraph 4 may be doubled in the case of repeated breaches, or if the Member refuses to comply with a measure taken under Rule 175(3). 5.  The measures laid down in paragraph 4, points (aa) to (c), may be doubled in the case of repeated breaches, or if the Member refuses to comply with a measure taken under Rule 175(3). 6.  In addition, the President may submit a proposal to the Conference of Presidents for the suspension or removal of the Member from one or more of the offices held by that Member in Parliament, in accordance with the procedure laid down in Rule 21. 6.  In addition, the President may submit a proposal to the Conference of Presidents for the suspension or removal of the Member from one or more of the offices held by that Member in Parliament, in accordance with the procedure laid down in Rule 21. 6a.  The President shall decide on the period of publication of the penalties taking into account that the minimum period of publication shall be, irrespective of the end of the mandate of the Member concerned, as follows: —  two years for the penalties referred to in paragraph 4, points (a), (aa) and (ab); —  three years for the penalties referred to in paragraph 4, points (b) and (c). However, in cases of minor breaches, the President may decide on a shorter period of publication. __________ 32a See Annex I. Amendment 6 Parliament's Rules of Procedure Annex I – Title ANNEX I ANNEX I CODE OF CONDUCT FOR MEMBERS OF THE EUROPEAN PARLIAMENT WITH RESPECT TO FINANCIAL INTERESTS AND CONFLICTS OF INTEREST CODE OF CONDUCT FOR MEMBERS OF THE EUROPEAN PARLIAMENT REGARDING INTEGRITY AND TRANSPARENCY Amendment 7 Parliament's Rules of Procedure Annex I – Article 1 Article 1 Article 1 Guiding principles Guiding principles In exercising their duties, Members of the European Parliament: In exercising their duties, Members of the European Parliament: (a)  are guided by and observe the following general principles of conduct: disinterest, integrity, openness, diligence, honesty, accountability and respect for Parliament’s reputation, (a)  are guided by and observe the following general principles of conduct: disinterest, integrity, openness, diligence, honesty, accountability and respect for Parliament’s dignity and reputation, (b)  act solely in the public interest and refrain from obtaining or seeking to obtain any direct or indirect financial benefit or other reward. (b)  act solely in the public interest and refrain from obtaining or seeking to obtain any direct or indirect benefit or other reward. Amendment 8 Parliament's Rules of Procedure Annex I – Article 2 Article 2 Article 2 Main duties of Members Main duties of Members In exercising their duties, Members of the European Parliament shall: In exercising their duties, Members of the European Parliament shall: (a)  not enter into any agreement to act or vote in the interest of any other legal or natural person that would compromise their voting freedom, as enshrined in Article 6 of the Act of 20 September 1976 concerning the election of the members of the European Parliament by direct universal suffrage and Article 2 of the Statute for Members of the European Parliament, (a)  not enter into any agreement to act or vote in the interest of any other legal or natural person that would compromise their voting freedom, as enshrined in Article 6 of the Act of 20 September 1976 concerning the election of the members of the European Parliament by direct universal suffrage and Article 2 of the Statute for Members of the European Parliament, (b)  not solicit, accept or receive any direct or indirect benefit or other reward, whether in cash or in kind, in exchange for specific behaviour in the scope of the Member's parliamentary work, and shall consciously seek to avoid any situation which might imply bribery, corruption, or undue influence, (b)  not solicit, accept or receive any direct or indirect benefit or other reward, including in cash or in kind, in exchange for specific behaviour in the scope of the Member's parliamentary work, and shall consciously seek to avoid any situation which might imply bribery, corruption, or undue influence, (c)  not engage in paid professional lobbying directly linked to the Union decision-making process. (c)  not engage in paid lobbying activities directly linked to the Union decision-making process. Amendment 9 Parliament's Rules of Procedure Annex I – Article 3 Article 3 Article 3 Conflicts of interest Conflicts of interest 1.   A conflict of interest exists where a Member of the European Parliament has a personal interest that could improperly influence the performance of his or her duties as a Member. A conflict of interest does not exist where a Member benefits only as a member of the general public or of a broad class of persons. 1.   A conflict of interest exists where the exercise of the mandate of a Member of the European Parliament in the public interest may be improperly influenced for reasons involving his or her family, emotional life, economic interest or any other direct or indirect private interest. A conflict of interest does not exist where a Member benefits only as a member of the general public or of a broad class of persons. 2.   Any Member who finds that he or she has a conflict of interest shall immediately take the necessary steps to address it, in accordance with the principles and provisions of this Code of Conduct. If the Member is unable to resolve the conflict of interest, he or she shall report this to the President in writing. In cases of ambiguity, the Member may seek advice in confidence from the Advisory Committee on the Conduct of Members, established under Article 7. 2.  Members shall make every reasonable effort to detect conflicts of interest. A Member who becomes aware of having a conflict of interest shall immediately endeavour to resolve it. If unable to resolve it, the Member shall make sure that the private interest concerned is declared in accordance with Article 4. 3.   Without prejudice to paragraph 2, Members shall disclose, before speaking or voting in plenary or in one of Parliament’s bodies, or if proposed as a rapporteur, any actual or potential conflict of interest in relation to the matter under consideration, where such conflict is not evident from the information declared pursuant to Article 4. Such disclosure shall be made in writing or orally to the chair during the parliamentary proceedings in question. 3.  Without prejudice to paragraph 2, Members shall disclose, before speaking or voting in plenary or in one of Parliament’s bodies, any conflict of interest in relation to the matter under consideration, where such conflict is not evident from the information declared pursuant to Article 4. Such disclosure shall be made orally by intervening in the sitting or meeting concerned. 3a.   Before taking up the office of Vice-President, Quaestor, Chair or Vice-Chair of a committee or delegation, the Member shall submit a declaration indicating whether or not he or she is aware of having a conflict of interest in relation to the responsibilities of that office. If the Member is aware of having such a conflict of interest, he or she shall describe the conflict in that declaration. In that case, he or she may only take up the office if the respective body decides that the conflict of interest does not prevent the Member from exercising his or her mandate in the public interest. When such a conflict of interest arises during the exercise of the office in question, the Member shall submit a declaration describing that conflict and shall refrain from exercising the responsibilities with regard to this situation of conflict, unless the respective body decides that the conflict of interest does not prevent the Member from exercising his or her mandate in the public interest. 3b.   A Member who is proposed as a rapporteur or shadow rapporteur or as a participant in an official delegation or in interinstitutional negotiations shall submit a declaration indicating whether or not he or she is aware of having a conflict of interest in relation to, respectively, the report or opinion or the delegation or negotiations in question. If the Member is aware of having such a conflict of interest, he or she shall describe the conflict in that declaration. Where the Member who has been proposed as a rapporteur declares that he or she has a conflict of interest, the respective committee may decide by a majority of the votes cast that the Member may nevertheless be appointed as a rapporteur on the ground that the conflict does not prevent the Member from exercising his or her mandate in the public interest. Where the Member who has been proposed as a shadow rapporteur or as a participant in an official delegation or in interinstitutional negotiations declares that he or she has a conflict of interest, the respective political group may decide that the Member may nevertheless be designated as a shadow rapporteur or as a participant in an official delegation or in interinstitutional negotiations on the ground that the conflict does not prevent the Member from exercising his or her mandate in the public interest. The respective body may, however, oppose this designation by a majority of two thirds of the votes cast. 3c.   The Bureau shall draw up the form for the declarations mentioned in paragraphs 3a and 3b of this Article, pursuant to Article 9. Such declarations shall be published on Members’ online page on Parliament’s website. Amendment 10 Parliament's Rules of Procedure Annex I – Article 4 Article 4 Article 4 Declaration by Members Declaration of private interests 1.   For reasons of transparency, Members of the European Parliament shall be personally responsible for submitting a declaration of financial interests to the President by the end of the first part-session after elections to the European Parliament (or within 30 days of taking up office with the Parliament in the course of a parliamentary term), in accordance with a form to be adopted by the Bureau pursuant to Article 9. They shall notify the President of any changes that have an influence on their declaration by the end of the month following each change occurring. 1.   For reasons of transparency and accountability, Members of the European Parliament shall submit a declaration of private interests to the President by the end of the first part-session after elections to the European Parliament (or within 30 calendar days of taking up office with the Parliament in the course of a parliamentary term), in accordance with a form drawn up by the Bureau pursuant to Article 9. They shall notify the President of any changes that have an influence on their declaration by the end of the month following each change occurring. 2.   The declaration of financial interests shall contain the following information, which shall be provided in a precise manner: 2.   The declaration of private interests shall contain the following information, which shall be provided in a detailed and precise manner: (a)  the Member’s occupation or occupations during the three-year period before he or she took up office with the Parliament, and his or her membership during that period of any boards or committees of companies, non-governmental organisations, associations or other bodies established in law, (a)  the Member’s occupation or occupations during the three-year period before taking up office with the Parliament, and membership during that period of any boards or committees of companies, non-governmental organisations, associations or other bodies established in law, (b)  any salary which the Member receives for the exercise of a mandate in another parliament, (c)  any regular remunerated activity which the Member undertakes alongside the exercise of his or her office, whether as an employee or as a self-employed person, (c)  any remunerated activity undertaken alongside the exercise of the Member’s office, including the name of the entity as well as the field and the nature of the activity, where the total remuneration of all the Member's outside activities exceeds EUR 5 000 gross in a calendar year, (d)  membership of any boards or committees of any companies, non-governmental organisations, associations or other bodies established in law, or any other relevant outside activity that the Member undertakes, whether the membership or activity in question is remunerated or unremunerated, (d)  membership of any boards or committees of companies, non-governmental organisations, associations or other bodies established in law, or any other relevant outside activity that the Member undertakes, (e)  any occasional remunerated outside activity (including writing, lecturing or the provision of expert advice), if the total remuneration of all the Member's occasional outside activities exceeds EUR 5 000 in a calendar year, (f)  any holding in any company or partnership, where there are potential public policy implications or where that holding gives the Member significant influence over the affairs of the body in question, (f)  any holding in any company or partnership, where there are potential public policy implications or where that holding gives the Member significant influence over the affairs of the body in question, (g)  any support, whether financial or in terms of staff or material, additional to that provided by Parliament and granted to the Member in connection with his or her political activities by third parties, whose identity shall be disclosed, (g)  any support, whether financial or in terms of staff or material, additional to that provided by Parliament and granted to the Member in connection with his or her political activities by third parties, whose identity shall be disclosed, (h)  any other financial interests which might influence the performance of the Member’s duties. (h)  any direct or indirect private interests within the meaning of Article 3(1) which might influence the performance of the Member’s duties and which are not referred to in points (a) to (g). For any item to be declared in accordance with the first subparagraph, Members shall, where appropriate, indicate whether it is remunerated or not; for items (a), (c), (d), (e) and (f), Members shall also indicate one of the following income categories: 2a.   For any item to be declared in accordance with paragraph 2, Members shall, where appropriate, indicate whether it generates income or other benefits or not. If it generates income, Members shall indicate for each separate item the respective amount of that income and, where relevant, its periodicity. Other benefits shall be described in nature. –  Unremunerated; –  EUR 1 to EUR 499 a month; –  EUR 500 to EUR 1 000 a month; –  EUR 1 001 to EUR 5 000 a month; –  EUR 5 001 to EUR 10 000 a month –  above EUR 10 000 a month, with an indication of the nearest EUR 10 000 amount. Any income that Members receive in respect of each item declared in accordance with the first subparagraph, but not on a regular basis, shall be calculated on an annual basis, divided by twelve and placed in one of the categories set out in the second subparagraph. 3.   The information provided to the President in accordance with this Article shall be published on Parliament’s website in an easily accessible manner. 3.   The information provided to the President in accordance with paragraphs 1, 2 and 2a shall be published on Parliament’s website in an easily accessible manner. 4.   Members may not be elected as office-holders of Parliament or of one of its bodies, be appointed as a rapporteur or participate in an official delegation or interinstitutional negotiations, if they have not submitted their declaration of financial interests. 4.   Members may not be elected as office-holders of Parliament or of one of its bodies, be appointed as a rapporteur or be designated as a shadow rapporteur or participate in an official delegation or interinstitutional negotiations, if they have not submitted their declaration of private interests. 5.   If the President receives information, which leads him or her to believe that the declaration of financial interests of a Member is substantially incorrect or out of date, the President may consult the advisory committee provided for in Article 7. Where appropriate, the President shall request the Member to correct his or her declaration within 10 days. The Bureau may adopt a decision applying paragraph 4 to Members who do not comply with the President’s correction request. 5.   If the President receives information, which leads him or her to believe that the declaration of private interests of a Member is substantially incorrect or out of date, the President shall request clarification from the Member. In the absence of a satisfactory clarification, the President shall consult the Advisory Committee on the Conduct of Members, established under Article 7. If the Advisory Committee concludes that the declaration does not comply with this Code of Conduct, it shall recommend to the President that he or she request the Member to correct his or her declaration. If, taking into account that recommendation, the President concludes that the Member has breached this Code of Conduct, he or she shall request the Member to correct the declaration within 15 calendar days. If the Member does not comply with this correction request, the President shall adopt a reasoned decision in accordance with Article 8(3). The internal appeal procedures defined in Rule 177 of the Rules of Procedure shall be available to the Member concerned. 6.   Rapporteurs may voluntarily list in the explanatory statement to their report outside interests who have been consulted on matters pertaining to the subject of the report56. __________ 56 See Bureau Decision of 12 September 2016 on the implementation of the Inter-Institutional Agreement on the Transparency Register. Amendment 11 Parliament’s Rules of Procedure Annex I – Article 4 a (new) Article 4a Declaration of assets Members shall declare their assets and liabilities at the beginning and end of every term of office. The Bureau shall lay down the list of categories of assets and liabilities to be declared and shall draw up the form for the declaration. Such declarations shall be submitted to the President and shall be accessible only to the relevant authorities, without prejudice to national law. Amendment 12 Parliament's Rules of Procedure Annex I – Article 5 Article 5 Article 5 Gifts or similar benefits Gifts or similar benefits 1.   Members of the European Parliament shall refrain from accepting, in the performance of their duties, any gifts or similar benefits, other than those with an approximate value of less than EUR 150 given in accordance with courtesy usage or those given to them in accordance with courtesy usage when they are representing Parliament in an official capacity. 1.   Members of the European Parliament shall refrain from accepting, in their capacity as Members, any gifts or similar benefits, other than those with an approximate value of less than EUR 150 given in accordance with courtesy usage or those given to them in accordance with courtesy usage when they are representing Parliament in an official capacity. 2.   Any gifts presented to Members in accordance with paragraph 1 when they are representing Parliament in an official capacity shall be handed over to the President and dealt with in accordance with implementing measures to be laid down by the Bureau pursuant to Article 9. 2.   Any gifts with an approximate value of more than EUR 150 presented to a Member in accordance with paragraph 1 when he or she is representing Parliament in an official capacity shall be handed over to the President and dealt with in accordance with implementing measures to be laid down by the Bureau pursuant to Article 9. 3.   The provisions of paragraphs 1 and 2 shall not apply to the reimbursement of travel, accommodation and subsistence expenses of Members, or to the direct payment of such expenses by third parties, when Members attend, pursuant to an invitation and in the performance of their duties, at any events organised by third parties. 3.   The provisions of paragraphs 1 and 2 shall not apply to the reimbursement of travel, accommodation and subsistence expenses of Members, or to the direct payment of such expenses by third parties, in full or in part, when Members attend, pursuant to an invitation and in the performance of their duties, any events organised by third parties. Members shall declare to the President their attendance at such events and the required information in accordance with implementing measures laid down by the Bureau pursuant to Article 9. The scope of this paragraph, and in particular the rules designed to ensure transparency, shall be specified in the implementing measures to be laid down by the Bureau pursuant to Article 9. Amendment 13 Parliament’s Rules of Procedure Annex I – Article 5 a (new) Article 5a Publication of meetings 1.   Members should only meet interest representatives that are entered in the transparency register established by means of the Interinstitutional Agreement on a mandatory transparency register56a. 2.   Members shall publish online all scheduled meetings relating to parliamentary business (a)  with interest representatives falling within the scope of the Interinstitutional Agreement on a mandatory transparency register; or (b)  with representatives of public authorities of third countries, including their diplomatic missions and embassies. 3.   The obligation laid down in paragraph 2 shall apply to meetings attended by the Member or by the Member’s parliamentary assistants on his or her behalf. 4.   By way of derogation from paragraph 2, Members shall not publish a meeting the disclosure of which would endanger the life, physical integrity or liberty of an individual or may decide not to publish a meeting where there are other compelling reasons for maintaining confidentiality. Such meetings shall instead be declared to the President, who shall keep this declaration confidential or shall decide on an anonymised or delayed publication. The Bureau shall lay down the conditions under which the President may disclose such a declaration. 5.   The Bureau shall provide for the necessary infrastructure on Parliament's website. 6.   Article 4(5) shall apply mutatis mutandis. __________ 56a Interinstitutional Agreement of 20 May 2021 between the European Parliament, the Council of the European Union and the European Commission on a mandatory transparency register (OJ L 207, 11.6.2021, p. 1). Amendment 14 Parliament’s Rules of Procedure Annex I – Article 5 b (new) Article 5b Declaration of input Without prejudice to the requirement to publish meetings pursuant to Article 5a, rapporteurs shall list the entities or persons from whom they received input on matters pertaining to the subject of the file in an annex to their report or opinion. Article 5a(4) shall apply mutatis mutandis. Amendment 15 Parliament's Rules of Procedure Annex I – Article 6 Article 6 Article 6 Activities of former Members Activities of former Members Former Members of the European Parliament who engage in professional lobbying or representational activities directly linked to the European Union decision-making process should inform the European Parliament thereof and may not, throughout the period in which they engage in those activities, benefit from the facilities granted to former Members under the rules laid down by the Bureau to that effect57. Former Members of the European Parliament who engage in professional lobbying or representational activities directly linked to the European Union decision-making process should inform the European Parliament thereof and may not, throughout the period in which they engage in those activities, benefit from the facilities granted to former Members under the rules laid down by the Bureau to that effect57. Members shall not engage with former Members whose mandate ended less than six months earlier and who fall under the categories of persons mentioned in Article 5a(2) in any activity which could allow the former Members to influence the formulation or implementation of policy or legislation, or the decision-making processes of Parliament. __________ __________ 57Bureau Decision of 12 April 1999 on facilities granted to former Members of the European Parliament. 57Bureau Decision of 17 April 2023 on former Members of the European Parliament. Amendments 16, 21cp7, 25cp2-5 and 25cp9 Parliament's Rules of Procedure Annex I – Article 7 Article 7 Article 7 Advisory Committee on the Conduct of Members Advisory Committee on the Conduct of Members 1.   An Advisory Committee on the Conduct of Members (‘the Advisory Committee’) is hereby established. 1.   An Advisory Committee on the Conduct of Members (‘the Advisory Committee’) is hereby established. 2.   The Advisory Committee shall be composed of five members, appointed by the President at the beginning of his or her term of office from amongst the members of the Committee on Constitutional Affairs and the Committee on Legal Affairs, taking due account of the Members' experience and of political balance. 2.   The Advisory Committee shall be composed of eight current Members of the European Parliament, appointed by the President at the beginning of his or her term of office, taking due account of the Members' experience and of political and gender balance. Each member of the Advisory Committee shall serve as chair for six months on a rotating basis. The office of chair shall rotate every six months among the members of the Advisory Committee. 3.   The President shall also, at the beginning of his or her term of office, appoint reserve members for the Advisory Committee, one for each political group not represented in the Advisory Committee. 3.   The President shall also, at the beginning of his or her term of office, appoint reserve members for the Advisory Committee, one for each political group not represented in the Advisory Committee. In the event of an alleged breach of this Code of Conduct by a member of a political group not represented in the Advisory Committee, the relevant reserve member shall serve as a sixth full member of the Advisory Committee for the purposes of investigation of that alleged breach. In the event of an alleged breach of this Code of Conduct by a member of a political group not represented in the Advisory Committee or in the event of a request pursuant to paragraph 4 concerning such a member, the relevant reserve member shall serve as a ninth full member of the Advisory Committee. 3a.   In the event of an alleged breach of this Code of Conduct by a permanent member or by a reserve member of the Advisory Committee, the permanent member or reserve member concerned shall not take part in the proceedings of the Advisory Committee on that alleged breach. 4.   Upon request by a Member, the Advisory Committee shall give him or her, in confidence and within 30 calendar days, guidance on the interpretation and implementation of the provisions of this Code of Conduct. The Member in question shall be entitled to rely on such guidance. 4.   At the request of a Member, the Advisory Committee shall give him or her guidance, in confidence and within 30 calendar days, on the interpretation and implementation of the provisions of this Code of Conduct, in particular with regard to conflicts of interest. The Member in question shall be entitled to rely on such guidance. At the request of the President, the Advisory Committee shall also assess alleged breaches of this Code of Conduct and advise the President on possible action to be taken. At the request of the President, the Advisory Committee shall also assess alleged breaches of this Code of Conduct and advise the President on possible action to be taken. The Advisory Committee shall proactively monitor compliance by Members with this Code of Conduct and its implementing measures. It shall signal to the President any possible breaches of those provisions. Alleged breaches of this Code of Conduct may be signalled directly to the Advisory Committee, which may assess them and advise the President on possible action to be taken. The Bureau may adopt rules on the procedure for the signalling of alleged breaches. 5.   The Advisory Committee may, after consulting the President, seek advice from outside experts. 5.   The Advisory Committee may seek advice from outside experts, in full confidentiality. 6.   The Advisory Committee shall publish an annual report of its work. 6.   The Advisory Committee shall publish an annual report of its work and raise Members’ awareness of this Code of Conduct and its implementing measures on a regular basis. Amendment 17 Parliament's Rules of Procedure Annex I – Article 8 Article 8 Article 8 Procedure in the event of possible breaches of the Code of Conduct Procedure in the event of alleged breaches of this Code of Conduct 1.   Where there is reason to think that a Member of the European Parliament may have breached this Code of Conduct, the President shall, except in manifestly vexatious cases, refer the matter to the Advisory Committee. 1.   Where there is reason to believe that a Member of the European Parliament may have breached this Code of Conduct, the President shall refer the matter to the Advisory Committee. 2.   The Advisory Committee shall examine the circumstances of the alleged breach, and may hear the Member concerned. Based on its findings, it shall make a recommendation to the President concerning a possible decision. 2.   The Advisory Committee shall examine the circumstances of the alleged breach, and may hear the Member concerned. Based on its findings, it shall make a recommendation to the President comprising, where appropriate, a penalty, which may consist of one or more of the measures listed in Rule 176(4), (5) and (6) of the Rules of Procedure. In case of an alleged breach of the Code of Conduct by a permanent member or by a reserve member of the Advisory Committee, the member or reserve member concerned shall refrain from taking part in the proceedings of the Advisory Committee on that alleged breach. 3.   If, taking into account that recommendation, and having invited the Member concerned to submit written observations, the President concludes that the Member concerned has breached the Code of Conduct, he or she shall adopt a reasoned decision laying down a penalty. The President shall notify that Member of the reasoned decision. 3.   If, taking into account that recommendation, and having invited the Member concerned to submit written observations, the President concludes that the Member concerned has breached this Code of Conduct, he or she shall adopt a reasoned decision imposing a penalty. The President shall notify that Member of the reasoned decision. The penalty may consist of one or more of the measures listed in Rule 176(4) to (6) of the Rules of Procedure. The penalty may consist of one or more of the measures listed in Rule 176(4), (5) and (6) of the Rules of Procedure. 4.   The internal appeal procedures defined in Rule 177 of the Rules of Procedure shall be available to the Member concerned. 4.   The internal appeal procedures defined in Rule 177 of the Rules of Procedure shall be available to the Member concerned. 4a.   The President shall also refer to the Advisory Committee systematic, severe or repetitive failures to comply with disclosure obligations laid down in this Code of Conduct. Amendment 18 Parliament's Rules of Procedure Annex I – Article 9 Article 9 Article 9 Implementation Implementation The Bureau shall lay down implementing measures for this Code of Conduct, including a monitoring procedure, and shall, when necessary, update the amounts referred to in Articles 4 and 5. The Bureau shall lay down implementing measures for this Code of Conduct, including a compliance monitoring procedure and training for Members. The Bureau may bring forward proposals for revision of this Code of Conduct. The Bureau may bring forward proposals for the revision of this Code of Conduct.

(1) * References to ‘cp’ in the headings of adopted amendments shall be understood as the corresponding part of those amendments.

Amendments adopted by the European Parliament on 13 September 2023 on the proposal for a regulation of the European Parliament and of the Council establishing a Single Market emergency instrument and repealing Council Regulation No (EC) 2679/98 (COM(2022)0459 – C9-0315/2022 – 2022/0278(COD))(1)

P9_TA(2023)0317 A9-0246/2023

(Ordinary legislative procedure: first reading)

Text proposed by the Commission   Amendment Amendment 1 Proposal for a regulation Title Proposal for a Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL establishing a Single Market emergency instrument and repealing Council Regulation No (EC) 2679/98 establishing a framework of measures on emergency and resilience of the internal market (Internal market emergency and resilience act) and amending Council Regulation (EC) No 2679/98 (Text with EEA relevance) (Text with EEA relevance) Amendment 2 Proposal for a regulation Recital 1 (1)  Past crises, especially the early days of the COVID-19 pandemic, have shown that the internal market (also referred to as the Single Market and its supply chains can be severely affected by such crises, and appropriate crisis management tools and coordination mechanisms are either lacking, do not cover all aspects of the Single market or do not allow for a timely response to such impacts. (1)  Past crises, especially the early days of the COVID-19 pandemic, have shown that the internal market and its supply chains can be severely affected, and appropriate crisis management tools and coordination mechanisms are either lacking, do not cover all aspects of the internal market or do not allow for a timely and effective response to such crises. Amendment 3 Proposal for a regulation Recital 2 (2)  The Union was not sufficiently prepared to ensure efficient manufacturing, procurement and distribution of crisis-relevant non-medical goods such as personal protective equipment, especially in the early phase of the COVID-19 pandemic and the ad-hoc measures taken by the Commission in order to re-establish the functioning of the Single Market and to ensure the availability of crisis-relevant non-medical goods during the COVID-19 pandemic were necessarily reactive The pandemic also revealed insufficient overview of manufacturing capacities across the Union as well as vulnerabilities related to the global supply chains. (2)  The Union was not sufficiently prepared to ensure efficient manufacturing, procurement and distribution of crisis-relevant non-medical goods such as personal protective equipment, especially in the early phase of the COVID-19 pandemic and the ad-hoc measures taken by the Commission in order to re-establish the functioning of the internal market and to ensure the availability of crisis-relevant non-medical goods during the COVID-19 pandemic were necessarily reactive. The pandemic also revealed insufficient overview of manufacturing capacities across the Union as well as vulnerabilities related to the global supply chains. Amendment 4 Proposal for a regulation Recital 2 a (new) (2a)  During the COVID-19 pandemic, uncoordinated measures restricting the free movement of persons had a particular impact on critical sectors, particularly those that rely on mobile workers, including frontier and cross-border workers, who played an essential role in keeping the Union economy going during that time. Amendment 5 Proposal for a regulation Recital 3 (3)  Actions by the Commission were delayed by several weeks due to the lack of any Union wide contingency planning measures and ofclarity as to which part of the national administration to contact to find rapid solutions to the impact on the Single Market being cause by the crisis. In addition it became clear that uncoordinated restrictive actions taken by the Member States would further aggravate the impacts of the crisis on the Single market. It emerged that there is a need for arrangements between the Member States and Union authorities as regards contingency planning, technical level coordination and cooperation and information exchange. (3)  Actions by the Commission were delayed by several weeks due to the lack of any Union wide contingency planning measures and of clarity as to which national authority to contact to find rapid solutions to the impact on the internal market caused by the crisis. In addition, it became clear that uncoordinated restrictive actions taken by the Member States would further aggravate the impacts of the crisis on the internal market. It emerged that there is a need for arrangements between the Member States and Union authorities as regards contingency planning, technical level coordination and cooperation and information exchange. Additionally, it became evident that the lack of effective coordination between Member States exacerbated the shortages of goods and created more obstacles to the free movement of services and persons. Amendment 6 Proposal for a regulation Recital 4 (4)  Representative organisations of economic operators have suggested that economic operators did not have sufficient information on the crisis response measures of the Member States during the pandemics, partly due to not knowing where to obtain such information, partly due to language constraints and the administrative burden implied in making repeated inquiries in all the Member States, especially in a constantly changing regulatory environment. This prevented them from making informed business decisions as to what extent they may rely on their free movement rights or continue cross-border business operations during the crisis. It is necessary to improve the availability of information on national and Union level crisis response measures (4)  Yet, despite the initial lack of coordination, the internal market rules played a key role in mitigating the negative impact of the crisis and in ensuring a swift recovery of the economy of the Union, namely by precluding unjustified and disproportionate national restrictions contained in the unilateral responses by the Member States and by providing a strong incentive to find common solutions, thus promoting solidarity. Amendment 7 Proposal for a regulation Recital 5 (5)  These recent events have also highlighted the need for the Union to be better prepared for possible future crises, especially as we consider the continuing effects of climate change and resulting natural disasters as well as global economic and geopolitical instabilities. Given the fact that it is not known which kind of crises could come up next and produce severe impacts on the Single Market and its supply chains in the future, it is necessary to provide for an instrument that would apply with regards to impacts on the Single Market of a wide range of crises. (5)  These recent events have also highlighted the need for the Union to be better prepared for possible future crises, in particular considering the continuing effects of climate change and resulting natural disasters as well as global economic and geopolitical instabilities. Given the fact that it is not known which kind of future crises could occur and have a severe impact on the internal market and its supply chains, it is necessary to provide for an instrument that would apply in the event of the occurrence of a wide range of crises that have an impact on the internal market and have a cross border effect. Amendment 8 Proposal for a regulation Recital 6 (6)  The impact of a crisis on the Single Market can be two-fold. On the one hand, a crisis can lead to obstacles to free movement within the Single Market, thus disrupting its normal functioning. On the other hand, a crisis can amplify shortages of crisis-relevant goods and services on the Single Market. The Regulation should address both types of impacts on the Single Market. (6)  The impact of a crisis on the internal market can lead to obstacles to free movement within the internal market, thus disrupting its normal functioning. A crisis can exacerbate shortages of crisis-relevant goods and services on the internal market. This Regulation should address the detrimental impact on the free movement of goods, services or persons in the internal market. Amendment 9 Proposal for a regulation Recital 7 (7)  Since any specific aspects of future crises that would impact the Single Market and its supply chains are hard to predict, this Regulation should provide for a general framework for anticipating, preparing for, mitigating and minimising the negative impacts which any crisis may cause on the Single Market and its supply chains. . (7)  Since any specific aspects of future crises that would impact the internal market and its supply chains are hard to predict, this Regulation should provide for a general framework for anticipating, preparing for, mitigating and minimising the negative impacts which any crisis may cause on the internal market and its supply chains and for strengthening their resilience. Amendment 10 Proposal for a regulation Recital 8 (8)  The framework of measures set out under this Regulation should be deployed in a coherent, transparent, efficient, proportionate and timely manner, having due regard to the need to maintain vital societal functions, meaning including public security, safety, public order, or public health respecting, the responsibility of the Member States to safeguard national security and their power to safeguard other essential state functions, including ensuring the territorial integrity of the State and maintaining law and order. (8)  The measures set out in this Regulation should be deployed in a coherent, transparent, efficient, proportionate and timely manner, having due regard to the need to maintain vital societal functions, including public security, safety, public order, or public health, respecting the responsibility of the Member States to safeguard national security and their power to safeguard other essential state functions, including ensuring the territorial integrity of the state and maintaining law and order. This Regulation should therefore be without prejudice to matters related to national security and defence. Amendment 11 Proposal for a regulation Recital 9 (9)  To this end, this Regulation provides: (9)  To this end, this Regulation provides the necessary means to ensure the continued functioning of the internal market, the free circulation of goods, services and persons, including workers, and the availability of crisis-relevant goods and services to citizens, businesses and public authorities in times of crisis. —  the necessary means to ensure the continued functioning of the Single Market, the businesses that operate on the Single Market and its strategic supply chains, including the free circulation of goods, services and persons in times of crisis and the availability of crisis relevant goods and services to citizens, businesses and public authorities at the time of crisis; —  a forum for adequate coordination, cooperation and exchange of information; and —  the means for the timely accessibility and availability of the information which is needed for a targeted response and adequate market behaviour by businesses and citizens during a crisis. Amendment 12 Proposal for a regulation Recital 10 (10)  Where possible, this Regulation should allow for anticipation of events and crises, building on on-going analysis concerning strategically important areas of the Single Market economy and the Union’s continuous foresight work. deleted Amendment 13 Proposal for a regulation Recital 11 (11)  This Regulation should not duplicate the existing framework for medicinal products, medical devices or other medical counter-measures under the EU Health Security Framework, including Regulation (EU) …/… on serious cross-border health threats [SCBTH Regulation (COM/2020/727)], Council Regulation (EU) …/… on a framework of measures for ensuring the supply of crisis-relevant medical counter-measures [Emergency Framework Regulation (COM/2021/577)], Regulation (EU) …/… on the extended mandate of the ECDC [ECDC Regulation (COM/2020/726)] and Regulation (EU) 2022/123 on the extended mandate of the EMA [EMA Regulation].Therefore, medicinal products, medical devices or other medical counter-measures, when they have been placed on the list referred to in Article 6(1) of the Emergency Framework Regulation, shall be excluded from the scope of this Regulation, except in relation to the provisions relating to free movement during the Single Market emergency, and in particular those designed to re-establish and facilitate free movement as well as the notification mechanism. (11)  This Regulation should not duplicate the existing framework for medicinal products, medical devices or other medical counter-measures under the EU Health Security Framework, including Regulation (EU) 2022/123 and Regulation (EU) 2022/2371. Therefore, medicinal products, medical devices or other medical counter-measures, falling under their remit, shall be excluded from the scope of this Regulation, except in relation to the provisions relating to free movement during an internal market emergency, and in particular those designed to re-establish and facilitate free movement as well as the notification mechanism. Amendment 14 Proposal for a regulation Recital 12 (12)  This Regulation should complement the Integrated Political Crisis Response mechanism operated by the Council under Council Implementing Decision (EU) 2018/1993 as regards its work on Single Market impacts of cross-sectoral crises that require political decision-making. (12)  This Regulation should complement the Integrated Political Crisis Response arrangements operated by the Council under Council Implementing Decision (EU) 2018/1993 as regards its work on internal market impacts of cross-sectoral crises that require political decision-making. Amendment 15 Proposal for a regulation Recital 16 (16)  In order to account for the exceptional nature of and potential far-reaching consequences for the fundamental operation of the Singe Market of a Single Market emergency, implementing powers should exceptionally be conferred on the Council for the activation of Single Market emergency mode pursuant to Article 281(2) of the Treaty on the Functioning of the European Union. (16)  This Regulation should be without prejudice to labour law or working conditions, including health and safety at work, and to collective bargaining rights and the autonomy of the social partners. Amendment 16 Proposal for a regulation Recital 17 (17)  Article 21 TFEU lays down the right of EU citizens to move and reside freely within the territory of the Member States, subject to the limitations and conditions laid down in the Treaties and the measures adopted to give them effect. The detailed conditions and limitations are laid down in Directive 2004/38/EC. This Directive sets out the general principles applicable to these limitations and the grounds that may be used to justify such measures. These grounds are public policy, public security or public health. In this context, restrictions to freedom of movement can be justified if they are proportionate and non-discriminatory. This Regulation is not intended to provide for additional grounds for the limitation of the right to free movement of persons beyond those provided for in Chapter VI of Directive 2004/38/EC. (17)   Where the activities to be carried out pursuant to this Regulation involve the processing of personal data, such processing should comply with the relevant Union legislation on personal data protection, namely Regulation (EU) 2016/679 of the European Parliament and of the Council1a and Regulation (EU) 2018/1725 of the European Parliament and of the Council1b. __________________ 1a Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (OJ L 119, 4.5.2016, p. 1). 1b Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39). Amendment 17 Proposal for a regulation Recital 18 (18)  As regards the measures for re-establishing and facilitating free movement of persons and any other measures affecting the free movement of persons provided under this Regulation, they are based on Article 21 TFEU and complement Directive 2004/38/EC without affecting its application at the time of Single Market emergencies. Such measures should not result in authorising or justifying restrictions to free movement contrary to the Treaties or other provisions of Union law. (18)  This Regulation lays down rights and obligations for economic operators, in particular natural or legal persons, including any temporary association of undertakings, which offer products or services of critical importance on the market. Furthermore, it defines critically important areas which are of systemic and vital importance for the functioning of the internal market, in particular areas related to the cross-border free movement of goods, services or persons, for example in the areas of food, transport, maintenance, health, or information technologies. Amendment 18 Proposal for a regulation Recital 19 (19)  Article 45 TFEU lays down the right to free movement of workers, subject to the limitations and conditions laid down in the Treaties and the measures adopted to give them effect. This Regulation contains provisions which complement the existing measures in order to reinforce free movement of persons, increase transparency and provide administrative assistance during Single Market emergencies. Such measures include setting up and making available of the single points of contact to workers and their representatives in the Member States and at Union level during the Single Market vigilance and emergency modes under this regulation. (19)  In order to ensure the smooth functioning of the internal market, this Regulation should set up an Internal Market Emergency and Resilience Board (‘the Board’) to advise the Commission on the appropriate measures for anticipating, preventing or responding to the impact of a crisis. The European Parliament should be able to appoint an expert as a member of the Board. The Commission should invite representatives of other crisis-relevant bodies at Union level as observers to the relevant meetings of the Board, including, where appropriate, representatives of Committee of the Regions and of the European Economic and Social Committee. The Commission should ensure that the European Parliament receives all documents at the same time as Member States’ representatives. The European Parliament should also systematically have access to the meetings of the Board to which Member States' experts are invited. The participation of representatives of EFTA States as observers should be ensured in accordance with the Agreement on the European Economic Area, as well as with the bilateral agreements between the Union and the Swiss Confederation. The Board should in particular assist and advise the Commission regarding measures that have an impact on the free movement of goods, services and persons, including workers, with a special focus on mobile workers, including frontier and cross-border workers. Amendment 19 Proposal for a regulation Recital 20 (20)  If Member States adopt measures affecting free movement of goods or persons, goods or the freedom to provide services in preparation for and during Single Market emergencies, they should limit such measures to what is necessary and remove them as soon as the situation allows it. Such measures should respect the principles of proportionality and non-discrimination and should take into consideration the particular situation of border regions. (20)   It is essential to guarantee greater transparency and accountability, particularly in times of crises, in line with the values on which the Union is based. The European Parliament plays a key role in ensuring democratic accountability. This Regulation should therefore lay down rules to enhance the emergency and resilience dialogue between the Commission, the European Parliament and the Council. Amendment 20 Proposal for a regulation Recital 21 (21)   The activation of the Single Market emergency mode should trigger an obligation for the Member States to notify crisis-relevant free movement restrictions. (21)   To ensure effective coordination and information exchange in cases of emergency, this Regulation lays down an obligation for Member States to designate central liaison offices, responsible for contact with the Union level central liaison office designated by the Commission and with the central liaison offices of other Member States. Amendment 21 Proposal for a regulation Recital 22 (22)  When examining the compatibility of any notified draft or adopted measures with the principle of proportionality, the Commission should pay due regard to the evolving crisis situation and often limited information that is at the disposal of the Member States when they seek to reduce the emerging risks in the context of the crisis. Where justified and necessary in the circumstances, the Commission may consider based on any available information, including specialised or scientific information, the merits of Member State arguments relying on the precautionary principle as a reason for adoption of free movement of persons restrictions. It is the task of the Commission to ensure that such measures comply with Union law and do not create unjustified obstacles to the functioning of the Single Market. The Commission should react to the notifications of Member States as quickly as possible, taking into account the circumstances of the particular crisis, and at the latest within the time-limits set out by this Regulation. (22)   Resilience is key to ensuring that the internal market delivers on one of its ultimate goal of supporting the Union’s economy. This Regulation should allow for anticipation of events and crises, building on ongoing analysis concerning critically important areas of the internal market economy and the Union’s continuous foresight work. In order to ensure the crisis-preparedness of all actors, it is necessary to set out rules on stress tests to be conducted at least every two years, and on trainings and crisis protocols involving not only relevant national authorities, but also stakeholders such as businesses, social partners and experts. It is also essential to lay down rules on strategic reserves of goods of critical importance, in order to ensure a proper exchange of information and provide support to Member States in order to assist them in coordinating and streamlining their efforts. Amendment 22 Proposal for a regulation Recital 23 (23)  In order to ensure that the specific Single Market emergency measures provided for in this Regulation are used only where this is indispensable for responding to a particular Single Market emergency, such measures should require individual activation by means of Commission implementing acts, which indicate the reasons for such activation and the crisis-relevant goods or services that such measures apply to. (23)   In order to determine critical sectors, a methodology should be established taking into account specific criteria, namely the trade flows, demand and supply, concentration of supply, Union and global production and production capacities at different stages of the value chain and the interdependencies between economic operators. Amendment 23 Proposal for a regulation Recital 24 (24)  Furthermore, in order to ensure the proportionality of the implementing acts and due respect for the role of economic operators in crisis management, the Commission should only resort to the activation of the Single Market emergency mode, where economic operators are not able to provide a solution on a voluntary basis within a reasonable time. Why this is the case should be indicated in each such act, and in relation to all particular aspects of a crisis. (24)   It is important to identify and monitor the supply chains of goods, services of critical importance during the vigilance mode, as well as the free movement of categories of workers of critical importance, preceding an internal market emergency. In order to account for the activation of the vigilance mode and the potential consequences for the proper functioning of the internal market that it triggers, implementing powers should be conferred on the Commission for the activation of that mode pursuant to Article 291(2) of the Treaty on the Functioning of the European Union. The vigilance mode should be activated for a maximum duration of six months with the possibility of an extension of the same duration, taking into due consideration the opinion provided by the Board. The Commission should present a report to the European Parliament and the Council of its findings concerning the monitoring, carried out during the vigilance mode, of the supply chains of goods, services of critical importance, the free movement of categories of workers of critical importance and the inventory of the most relevant economic operators. Amendment 24 Proposal for a regulation Recital 25 (25)  Information requests to economic operators should be used by the Commission only where the information which is necessary for responding adequately to the Single Market emergency, such as information necessary for procurement by the Commission on behalf of the Member States or estimating the production capacities of manufacturers of crisis-relevant goods the supply chains of which have been disrupted, cannot be obtained from publicly available sources or as a result of information provided voluntarily. (25)   The Commission should carefully assess the severity of disruptions to the functioning of the internal market and the impact of a crisis on the basis of concrete and reliable evidence, and duly taking into account the criteria laid down in this Regulation. Amendment 25 Proposal for a regulation Recital 26 (26)   The activation of the Single Market emergency mode, where needed, should also trigger the application of certain crisis-response procedures which introduce adjustments to the rules governing the design, manufacture, conformity assessment and the placing on the market of goods subject to Union harmonised rules. These crisis-response procedures should enable products, designated as crisis-relevant goods to be placed swiftly on the market in an emergency context. The conformity assessment bodies should prioritise the conformity assessment of crisis-relevant goods over any other ongoing applications for other products. On the other hand, in cases, where there are undue delays in the conformity assessment procedures, the national competent authorities should be able to issue authorisations for products, which have not undergone the applicable conformity assessment procedures to be placed on their respective market, provided that they comply with the applicable safety requirements. Such authorisations shall be only valid on the territory of the issuing Member State and limited to the duration of the Single Market emergency. In addition, in order to facilitate the increase in supply of crisis-relevant products, certain flexibilities should be introduced with respect to the mechanism of presumption of conformity. In the context of a Single Market emergency, the manufacturers of crisis-relevant goods should be able to rely also on national and international standards, which provide an equivalent level of protection to the harmonised European standards. In cases where the later do not exist or the compliance with them is rendered excessively difficult by the disruptions to the Single Market, the Commission should be able to issue common technical specifications of voluntary or of mandatory application in order to provide ready-to-use technical solutions to the manufacturers. (26)   In order to account for the exceptional nature of and potential far-reaching consequences of the activation of the internal market emergency mode, which could negatively affect the free movement of goods, services and persons, and in order to ensure appropriate public scrutiny, the internal market emergency mode should only be activated by a legislative act in the form of a decision on a proposal made by the Commission and promptly adopted jointly by the European Parliament and the Council. To address the need for quick decision-making in times of crisis, decisions to activate the internal market emergency mode could be adopted by making use of urgency procedures, as these procedures have already been successfully used in the past. Amendment 26 Proposal for a regulation Recital 27 (27)  The introduction of these crisis-relevant adjustments to the relevant sectorial Union harmonised rules requires targeted adjustments to the following 19 sectorial frameworks: Directive 2000/14/EC, Directive 2006/42/EU, Directive 2010/35/EU, Directive 2013/29/EU, Directive 2014/28/EU, Directive 2014/29/EU, Directive 2014/30/EU, Directive 2014/31/EU, Directive 2014/32/EU, Directive 2014/33/EU, Directive 2014/34/EU, Directive 2014/35/EU, Directive 2014/53/EU, Directive 2014/68/EU, Regulation (EU) 2016/424, Regulation (EU) 2016/425, Regulation (EU) 2016/426, Regulation (EU) 2019/1009 and Regulation (EU) 305/2011. The activation of the emergency procedures should be conditional upon the activation of the Single Market emergency and should be limited to the products designated as crisis-relevant goods. (27)   The activation of the emergency procedures should be conditional upon the activation of the internal market emergency mode and should be limited to the products designated as crisis-relevant goods. Therefore the activation of the internal market emergency mode, where necessary, should also trigger the application of certain crisis-response procedures governing the design, manufacture, conformity assessment and placing on the market of goods subject to Union harmonised rules or falling under the general safety framework rules, limited to the products designated as crisis-relevant goods. Amendment 27 Proposal for a regulation Recital 28 (28)  In cases where there are substantial risks to the functioning of the Single Market or in cases of severe shortages or an exceptionally high demand of goods of strategic importance, measures at Union level aimed to ensure the availability of crisis-relevant products, such as priority rated orders, may prove to be indispensable for the return to the normal functioning of the Single Market. (28)   Restrictions on the free movement of goods, services and persons imposed by Member States should be prohibited, unless they are non-discriminatory, justified and proportionate. It should not be possible to suspend the fundamental freedoms laid down in the Treaty in times of crisis and Member States should not use the emergency situation as a pretext for adopting restrictions going beyond the rules of Treaty. Any response to an internal market emergency should strictly comply with such rules, as well as with the rules laid down in this Regulation. If Member States adopt measures affecting the free movement of goods or persons, or the freedom to provide services in preparation for and during internal market emergencies, they should limit such measures to what is necessary and remove them as soon as the emergency mode is deactivated or earlier, when they are no longer needed. Such measures should respect the principles of proportionality and non-discrimination and should take into consideration the particular situation of border regions. Amendment 28 Proposal for a regulation Recital 29 (29)  In order to leverage the purchasing power and negotiating position of the Commission during the Single Market vigilance mode and the Single Market emergency mode, Member States should be able to request the Commission to procure on their behalf. (29)  Representative organisations of economic operators have suggested that economic operators did not have sufficient information on the crisis response measures of the Member States during the pandemics, partly due to not knowing where to obtain such information, partly due to language constraints and the administrative burden implied in making repeated inquiries in all the Member States, especially in a constantly changing regulatory environment. This prevented them from making informed business decisions as to what extent they may rely on their free movement rights or continue cross-border business operations during the crisis. It is necessary to improve the availability of information on national and Union level crisis response measures. Amendment 29 Proposal for a regulation Recital 30 (30)  Where there is a severe shortage of crisis-relevant products or services on the Single market during a Single Market emergency, and it is clear that the economic operators that operate on the Single market do not produce any such goods, but would in principle be able to repurpose their production lines or would have insufficient capacity to provide the goods or services needed, the Commission should be able to recommend to the Member States as a last resort to take measures to facilitate or request the ramping up or repurposing of production capacity of manufacturers or the capacity of the service providers to provide crisis-relevant services. In doing so the Commission would inform the Member States as to the severity of the shortage and the type of the crisis-relevant goods or services that are needed and would provide support and advice in relation to the flexibilities in the EU acquis for such purposes. (30)  Article 21 TFEU lays down the right of Union citizens to move and reside freely within the territory of the Member States, subject to the limitations and conditions laid down in the Treaties and the measures adopted to give them effect. The detailed conditions and limitations are laid down in Directive 2004/38/EC. That Directive sets out the general principles applicable to those limitations and the grounds that may be used to justify such measures. Those grounds are public policy, public security or public health. In this context, restrictions to the freedom of movement can be justified if they are proportionate and non-discriminatory. This Regulation is not intended to provide for additional grounds for the limitation of the right to free movement of persons beyond those provided for in Chapter VI of Directive 2004/38/EC. Amendment 30 Proposal for a regulation Recital 31 (31)  The measures ensuring regulatory flexibility would allow the Commission to recommend that Member States accelerate the procedures for granting permits that would be necessary for enhancement of the capacity to produce crisis-relevant goods or provide crisis-relevant services. (31)  The measures for facilitating the free movement of persons and any other measures affecting the free movement of persons provided under this Regulation are based on Article 21 TFEU and complement Directive 2004/38/EC, without affecting its application in the event of internal market emergencies. Such measures should not result in authorising or justifying restrictions to free movement contrary to the Treaties or other provisions of Union law. Amendment 31 Proposal for a regulation Recital 32 (32)  Additionally, to ensure that crisis-relevant goods are available during the Single Market emergency, the Commission may invite the economic operators that operate in crisis-relevant supply chains to prioritise the orders of inputs necessary for the production of final goods that are crisis relevant, or the orders of such final goods themselves. Should an economic operator refuse to accept and prioritise such orders, following objective evidence that the availability of crisis-relevant goods is indispensable, the Commission may decide to invite the economic operators concerned to accept and prioritise certain orders, the fulfilment of which will then take precedence over any other private or public law obligations. In the event of failure to accept, the operator in question should explain its legitimate reasons for declining the request. The Commission may make such reasoned explanation or parts of it public, with due regard to business confidentiality. (32)   Article 45 TFEU lays down the right to free movement of workers, subject to the limitations and conditions laid down in the Treaties and the measures adopted to give them effect. This Regulation contains provisions which complement the existing measures in order to facilitate the free movement of persons, increase transparency and provide administrative assistance during internal market emergencies. Such measures include setting up the single points of contact and making them available to workers and their representatives in the Member States and at Union level during the internal market vigilance and emergency modes under this Regulation. Member States and the Commission are encouraged to use existing instruments for the set up and operation of these contact points. Such contact points should be active outside the emergency mode and should serve to help communication between the Member States and with the Board. Amendment 32 Proposal for a regulation Recital 33 (33)   Furthermore, to ensure availability of crisis-relevant goods during the Single Market emergency, the Commission may recommend that Member States distribute strategic reserves, having with due regard to the principles of solidarity, necessity and proportionality. (33)   In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission as regards the possibility to adopt supportive measures for facilitating the free movement of persons. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council. Amendment 33 Proposal for a regulation Recital 34 (34)  Where the activities to be carried out pursuant to this Regulation involve the processing of personal data, such processing should comply with the relevant Union legislation on personal data protection, namely Regulation (EU) 2018/1725 of the European Parliament and of the Council41 and Regulation (EU) 2016/679 of the European Parliament and of the Council42 . (34)  The activation of the internal market vigilance or emergency mode should trigger an obligation for the Member States to notify the Commission of the adoption of measures regarding crisis-relevant restrictions on the free movement of goods, the freedom to provide services and the free movement of persons, including workers, accompanied by a statement justifying the introduction of such measures. The statement on the proportionality of such measures should take into account the impact of the measures, their scope and their expected duration. __________________ 41 Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39). 42 Regulation (EU) 2016/769 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (OJ L 119, 4.5.2016, p. 1). Amendment 34 Proposal for a regulation Recital 35 (35)  In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission as regards the possibility to adopt supportive measures for facilitating free movement of persons, for establishing a list of individual targets (quantities and deadlines) for those strategic reserves that the Member States should maintain, so that the objectives of the initiative are achieved. Furthermore, implementing powers should be conferred on the Commission as regards activating the vigilance mode and vigilance measures in order to carefully monitor the strategic supply chains and coordinate the building up of strategic reserves for goods and services of strategic importance. Moreover, implementing powers should be conferred on the Commission as regards activation of specific emergency response measures at the time of a Single Market emergency, to allow for a rapid and coordinated response. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council. (35)   When examining the compatibility of any notified draft or adopted measures with the principle of proportionality, the Commission should pay due regard to the evolving crisis situation and often limited information that is at the disposal of the Member States when they seek to reduce the emerging risks in the context of the crisis. Where justified and necessary in the circumstances, the Commission may consider, based on any available information, including specialised or scientific information, the merits of Member State arguments. It is the task of the Commission to ensure that such measures comply with Union law and do not create unjustified obstacles to the functioning of the internal market. The Commission should react to the notifications of Member States as quickly as possible, taking into account the circumstances of the particular crisis, and at the latest within the time-limits set out in this Regulation. Amendment 35 Proposal for a regulation Recital 36 (36)  This Regulation respects fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union (the ‘Charter’). In particular, it respects the right to privacy of the economic operators enshrined in Article 7 of the Charter, right to data protection set out in Article 8 of the Charter, the freedom to conduct business and the freedom of contract, which are protected by Article 16 of the Charter, the right to property, protected by Article 17 of the Charter, right to collective bargaining and action protected by Article 26 of the Charter and the right to an effective judicial remedy and to a fair trial as provided for in Article 47 of the Charter. Since the objective of this Regulation cannot be sufficiently achieved by the Member States and can rather, by reason of the scale or effects of the action, be better achieved at Union level, the Union may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective. The Regulation should not affect the autonomy of the social partners as recognised by the TFEU. (36)  If the Commission finds that the notified measures are not in accordance with Union law, it may issue a decision requiring the Member State concerned to modify or to refrain from adopting the notified draft measure. The adoption of decisions is without prejudice to the prerogatives of the Commission as guardian of the Treaties, having the responsibility of ensuring respect for the free movement of goods, services and persons. To guarantee the effective implementation of this Regulation, the Commission should provide an effective response to breaches of Union law through infringement proceedings. Amendment 36 Proposal for a regulation Recital 37 (37)  The Union remains fully committed to international solidarity and strongly supports the principle that any measures deemed necessary taken under this Regulation, including those necessary to prevent or relieve critical shortages, are implemented in a manner that is targeted, transparent, proportionate, temporary and consistent with WTO obligations. (37)   To ensure that citizens, consumers, economic operators and workers and their representatives are provided with assistance in the event of an emergency, it is important to establish national single points of contact and a Union level single point of contact. Member States should ensure that it is possible for anyone affected by national crisis response measures to receive relevant information from the competent authorities, provided in clear, understandable and intelligible language, and in easily accessible manner for people with disabilities. Amendment 37 Proposal for a regulation Recital 38 (38)  The Union framework shall include interregional elements to establish coherent, multi-sectoral, cross-border Single Market vigilance and emergency response measures, in particular considering the resources, capacities and vulnerabilities across neighbouring regions, specifically border regions. (38)   In order to ensure that the specific internal market emergency measures provided for in this Regulation are used only where this is indispensable for responding to a particular internal market emergency, such measures should require individual activation by means of Commission implementing acts, which indicate the reasons for such activation and the crisis-relevant goods or services that such measures apply to. Amendment 38 Proposal for a regulation Recital 39 (39)  The Commission shall also where appropriate enter into consultations or cooperation, on behalf of the Union, with relevant third countries, with particular attention paid to developing countries, with a view to seeking cooperative solutions to address supply chain disruptions, in compliance with international obligations. This shall involve, where appropriate, coordination in relevant international fora. (39)   Furthermore, in order to ensure the proportionality of the implementing acts and due respect for the role of economic operators in crisis management, the Commission should only resort to the activation of the internal market emergency mode measures where economic operators are not able to provide a solution on a voluntary basis within a reasonable time. The reasons for such activation should be indicated in each act, and should take all particular aspects of a crisis into account. Amendment 39 Proposal for a regulation Recital 40 (40)  In order to put in place a framework of crisis protocols the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission to supplement the regulatory framework set out in this Regulation by further specifying the modalities of cooperation of the Member States and Union authorities during the Single Market vigilance and emergency modes, secure exchange of information and risk and crisis communication. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making . In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. (40)  Information requests to economic operators should be used by the Commission as a last resort only where the information which is necessary for responding adequately to the internal market emergency, such as information necessary for procurement by the Commission on behalf of the Member States or estimating the production capacities of manufacturers of crisis-relevant goods whose supply chains have been disrupted, cannot be obtained from publicly available sources or as a result of information provided voluntarily any other way, in cooperation with the Board and the Member States. Amendment 40 Proposal for a regulation Recital 41 (41)  Council Regulation (EC) 2679/98 which provides for a mechanism for bilateral discussions of obstacles to the functioning of the Single Market has been rarely used and is outdated. Its evaluation demonstrated that the solutions provided by that Regulation are not able to cater for the realities of complex crises, which are not limited to incidents happening at the borders of two neighbouring Member States. It should therefore be repealed. (41)   Where there are substantial risks to the functioning of the internal market or where there are severe shortages or an exceptionally high demand for goods of critical importance, measures at Union level aiming to ensure the availability of crisis-relevant goods, such as priority-rated orders, may prove to be indispensable in order to return to the normal functioning of the internal market. Amendment 41 Proposal for a regulation Recital 41 a (new) (41a)  Where there is a severe shortage of crisis-relevant goods and services on the internal market during an internal market emergency, and it is clear that the economic operators that operate on the internal market do not produce such goods, but would in principle be able to repurpose their production lines or would have sufficient capacity to provide the necessary goods or services, the Commission should be able to recommend to the Member States, as a last resort, to take measures to facilitate or request the ramping up or repurposing of the production capacity of manufacturers or the capacity of service providers to provide crisis-relevant services. In doing so, the Commission should inform the Member States as to the severity of the shortage and the type of the crisis-relevant goods and services that are necessary and should provide support and advice in relation to the flexibilities in the Union acquis for such purposes. Amendment 42 Proposal for a regulation Recital 41 b (new) (41b)  The measures ensuring regulatory flexibility would allow the Commission to recommend that Member States accelerate the procedures for granting permits necessary for the enhancement of the capacity to produce crisis-relevant goods or provide crisis-relevant services. Amendment 43 Proposal for a regulation Recital 41 c (new) (41c)   Additionally, to ensure that crisis-relevant goods are available during the internal market emergency, the Commission may invite the economic operators that operate crisis-relevant supply chains to prioritise orders for crisis-relevant goods or orders for inputs necessary for the production of crisis-relevant goods. In the event that an economic operator refuses to accept the invitation to prioritise such orders, despite objective evidence that the availability of crisis-relevant goods is indispensable, the Commission may invite the economic operators concerned to accept and prioritise certain orders, the fulfilment of which will then take precedence over any other private or public law obligations. In the event of failure to accept, the operator in question should give legitimate reasons for declining the request. Amendment 44 Proposal for a regulation Recital 41 d (new) (41d)  In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission as regards the activation of specific emergency response measures, namely priority-rated orders, during an internal market emergency, to allow for a rapid and coordinated response. The priority-rated order should be placed at a fair and reasonable price, including, where relevant, appropriate compensation for all additional costs incurred by the economic operator, including costs arising from, for example, contracts outside of the Union or changing production lines. Those powers should be exercised in accordance with Regulation (EU) No 182/2011. Amendment 45 Proposal for a regulation Recital 41 e (new) (41e)  Furthermore, where severe shortages of crisis-relevant goods and services affect a Member State, the Member State concerned may inform the Commission thereof and indicate the quantities needed. The Commission should transmit the information to all competent authorities and streamline the coordination of Member States’ responses. To ensure availability of crisis-relevant goods during an internal market emergency, the Commission may also recommend that Member States distribute strategic reserves, having due regard to the principles of solidarity, necessity and proportionality. Amendment 46 Proposal for a regulation Recital 41 f (new) (41f)  In order to leverage the purchasing power and negotiating position of the Commission during the internal market vigilance and emergency modes, Member States should be able to request that the Commission procures on their behalf. It is also essential to ensure that Member States coordinate their actions with the support of the Commission and the Board prior to launching procedures for the procurement of crisis-relevant goods and services. Transparency is a core principle of effective public procurement that improves competition, increases efficiency and creates a level playing field. The European Parliament should be informed about procedures concerning joint procurements under this Regulation and, upon request, be granted access to the contracts concluded as a result of those procedures, subject to the adequate protection of commercially sensitive information, including business secrets. Amendment 47 Proposal for a regulation Recital 41 g (new) (41g)  It is necessary to lay down rules on digital tools in order to ensure preparedness when responding to possible future emergencies in a timely and efficient manner, as well as to guarantee the continued functioning of the internal market, the free circulation of goods, services and persons in times of crisis and the availability of crisis relevant goods and services to citizens, businesses and public authorities. When establishing such tools, the Commission should seek to ensure interoperability with already existing digital tools, such as the Internal Market Information System (IMI) in order to avoid duplication of requirements and any additional administrative burden. This Regulation should also set out rules for the adequate coordination, cooperation and exchange of information, and establish digital tools to guarantee the functioning of fast lanes for critical goods and services, aiming to accelerate authorisation, registration or declaration procedures. Furthermore, in order to enhance involvement of all economic actors, in particular businesses and civil society, the Commission should set up a stakeholder platform to facilitate and encourage voluntary response to internal market emergencies. Amendment 48 Proposal for a regulation Recital 41 h (new) (41h)  This Regulation respects fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union (the ‘Charter’). In particular, it respects the right to privacy of the economic operators enshrined in Article 7 of the Charter, the right to data protection set out in Article 8 of the Charter, the freedom to conduct business and the freedom of contract, which are protected by Article 16 of the Charter, the right to property, protected by Article 17 of the Charter, the right to collective bargaining and action, protected by Article 28 of the Charter and the right to an effective judicial remedy and to a fair trial as provided for in Article 47 of the Charter. Amendment 49 Proposal for a regulation Recital 41 i (41i)  Since the objective of this Regulation cannot be sufficiently achieved by the Member States and can rather, by reason of the scale or effects of the action, be better achieved at Union level, the Union may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective. Amendment 50 Proposal for a regulation Recital 41 j (new) (41j)   The Commission should carry out an evaluation of the effectiveness of this Regulation and submit a report to the European Parliament and the Council, including an evaluation of the work of the Board, stress tests, training and crisis protocols, the criteria for the activation of the emergency mode as well as the use of digital tools. Furthermore, reports should be submitted after the deactivation of the emergency modes. Those reports should include an evaluation of the functioning of the emergency response system and of the impact of the emergency measures on fundamental rights, such as the freedom to conduct business, the freedom to seek employment and to work, and the right to collective bargaining and action, including the right to strike. This Regulation should not be interpreted as affecting the right of collective bargaining and the right to take collective action in accordance with the Charter of Fundamental Rights of the European Union (‘the Charter’), including the right of workers and employees to take collective action to defend their interests, including strike action. Furthermore, this Regulation should not affect the autonomy of the social partners as recognised by the TFEU. Amendment 51 Proposal for a regulation Recital 41 k (new) (41k)   Any actions under this Regulation should be consistent with the Union’s obligations under the relevant international law. The Union remains fully committed to international solidarity and strongly supports the principle that any measures deemed necessary taken under this Regulation, including those necessary to prevent or relieve critical shortages, are implemented in a manner that is targeted, transparent, proportionate, temporary and consistent with WTO obligations. Amendment 52 Proposal for a regulation Recital 41 l (new) (41l)   The Union framework should include interregional elements to establish coherent, multi-sectoral, cross-border internal market vigilance and emergency response measures, in particular considering the resources, capacities and vulnerabilities across neighbouring regions, specifically border regions. Amendment 53 Proposal for a regulation Recital 41 m (new) (41m)   In order to put in place a framework of crisis protocols, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission to supplement this Regulation by further specifying the modalities of cooperation of the Member States and Union authorities during the internal market vigilance and emergency modes, as well as the modalities of the secure exchange of information and of the risk and crisis communication. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making . In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. Amendment 54 Proposal for a regulation Recital 41 n (new) (41n)   Council Regulation (EC) No 2679/98 provides for a mechanism for bilateral discussions and notification of obstacles to the functioning of the internal market. In order to avoid the duplication of notification requirements in crisis situations, that Regulation should therefore be amended accordingly. Regulation (EC) No 2679/98 should not in any way affect the exercise of fundamental rights as recognised at Union level, including the right or freedom to strike or to take other action covered by the specific industrial relations systems in Member States, in accordance with national law. It should also be without prejudice to the right to negotiate, to conclude and enforce collective agreements, or to take collective action in accordance with national law. Amendment 55 Proposal for a regulation Article 1 – paragraph 1 1.  This Regulation establishes a framework of measures to anticipate, prepare for and respond to impacts of crises on the Single Market, with the purpose of safeguarding the free movement of goods, services and persons and of ensuring the availability of goods and services of strategic importance and crisis-relevant goods and services in the Single Market. 1.  The aim of this Regulation is to contribute to the proper functioning of the internal market by setting out a framework of harmonised rules to strengthen its resilience, to effectively anticipate and prevent crises, to ensure an effective response to crises, and to facilitate the free movement of goods, services and persons. Amendment 56 Proposal for a regulation Article 1 – paragraph 2 2.  The measures referred to in paragraph 1 include: deleted (a)  an advisory group to advise the Commission on the appropriate measures for anticipating, preventing or responding to the impact of a crisis on the Single Market; (b)  measures for obtaining, sharing and exchanging the relevant information; (c)  contingency measures aiming at anticipation and planning; (d)  measures for addressing Single Market impacts of significant incidents that have not yet resulted in a Single Market emergency (Single Market vigilance), including a set of vigilance measures and (e)  measures for addressing Single Market emergencies, including a set of emergency response measures. Amendment 57 Proposal for a regulation Article 1 – paragraph 3 3.  Member States shall regularly exchange information on all matters falling within the scope of this Regulation among themselves and with the Commission. deleted Amendment 58 Proposal for a regulation Article 1 – paragraph 4 4.  The Commission may obtain any relevant specialised and/or scientific knowledge, which is necessary for the application of this Regulation. deleted Amendment 59 Proposal for a regulation Article 2 – title Scope of application Scope Amendment 60 Proposal for a regulation Article 2 – paragraph 1 1.  The measures set out in this Regulation apply in relation to significant impacts of a crisis on the functioning of the Single Market and its supply chains. 1.  The measures set out in this Regulation apply in relation to significant impacts of a crisis on the functioning of the internal market, without prejudice to fundamental rights, including the freedom to conduct business, as laid down in the Charter of Fundamental Rights of the European Union. Amendment 61 Proposal for a regulation Article 2 – paragraph 2 – point a (a)  medicinal products as defined in Article 2, paragraph 2 of Directive 2001/83/EC; (a)  medicinal products as defined in Article 1, point 2 of Directive 2001/83/EC of the European Parliament and of the Council; Amendment 62 Proposal for a regulation Article 2 – paragraph 2 – point c (c)  other medical countermeasures as defined in Article 3, point (8), of Regulation (EU) …/… on Serious Cross-Border Threats to Health [the SCBTH Regulation]44 and included in the list established in accordance with Article 6(1) of the proposal for] Council Regulation (EU) …/… on a framework of measures for ensuring the supply of crisis-relevant medical countermeasures45 ; (c)  other medical countermeasures as defined in Article 3, point (10), of Regulation (EU) 2022/2371 of the European Parliament and of the Council 45; __________________ __________________ 44 [reference to adopted Act to be inserted once available] 45 [reference to adopted Act to be inserted once available] 45 Regulation (EU) 2022/2371 of the European Parliament and of the Council of 23 November 2022 on serious cross-border threats to health and repealing Decision No 1082/2013/EU (OJ L 314, 6.12.2022, p. 26). Amendment 63 Proposal for a regulation Article 2 – paragraph 2 – point f (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 listed in Annex I to Directive 2013/36, as well as settlement and clearing activities and advisory, intermediation and other auxiliary financial services. (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 listed in Annex I to Directive 2013/36/EU, as well as settlement and clearing activities and advisory, intermediation and other auxiliary financial services. Amendment 64 Proposal for a regulation Article 2 – paragraph 3 3.  By way of derogation from paragraph 2, points (a), (b) and (c), Articles 16 to 20 and Article 41 of this Regulation shall apply to the products referred to in those points. 3.  By way of derogation from paragraph 2, points (a), (b) and (c), Articles 16 to 20 and Articles 41 to 41c shall apply to the products referred to in those points. Amendment 65 Proposal for a regulation Article 2 – paragraph 3 a (new) 3a.  This Regulation is without prejudice to the Integrated Political Crisis Response arrangements set out in Council Implementing Decision (EU) 2018/1993. Amendment 66 Proposal for a regulation Article 2 – paragraph 5 5.  This Regulation is without prejudice to Union competition rules (Articles 101 to 109 TFEU and implementing regulations), including antitrust, merger and State aid rules. 5.  This Regulation is without prejudice to Union competition rules, including antitrust, merger and State aid rules. Amendment 67 Proposal for a regulation Article 2 – paragraph 6 – introductory part 6.  This Regulation is without prejudice to the Commission: 6.  This Regulation is without prejudice to Union law on the protection of personal data, in particular Regulations (EU) 2016/679 and (EU) 2018/1725 and Directive 2002/58/EC. Amendment 68 Proposal for a regulation Article 2 – paragraph 6 – point a (a)  entering into consultations or cooperation, on behalf of the Union, with relevant third countries, with particular attention paid to developing countries, with a view to seeking cooperative solutions to avoid supply chain disruptions, in compliance with international obligations. This may involve, where appropriate, coordination in relevant international fora; or deleted Amendment 69 Proposal for a regulation Article 2 – paragraph 6 – point b (b)  assessing whether it is appropriate to impose restrictions to exports of goods in line with the international rights and obligations of the Union under Regulation (EU) 2015/479 of the European Parliament and of the Council48 . deleted __________________ 48 OJ L 83, 27.3.2015, p. 34. Amendment 70 Proposal for a regulation Article 2 – paragraph 6 a (new) 6a.  This Regulation shall not in any way affect the exercise of fundamental rights as recognised by the Member States and at Union level, including 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 should not affect the right to negotiate, to conclude and enforce collective agreements, or to take collective action in accordance with national law and practice. Amendment 71 Proposal for a regulation Article 2 – paragraph 7 7.  Any actions under this Regulation shall be consistent with Union’s obligations under international law deleted Amendment 72 Proposal for a regulation Article 2 – paragraph 8 8.  This Regulation is without prejudice to the responsibility of the Member States to safeguard national security or their power to safeguard essential state functions, including ensuring the territorial integrity of the State and maintaining law and order. deleted Amendment 73 Proposal for a regulation Article 3 – paragraph 1 – point 1 (1)  ‘crisis’ means an exceptional unexpected and sudden, natural or man-made event of extraordinary nature and scale that takes place inside or outside of the Union; (1)  ‘crisis’ means an exceptional, natural or man-made event of extraordinary nature and scale that takes place inside or outside of the Union, which has a detrimental impact on the free movement of goods, services or persons in the internal market; Amendment 74 Proposal for a regulation Article 3 – paragraph 1 – point 2 (2)  ‘Single Market vigilance mode’ means a framework for addressing a threat of significant disruption of the supply of goods and services of strategic importance and which has the potential to escalate into a Single Market emergency within the next six months; (2)  ‘internal market vigilance mode’ means a framework for addressing the threat of a crisis leading to a significant disruption of the supply of goods and services of critical importance and which has the potential to escalate into an internal market emergency within the next six months; Amendment 75 Proposal for a regulation Article 3 – paragraph 1 – point 3 (3)  ‘Single Market emergency’ means a wide-ranging impact of a crisis on the Single Market that severely disrupts the free movement on the Single Market or the functioning of the supply chains that are indispensable in the maintenance of vital societal or economic activities in the Single Market; (3)  ‘internal market emergency mode’ means a framework for addressing a significant wide-ranging impact of a crisis on the internal market that severely disrupts the free movement of goods, services or persons, or the functioning of the supply chains that are indispensable in the maintenance of vital societal or economic activities in the internal market; Amendment 76 Proposal for a regulation Article 3 – paragraph 1 – point 4 (4)  ‘strategically important areas’ means those areas with critical importance to the Union and its Member States, in that they are of systemic and vital importance for public security, public safety, public order or public health, and the disruption, failure, loss or destruction of which would have a significant impact on the functioning of the Single Market; (4)  ‘critically important areas’ means areas that are of critical importance to the Union and its Member States and that are of systemic and vital importance for public security, public safety, public order, public health or the environment, and the disruption, failure, loss or destruction of which would have a significant impact on the functioning of the internal market, in particular on the free movement of goods, services or persons; Amendment 77 Proposal for a regulation Article 3 – paragraph 1 – point 5 (5)  ‘goods and services of strategic importance’ means goods and services that are indispensable for ensuring the functioning of the Single Market in strategically important areas and which cannot be substituted or diversified; (5)  ‘goods, services and workers of critical importance’ means goods, services and categories of workers that are indispensable for ensuring the functioning of the internal market in critically important areas and which cannot be substituted or, where relevant, diversified; Amendment 78 Proposal for a regulation Article 3 – paragraph 1 – point 6 (6)  ‘crisis-relevant goods and services’ means goods and services that are indispensable for responding to the crisis or for addressing the impacts of the crisis on the Single Market during a Single Market emergency ; (6)  ‘crisis-relevant goods and services’ means goods and services that are indispensable for responding to the crisis or for addressing the impacts of the crisis on the internal market during an internal market emergency; Amendment 79 Proposal for a regulation Article 3 – paragraph 1 – point 7 (7)  ‘strategic reserves’ means a stock of goods of strategic importance for which building a reserve may be necessary to prepare for a Single Market emergency, under the control of a Member State. (7)  ‘strategic reserves’ means a stock of goods of critical importance under the control of a Member State for which building a reserve may be necessary to prepare for an internal market emergency. Amendment 80 Proposal for a regulation Article 4 – title Advisory group Internal Market Emergency and Resilience Board Amendment 81 Proposal for a regulation Article 4 – paragraph 1 1.  An advisory group is established. 1.  An Internal Market Emergency and Resilience Board (the Board) is established. Amendment 82 Proposal for a regulation Article 4 – paragraph 2 2.  The advisory group shall be composed of one representative from each Member State. Each Member State shall nominate a representative and an alternate representative. 2.  The Board shall be composed of one representative from each Member State and one expert appointed by the European Parliament. Each Member State shall nominate a representative and an alternate representative. Amendment 83 Proposal for a regulation Article 4 – paragraph 3 3.  The Commission shall chair the advisory group and ensure its secretariat. The Commission may invite a representative of the European Parliament, representatives of EFTA States that are contracting parties to the Agreement on the European Economic Area49 , representatives of economic operators, stakeholder organisations, social partners and experts, to attend meetings of the advisory group as observers. It shall invite the representatives of other crisis-relevant bodies at Union level as observers to the relevant meetings of the advisory group. 3.  The Commission shall chair the Board and provide its secretariat. Where appropriate, the Commission may establish standing or temporary sub-groups of the Board for the purpose of examining specific questions. __________________ 49 OJ L 1, 3.1.1994, p. 3. Amendment 84 Proposal for a regulation Article 4 – paragraph 3 a (new) 3a.  The Commission shall invite representatives of other crisis-relevant bodies at Union level as observers to the relevant meetings of the Board, as well as representatives of third countries or international organisations, in accordance with bilateral or international agreements. Where relevant, the Commission shall also invite organisations representing interested parties, in particular representatives of economic operators, stakeholder organisations and social partners, to attend the meetings of the Board as observers. The Commission may also invite experts with a specific competence in a crisis-relevant subject to participate in the work of the Board on an ad hoc basis. Amendment 85 Proposal for a regulation Article 4 – paragraph 3 b (new) 3b.  The Board may adopt opinions, recommendations or reports, which shall be made publicly available, without prejudice to personal data or trade secrets. The Commission shall take utmost account of opinions, recommendations or reports of the Board in a transparent manner. Amendment 86 Proposal for a regulation Article 4 – paragraph 4 – introductory part 4.  For the purpose of contingency planning under Articles 6 to 8, the advisory group shall assist and advise the Commission as regards the following tasks: 4.  In order to strengthen the resilience of the internal market, for the purpose of contingency planning under Articles 6 to 8, the Board shall assist and advise the Commission as regards the following tasks: Amendment 87 Proposal for a regulation Article 4 – paragraph 4 – point a (a)  proposing arrangements for administrative cooperation between the Commission and the Member States at the time of the Single Market vigilance and emergency modes that would be contained in the crisis protocols; (a)  proposing arrangements for administrative cooperation between the Commission and the Member States at the time of the internal market vigilance and emergency modes that would be contained in the crisis protocols referred to in Article 6; Amendment 88 Proposal for a regulation Article 4 – paragraph 4 – point b (b)  assessingment of significant incidents that the Member States have alerted the Commission to. (b)  assessing incidents that the Member States or other relevant stakeholders have alerted the Commission to in accordance with in Article 8 and their impact on the free movement of goods, services and persons, including workers; Amendment 89 Proposal for a regulation Article 4 – paragraph 4 – point b a (new) (ba)  recommending Member States to build a reserve of critical goods in order to prepare for an internal market emergency, taking into account the probability and impact of shortages; Amendment 90 Proposal for a regulation Article 4 – paragraph 4 – point b b (new) (bb)  gathering foresight on the possibility of a crisis occurring, conducting data analysis and providing market intelligence; Amendment 91 Proposal for a regulation Article 4 – paragraph 4 – point b c (new) (bc)  consulting the representatives of economic operators, including SMEs, and representative organisations, as well as, where relevant, social partners, in order to collect market intelligence; Amendment 92 Proposal for a regulation Article 4 – paragraph 4 – point b d (new) (bd)  analysing aggregated data received by other crisis-relevant bodies at Union and international level; Amendment 93 Proposal for a regulation Article 4 – paragraph 4 – point b e (new) (be)  maintaining a repository of national and Union crisis measures that have been used in previous crises and that have had an impact on the internal market and its supply chains; Amendment 94 Proposal for a regulation Article 4 – paragraph 4 – point b f (new) (bf)  taking measures to strengthen the internal market’s resilience in accordance with this Regulation, such as organising trainings and simulations, and identifying relevant economic operators and supply chains as part of stress tests. Amendment 95 Proposal for a regulation Article 4 – paragraph 5 – introductory part 5.  For the purpose of of the Single Market vigilance mode as referred to in Article 9, the advisory group shall assist the Commission in the following tasks: 5.  For the purpose of the internal market vigilance mode as referred to in Article 9, the Board shall assist the Commission in the following tasks: Amendment 96 Proposal for a regulation Article 4 – paragraph 5 – point a (a)  establishing whether the threat referred to in Article 3(2) is present, and the scope of such threat; (a)  establishing whether the criteria are present for the activation or deactivation of the vigilance mode and in particular the threat referred to in Article 3(2), and the scope of such threat; Amendment 97 Proposal for a regulation Article 4 – paragraph 5 – point b (b)  gathering foresight, data analysis and market intelligence; deleted Amendment 98 Proposal for a regulation Article 4 – paragraph 5 – point c (c)  consulting the representatives of economic operators, including SMEs, and industry to collect market intelligence; deleted Amendment 99 Proposal for a regulation Article 4 – paragraph 5 – point d (d)  analysing aggregated data received by other crisis-relevant bodies at Union and international level; deleted Amendment 100 Proposal for a regulation Article 4 – paragraph 5 – point e (e)  facilitating exchanges and sharing of information, including with other relevant bodies and other crisis-relevant bodies at Union level, as well asthird countries, as appropriate, with particular attention paid to developing countries, and international organisations; (e)  facilitating exchanges and sharing of information, including with other relevant bodies and other crisis-relevant bodies at Union level, as well as third countries, as appropriate, with particular attention paid to developing countries, and international organisations; Amendment 101 Proposal for a regulation Article 4 – paragraph 5 – point f (f)  maintaining a repository of national and Union crisis measures that have been used in previous crises that have had an impact on the Single Market and its supply chains deleted Amendment 102 Proposal for a regulation Article 4 – paragraph 6 – introductory part 6.  For the purposes of the Single Market emergency mode as referred to in Article 14, the advisory group shall assist the Commission in the following tasks: 6.  For the purposes of the internal market emergency mode as referred to in Article 14, the Board shall assist the Commission in the following tasks: Amendment 103 Proposal for a regulation Article 4 – paragraph 6 – point b (b)  establishing whether the criteria for activation or deactivation of the emergency mode have been fulfilled; (b)  establishing whether the criteria for activation or deactivation of the emergency mode have been fulfilled, based on sufficient and reliable evidence; Amendment 104 Proposal for a regulation Article 4 – paragraph 6 – point c (c)  advising on the implementation of the measures chosen to respond to Single Market emergency at Union level; (c)  advising on the implementation of the measures chosen to respond to the internal market emergency at Union level; Amendment 105 Proposal for a regulation Article 4 – paragraph 6 – point e (e)  facilitating exchanges and sharing of information, including with other crisis-relevant bodies at Union level, as well as, as appropriate, third countries, with particular attention paid to developing countries, and international organisations. (e)  facilitating exchanges and sharing of information, including with other crisis-relevant bodies at Union level, as well as, as appropriate, third countries, with particular attention paid to EFTA members, candidate countries and developing countries, and international organisations. Amendment 106 Proposal for a regulation Article 4 – paragraph 7 7.  The Commission shall ensure the participation of all bodies at Union level that are relevant to the respective crisis. The advisory group shall cooperate and coordinate closely, where appropriate, with other relevant crisis-related bodies at Union level. The Commission shall ensure coordination with the measures implemented through other Union mechanisms, such as the Union Civil Protection Mechanism (UCPM) or the EU Health Security Framework. The advisory group shall ensure information exchange with the Emergency Response Coordination Centre under the UCPM. 7.  The Commission shall ensure the participation of the European Parliament and of all bodies at Union level that are relevant to the respective crisis. The Commission shall, in particular, ensure equal access to all information, so that the European Parliament and Council receive all documents at the same time. The Board shall cooperate and coordinate closely, where appropriate, with other relevant crisis-related bodies at Union level. The Commission shall ensure coordination with the measures implemented through other Union mechanisms, such as the Union Civil Protection Mechanism (UCPM), the EU Health Security Framework, or the mechanism under the Chips Act. The Board shall ensure information exchange with the Emergency Response Coordination Centre under the UCPM. Amendment 107 Proposal for a regulation Article 4 – paragraph 8 8.  The advisory group shall meet at least three times a year. At its first meeting, on a proposal by and in agreement with the Commission, the advisory group shall adopt its rules of procedure. 8.  The Board shall meet at least three times a year. At its first meeting, the Board shall adopt its rules of procedure. Amendment 108 Proposal for a regulation Article 4 – paragraph 8 a (new) 8a.  The Board shall, in cooperation with the Commission, adopt annually its activity report and transmit it to the European Parliament and the Council. Amendment 109 Proposal for a regulation Article 4 – paragraph 9 9.  The advisory group may adopt opinions, recommendations or reports in the context of its tasks set out in paragraphs 4 to 6. deleted Amendment 110 Proposal for a regulation Article 4 a (new) Article 4a Emergency and Resilience Dialogue 1.   In order to enhance dialogue between the Union institutions, in particular the European Parliament, the Council and the Commission, and to ensure greater transparency and accountability, the European Parliament may invite its appointed expert and the Commission to discuss the following: (a)   opinions, recommendations and reports adopted by the Board; (b)   the outcome of the stress tests; (c)   the activation of the vigilance mode, its extension and deactivation, and any measures adopted pursuant to Part III; (d)   the activation of the emergency mode, its extension and deactivation and any measures adopted pursuant Part IV; (e)   any measures restricting the free movement of goods, services and workers; 2.   The European Parliament may invite Member States’ representatives to participate in the dialogue referred to in paragraph 1. Amendment 111 Proposal for a regulation Article 5 – paragraph 1 1.  Member States shall designate central liaison offices responsible for contacts, coordination and information exchange with the central liaison offices of other Member States and Union level central liaison office under this Regulation. Such liaison offices shall coordinate and compile the inputs from relevant national competent authorities. 1.  Member States shall designate central liaison offices responsible for contacts, coordination and information exchange with the central liaison offices of other Member States and the Union level central liaison office under this Regulation. Such liaison offices shall coordinate and compile the inputs from relevant national competent authorities, including, where relevant, at regional and local level. Such liaison offices shall also transmit all crisis-relevant information to the national single points of contact referred to in Article 21, in real time where possible. Amendment 112 Proposal for a regulation Article 5 – paragraph 2 2.  The Commission shall designate a Union level central liaison office for contacts with the central liaison offices of the Member States during the Single Market vigilance and emergency modes under this Regulation. The Union level central liaison office shall ensure the coordination and information exchange with the central liaison offices of the Member States for the management of the Single Market vigilance and emergency modes. 2.  The Commission shall designate a Union level central liaison office for contacts with the central liaison offices of the Member States during the internal market vigilance and emergency modes under this Regulation, and where applicable with other bodies at Union level that are relevant to the respective crisis. The Union level central liaison office shall ensure the coordination and information exchange with the central liaison offices of the Member States for the management of the internal market vigilance and emergency modes, including as regards crisis relevant information, to be made publicly available pursuant to Article 41. Amendment 113 Proposal for a regulation Article 6 – paragraph 1 – introductory part 1.  The Commission taking into consideration the opinion of the advisory group and the input of relevant Union level bodies, is empowered after consulting the Member States, to adopt a delegated act to supplement this Regulation with a framework setting out crisis protocols regarding crisis cooperation, exchange of information and crisis communication for the Single Market vigilance and emergency modes, in particular: 1.  The Commission, taking due consideration of the opinion of the Board and the input of relevant Union level bodies, after consulting the Member States, is empowered to adopt a delegated act to supplement this Regulation with a general framework setting out crisis protocols regarding crisis preparedness, cooperation, exchange of information and crisis communication for the internal market vigilance and emergency modes, and in particular regarding the following: Amendment 114 Proposal for a regulation Article 6 – paragraph 1 – point a (a)  cooperation between national and Union level competent authorities for the management of the Single Market vigilance and emergency modes in vigilance and emergency modes across the sectors of the Single Market; (a)  cooperation between national competent authorities, including those at local and regional level, and Union level competent authorities for the management of the internal market vigilance and emergency modes; Amendment 115 Proposal for a regulation Article 6 – paragraph 1 – point c (c)  a coordinated approach to risk and crisis communication also vis-à-vis the public with a coordinating role for the Commission; (c)  a coordinated approach to crisis communication also vis-à-vis the public and relevant stakeholders, including economic operators, with a coordinating role for the Commission. Amendment 116 Proposal for a regulation Article 6 – paragraph 1 – point d (d)  the management of the framework. deleted Amendment 117 Proposal for a regulation Article 6 – paragraph 2 – point a (a)  an inventory of relevant national competent authorities, the central liaison offices designated in accordance with Article 5 and single points of contact referred to in Article 21, their contact details, assigned roles and responsibilities during the vigilance and emergency modes of this Regulation under national law; (a)  an inventory of national competent authorities, the central liaison offices designated in accordance with Article 5 and the single points of contact referred to in Article 21, their contact details, assigned roles and responsibilities during the vigilance and emergency modes under this Regulation, in accordance with national law; Amendment 118 Proposal for a regulation Article 6 – paragraph 2 – point b (b)  consultation of the representatives of economic operators and social partners, including SMEs, on their initiatives and actions to mitigate and respond to potential supply chain disruptions and overcome potential shortages of goods and services in the Single Market; (b)  consultation of the representatives of economic operators, including SMEs, on their initiatives and actions to mitigate and respond to potential internal market emergencies; Amendment 119 Proposal for a regulation Article 6 – paragraph 2 – point b a (new) (ba)  consultation of social partners on the implications on the free movement of workers in the areas of critical importance; Amendment 120 Proposal for a regulation Article 6 – paragraph 2 – point c (c)  technical level cooperation in the vigilance and emergency modes across the sectors of the Single Market; (c)  technical level cooperation in the vigilance and emergency modes across the sectors of the internal market; Amendment 121 Proposal for a regulation Article 6 – paragraph 2 – point d (d)  risk and emergency communication, with a coordinating role for the Commission, adequately taking into account already existing structures; (d)  risk and emergency communication, with a coordinating role for the Commission, taking into account already existing structures; Amendment 122 Proposal for a regulation Article 6 – paragraph 2 a (new) 2a.  The Commission, taking into account the opinion of the Board, may initiate, encourage and facilitate the drawing up of voluntary crisis protocols by economic operators in order to address internal market emergencies, strictly limited to extraordinary circumstances. The Commission may, where necessary and appropriate, also involve civil society organisations or other relevant organisations in drawing up the voluntary crisis protocols. 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, the preparatory measures they are to put in place and their role once the crisis protocol has been activated; (c)  the procedure for determining when how the crisis protocol will operate; (d)  actions to mitigate and respond to potential internal market emergencies, strictly limited to what is necessary for addressing them; (e)  safeguards to address any negative effects on the free movement of goods, services and workers. Amendment 123 Proposal for a regulation Article 6 – paragraph 3 3.  In order to ensure the operation of the framework referred to in paragraph 1, the Commission may conduct stress tests, simulations and in-action and after-action reviews with Member States, and propose the relevant Union-level bodies and the Member States to update the framework as necessary. deleted Amendment 124 Proposal for a regulation Article 7 – paragraph 1 The Commission shall organise the training on crisis coordination, cooperation and information exchange referred to in Article 6 for the staff of the designated central liaison offices. It shall organise simulations involving the staff of the central liaison offices from all Member States based on potential scenarios of Single Market emergencies. 1.   The Commission shall develop and regularly organise training on crisis preparation, coordination, cooperation, communication and information exchange as referred to in Article 6 for the staff of the designated central liaison offices and economic operators. It shall organise simulations involving the staff of the central liaison offices as well as other relevant actors, including economic operators, or bodies involved in the prevention of, preparedness for and response to internal market emergencies. Amendment 125 Proposal for a regulation Article 7 – paragraph 1 a (new) 1a.  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. That programme shall include: (a)  monitoring, analysing and evaluating all the relevant actions to facilitate the free movement of goods, services and persons; (b)  promoting the implementation of best practices at national and Union level, and, where appropriate, best practices, developed by third countries 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 introduction and use of relevant new technologies and digital tools for the purpose of responding to internal market emergencies. Amendment 126 Proposal for a regulation Article 7 – paragraph 1 b (new) 1b.  At the request of a Member State facing a disruption, the Commission may deploy an expert team on site to provide advice on preparedness and response measures, taking particular account of the needs and interests of that Member State. Amendment 127 Proposal for a regulation Article 7 a (new) Article 7a Stress tests 1.  In order to ensure the free movement and the availability of goods and services of critical importance and to anticipate, and prepare for disruptions to the internal market, the Commission, taking into consideration the opinion of the Board, shall conduct and coordinate stress tests, including simulations and peer reviews, in particular for critical sectors identified by the Commission. In particular, the Commission shall invite staff from the central liaison offices of all Member States to participate in simulations and shall: (a)  develop scenarios and parameters that capture the specific risks associated with internal market emergencies and that aim to identify vulnerabilities in critically important areas, as well as to assess the potential impact on the free movement of goods, services and persons; (b)  identify relevant economic operators and representative organisations, as well as other relevant actors or bodies involved in the prevention of, preparedness for and response to emergencies and invite them to participate on a voluntary basis; (c)  facilitate peer reviews and encourage the development of strategies for emergency preparedness; (d)  identify, in cooperation with all actors involved, risk mitigation measures after the completion of the stress tests. 2.  The Commission shall conduct stress tests regularly and at least once every two years, covering comprehensive Union-wide stress tests or specific geographical areas or border regions. 3.  The Commission shall communicate the results of the stress tests to the Board and publish a report thereon. Amendment 128 Proposal for a regulation Article 7 b (new) Article 7b Mapping of critical sectors 1.  The Commission taking into due consideration the opinion of the Board and the input of relevant Union level bodies, and after consulting the Member States, is empowered to adopt a delegated act to supplement this Regulation by laying down a methodology for a mapping exercise for determining critical sectors. 2.  For the purpose of the methodology referred to in paragraph 1, the Commission shall take into account the following: (a)  trade flows; (b)  demand and supply; (c)  concentration of supply; (d)  Union and global production and production capacities at different stages of the value chain. (e)  interdependencies among economic operators, both with operators operating within and outside the internal market. 3.  The Commission using the methodology referred to in paragraph 1 and taking into consideration the opinion of the board, shall regularly conduct its mapping exercise to identify critical sectors. Those mapping exercises shall be based solely on publicly or commercially available data and relevant non-confidential information from undertakings. 4.  The Commission shall publish the results of this mapping exercise. Amendment 129 Proposal for a regulation Article 8 – paragraph 1 1.  The central liaison office of a Member State shall notify the Commission and the central liaison offices of other Member States without undue delay of any incidents that significantly disrupt or have the potential to significantly disrupt the functioning of the Single Market and its supply chains (significant incidents). 1.  The central liaison office of a Member State shall immediately notify the Commission and the central liaison offices of other Member States of any incident that is likely to lead to an internal market emergency. Amendment 130 Proposal for a regulation Article 8 – paragraph 2 2.  The central liaison offices and any relevant national competent authorities shall, in accordance with Union law and national legislation that complies with Union law, treat the information referred to in paragraph 1 in a way that respects its confidentiality, protects the security and public order of the European Union or its Member States, and protects the security and commercial interests of the economic operators concerned. 2.  The central liaison offices and any relevant national competent authorities shall, in accordance with Union law and national legislation that complies with Union law, 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 its Member States, and protects the security and commercial interests of the economic operators concerned. Amendment 131 Proposal for a regulation Article 8 – paragraph 3 – introductory part 3.  In order to determine whether the disruption or potential disruption of the functioning of the Single Market and its supply chains of goods and services is significant and should be the object of an alert, the central liaison office of a Member State shall take the following into account: 3.  In order to determine whether the incidents referred to in paragraph 1 should be the object of an alert, the central liaison office of a Member State shall take the following into account: Amendment 132 Proposal for a regulation Article 8 – paragraph 3 – point a (a)  the number of economic operators affected by the disruption or potential disruption; (a)  the number of economic operators affected across the Union; Amendment 133 Proposal for a regulation Article 8 – paragraph 3 – point b (b)  the duration or anticipated duration of a disruption or potential disruption; (b)  the duration or anticipated duration of the incidents; Amendment 134 Proposal for a regulation Article 8 – paragraph 3 – point c (c)  the geographical area; the proportion of the Single Market affected by the disruption or potential disruption; the impact on specific geographical areas particularly vulnerable or exposed to supply chain disruptions including the EU outermost regions; (c)  the geographical area; the proportion of the internal market affected and its cross-border effects; the impact on particularly vulnerable or exposed geographical areas such as the outermost regions; Amendment 135 Proposal for a regulation Article 8 – paragraph 3 – point d (d)  the effect of the disruption or potential disruption on non-diversifiable and non-substitutable inputs. (d)  the effect of those incidents on non-diversifiable and non-substitutable inputs. Amendment 136 Proposal for a regulation Article 8 a (new) Article 8a Strategic reserves 1.  Member States shall make best efforts to build up strategic reserves of goods of critical importance. The Commission shall provide support to Member States in order to assist them in coordinating and streamlining their efforts. In particular, the Commission shall ensure coordination and information exchange, and shall promote solidarity between national competent authorities in relation to shortages of crisis-relevant goods or services, or building strategic reserves for goods of critical importance. Capacities which are part of the rescEU reserve in accordance with Article 12 of Decision No 1313/2013/EU shall be excluded from the application of this Article. 2.  The exchange of information and best practices referred to in paragraph 1 may cover in particular: (a)  the probability and the potential impact of the shortages referred to in paragraph 1; (b)  the level of existing stocks of the economic operators and strategic reserves across the Union, and any information regarding the ongoing activities of economic operators to increase their stocks; (c)  the cost of building and maintaining such strategic reserves; (d)  the options for alternative supply and the potential for alternative supply; (e)  further information that could ensure the availability of such goods and services. Such information and best practices shall be exchanged through a secure channel of communication. Amendment 137 Proposal for a regulation Part III – title Single Market Vigilance Internal market vigilance mode Amendment 138 Proposal for a regulation Article 9 – paragraph 1 – introductory part 1.  Where the Commission, taking into consideration the opinion provided by the advisory group, considers that the threat referred to in Article 3(2) is present, it shall activate the vigilance mode for a maximum duration of six months by means of an implementing act. Such an implementing act shall contain the following: 1.  Where the Commission, taking into due consideration the opinion provided by the Board, as well as the criteria set out in Article 8(3), considers that the conditions laid down in Article 3(2) are fulfilled, it shall activate the vigilance mode for a maximum duration of six months by means of an implementing act. Where the consideration of the Commission diverges from the opinion of the Board, the Commission shall provide a substantiated justification. Such an implementing act shall contain the following: Amendment 139 Proposal for a regulation Article 9 – paragraph 1 – point a (a)  an assessment of the potential impact of the crisis; (a)  an assessment of the potential impact of the expected crisis, including the specific situation of border regions and outermost regions; Amendment 140 Proposal for a regulation Article 9 – paragraph 1 – point b (b)  list of the goods and services of strategic importance concerned, and (b)  a list of the goods, services and categories of workers of critical importance concerned, and Amendment 141 Proposal for a regulation Article 9 – paragraph 1 – point c (c)  the vigilance measures to be taken. (c)  the vigilance measures to be taken, including a justification regarding the necessity and proportionality of such measures. Amendment 142 Proposal for a regulation Article 10 – paragraph 1 1.  The Commission, if it considers that the reasons for activating the vigilance mode pursuant to Article 9(1) remain valid, and taking into consideration the opinion provided by the advisory group, may extend the vigilance mode for a maximum duration of six months by means of an implementing act. 1.  The Commission, if it considers that the reasons for activating the vigilance mode pursuant to Article 9(1) remain valid, and taking into due consideration the opinion provided by the Board, may extend the vigilance mode for a maximum duration of six months by means of an implementing act. Where the Board has concrete and reliable evidence that the vigilance mode should be deactivated, it may adopt an opinion to that effect, and communicate it to the Commission. Amendment 143 Proposal for a regulation Article 10 – paragraph 2 2.  Where the Commission, taking into consideration the opinion provided by the advisory group, finds that the threat referred to in Article 3(2) is no longer present, with respect to some or all vigilance measures or for some or all of the goods and services, it shall deactivate the vigilance mode in full or in part by means of an implementing act. 2.  Where the Commission, taking into due consideration the opinion provided by the Board, finds that the conditions laid down in Article 3(2) are no longer fulfilled with respect to some or all vigilance measures or for some or all of the goods, services and categories of workers, it shall deactivate the vigilance mode in full or in part by means of an implementing act. Amendment 144 Proposal for a regulation Article 11 – paragraph 1 1.  When the vigilance mode has been activated in accordance with Article 9, national competent authorities shall monitor the supply chains of goods and services of strategic importance that have been identified in the implementing act activating the vigilance mode. 1.  When the vigilance mode has been activated in accordance with Article 9, national competent authorities shall monitor the supply chains of goods and services of critical importance and the free movement of categories of workers of critical importance that have been identified in the implementing act activating the vigilance mode. Amendment 145 Proposal for a regulation Article 11 – paragraph 2 2.  The Commission shall provide for standardised and secure means for the collection and processing of information for the purpose of paragraph 1, using electronic means. Without prejudice to national legislation requiring collected information including business secrets to be kept confidential, confidentiality with regard to the commercially sensitive informationand information affecting the security and public order of the Union or its Member States shall be ensured. 2.  The Commission shall provide for standardised and secure means for the collection and processing of information for the purpose of paragraph 1, using electronic means. Without prejudice to national legislation requiring collected information including business secrets to be kept confidential, confidentiality with regard to the commercially sensitive information and information affecting the security and public order of the Union or its Member States shall be ensured. Amendment 146 Proposal for a regulation Article 11 – paragraph 3 3.  Member States shall set up and maintain an inventory of the most relevant economic operators established on their respective national territory that operate along the supply chains of goods and services of strategic importance that have been identified in the implementing act activating the vigilance mode. 3.  Member States shall, where possible, set up, update and maintain an inventory of the most relevant economic operators established on their respective national territory that operate along the supply chains of goods and services as well as categories of workers of critical importance that have been identified in the implementing act activating the vigilance mode. The contents of the inventory shall be confidential at all times. Amendment 147 Proposal for a regulation Article 11 – paragraph 4 4.  On the basis of the inventory set up pursuant to Article 6, national competent authorities shall address requests for voluntary provision of information to the most relevant operators along the supply chains of goods and services identified in the implementing act adopted pursuant to Article 9 and other relevant stakeholders established in their respective national territory. Such requests shall in particular states which information about factors impacting the availability of the identified goods and services of strategic importance is requested. Each economic operator/stakeholder that voluntarily provides information shall do so on an individual basis in line with the Union rules on competition governing the exchange of information. The national competent authorities shall transmit the relevant findings to the Commission and the advisory group without undue delay via the respective central liaison office. 4.  On the basis of the inventory set up pursuant to paragraph 3, national competent authorities shall, where necessary, address requests for voluntary provision of information to the most relevant operators along the supply chains of goods and services of critical importance as identified in the implementing act adopted pursuant to Article 9 established in their respective national territory. Such requests shall in particular states which information about factors impacting the availability of the identified goods and services of critical importance is requested. Each economic operator that voluntarily provides information shall do so on an individual basis in line with the Union rules on competition governing the exchange of information. The national competent authorities shall transmit the relevant findings to the Commission and the Board without undue delay via the respective central liaison office. Amendment 148 Proposal for a regulation Article 11 – paragraph 5 5.  National competent authorities shall have due regard to the administrative burden on economic operators and in particular SMEs, which may be associated with requests for information and ensure it is kept to a minimum. 5.  National competent authorities shall have due regard to the administrative burden on economic operators and in particular SMEs, which may be associated with requests for information, and ensure that such administrative burden is kept to a minimum and that the confidentiality of the information is respected. Amendment 149 Proposal for a regulation Article 11 – paragraph 6 6.  The Commission may ask the advisory group to discuss the findings and prospects of evolution based on the monitoring of supply chains of goods and services of strategic importance. 6.  The Commission may ask the Board to discuss the findings and prospects of evolution based on the monitoring of supply chains of goods and services of critical importance. Amendment 150 Proposal for a regulation Article 11 – paragraph 7 7.  On the basis of the information collected through the activities carried out in accordance with paragraph 1, the Commission may provide a report of the aggregated findings. 7.  On the basis of the information collected through the activities carried out in accordance with paragraph 1, the Commission shall present a report to the European Parliament and the Council of the aggregated findings. Amendment 151 Proposal for a regulation Article 11 – paragraph 7 a (new) 7a.  The Commission may require, by means of implementing acts, that the Member States provide the following information on the goods of critical importance listed in an implementing act adopted pursuant to Article 9(1): (a)  the levels of strategic reserves in their territory; (b)  any potential for further purchase. Amendment 152 Proposal for a regulation Article 11 – paragraph 7 b (new) 7b.  Before adopting the implementing act, the Commission shall: (a)  demonstrate it has no other access to such information and justify its need; and (b)  request the opinion of the Board. Where the consideration of the Commission diverges from the opinion of the Board, the Commission shall also provide a substantiated justification. Amendment 153 Proposal for a regulation Article 11 – paragraph 7 c (new) 7c.  The implementing act shall specify the goods for which information is to be given. Amendment 154 Proposal for a regulation Article 11 – paragraph 7 d (new) 7d.  The request for information cannot exceed a period of six months and cannot be renewed. Amendment 155 Proposal for a regulation Article 12 [...] deleted Amendment 156 Proposal for a regulation Part IV – title Single Market Emergency Internal market emergency Amendment 157 Proposal for a regulation Article 13 – paragraph 1 – introductory part 1.  When assessing the severity of a disruption for the purposes of ascertaining whether the impact of a crisis on the Single Market qualifies as a Single Market emergency, the Commission shall, based on concrete and reliable evidence, taking into account at least the following indicators: 1.  When assessing the severity of a disruption for the purposes of ascertaining whether the impact of a crisis on the internal market qualifies as an internal market emergency, the Commission shall, based on concrete and reliable evidence, take into account at least the following indicators: Amendment 158 Proposal for a regulation Article 13 – paragraph 1 – point a (a)  the crisis has caused activation of any relevant Council crisis response mechanism, Union Civil Protection Mechanism or the mechanisms set up within the EU Health Security Framework, including [the proposal for] Regulation (EU) …/… on serious cross-border health threats and [the proposal for] Council Regulation (EU) …/… on a framework of measures for ensuring the supply of crisis-relevant medical countermeasures; (a)  the crisis has triggered the activation of a relevant Council crisis response mechanism, including the Integrated Political Crisis Response, the Union Civil Protection Mechanism or any of the mechanisms set up within the EU Health Security Framework, including the emergency framework under Regulation (EU) 2022/2372; Amendment 159 Proposal for a regulation Article 13 – paragraph 1 – point b (b)  an estimation of the number of economic operations or users relying on the disrupted sector or sectors of the Single Market for the provision of the goods or services concerned; (b)  an estimation of the number or market share and market demand of economic operations or users relying on the disrupted sector or sectors of the internal market for the provision of the goods or services concerned; Amendment 160 Proposal for a regulation Article 13 – paragraph 1 – point c (c)  the importance of the goods or services concerned for other sectors; (c)  the critical importance of the goods, services or workers concerned for other sectors; Amendment 161 Proposal for a regulation Article 13 – paragraph 1 – point c a (new) (ca)  the estimated shortage of goods and services in the internal market; Amendment 162 Proposal for a regulation Article 13 – paragraph 1 – point d (d)  the impacts in terms of degree and duration on economic and societal activities, the environment and public safety; (d)  the actual or potential impact of the crisis in terms of degree and duration on economic and vital societal activities, the environment and public safety; Amendment 163 Proposal for a regulation Article 13 – paragraph 1 – point e (e)  the economic operators affected have not been able to provide a solution in a reasonable time to the particular aspects of the crisis on a voluntary basis. (e)  the fact that the economic operators affected by the disruption have not been able to provide a solution in a reasonable time to the particular aspects of the crisis on a voluntary basis; Amendment 164 Proposal for a regulation Article 13 – paragraph 1 – point g (g)  the geographic area that is and could be affected, including any cross-border impacts on the functioning of supply chains that are indispensable in the maintenance of vital societal or economic activities in the Single Market; (g)  the geographic area, including border regions and outermost regions, that is and could be affected by the disruption, including any cross-border impacts on the functioning of supply chains that are indispensable in the maintenance of vital societal or economic activities in the internal market; Amendment 165 Proposal for a regulation Article 13 – paragraph 1 – point i (i)  the absence of substitute goods, inputs or services. (i)  the absence or shortages of substitute for crisis-relevant goods, inputs or services; Amendment 166 Proposal for a regulation Article 13 – paragraph 1 – point i a (new) (ia)  the introduction of travel restrictions or border controls. Amendment 167 Proposal for a regulation Article 14 – paragraph 1 1.  The Single Market Emergency mode may be activated without the Single Market vigilance mode having previously been activated with regard to the same goods or services. Where the vigilance mode has previously been activated, the emergency mode may replace it partially or entirely. 1.  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. Where the vigilance mode has previously been activated, the emergency mode may replace it partially or entirely. Amendment 168 Proposal for a regulation Article 14 – paragraph 2 2.  Where the Commission, taking into consideration the opinion provided by the advisory group, considers there is a Single Market emergency, it shall propose to the Council to activate the Single Market emergency mode. 2.  Where the Commission, taking into due consideration the opinion of the Board, considers that there is an internal market emergency, it shall adopt a legislative proposal to activate the internal market emergency mode. Amendment 169 Proposal for a regulation Article 14 – paragraph 3 3.  The Council may activate the Single Market emergency mode by means of a Council implementing act. The duration of the activation, hall be specified in the implementing act, and shall be a maximum of six months. 3.  The internal market emergency mode may be activated by means of a legislative act adopted on the basis of the legislative proposal referred to in paragraph 2. The duration of the activation shall be specified in that legislative act, and shall be restricted to a maximum of six months. Amendment 170 Proposal for a regulation Article 14 – paragraph 4 4.  The activation of the Single Market emergency mode regarding certain goods and services does not prevent the activation or continued application of the vigilance mode and deployment of the measures laid down in Articles 11 and 12 regarding the same goods and services. 4.  The activation of the internal market emergency mode regarding certain goods and services does not prevent the activation or continued application of the vigilance mode and deployment of the measures laid down in Article 8a regarding the same goods and services. Amendment 171 Proposal for a regulation Article 14 – paragraph 5 5.  As soon as the Single Market emergency mode is activated, the Commission shall, without delay, adopt a list of crisis-relevant goods and services by means of an implementing act. The list may be amended by means of implementing acts. 5.  When proposing the activation of the internal market emergency mode, the Commission shall present a list of crisis-relevant goods and services. As soon as the internal market emergency mode is activated by means of the legislative act referred to in paragraph 3, the Commission shall, without delay, adopt such a list by means of an implementing act. That list may be amended by means of implementing acts. Amendment 172 Proposal for a regulation Article 14 – paragraph 6 6.  The Commission implementing act referred to in paragraph 5 shall be adopted in accordance with the examination procedure referred to in Article 42(2). On duly justified imperative grounds of urgency relating to the impacts of the crisis on the Single Market, the Commission shall adopt immediately applicable implementing acts in accordance with the procedure referred to in Article 42(3). 6.  The implementing act referred to in paragraph 5 shall be adopted in accordance with the examination procedure referred to in Article 42(2). On duly justified imperative grounds of urgency relating to the impacts of the crisis on the internal market, the Commission shall adopt immediately applicable implementing acts in accordance with the procedure referred to in Article 42(3). Amendment 173 Proposal for a regulation Article 15 – paragraph 1 1.  Where the Commission considers, taking into consideration the opinion provided by the advisory group, that an extension of the Single Market emergency mode is necessary, it shall propose to the Council to extend the Single Market emergency mode. Subject to urgent and exceptional changes in circumstances, the Commission shall endeavour to do so no later than 30 days before the expiry of the period for which the Single Market emergency mode has been activated. The Council may extend the Single Market emergency mode by no more than six months at a time by means of an implementing act. 1.  Where the Commission considers, taking into due consideration the opinion provided by the Board and based on the grounds referred to in Article 14(2), that an extension of the internal market emergency mode is necessary, it shall propose to the European Parliament and the Council to extend the internal market emergency mode. Subject to urgent and exceptional changes in circumstances, the Commission shall endeavour to do so no later than 30 days before the expiry of the period for which the internal market emergency mode has been activated. The internal market emergency mode may be extended by means of a legislative act on the basis of the legislative proposal referred to in the first subparagraph. The duration of the extension shall be specified in that legislative act, and shall be restricted to a maximum of six months. Amendment 174 Proposal for a regulation Article 15 – paragraph 2 2.  Where the advisory group has concrete and reliable evidence that the Single Market emergency should be deactivated, it may formulate an opinion to that effect and transmit it to the Commission. Where the Commission, taking into consideration the opinion provided by the advisory group, considers a Single Market emergency no longer exists, it shall propose to the Council without delay the deactivation of the Single Market emergency mode. 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 European Parliament and the Council, without delay, the deactivation of the internal market emergency mode. Amendment 175 Proposal for a regulation Article 15 – paragraph 3 3.  The measures taken in accordance with Articles 24 to 33 and pursuant to the emergency procedures introduced in the respective Union legal frameworks by means of the amendments to sectorial product legislation set out in Regulation of the European Parliament and of the Council amending Regulation (EU) 2016/424, Regulation (EU) 2016/425, Regulation (EU) 2016/426, Regulation (EU) 2019/1009 and Regulation (EU) No 305/2011 and introducing emergency procedures for the conformity assessment, adoption of common specifications and market surveillance in the context of a Single Market emergency and Directive of the European Parliament and of the Council amending Directives 2000/14/EC, 2006/42/EC, 2010/35/EU, 2013/29/EU, 2014/28/EU, 2014/29/EU, 2014/30/EU, 2014/31/EU, 2014/32/EU, 2014/33/EU, 2014/34/EU, 2014/35/EU, 2014/53/EU, and2014/68/EU and introducingas regard emergency procedures for the conformity assessment, adoption of common specifications and market surveillance in the context ofdue to a Single Market shall cease to apply upon deactivation of the duration of the Single Market emergency mode. The Commission shall submit to the Council an assessment on the effectiveness of the measures taken in addressing the Single Market emergency no later than three months after the expiry of the measures, on the basis of the information gathered via the monitoring mechanism foreseen by Article 11. 3.  The measures taken in accordance with Articles 24 to 33 shall cease to apply upon deactivation of the internal market emergency mode. The Commission shall submit to the European Parliament and the Council an assessment on the effectiveness of the measures taken in addressing the internal market emergency no later than three months after the expiry of the measures, on the basis of the information gathered via the monitoring mechanism set out in Article 11. Amendment 176 Proposal for a regulation Part IV – Title II – title Free movement during the Single Market emergency Free movement during the internal market emergency Amendment 177 Proposal for a regulation Part IV – Title II – Chapter I – title Measures for re-establishing and facilitating free movement Measures facilitating free movement Amendment 178 Proposal for a regulation Article 16 – title General requirements for measures restricting free movement to address a Single Market emergency Prohibited restrictions to free movement during an internal market emergency Amendment 179 Proposal for a regulation Article 16 – paragraph 1 1.  When adopting and applying national measures in response to a Single Market emergency and the underlying crisis, Member States shall ensure that their actions fully comply with the Treaty and Union law and, in particular, with the requirements laid down in this Article. 1.  Restrictions on the free movement of goods, services and persons imposed by Member States in response to an internal market emergency shall be prohibited, unless they are justified on grounds of legitimate public interest objectives, such as public policy, public security or public health, and are in compliance with the principles of non-discrimination and proportionality. Amendment 180 Proposal for a regulation Article 16 – paragraph 2 2.  Any restriction shall be limited in time and removed as soon as the situation allows it. Additionally, any restriction should take into account the situation of border regions. 2.  Any such restriction shall be limited in time and immediately removed as soon as the internal market emergency mode is deactivated or earlier, in the event that the restriction is no longer justified or proportionate. Amendment 181 Proposal for a regulation Article 16 – paragraph 2 a (new) 2a.  Any restriction should take into account the situation of border regions and outermost regions, especially for cross-border workers. Amendment 182 Proposal for a regulation Article 16 – paragraph 3 3.  Any requirement imposed on citizens and businesses shall not create an undue or unnecessary administrative burden. 3.  Any requirement imposed on citizens and economic operators shall not create an undue or unnecessary administrative burden. Member States shall take every available measure to limit and reduce any administrative burden. Amendment 183 Proposal for a regulation Article 16 – paragraph 3 a (new) 3a.  Member States shall not adopt any of the following: (a)  restrictions on the intra-Union export of goods or provision or receipt of services, or measures having equivalent effect; (b)  discrimination between Member States or between citizens, including in their role as service providers or workers, based directly or indirectly on nationality or, in the case of companies, the location of the registered office, central administration or principal place of business; or (c)  restrictions on the free movement of persons or travel restrictions on persons involved in the production, maintenance or transportation of crisis-relevant goods that are listed in an implementing act adopted pursuant to Article 14(5) and their parts or restrictions on persons involved in the provision of crisis-relevant services that are listed in an implementing act adopted pursuant to Article 14(5), or other measures having equivalent effect, that: (i)  cause shortages of necessary workforce on the internal market and thus disrupt supply chains of crisis-relevant goods and services or create or increase shortages of such goods and services in the internal market; or (ii)  are directly or indirectly discriminatory based on nationality or the place of residence of the person. Amendment 184 Proposal for a regulation Article 17 [...] deleted Amendment 185 Proposal for a regulation Article 18 – paragraph 1 1.  During the Single Market emergency mode, the Commission may provide for supportive measures to reinforce free movement of persons referred to in Article 17(6) and 17(7) by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 422(2). On duly justified imperative grounds of urgency relating to the impacts of the crisis on the Single Market, the Commission shall adopt immediately applicable implementing acts in accordance with the procedure referred to in Article 42(3). 1.  During the internal market emergency mode, the Commission may provide for supportive measures to facilitate the free movement of persons by means of implementing acts. Amendment 186 Proposal for a regulation Article 18 – paragraph 2 2.  During the Single Market emergency mode, where the Commission establishes that Member States have put in place templates for attesting that the individual or economic operator is a service provider that provides crisis-relevant services, a business representative or worker that is involved in production of crisis-relevant goods or provision of crisis-relevant services or a civil protection worker and it considers that the use of different templates by each Member States is an obstacle to the free movement at the time of a Single Market emergency, the Commission may issue, if it considers it necessary for supporting the free movement of such categories of persons and their equipment during the ongoing Single Market emergency, templates for attesting that they fulfil the relevant criteria for the application Article 17(6) in all Member States by means of implementing acts. 2.  During the internal market emergency mode, where the Commission establishes that Member States have put in place templates for attesting that the individual or economic operator is a service provider that provides crisis-relevant services, a business representative or worker that is involved in the production of crisis-relevant goods or the provision of crisis-relevant services, or a civil protection worker, and it considers that the use of different templates by each Member State is an obstacle to the free movement at the time of a internal market emergency, the Commission may, by means of implementing acts, issue, if it considers it necessary for supporting the free movement of such categories of persons and their equipment during the ongoing internal market emergency, templates for attesting that they fulfil the relevant criteria for the application Article 16 in all Member States. Amendment 187 Proposal for a regulation Article 18 – paragraph 3 3.  The implementing acts referred to in paragraphs 1 and 2 shall be adopted in accordance with the examination procedure referred to in Article 42(2). On duly justified imperative grounds of urgency relating to the impacts of the crisis on the Single Market, the Commission shall adopt immediately applicable implementing acts in accordance with the procedure referred to in Article 42(3). 3.  The implementing acts referred to in paragraphs 1 and 2 shall be adopted in accordance with the examination procedure referred to in Article 42(2). On duly justified imperative grounds of urgency relating to the impacts of the crisis on the internal market, the Commission shall adopt immediately applicable implementing acts in accordance with the procedure referred to in Article 42(3). Amendment 188 Proposal for a regulation Article 19 – title Notifications Notifications and information Amendment 189 Proposal for a regulation Article 19 – paragraph 1 – subparagraph 1 During the Single Market emergency, Member States shall notify to the Commission any crisis-relevant draft measures restricting free movement of goods and the freedom to provide services as well as crisis-relevant restrictions of free movement of persons, including workers together with the reasons for those measures. During the internal market vigilance mode or the internal market emergency mode, Member States shall notify the Commission of any draft measures linked to the crisis and restricting the free movement of goods and the freedom to provide services as well as adopted measures restricting of the free movement of persons, including workers, together with the reasons for those measures. Amendment 190 Proposal for a regulation Article 19 – paragraph 2 2.  Member States shall provide to the Commission a statement of the reasons which make the enactment of such measure justified and proportionate, where those reasons have not already been made clear in the notified measure. Member States shall communicate to the Commission the full text of the national legislative or regulatory provisions which contain or are modified by the measure. 2.  Member States shall provide to the Commission a statement demonstrating that the enactment of such measures is non-discriminatory, justified and proportionate and, where possible, accompanied by concrete evidence. Member States shall communicate to the Commission the full text of the national legislative or regulatory provisions which contain or are modified by such a measure. Amendment 191 Proposal for a regulation Article 19 – paragraph 4 4.  The Commission shall communicate the notified measures to the other Member States without delay and shall share them at the same time with the advisory group. 4.  The Commission shall communicate the notified measures to the other Member States without delay and shall share them at the same time with the Board. Amendment 192 Proposal for a regulation Article 19 – paragraph 5 5.  If the advisory group chooses to deliver an opinion on a notified measure, it shall do so within four working days from the date of receipt by the Commission of the notification concerning that measure. 5.  If the Board chooses to deliver an opinion on a notified measure, it shall do so within four working days from the date of receipt of the notification. Amendment 193 Proposal for a regulation Article 19 – paragraph 6 6.  The Commission shall ensure that citizens and businesses are informed of the notified measures, unless Member States request that the measures remain confidential, or the Commission deems disclosure of those measures would affect the security and public order of the European Union or its Member States, as well as of the decisions and Member States’ comments adopted in accordance with this Article. 6.  The Commission shall ensure that citizens and businesses are informed of the notified measures, unless Member States request that the measures remain confidential in accordance with paragraph 15 of this Article, or the Commission deems disclosure of those measures would affect the security and public policy of the Union or its Member States, as well as of the decisions and Member States’ comments adopted in accordance with this Article. Amendment 194 Proposal for a regulation Article 19 – paragraph 8 8.  Within 10 days from the date of receipt of the notification, the Commission shall examine the compatibility of any draft or adopted measure with Union law, including Articles 16 and 17 of this Regulation as well as the principles of proportionality and non-discrimination, and may provide comments on the notified measure when there are immediately obvious and serious grounds to believe that it does not comply with Union law. Such comments shall be taken into account by the notifying Member State. In exceptional circumstances, in particular to receive scientific advice, evidence or technical expertise in the context of an evolving situation, the period of 10 days may be extended by the Commission. The Commission shall set out the reasons justifying any such extension, shall set a new deadline and shall inform the Member States about the new deadline and the reasons for the extension without delay. 8.  Within 10 days from the date of receipt of the notification, the Commission shall examine the compatibility of any draft or adopted measure with Union law, including Article 16 of this Regulation as well as the principles of proportionality and non-discrimination, and may provide comments on the notified measure when there are immediately obvious and serious grounds to believe that it does not comply with Union law. Such comments shall be taken into account by the notifying Member State. In exceptional circumstances, in particular to receive scientific advice, evidence or technical expertise in the context of an evolving situation, the period of 10 days may be extended by the Commission. The Commission shall set out the reasons justifying any such extension, and shall set a new deadline, which shall not exceed 30 days. It shall inform the Member States about the new deadline and the reasons for the extension without delay. Amendment 195 Proposal for a regulation Article 19 – paragraph 9 9.  Member States may also provide comments to the Member State which has notified a measure; that Member State shall take such comments into account. 9.  Member States may also provide comments to the Member State which has notified a measure and that Member State shall take such comments into account. Amendment 196 Proposal for a regulation Article 19 – paragraph 10 10.  The notifying Member State shall communicate the measures it intends to adopt in order to comply with the comments delivered in accordance with paragraph 8 to the Commission within 10 days after receiving them. 10.  The notifying Member State shall communicate the measures it intends to adopt and a justification on how it complies with the comments delivered in accordance with paragraph 8 to the Commission within 10 days after receiving them. Amendment 197 Proposal for a regulation Article 19 – paragraph 11 11.  If the Commission finds that the measures communicated by the notifying Member State are still not in accordance with Union law, it may issue within 30 days of that communication, a decision requiring that Member State to refrain from adopting the notified draft measure. The notifying Member State shall communicate the adopted text of a notified draft measure to the Commission without delay. 11.  If the Commission finds that the measures communicated by the notifying Member State are still not in accordance with Union law, it may issue, within 15 days of that communication, a decision requiring that Member State to modify or to refrain from adopting the notified draft measure. The notifying Member State shall communicate the adopted text of a notified draft measure to the Commission without delay. Amendment 198 Proposal for a regulation Article 19 – paragraph 12 12.  If the Commission finds that an already adopted measure that has been notified to it, is not in accordance with Union law, it may issue within 30 days of that notification a decision requiring the Member State to abolish it. The notifying Member State shall communicate the text of a revised measure in case it modifies the notified adopted measure without delay. 12.  If the Commission finds that an already adopted measure that has been notified to it, is not in accordance with Union law, it may issue within 15 days of that notification a decision requiring the Member State to abolish it. The notifying Member State shall communicate the text of a revised measure in case it modifies the notified adopted measure without delay. Amendment 199 Proposal for a regulation Article 19 – paragraph 13 13.  The period of 30 days referred to in paragraphs 11 and 12 may be exceptionally extended by the Commission in order to take account of a change of circumstances, in particular to receive scientific advice, evidence or technical expertise in the context of an evolving situation. The Commission shall set out the reasons justifying any such extension and shall set a new deadline and shall inform the Member States about the new deadline and the reasons for the extension without delay. 13.  The period of 15 days referred to in paragraphs 11 and 12 may be exceptionally extended by the Commission in order to take account of a change of circumstances, in particular to receive scientific advice, evidence or technical expertise in the context of an evolving situation. The Commission shall set out the reasons justifying any such extension and shall set a new deadline and shall inform the Member States about the new deadline and the reasons for the extension without delay. Amendment 200 Proposal for a regulation Article 19 – paragraph 14 14.  The Commission decisions referred to in paragraphs 11 and 12 shall be based on available information and may be issued when there are immediately obvious and serious grounds to believe that the notified measures do not comply with Union law, including Article 16 or 17 of this Regulation, the principle of proportionality or the principle of non-discrimination. The adoption of those decisions shall be without prejudice to the possibility for the Commission to adopt measures at a later stage, including the launching of an infringement procedure on the basis of Article 258 TFEU. 14.  The Commission decisions referred to in paragraphs 11 and 12 shall be based on available information and may be issued when there are immediately obvious and serious grounds to believe that the notified measures do not comply with Union law, including Article 16 of this Regulation, the principle of proportionality or the principle of non-discrimination. The adoption of those decisions shall be without prejudice to the possibility for the Commission to adopt measures at a later stage, including the launching of an infringement procedure on the basis of Article 258 TFEU. Amendment 201 Proposal for a regulation Article 19 – paragraph 15 15.  Information supplied under this Article shall not be confidential except at the express request of the notifying Member State. Any such request shall relate to draft measures and shall be justified. 15.  Information provided by Member States under this Article shall be made public. Member States may request that information related to draft measures is kept confidential. That request shall be justified. Amendment 202 Proposal for a regulation Article 19 – paragraph 16 16.  The Commission shall publish the text of the measures adopted by the Member States in the context of the Single market emergency that restrict free movement of goods, services and the persons, including workers, which have been communicated by means of the notifications referred to in this Article as well as via other sources. The text of the measures shall be published within one working day of its receipt by means of an electronic platform managed by the Commission. 16.  The Commission shall publish any information provided under this Article except information that is deemed confidential in accordance with paragraph 15. Amendment 203 Proposal for a regulation Article 19 – paragraph 16 a (new) 16a.  The Commission shall publish the measures adopted by the Member States in the context of the internal market emergency that restrict free movement of goods, services and persons, including workers, which have been communicated. Those measures shall be published within one working day of their receipt via an electronic platform managed by the Commission. Amendment 204 Proposal for a regulation Article 19 – paragraph 16 b (new) 16b.  Member States shall inform citizens, consumers, businesses, workers and their representatives and any affected stakeholders, in a clear and unambiguous manner, about measures that affect the free movement of goods, services and persons, including workers and service providers, before their entry into force, in particular through their national single point of contact referred to in Article 21. Member States shall ensure a continuous dialogue with all relevant stakeholders, including social partners and international partners. Amendment 205 Proposal for a regulation Article 21 – paragraph 1 – point a (a)  assistance in requesting and obtaining information about national restrictions of the free movement of goods, services, persons and workers that are related to an activated Single Market emergency; (a)  assistance in requesting and obtaining information about national restrictions of the free movement of goods, services, persons and workers that are related to an activated internal market emergency mode; Amendment 206 Proposal for a regulation Article 21 – paragraph 1 – point b (b)  assistance in the performance of any national level crisis procedures and formalities that have been put in place due to the activated Single Market emergency. (b)  assistance in the performance of any national level crisis procedures and formalities that have been put in place due to the activated internal market emergency mode; Amendment 207 Proposal for a regulation Article 21 – paragraph 1 – point b a (new) (ba)  assistance in the dissemination of information to citizens, consumers, economic operators and workers and their representatives. Amendment 208 Proposal for a regulation Article 21 – paragraph 2 2.  Member States shall ensure that it is possible for citizens, consumers, economic operators and workers and their representatives to receive, at their request and via the respective single points of contact, information from the competent authorities on the way in which the respective national crisis response measures are generally interpreted and applied. Where appropriate, such information shall include a step-by-step guide. The information shall be provided in clear, understandable and intelligible language. It shall be easily accessible at a distance and by electronic means and shall be kept up to date. 2.  Member States shall ensure that it is possible for citizens, consumers, economic operators and workers and their representatives to receive, at their request and via the respective single points of contact, information from the competent authorities on the way in which the respective national crisis response measures are generally interpreted and applied. Where appropriate, such information shall include a step-by-step guide. The information shall be provided in clear, understandable and intelligible language. It shall be easily accessible at a distance and by electronic means and shall be kept up to date. Member States shall make best efforts to provide such information in all official languages of the Union, paying particular attention to the situation and needs of the border regions. Amendment 209 Proposal for a regulation Article 22 – paragraph 2 – introductory part 2.  The Union level single point of contact shall provide citizens, consumers, economic operators, workers and their representatives with the following assistance: 2.  The Union level single point of contact shall provide citizens, consumers, local and regional authorities, economic operators, workers and their representatives with the following: Amendment 210 Proposal for a regulation Article 22 – paragraph 2 – point a (a)  assistance in requesting and obtaining information as regards Union level crisis response measures that are relevant to the activated Single Market emergency or which affect the exercise of the free movement of goods, services, persons and workers; (a)  assistance in requesting and obtaining information as regards Union level crisis response measures that are relevant to the activated internal market emergency mode or which affect the exercise of the free movement of goods, services and persons, including workers; Amendment 211 Proposal for a regulation Article 22 – paragraph 2 – point b (b)  assistance in the performance of any crisis procedures and formalities that have been put in place at the Union level due to the activated Single Market emergency; (b)  assistance in the performance of any crisis procedures and formalities that have been put in place at the Union level due to the activated internal market emergency mode; Amendment 212 Proposal for a regulation Article 22 – paragraph 2 – point c (c)  putting together a list with all national crisis measures and national contact points. (c)  assistance in establishing a list with all national crisis measures and national contact points. Amendment 213 Proposal for a regulation Article 22 – paragraph 2 a (new) 2a.  Sufficient human and financial resources shall be allocated to the Union level single point of contact. Amendment 214 Proposal for a regulation Title III – title Single Market emergency response measures Internal market emergency response measures Amendment 215 Proposal for a regulation Article 23 – paragraph 1 1.  Binding measures included in this Chapter may be adopted by the Commission by means of implementing acts in accordance with Articles 24(2), first subparagraph of Article 26 and Article 27(2) may be adopted only after a Single Market Emergency has been activated by means of a Council implementing act in accordance with Article 14. 1.  Binding measures included in this Chapter may be adopted by the Commission by means of implementing acts only when an internal market emergency mode has been activated in accordance with Article 14. Amendment 216 Proposal for a regulation Article 23 – paragraph 2 2.  An implementing act introducing a measure included in this Chapter shall clearly and specifically list the crisis-relevant goods and services to which such measure applies. That measure shall apply only for the duration of the emergency mode. 2.  An implementing act introducing a measure included in this Chapter shall clearly and specifically list the crisis-relevant goods and services identified in the implementing act adopted in accordance with Article 14(5) to which such a measure applies. That measure shall apply only for the duration of the emergency mode. Amendment 217 Proposal for a regulation Article 23 – paragraph 2 a (new) 2a.  Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 42(2). On duly justified imperative grounds of urgency relating to the 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 42(3). Amendment 218 Proposal for a regulation Article 24 – paragraph 1 1.  Where there is a severe crisis-related shortages or an immediate threat thereof, the Commission may invite representative organisations or economic operators in crisis-relevant supply chains to transmit on a voluntary basis, within a set time limit, specific information to the Commission on the production capacities and possible existing stocks of crisis-relevant goods and components thereof in Union production facilities and third country facilities which it operates, contracts or purchases supply from, as well as information on any relevant supply chain disruptions within a given deadline. 1.  Where there is a severe crisis-related shortage or an immediate threat thereof, the Commission may invite economic operators in crisis-relevant supply chains to transmit, in accordance with paragraph 3, specific information that is relevant to the internal market emergency, on a voluntary basis and within a reasonable time limit. Amendment 219 Proposal for a regulation Article 24 – paragraph 2 2.  If the addressees do not transmit the information requested in accordance with paragraph 1 within the time-limit and do not provide a valid justification for not doing so, the Commission may, by means of an implementing act, require that they transmit the information, indicating in the implementing act why it is proportionate and necessary to do so, specifying the crisis-relevant goods and services and addressees concerned by the information request, and the information that is sought, providing where necessary a template with the questions that may be addressed to the economic operators. 2.  If the addressees do not transmit the information requested in accordance with paragraph 1 within the time-limit and do not provide a valid justification for not doing so, the Commission may, by means of a recommendation, request that they transmit the requested information, indicating why it is proportionate and necessary to do so, specifying the crisis-relevant goods and services and addressees concerned by the information request, and the information that is sought, providing where necessary a template with the questions that may be addressed to the economic operators. Amendment 220 Proposal for a regulation Article 24 – paragraph 3 – introductory part 3.  The information requests referred to in paragraph 1 may concern the following: 3.  The information requests referred to in paragraph 1, may concern: Amendment 221 Proposal for a regulation Article 24 – paragraph 3 – point a (a)  targeted information to the Commission in relation to the production capacities and possible existing stocks of the crisis-relevant goods and components thereof in production facilities located in the Union and production facilities located in a third country which the organisation or the operator referred to in paragraph 1 operates, contracts or purchases supply from, while fully respecting trade and business secrets and requiring them to transmit to the Commission a schedule of the expected production output for the following 3 months for production facility located in the Union as well as any relevant supply chain disruptions; (a)  targeted information to the Commission on the production capacities and possible existing stocks of the crisis-relevant goods and components thereof in production facilities located in the Union and production facilities located in a third country which the organisation or the operator referred to in paragraph 1 operates or contracts; Amendment 222 Proposal for a regulation Article 24 – paragraph 3 – point b (b)  other information necessary for assessing the nature or magnitude of a given supply chain disruption or shortage. (b)  a schedule of the expected production output of crisis-relevant goods for the 3 months following the information request regarding production facilities located in the Union or in a third country in which the operator operates or contracts. Amendment 223 Proposal for a regulation Article 24 – paragraph 4 4.  Following the activation of the mandatory information requests to economic operators by means of an implementing act, the Commission shall address a formal decision to each of those representative organisations or economic operators in crisis-relevant supply chains that have been identified in the implementing act, requesting them to provide the information specified in the implementing act. The Commission shall rely, where possible, on the relevant and available contact lists of the economic operators active in the selected supply chains of crisis-relevant goods and services, compiled by the Member States. The Commission may obtain the necessary information on the relevant economic operators from the Member States. 4.  When inviting or requesting economic operators to provide information for the purposes of this Article, the Commission shall rely, where possible, on the relevant and available contact lists of the economic operators active in the selected supply chains of crisis-relevant goods and services, compiled by the Member States. The Commission may obtain the necessary information on the relevant economic operators from the Member States. Amendment 224 Proposal for a regulation Article 24 – paragraph 5 5.  The Commission Decisions containing individual information requests shall contain a reference to the implementing act referred to in paragraph 2 on which they are based and to the situations of severe crisis-related shortages or an immediate threat thereof which has given rise to them. Any information request shall be duly justified and proportionate in terms of the volume, nature and granularity of the data, as well as the frequency of access to the data requested, and shall be necessary for the management of the emergency or for compiling relevant official statistics. A request shall set out a reasonable time limit within which the information is to be provided. It shall take into account the effort required to collect and make the data available by the economic operator or representative organisation. The formal decision shall also contain safeguards for protection of data in accordance with Article 39 of this Regulation, safeguards for non-disclosure of sensitive business information contained in the reply in accordance with Article 25, and information on the possibility of contesting it before the Court of Justice of the European Union in line with relevant Union law and the fines provided for in Article 28 for failure to comply and the timeline for a reply. 5.  The Commission recommendation containing individual information requests shall contain a reference to the situations of severe crisis-related shortages or an immediate threat thereof which has given rise to them. Any information request shall be duly justified and proportionate in terms of the volume, nature and granularity of the data, as well as the frequency of access to the data requested, and shall be necessary for the management of the emergency. A request shall set out a reasonable time limit not exceeding 14 days within which the information is to be provided. The 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. It shall take into account the effort required to collect and make the data available by the economic operator. The recommendation shall also contain safeguards for protection of data in accordance with Article 39 of this Regulation, safeguards for non-disclosure of sensitive business information and safeguards for non-disclosure of trade secrets and intellectual property in the reply in accordance with Article 25. Amendment 225 Proposal for a regulation Article 24 – paragraph 6 6.  The owners of the economic operators or their representatives and, in the case of legal persons, companies or firms, or associations having no legal personality, the persons authorised to represent them by law or by their constitution may supply the information requested on behalf of the economic operator or the association of economic operators concerned. Each economic operator or association of economic operators shall provide the requested information on an individual basis in line with the Union rules on competition governing the exchange of information. Lawyers duly authorised to act may supply the information on behalf of their clients. The latter shall remain fully responsible if the information supplied is incomplete, incorrect or misleading. 6.  The owners of the economic operators or the persons authorised to represent them by law or by their constitution may supply the information requested on behalf of the economic operator concerned. Each economic operator shall provide the requested information on an individual basis in line with the Union rules on competition governing the exchange of information. Lawyers duly authorised to act may supply the information on behalf of their clients. The latter shall remain fully responsible if the information supplied is incomplete, incorrect or misleading. Amendment 226 Proposal for a regulation Article 24 – paragraph 7 7.  The Court of Justice of the European Union shall have unlimited jurisdiction to review decisions whereby the Commission has imposed a mandatory information request to an economic operator. deleted Amendment 227 Proposal for a regulation Article 24 – paragraph 8 8.  The implementing acts referred to in paragraph 2 shall be adopted in accordance with the committee procedure referred to in Article 42(2). On duly justified imperative grounds of urgency relating to the impacts of the crisis on the Single Market, the Commission shall adopt immediately applicable implementing acts in accordance with the procedure referred to in Article 42(3). deleted Amendment 228 Proposal for a regulation Article 25 – paragraph 1 1.  Information received as a result of the application of this Regulation shall be used only for the purpose for which it was requested. 1.  Information received from liaison offices of the Member States, the Board, economic operators or any other source as a result of the application of this Regulation shall be used only for the purpose for which it was requested. Amendment 229 Proposal for a regulation Article 25 – paragraph 2 2.  Member States and the Commission shall ensure the protection of trade and business secrets and other sensitive and confidential information acquired and generated in application of this Regulation, including recommendations and measures to be taken, in accordance with Union and the respective national law. 2.  Member States and the Commission shall ensure the protection of trade and business secrets, intellectual property, and other sensitive and confidential information acquired and generated in application of this Regulation, including recommendations and measures to be taken, in accordance with Union and the respective national law. Amendment 230 Proposal for a regulation Article 25 – paragraph 4 4.  The Commission may present to the advisory group referred to in Article 4 aggregate information based on any information collected pursuant to Article 24. 4.  The Commission may present to the Board aggregate information based on any information collected pursuant to Article 24. Amendment 231 Proposal for a regulation Article 25 – paragraph 5 a (new) 5a.  Any information obtained through information requests shall be deleted immediately upon the expiration of the internal market emergency mode, or earlier if all relevant reports pertaining to the internal market emergency mode have been submitted. The Commission and Member States shall send a confirmation of the deletion of that information to the economic operators affected immediately after its deletion. Amendment 232 Proposal for a regulation Article 26 Article 26 deleted Targeted amendments to harmonised product legislation When the Single Market emergency mode has been activated by means of a Council implementing act adopted pursuant to Article 14, and there is a shortage of crisis relevant goods the Commission may activate by means of implementing acts the emergency procedures included in the Union legal frameworks amended by [Regulation of the European Parliament and of the Council amending Regulation (EU) 2016/424, Regulation (EU) 2016/425, Regulation (EU) 2016/426, Regulation (EU) 2019/1009 and Regulation (EU) No 305/2011 and introducing emergency procedures for the conformity assessment, adoption of common specifications and market surveillance in the context of a Single Market emergency and Directive of the European Parliament and of the Council amending Directives 2000/14/EC, 2006/42/EC, 2010/35/EU, 2013/29/EU, 2014/28/EU, 2014/29/EU, 2014/30/EU, 2014/31/EU, 2014/32/EU, 2014/33/EU, 2014/34/EU, 2014/35/EU, 2014/53/EU, and2014/68/EU and introducingas regard emergency procedures for the conformity assessment, adoption of common specifications and market surveillance in the context ofdue to a Single Market] as regards crisis-relevant goods, indicating which crisis-relevant goods and emergency procedures are subject to the activation, providing reasons for such activation and its proportionality, and indicating the duration of such activation. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 42(2). On duly justified imperative grounds of urgency relating to the impacts of the crisis on the Single Market, the Commission shall adopt immediately applicable implementing acts in accordance with the procedure referred to in Article 42(3). Amendment 233 Proposal for a regulation Article 27 – paragraph 1 1.  The Commission may invite one or more economic operators in crisis-relevant supply chains established in the Union to accept and prioritise certain orders for the production or supply of crisis-relevant goods (‘priority rated order’). 1.  The Commission, may invite, on a voluntary basis, one or more economic operators in crisis-relevant supply chains established in the Union to accept and prioritise certain orders for the production or supply of crisis-relevant goods (‘priority rated order’). The Commission shall specify all relevant information, including the quantity of the crisis-relevant goods and services, the delivery time and the price and shall inform the European Parliament thereof. Amendment 234 Proposal for a regulation Article 27 – paragraph 2 2.  If an economic operator does not accept and prioritise priority rated orders, the Commission may, at its own initiative or at the request of 14 Member States, assess the necessity and proportionality of resorting to priority rated orders in such cases, the Commission shall give the economic operator concerned as well as any parties demonstrably affected by the potential priority rated order, the opportunity to state their position within a reasonable time limit set by the Commission in light of the circumstances of the case. In exceptional circumstances, following such an assessment, the Commission may address an implementing act to the economic operator concerned, requiring it to either accept and prioritise the priority rated orders specified in the implementing act or explain why it is not possible or appropriate for that operator to do so. The Commission’s decision shall be based on objective data showing that such prioritisation is indispensable to ensure the maintenance of vital societal economic activities in the Single Market 2.  If an economic operator does not accept or prioritise priority rated orders, the Commission may, on its own initiative or at the request of 14 Member States, assess the necessity and proportionality of resorting to priority rated orders. In such cases, the Commission shall give the economic operator concerned as well as any parties demonstrably affected by the potential priority rated order, the opportunity to state their position within a reasonable time limit set by the Commission in light of the circumstances of the case. In exceptional circumstances, following such an assessment and taking into due consideration the opinion of the Board, the Commission may address an implementing act to the economic operator concerned, requiring it to either accept and prioritise the priority rated orders specified in the implementing act or explain in writing why it is not possible or appropriate for that operator to do so. Where the consideration of the Commission diverges from the opinion of the Board, the Commission shall provide a substantiated justification. The Commission’s decision shall be based on objective data which is factual, measurable and substantiated, showing that such prioritisation is indispensable to ensure the maintenance of vital societal economic activities in the internal market. Amendment 235 Proposal for a regulation Article 27 – paragraph 4 – subparagraph 1 Where the economic operator to which the decision referred to in paragraph 2 is addressed declines to accept the requirement to accept and prioritise the orders specified in the decision, it shall provide to the Commission, within 10 days from the notification of the decision, a reasoned explanation setting out duly justified reasons why it is not possible or appropriate, in light of the objectives of this provision, for it to comply with the requirement. Such reasons include the inability of the operator to perform the priority rated order on account of insufficient production capacity or a serious risk that accepting the order would entail particular hardship or economic burden for the operator, or other considerations of comparable gravity. Where the economic operator to which the decision referred to in paragraph 2 is addressed declines to accept the requirement to accept and prioritise the orders specified in the decision, it shall provide to the Commission, within 10 days from the notification of the decision, a reasoned explanation setting out duly justified reasons why it is not possible or appropriate, for it to comply with the requirement. Such reasons include the inability of the operator to perform the priority rated order due to insufficient production capacity or a serious risk that accepting the order would entail particular hardship or economic burden for the operator, taking into account, in particular, the prices and quantities specified by the Commission, or other considerations of comparable gravity. These reasons could entail the legitimate aims of the undertaking concerned and the cost, effort, technical practicality, and long-term business consequences, required for any change in production sequence. Amendment 236 Proposal for a regulation Article 27 – paragraph 4 – subparagraph 2 The Commission may make such reasoned explanation or parts of it public, with due regard to business confidentiality. deleted Amendment 237 Proposal for a regulation Article 27 – paragraph 6 6.  The Commission shall take the decision referred to in paragraph 2 in accordance with applicable Union law, including the principles of necessity and proportionality, and the Union’s obligations under international law. The decision shall in particular take into account the legitimate interests of the economic operator concerned and any available information concerning the cost and effort required for any change in production sequence. It shall state the legal basis for its adoption, fix the time limits within which the priority rated order is to be performed and, where applicable, specify the product and quantity. It shall state the fines provided for in Article 28 for failure to comply with the decision. The priority rated order shall be placed at a fair and reasonable price. 6.  The Commission shall take the decision referred to in paragraph 2 in accordance with applicable Union law, including the principles of necessity and proportionality, and the Union’s obligations under international law. The decision shall in particular take into account the legitimate interests of the economic operator concerned and any available information concerning the cost and effort required for any change in production sequence. It shall state the legal basis for its adoption, fix the time limits within which the priority rated order is to be performed and, where applicable, specify the product, the price and quantity. It shall state the fines provided for in Article 28 for failure to comply with the decision. The priority rated order shall be placed at a fair and reasonable price, which shall include, where relevant, an appropriate compensation for all additional costs incurred by the economic operator. Amendment 238 Proposal for a regulation Article 28 – title Fines to operators for failure to comply with the obligation to reply to mandatory information requests or to comply with priority rated orders Fines to operators for failure to comply with priority-rated orders Amendment 239 Proposal for a regulation Article 28 – paragraph 1 – point a (a)  where a representative organisation of economic operators or an economic operator, intentionally or through gross negligence, supplies incorrect, incomplete or misleading information in response to a request made pursuant to Article 24, or does not supply the information within the prescribed time limit; deleted Amendment 240 Proposal for a regulation Article 28 – paragraph 2 2.  Fines imposed in the cases referred to in paragraph 1 (a) and (b) shall not exceed 200 000 EUR. 2.  Fines imposed in the cases referred to in paragraph 1 (b) shall not exceed 200 000 EUR. Fines imposed on economic operators that are SMEs, as defined in Recommendation 2003/361/EC, shall not exceed 25 000 EUR. Amendment 241 Proposal for a regulation Article 28 – paragraph 3 3.  Fines imposed in the cases referred to in paragraph 1 (c) shall not exceed 1 % of the average daily turnover in the preceding business year for each working day of non-compliance with the obligation pursuant to Article 27 (priority rated orders) calculated from the date established in the decision not exceeding 1% of total turnover in the preceding business year. 3.  Fines imposed in the cases referred to in paragraph 1 (c) shall not exceed 1 % of the average daily turnover in the preceding business year for each working day of non-compliance with the obligation pursuant to Article 27 (priority rated orders) calculated from the date established in the decision not exceeding 1% of the global turnover in the preceding business year. Fines imposed on economic operators that are SMEs, as defined in Recommendation 2003/361/EC, shall not exceed 0,25% of the global total turnover in the preceding business year. Amendment 242 Proposal for a regulation Article 28 – paragraph 4 4.  In fixing the amount of the fine, regard shall be had to the size and economic resources of the economic operator concerned, to the nature, gravity and duration of the infringement, taking due account of the principles of proportionality and appropriateness. 4.  In fixing the amount of the fine, the Commission shall take into account the size and economic resources of the economic operator concerned, to the nature, gravity and duration of the infringement, taking due account of the principles of proportionality and appropriateness. The impact of the crisis on the economic operator and its business activities shall also be taken into account. Amendment 243 Proposal for a regulation Article 29 – paragraph 1 – point a (a)  two years in the case of infringements of provisions concerning requests of information pursuant to Article 24; deleted Amendment 244 Proposal for a regulation Article 29 – paragraph 1 – point b (b)  three years in the case infringements of provisions concerning the obligation to prioritise the production of crisis-relevant goods pursuant to Article 26(2). (b)  three years in the case infringements of provisions concerning the obligation to prioritise the production of crisis-relevant goods pursuant to Article 27. Amendment 245 Proposal for a regulation Article 31 – paragraph 1 – introductory part 1.  Before adopting a decision pursuant to Article 28, the Commission shall give the economic operator or representative organisations of economic operators concerned the opportunity of being heard on: 1.  Before adopting a decision pursuant to Article 28, the Commission shall give the economic operator concerned the opportunity of being heard on: Amendment 246 Proposal for a regulation Article 31 – paragraph 2 2.  Undertakings and representative organisations of economic operators concerned may submit their observations to the Commission’s preliminary findings within a time limit which shall be fixed by the Commission in its preliminary findings and which may not be less than 21 days. 2.  The economic operators concerned may submit their observations to the Commission’s preliminary findings within a time limit which shall be fixed by the Commission in its preliminary findings and which may not be less than 21 days. Amendment 247 Proposal for a regulation Article 31 – paragraph 3 3.  The Commission shall base its decisions only on objections on which economic operators and representative organisations of economic operators concerned have been able to comment. 3.  The Commission shall base its decisions only on objections on which economic operators concerned have been able to comment. Amendment 248 Proposal for a regulation Article 31 – paragraph 4 4.  The rights of defence of the economic operator or representative organisations of economic operators concerned shall be fully respected in any proceedings. The economic operator or representative organisations of economic operators concerned shall be entitled to have access to the Commission's file under the terms of a negotiated disclosure, subject to the legitimate interest of economic operators in the protection of their business secrets. The right of access to the file shall not extend to confidential information and internal documents of the Commission or the authorities of the Member States. In particular, the right of access shall not extend to correspondence between the Commission and the authorities of the Member States. Nothing in this paragraph shall prevent the Commission from disclosing and using information necessary to prove an infringement. 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 an infringement. Amendment 249 Proposal for a regulation Article 32 – title Coordinated distribution of strategic reserves Solidarity and coordinated distribution of strategic reserves Amendment 250 Proposal for a regulation Article 32 – paragraph -1 (new) -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 all competent authorities and streamline the coordination of Member States’ responses. Amendment 251 Proposal for a regulation Article 32 – paragraph 1 Where the strategic reserves constituted by the Member States in accordance with Article 12 prove to be insufficient to meet the needs related to the Single Market emergency, the Commission, taking into consideration the opinion provided by the advisory group, may recommend to the Member States to distribute the strategic reserves in a targeted way, where possible, having regard to the need not to further aggravate disruptions on the Single Market, including in geographical areas particularly affected by such disruptions and in accordance with the principles of necessity, proportionality and solidarity and establishing the most efficient use of reserves with a view to ending the Single Market emergency. Where the strategic reserves constituted by the Member States in accordance with Article 8a prove to be insufficient to meet the needs related to the internal market emergency, the Commission, duly taking into consideration the opinion provided by the Board, may recommend to the Member States to distribute the strategic reserves in a targeted way, where possible, having regard to the need not to further aggravate disruptions on the internal market, including in geographical areas particularly affected by such disruptions and in accordance with the principles of necessity, proportionality and solidarity and establishing the most efficient use of reserves with a view to ending the internal market emergency. Amendment 252 Proposal for a regulation Article 33 – title Measures to ensure the availability and supply of crisis-relevant goods and services Measures to ensure the availability and supply of crisis-relevant goods or services Amendment 253 Proposal for a regulation Article 33 – paragraph 1 1.  The Commission may, when it considers that there is a risk of a shortage of crisis-relevant goods, recommend that Member States implement specific measures to ensure the efficient re-organisation of supply chains and production lines and to use existing stocks to increase the availability and supply of crisis-relevant goods and services, as quickly as possible. 1.  The Commission may, when it considers that there is a risk of a shortage of crisis-relevant goods and services, taking into account the opinion of the Board, recommend that Member States take specific measures, including to ensure the efficient supply chains and production lines. Amendment 254 Proposal for a regulation Article 33 – paragraph 2 – point a (a)  facilitating the expansion or repurposing of existing or the establishment of new production capacities for crisis-relevant goods; (a)  facilitating the expansion or repurposing of existing or the establishment of new production capacities for crisis-relevant goods or services; Amendment 255 Proposal for a regulation Article 33 – paragraph 2 – point c a (new) (ca)  facilitating the free movement of crisis-relevant services. Amendment 256 Proposal for a regulation Part V – title Procurement Public procurement Amendment 257 Proposal for a regulation Part V – Chapter I – title Procurement of goods and services of strategic importance and crisis-relevant goods by the Commission on behalf of Member States during vigilance and emergency modes Public procurement of goods and services of critical importance and crisis-relevant goods and services by the Commission on behalf of Member States during vigilance and emergency modes Amendment 258 Proposal for a regulation Article 34 – paragraph 1 1.  Two or more Member States may request that the Commission launch a procurement on behalf of the Member States that wish to be represented by the Commission (ʽparticipating Member Statesʼ), for the purchasing of goods and services of strategic importance listed in an implementing act adopted pursuant to Article 9(1) or crisis-relevant goods and services listed in an implementing act adopted pursuant to Article 14(5). 1.  Two or more Member States may request that the Commission launch a procurement on behalf of the Member States that wish to be represented by the Commission (ʽparticipating Member Statesʼ), for the purchasing of goods and services of critical importance listed in an implementing act adopted pursuant to Article 9(1) or crisis-relevant goods and services listed in an implementing act adopted pursuant to Article 14(5). Amendment 259 Proposal for a regulation Article 34 – paragraph 2 2.  The Commission shall assess the utility, necessity and proportionality of the request. Where the Commission intends not to follow the request, it shall inform the Member States concerned and the advisory group referred to in Article 4 and give reasons for its refusal. 2.  The Commission, in consultation with the Board, shall assess without delay the necessity and proportionality of the request referred to in paragraph 1. Where the Commission intends not to follow that request, it shall inform the Member States concerned and the Board and give reasons for its refusal. Amendment 260 Proposal for a regulation Article 34 – paragraph 3 3.  Where the Commission agrees to procure on behalf of the Member States, it shall draw up a proposal for a framework agreement to be concluded with the participating Member States allowing the Commission to procure on their behalf. This agreement shall lay down the detailed conditions for the procurement on behalf of the participating Member States referred to in paragraph 1. 3.  Where the Commission agrees to procure on behalf of the 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 a framework agreement to be concluded with the participating Member States allowing the Commission to procure on their behalf. This agreement shall lay down the detailed conditions for the procurement, including practical arrangements, rules for decision making and the proposed quantities, on behalf of the participating Member States. Amendment 261 Proposal for a regulation Article 34 – paragraph 3 a (new) 3a.  Where the Commission is unable to award the contract to a suitable economic operator, it shall immediately inform the Member States thereof in order to allow them to initiate their own procurement processes without delay. Amendment 262 Proposal for a regulation Article 35 – paragraph 1 1.  The agreement [referred to in Article 34(3) shall establish a negotiating mandate for the Commission to act as a central purchasing body for relevant goods and services of strategic importance or crisis-relevant goods and services on behalf of the participating Member States through the conclusion of new contracts. 1.  The agreement referred to in Article 34(3), point (b) shall establish a negotiating mandate, which shall include elements such as award criteria and how tenders shall be assessed, for the Commission to act as a central purchasing body for relevant goods and services of critical importance or crisis-relevant goods and services on behalf of the participating Member States through the conclusion of new contracts. Amendment 263 Proposal for a regulation Article 35 – paragraph 2 2.  In accordance with the agreement, the Commission may be entitled, on behalf of the participating Member States, to enter into contracts with economic operators, including individual producers of goods and services of strategic importance or crisis-relevant goods and services, concerning the purchase of such goods or services. 2.  In accordance with that agreement, the Commission may be entitled, on behalf of the participating Member States, to enter into contracts with economic operators, including individual producers of goods and services of critical importance or crisis-relevant goods and services, concerning the purchase of such goods or services. Amendment 264 Proposal for a regulation Article 35 – paragraph 3 3.  Representatives of the Commission or experts nominated by the Commission may carry out on-site visits at the locations of production facilities of relevant goods of strategic importance or crisis-relevant goods. deleted Amendment 265 Proposal for a regulation Article 35 – paragraph 3 a (new) 3a.   The Commission shall invite the participating Member States to appoint representatives to take part in the preparation of the procurement procedures. Amendment 266 Proposal for a regulation Article 36 – paragraph 2 2.  The contracts may include a clause stating that a Member State which has not participated in the procurement procedure may become a party to the contract after it has been signed, laying out in detail the procedure for doing so and its effects. 2.  The contracts shall include a clause stating that a Member State which has not participated in the procurement procedure may, subject to the agreement of the majority of the participating Member States, become a party to the contract after it has been signed, laying out in detail the procedure for doing so and its effects. Amendment 267 Proposal for a regulation Article 37 – paragraph 1 Where it is necessary to carry out a joint procurement between the Commission and one or more contracting authorities from Member States in accordance with the rules set out in Article 165(2) of Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council, the Member States may acquire, rent or lease fully the capacities jointly procured. 1.   The Commission and one or more contracting authorities from Member States may engage, as contracting parties, in a joint procurement procedure conducted pursuant to Article 165(2) of Regulation (EU, Euratom) 2018/1046 with a view to the purchase of crisis-relevant goods or goods and services of critical importance within a reasonable time frame. Amendment 268 Proposal for a regulation Article 37 – paragraph 1 a (new) 1a.   The participation in the joint procurement procedure shall be open to all Member States, as well as, by way of derogation from Article 165(2) of Regulation (EU, Euratom) 2018/1046, to the European Free Trade Association 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, in particular where this has been specifically provided for in a bilateral or multilateral treaty. Amendment 269 Proposal for a regulation Article 37 – paragraph 1 b (new) 1b.   The joint procurement procedure shall be preceded by a joint procurement agreement between the parties in order to determine the practical arrangements governing that procedure and the decision-making process with regard to the choice of the procedure, how the tenders shall be assessed and the criteria for awarding the contract, in accordance with the relevant Union law. Amendment 270 Proposal for a regulation Article 37 – paragraph 1 c (new) 1c.   The following conditions shall apply to the joint procurement procedure: (a)   it shall not negatively affect the functioning of the internal market and shall not constitute discrimination or a restriction of trade, nor shall it cause distortion of competition; (b)   it shall not have any direct financial impact on the budget of the countries referred to in paragraph1a that do not participate in the joint procurement procedure. Amendment 271 Proposal for a regulation Article 37 – paragraph 1 d (new) 1d.   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. The Commission shall communicate information to the European Parliament regarding sensitive documents in accordance with Article 9(7) of Regulation (EC) No 1049/2001. Amendment 272 Proposal for a regulation Article 38 – paragraph 1 When the Single Market emergency mode has been activated pursuant to Article 14, Member States shall consult each other and the Commission and coordinate their actions with the Commission and the representatives of the other Member States in the advisory group prior to launching procurement of crisis-relevant goods and services listed in an implementing act adopted pursuant to Article 14(5) in accordance with Directive 2014/24/EU of the European Parliament and of the Council55 . When the internal market emergency mode has been activated pursuant to Article 14, Member States shall consult each other and the Commission and coordinate their actions with the Commission and the representatives of the other Member States in the Board prior to launching procurement of crisis-relevant goods and services listed in an implementing act adopted pursuant to Article 14(5) in accordance with Directive 2014/24/EU of the European Parliament and of the Council55 . The Board may issue recommendations on the coordination of these actions. __________________ __________________ 55 Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC (OJ L 94, 28.3.2014, p. 65).. 55 Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC (OJ L 94, 28.3.2014, p. 65). Amendment 273 Proposal for a regulation Article 39 – paragraph 1 Where the Single Market emergency mode has been activated pursuant to Article 16 and procurement by the Commission on behalf of Member States has been launched in accordance with Articles 34 to 36, the contracting authorities of the participating Member States shall not procure goods or services covered by such procurement by other means. Where the internal market emergency mode has been activated pursuant to Article 14 and procurement by the Commission on behalf of Member States has been launched in accordance with Articles 34 to 36, the contracting authorities of the participating Member States shall not procure goods or services covered by such procurement by other means, except in cases referred to in Article 34(3a). Any procurement contracts concluded in violation of this Article shall be considered void. Amendment 274 Proposal for a regulation Article 40 Article 40 deleted 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) No 2016/679 and Directive 2002/58/EC on privacy and electronic communications, or the obligations of the Commission and, where appropriate, other Union institutions and bodies, relating to their processing of personal data under Regulation (EU) No 2018/1725, when fulfilling their responsibilities. 2.  Personal data shall not be processed or communicated except in cases where this is strictly necessary to the purposes of this Regulation. In such cases, the conditions of Regulation (EU) No 2016/679 and Regulation (EU) No 2018/1725 shall apply as appropriate. 3.  Where processing of personal data is not strictly necessary to the fulfilment of the mechanisms established in this Regulation, personal data shall be rendered anonymous in such a manner that the data subject is not identifiable. Amendment 275 Proposal for a regulation Part V a (new) Part Va Digital tools Amendment 276 Proposal for a regulation Article 41 – title Digital tools General provisions on digital tools Amendment 277 Proposal for a regulation Article 41 – paragraph 1 The Commission and the Member States may set up interoperable digital tools or IT infrastructures supporting the objectives of this Regulation. Such tools or infrastructures may be developed outside the duration of the Single Market Emergency. 1.  By ... [6 months after the entry into force of this Regulation], the Commission and the Member States shall 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 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 for the purposes of Article 7a, real time information on national restrictions as referred to in Article 41a, fast lanes as referred to in Article 41b and the stakeholder platform referred to in Article 41c. Amendment 278 Proposal for a regulation Article 41 – paragraph 2 The Commission shall, by means of implementing acts, set out the technical aspects of such tools or infrastructures. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 42(2). 2.   The Commission shall, by means of implementing acts, set out the technical aspects of such tools or infrastructures using, where possible, already existing IT tools or portals, such as Your Europe. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 42(2). Amendment 279 Proposal for a regulation Article 41 – paragraph 2 a (new) 2a.  Member States shall regularly exchange information with the Commission and among themselves on all matters falling within the scope of this Regulation via a secure channel of communication. Amendment 280 Proposal for a regulation Article 41 a (new) Article 41a Real-time information on national restrictions The Commission shall set up a dedicated public website combining information from Member States on the national restrictions provided for in the laws, regulations or administrative provisions of the Member States, as notified to the Commission pursuant to Article 19, including information on their scope and duration. The dedicated public website shall include an interactive map with relevant real-time information on those national restrictions. Amendment 281 Proposal for a regulation Article 41 b (new) Article 41b Fast lanes 1.  The Commission shall establish fast lanes that aim to facilitate the free movement of goods, services and workers, especially crisis-relevant goods and services. In particular, the Commission shall provide relevant templates or single digital declaration, registration or authorisation forms for cross-border activities, in particular for professional services in the areas of healthcare, installation, maintenance and repair, construction and food and agriculture in order to accelerate declaration, registration or authorisation procedures, including recognition of professional qualifications or posting of workers. Those templates or digital forms shall be available free of charge in all official languages of the Union, and valid in all Member States. 2.  Where in duly justified cases and in accordance with relevant Union law, Member States have introduced border restrictions, the Commission shall indicate fast lane border crossings that have been established, including, where possible, real-time information, to facilitate the free movement of goods, services and persons. Amendment 282 Proposal for a regulation Article 41 c (new) Article 41c Emergency and resilience stakeholder 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. That platform shall aim to encourage economic operators to draw up voluntary roadmaps in response to an internal market emergency. 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 questions; (c)  contribute to the exchange of information and best practices. 2.  The Commission and the Board shall take into account the outcomes of the sector-specific dialogue and partnerships, as well as any relevant input provided by stakeholders in accordance with paragraph 1 in the implementation of this Regulation. Amendment 283 Proposal for a regulation Article 42 – paragraph 1 1.  The Commission shall be assisted by a Single Market Emergency Instrument Committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011. 1.  The Commission shall be assisted by the internal market emergency and resilience committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011. Amendment 284 Proposal for a regulation Article 42 – paragraph 3 a (new) 3a.  Before the adoption of any implementing act pursuant to this Regulation, and taking its urgency into account, the Commission shall publish a draft thereof and invite all interested parties to submit their comments within a reasonable timeframe. Amendment 285 Proposal for a regulation Article 43 – paragraph 2 2.  The power to adopt delegated acts referred to in Article 6 shall be conferred on the Commission for a period of five years from date of entry into force of this Directive or any other date set by the co-legislators. 2.  The power to adopt delegated acts referred to in Article 6 shall be conferred on the Commission for a period of five years from ... [the date of entry into force of this Regulation]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period. Amendment 286 Proposal for a regulation Article 43 – paragraph 5 a (new) 5a.  A delegated act adopted pursuant to Article 6 shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of three months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by three months at the initiative of the European Parliament or of the Council. Amendment 287 Proposal for a regulation Article 44 – title Report and review Report, review and evaluation Amendment 288 Proposal for a regulation Article 44 – paragraph 1 1.  By [OP: please insert date = five years from the entry into force of this Regulation] and every five years thereafter, the Commission shall present a report to the European Parliament and the Council on the functioning of the contingency planning, vigilance and Single Market emergency response system suggesting any improvements if necessary, accompanied, where appropriate, by relevant legislative proposals. 1.  By … [OP: please insert date five years from the entry into force of this Regulation] and every three years thereafter, the Commission shall carry out an evaluation of the effectiveness of this Regulation and shall submit a report to the European Parliament and the Council. That report shall include, in particular, an evaluation of the following: (a)  the work of the Board , as well as its work in relation to the work of other relevant Union-level crisis management bodies; (b)  the stress tests, training and crisis protocols, referred to in this Regulation; (c)  the criteria for the activation of the emergency mode, referred to in Article 13; (d)  the digital tools put in place in accordance with Part Va; That report shall be accompanied, where appropriate, by relevant legislative proposals. Amendment 289 Proposal for a regulation Article 44 – paragraph 1 a (new) 1a.  The Commission shall present a report to the European Parliament, the Council and the European Economic and Social Committee, after each deactivation of the emergency mode, on the functioning of the emergency response system with suggestions for improvement, if necessary. That report shall, in particular, evaluate the impact of the emergency measures on the fundamental rights enshrined in the Charter of Fundamental Rights of the European Union, namely on the freedom to conduct business, the freedom to seek employment and to work, and on the right to collective bargaining and action, including the right to strike. Amendment 290 Proposal for a regulation Article 44 – paragraph 2 a (new) 2a.  For the purpose of paragraph 1, the Board and the competent authorities of the Member States shall provide the Commission with all available information upon its request. Amendment 291 Proposal for a regulation Article 45 – title Repeal Amendments to Regulation (EC) No 2679/98 Amendment 292 Proposal for a regulation Article 45 – paragraph 1 Council Regulation (EC) 2679/98 is repealed with effect from [date]. Council Regulation (EC) No 2679/98 is amended as follows: (1)  Article 2 is replaced by the following: ‘This Regulation shall not in any way affect the exercise of fundamental rights as recognised in the Member States and at Union level, including the right or freedom to strike or to take other action covered by the specific industrial relations systems in Member States, in accordance with national law and/or practice. Nor does it affect the right to negotiate, to conclude and enforce collective agreements, or to take collective action in accordance with national law and/or practice.’; (2)  The following Article is added: ‘Article 5a 1.  Where the internal market emergency mode referred to in Article 14 of Regulation …/2023 [IMERA] has been activated, Articles 3, 4 and 5 of this Regulation shall cease to apply for the duration of that mode. 2.  Paragraph 1 is without prejudice to any obligation arising from this Regulation prior to the activation of the emergency mode in accordance with the [IMERA Regulation].’. Amendment 293 Proposal for a regulation Article 46 – title Entry into force Entry into force and application Amendment 294 Proposal for a regulation Article 46 – paragraph 1 a (new) This Regulation shall apply from … [6 months after the entry into force].