What changed between the plenary report and the adopted text

Article 13 – paragraph 1 – point a: (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;

Article 13 – paragraph 1 – point b: (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;

Article 13 – paragraph 1 – point c: (c) the critical importance of the goods, services or workers concerned for other sectors;

Article 13 – paragraph 1 – point c a (new): (ca) the estimated shortage of goods and services in the internal market;

Article 13 – paragraph 1 – point d: (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;

Article 13 – paragraph 1 – point e: (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;

Article 13 – paragraph 1 – point g: (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;

Article 13 – paragraph 1 – point i: (i) the absence or shortages of substitute for crisis-relevant goods, inputs or services;

Article 13 – paragraph 1 – point i a (new): (ia) the introduction of travel restrictions or border controls.

Article 14 – paragraph 1: 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.

Article 14 – paragraph 2: 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.

Article 14 – paragraph 3: 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.

Article 14 – paragraph 4: 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.

Article 14 – paragraph 5: 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.

Article 14 – paragraph 6: 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).

Article 15 – paragraph 1: 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.

Article 15 – paragraph 2: 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.

Article 15 – paragraph 3: 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.

Part IV – Title II – title: Free movement during the internal market emergency

Part IV – Title II – Chapter I – title: Measures facilitating free movement

Article 16 – title: Prohibited restrictions to free movement during an internal market emergency

Article 16 – paragraph 1: 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.

Article 16 – paragraph 2: 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.

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.

Article 16 – paragraph 3: 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.

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.

Article 17: deleted

Article 18 – paragraph 1: 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.

Article 18 – paragraph 2: 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.

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 internal market, the Commission shall adopt immediately applicable implementing acts in accordance with the procedure referred to in Article 42(3).

Article 19 – title: Notifications and information

Article 19 – paragraph 1 – subparagraph 1: 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.

Article 19 – paragraph 2: 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.

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 Board.

Article 19 – paragraph 5: 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.

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 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.

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 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.

Article 19 – paragraph 9: 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.

Article 19 – paragraph 10: 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.

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 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.

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 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.

Article 19 – paragraph 13: 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.

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 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.

Article 19 – paragraph 15: 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.

Article 19 – paragraph 16: 16. The Commission shall publish any information provided under this Article except information that is deemed confidential in accordance with paragraph 15.

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.

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.

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 internal market emergency mode;

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 internal market emergency mode;

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.

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. 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.

Article 22 – paragraph 2 – introductory part: 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:

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 internal market emergency mode or which affect the exercise of the free movement of goods, services and persons, including workers;

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 internal market emergency mode;

Article 22 – paragraph 2 – point c: (c) assistance in establishing a list with all national crisis measures and national contact points.

Article 22 – paragraph 2 a (new): 2a. Sufficient human and financial resources shall be allocated to the Union level single point of contact.

Title III – title: Internal market emergency response measures

Article 23 – paragraph 1: 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.

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 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.

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).