What changed between the adopted text of 13 Sept 2023 and the adopted text of 24 Apr 2024

Removed:Article 40: deleted / (deleted) / (deleted) / (deleted) / (deleted)

Removed:Part V a (new): Part Va / Digital tools

Removed:Article 41 – title: General provisions on digital tools

Removed:Article 41 – paragraph 1: 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.

Removed:Article 41 – paragraph 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).

Removed: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.

Removed: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.

Removed: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.

Removed: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.

Removed:Article 42 – paragraph 1: 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.

Removed: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.

Removed: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 ... [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.

Removed: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.

Removed:Article 44 – title: Report, review and evaluation

Removed:Article 44 – paragraph 1: 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.

Removed: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.

Removed: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.

Removed:Article 45 – title: Amendments to Regulation (EC) No 2679/98

Removed:Article 45 – paragraph 1: 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].’.

Removed:Article 46 – title: Entry into force and application

Removed:Article 46 – paragraph 1 a (new): This Regulation shall apply from … [6 months after the entry into force].