Contingency framework
1. The Commission, taking due consideration of the opinion of the Board and the input of relevant Union-level bodies, may adopt an implementing act to set out the detailed arrangements for a contingency framework regarding crisis preparedness, cooperation, exchange of information and crisis communication for the internal market vigilance and emergency modes. That implementing act shall set out the detailed arrangements for:
(a)
cooperation between the competent authorities of the Member States and Union-level bodies during the internal market vigilance and emergency modes;
(b)
secure exchange of information; and
(c)
a coordinated approach to crisis communication during the internal market vigilance and emergency modes vis-à-vis the public with a coordinating role for the Commission.
2. The implementing act referred to in paragraph 1 shall be adopted in accordance with the examination procedure referred to in Article 45(2).
3. The Commission and the Member States shall ensure arrangements are in place for timely cooperation and secure exchange of information between the Commission, the relevant Union-level bodies and the Member States concerning:
(a)
an inventory of the competent authorities of the Member States, the central liaison offices designated in accordance with Article 8 and the single points of contact referred to in Article 24, including their contact details, assigned roles and responsibilities during the internal market vigilance and emergency modes under this Regulation, in accordance with national law;
(b)
consultation of the representatives of economic operators, including SMEs, on their initiatives and actions to mitigate and respond to potential internal market crises;
(c)
consultation of social partners on the implications, for the free movement of workers, of their initiatives and actions to mitigate and respond to a potential crisis;
(d)
technical level cooperation during the internal market vigilance and emergency modes;
(e)
risk and emergency communication, with a coordinating role for the Commission, taking into account existing structures.
4. In order to ensure the operation of the framework established in accordance with paragraph 1, the Commission may conduct stress tests, simulations and in-action and after-action reviews with Member States, and propose that the relevant Union-level bodies and the Member States update the framework as necessary.
5. In order to promote and facilitate the free movement of goods and services during an internal market emergency mode, the Commission shall assist Member States in coordinating their efforts in laying down single digital forms for the purpose of declaration, registration or authorisation of activities carried out between Member States.
Voluntary crisis protocols
1. The Board may recommend the Commission to initiate the drawing up of voluntary crisis protocols by economic operators for addressing crises under the internal market emergency mode.
2. The Commission shall encourage and facilitate the drawing up of those voluntary crisis protocols by economic operators. Economic operators may decide, on a voluntary basis, whether to participate in voluntary crisis protocols.
3. The voluntary crisis protocols shall set out:
(a)
the specific parameters of the disruption that the voluntary crisis protocol seeks to address and the objectives it pursues;
(b)
the role of each participant under the voluntary crisis protocol and the preparatory measures they are to put in place once the internal market emergency mode has been activated to mitigate and respond to the crisis;
(c)
a clear procedure for determining the moment of the activation and the period during which the measures are to be taken once the crisis protocol has been activated;
(d)
actions to mitigate and respond to potential crises under the internal market emergency mode, strictly limited to what is necessary for addressing them.
4. The Commission shall, as appropriate, involve authorities of the Member States, and Union bodies, offices and agencies in drawing up the voluntary crisis protocols. The Commission may, where necessary and appropriate, also involve civil society organisations or other relevant organisations.
Training and simulations
1. The Commission shall develop and regularly organise training on crisis preparedness, coordination, cooperation and information exchange for the staff of the central liaison offices. It shall organise simulations involving the staff of the central liaison offices from all Member States based on potential scenarios of internal market emergencies.
2. In particular, the Commission shall develop and manage a training programme derived from lessons learnt from previous crises, including aspects of the entire emergency-management cycle, in order to provide a rapid response to crises under the internal market vigilance or emergency mode. That programme may include, in particular, the following:
(a)
monitoring, analysing and evaluating all relevant actions to facilitate the free movement of goods, services and persons;
(b)
promoting the implementation of best practices at Union and national level, and, where appropriate, best practices developed by countries outside the Union and international organisations;
(c)
developing guidance on knowledge dissemination and the implementation of different tasks at national and, where relevant, regional and local level;
(d)
encouraging the use of relevant new technologies and digital tools for the purpose of responding to internal market emergencies.
3. The Commission shall develop and make available training programmes and materials for stakeholders, including economic operators. Where relevant, the Commission may invite stakeholders to participate in training and simulations.
4. At the request of a Member State, the Commission may provide advice and support on crisis-preparedness and crisis-response measures, taking particular account of the needs and interests of that Member State.
Stress tests
1. The Commission, taking into consideration the opinion of the Board, shall conduct and coordinate stress tests, including simulations that aim to anticipate and prepare for a crisis in the internal market.
2. In particular, the Commission shall:
(a)
develop scenarios and parameters in a specific sector that capture the particular risks associated with a crisis, in order to assess the potential impact on the free movement of goods, services and persons in that sector;
(b)
facilitate and encourage the development of strategies for emergency preparedness;
(c)
identify, in cooperation with all actors involved, risk mitigation measures after the completion of the stress tests.
3. In order to identify the specific sector referred to in paragraph 2, point (a), the Commission, in cooperation with the Board, shall make use of all the existing tools at its disposal, including mapping exercises.
4. The Commission shall conduct stress tests regularly, and at least once every two years, at Union level. To that end, the Commission shall invite staff from the central liaison offices of all Member States to participate in simulations. The Commission may also invite other relevant actors involved in the prevention of, preparedness for and response to internal market emergencies to participate on a voluntary basis.
5. On the basis of a request by two or more Member States, the Commission may conduct stress tests in specific geographical areas or border regions in those Member States.
6. The Commission shall communicate the results of the stress tests conducted pursuant to this Article to the Board and publish a report thereon.
Ad hoc alerts for early warning
1. The central liaison office of a Member State shall notify the Commission and the central liaison offices of other Member States without undue delay of any significant incidents.
2. The central liaison offices and any relevant competent authorities of the Member States shall, in accordance with Union law and national law that is in compliance with Union law, adopt all measures necessary to treat the information referred to in paragraph 1 in a way that respects its confidentiality, protects the security and public order of the Union or the Member States, and protects the security and commercial interests of the economic operators concerned.
3. In order to determine whether incidents should be the object of an alert as referred to in paragraph 1, the central liaison office of a Member State shall take into account the following:
(a)
the market position or number of economic operators affected by the incident;
(b)
the duration or anticipated duration of the incident;
(c)
the geographical area and the proportion of the internal market affected by the incident and its cross-border effects, as well as its impact on particularly vulnerable or exposed geographical areas, such as the outermost regions; and
(d)
the impact of those incidents on non-diversifiable and non-substitutable goods.
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
