The European Commission discussed the possible presentation in September of the Single Market Emergency Instrument (SMEI) on Tuesday 17 May before the European Parliament’s Committee on the Internal Market and Consumer Protection (IMCO).
“The objective is to have an impact assessment in July and a proposal on the table of the Commission, possibly in Strasbourg, in September 2022”, said Giulia del Brenna, Head of Unit of the Commission’s single market department (DG GROW).
The instrument would therefore be presented in the same week as the European Commission President’s State of the Union speech, which is several months later than originally planned (see EUROPE 12713/6).
The European Commission is still waiting for the results of the questionnaires sent to Member States to find out what measures they deployed during the Covid-19 pandemic.
The senior European official expressed relative disappointment with the response to the call for evidence and public consultation, acknowledging that the subject matter was technical and the consultation period short.
The regulation will be based on Article 114 of the TFEU, Ms del Brenna said, and will be presented alongside a recommendation, confirming information from European Commissioner for Internal Market Thierry Breton (see EUROPE 12936/3). She also mentioned the possible presentation of an ‘omnibus’ legislative act to amend a whole series of directives.
On the issue of governance, the EU institution has not yet decided whether to set up a new high-level group or an expert group, Ms del Brenna said. The role of this group would be to provide advice and analysis on emergency situations. It would have no decision-making power.
In addition, the Commission is working on a legally robust definition of a crisis situation that remains flexible, given that crises are by definition unknown. This definition will therefore focus on the strength of the impact of a crisis on the movement of goods and people and not on its nature. There will be a case-by-case analysis. In the event of regional crises, such as a major cross-border flood, the analysis will focus on the indirect effects of such crises on the functioning of the single market.
Regarding the scope and duration of the future legislative proposal, the senior European official indicated that there will be a deadline for sending notifications, holding coordination meetings and dialogue between Member States. The aim is to avoid a period of limbo observed at the beginning of the pandemic.
One source of inspiration, according to Ms del Brenna, would be the EU’s integrated political crisis response mechanism (IPCR) that exists within the EU Council. This mechanism allows for the rapid development of concrete and coordinated measures between Member States in the event of major crises. (Original version in French by Pascal Hansens)