Article 17

1. When assessing whether the conditions referred to in Article 3, point (3), are fulfilled in order to determine the need to activate the internal market emergency mode, the Commission and the Council shall, based on concrete and reliable evidence, assess whether the crisis creates one or more obstacles to the free movement of goods, services or persons, having an impact on at least one sector of vital societal functions or economic activities in the internal market. Where the crisis leads to a disruption to the functioning of supply chains, in addition to the criteria set out in the first subparagraph, the Commission and the Council shall assess whether the goods or services can be diversified or substituted or whether the workers concerned can be substituted. 2. When applying paragraph 1, the Commission and the Council shall, in particular, take into account the following indicators: the number of significant incidents notified pursuant to Article 13(1); the fact that the crisis has triggered the activation of any of the following: a relevant Council crisis response mechanism, including IPCR; the UCPM; or any of the mechanisms set up within the EU Health Security Framework, including the emergency framework established by Regulation (EU) 2022/2372; an estimation of the number or market position of, and market demand for, economic operators, as well as an estimation of the number of users, relying on the disrupted sector or sectors of the internal market for the provision of the goods or services concerned; an estimation of the types of goods and services or the number of persons, including workers, affected by the crisis; the impact or the potential impact of the crisis in terms of degree and duration on vital societal functions and economic activities, the environment and public safety; the fact that the economic operators affected by the crisis have not been able to provide a solution in a reasonable time to the particular aspects of the crisis on a voluntary basis; the geographical areas, including border regions and outermost regions, that are and could be affected by the crisis, including any cross-border impact on the functioning of supply chains that are indispensable to the maintenance of vital societal functions or economic activities in the internal market; the importance of the affected economic operators in maintaining a sufficient level of supply of the goods or services, taking into account the availability of alternative means for the provision of those goods or services; and the absence or shortage of substitutes for goods or services.

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Source: EUR-Lex (Cellar) · retrieved 2026-10-27 · Text as adopted (Official Journal); later amendments are not incorporated in this text.