Recital 36

(36) In order to account for the exceptional nature of and potential far-reaching consequences for the functioning of the internal market during the internal market vigilance mode or during the internal market emergency mode, implementing powers should exceptionally be conferred on the Council for the activation of the internal market vigilance mode or the internal market emergency mode pursuant to Article 291(2) of the Treaty on the Functioning of the European Union (TFEU). The Council implementing act for the activation of the internal market vigilance mode should contain elements which are intrinsically linked to the assessment of the fulfilment of the preconditions justifying the activation, namely an assessment of the potential impact of the relevant crisis on the free movement of goods, services and persons, including workers, in the internal market and on its supply chains, a list of the goods and services of critical importance which are indispensable to the maintenance of vital societal functions or economic activities in the internal market and the vigilance measures to be taken. Furthermore, where the activation of the internal market emergency mode also requires the adoption of a list of crisis-relevant goods or of crisis-relevant services, or of both, that list should be adopted at the same time as the internal market emergency mode is activated and should therefore be intrinsically linked to that activation. For that reason, implementing powers should also be conferred on the Council for the adoption of that list of crisis-relevant goods or crisis-relevant services and any update thereto. It should be possible to extend the internal market vigilance mode or internal market emergency mode through a Council implementing act on a proposal from the Commission. If it transpires that there is no need for either of the modes to be active, then the respective mode should be deactivated.

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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.