Recital 60

(60) When accepted, the obligation to perform the priority-rated request should take precedence over any performance obligation under private or public law. Each priority-rated request should be placed at a fair and reasonable price. It should be possible to carry out the calculation of such price on the basis of average market prices over recent years, subject to reasons being given for any increase or decrease, for example taking into account inflation or input costs. In light of the importance of ensuring the supply of crisis-relevant goods, which are indispensable to the maintenance of vital societal functions or economic activities in the internal market, compliance with the obligation to perform a priority-rated request should not entail liability to third parties for damages that may result from any breach of contractual obligations governed by the law of a Member State, to the extent that the breach of contractual obligations was necessary for compliance with the mandated prioritisation. Economic operators potentially within the scope of a priority-rated request should be allowed to provide, in the conditions of their commercial contracts, for the possible consequences of a priority-rated request. Without prejudice to the applicability of other provisions, the liability for defective products, provided for by Council Directive 85/374/EEC (38), should not be affected by that liability exemption.

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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.