Internal Market Emergency and Resilience Act (IMERA)
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Summary
Regulation (EU) 2024/2747 establishes a framework to ensure the functioning of the EU internal market during crises by improving preparedness, monitoring and coordinated response measures. It sets out procedures for identifying and addressing disruptions to the free movement of goods, services and persons and to the availability of crisis-relevant goods and services. It also provides tools for coordinated procurement and for prioritised production/supply in specific emergency situations, subject to safeguards.
Who is affected?
Member States’ competent authorities and the European Commission are responsible for preparedness, monitoring and crisis-response coordination under the framework. Businesses operating in the internal market—especially those involved in crisis-relevant goods and services and cross-border supply chains—may be subject to information requests and, in limited cases, emergency-related measures (e.g., priority-rated orders) under defined conditions.
Scope
Applies to EU-level preparedness and coordinated crisis response measures aimed at preventing and mitigating internal market disruptions affecting the free movement and the supply of crisis-relevant goods and services.
Key Points
- Creates an EU framework for internal market vigilance, preparedness and crisis response to safeguard free movement and supply chains during emergencies.
- Provides for monitoring and information-sharing mechanisms to detect and assess risks of internal market disruptions.
- Enables coordinated EU actions in an internal market emergency, including measures to support availability of crisis-relevant goods and services.
- Allows targeted information requests to economic operators and coordination with Member States, with safeguards on necessity and proportionality.
- Includes tools for coordinated procurement and, in specific circumstances, prioritised fulfilment/production measures to address acute shortages.
Key Deadlines
- — Adoption by co-legislators
- — Publication in Official Journal
- — Entry into force
- — Application date
Related Regulations
Frequently Asked Questions
Who must comply with the Internal Market Emergency and Resilience Act (IMERA)?
Member States’ competent authorities and the European Commission are primarily responsible for implementing IMERA. Businesses operating within the EU internal market, particularly those involved in crisis-relevant goods and services, may also be subject to certain obligations, such as information requests or prioritised orders during emergencies.
What is the main objective of IMERA?
IMERA aims to ensure the continued functioning of the EU internal market during crises by improving preparedness, monitoring risks, and enabling coordinated responses to disruptions affecting the free movement of goods, services, and persons.
What types of situations does IMERA address?
IMERA addresses situations where there is a risk or occurrence of significant disruptions to the internal market, such as shortages of essential goods or services, or barriers to the free movement of goods, services, or persons due to emergencies.
What are the key obligations for businesses under IMERA?
Businesses may be required to provide information relevant to crisis preparedness and response, and, in specific emergency scenarios, may be subject to prioritised production or supply orders for crisis-relevant goods and services, subject to safeguards and compensation mechanisms.
What penalties apply for non-compliance with IMERA?
Penalties for non-compliance are determined by national authorities in accordance with EU law and may include fines or other administrative measures, especially for failure to respond to information requests or to comply with emergency measures.
How does IMERA interact with other EU crisis frameworks?
IMERA is designed to complement existing EU crisis management mechanisms, such as the Union Civil Protection Mechanism and sector-specific emergency frameworks, ensuring that internal market considerations are integrated into broader crisis responses.
What are the practical steps for compliance with IMERA?
Businesses should monitor communications from competent authorities, maintain up-to-date records relevant to their supply chains, and be prepared to respond promptly to information requests or prioritised orders during an internal market emergency.
How are crisis-relevant goods and services identified under IMERA?
The European Commission, in coordination with Member States, identifies crisis-relevant goods and services based on risk assessments and the specific nature of the emergency, ensuring that measures are targeted and proportionate.
What safeguards are in place to protect businesses under IMERA?
IMERA includes safeguards to ensure that information requests and emergency measures are necessary, proportionate, and respect business confidentiality and fundamental rights. Compensation may be provided for prioritised orders that impose significant burdens.
When does IMERA apply and what are the timelines for action?
IMERA applies continuously for preparedness and monitoring, but specific crisis response measures are triggered by a formal recognition of an internal market emergency by the European Commission, with defined procedures and timelines for implementation.
Key Terms
- Internal Market Emergency
- A formally recognised situation where the functioning of the EU internal market is threatened by significant disruptions, triggering coordinated response measures under IMERA.
- Crisis-Relevant Goods and Services
- Products and services deemed essential for addressing or mitigating the effects of an internal market emergency, as identified by the European Commission and Member States.
- Prioritised Orders
- Mandatory requests for businesses to prioritise the production or supply of certain goods or services during an emergency, subject to safeguards and compensation.
- Vigilance Mode
- A monitoring and preparedness phase under IMERA, during which authorities assess risks and collect information to anticipate potential internal market disruptions.
- Coordinated Procurement
- Joint purchasing actions by Member States or the Commission to secure crisis-relevant goods and services efficiently during emergencies.
- Competent Authorities
- National bodies designated by Member States to implement and enforce IMERA obligations, including preparedness, monitoring, and crisis response.
- Information Request
- A formal demand by authorities for data from businesses regarding supply chains, production capacities, or other information relevant to crisis management.
- Proportionality Safeguard
- A legal requirement ensuring that any measures imposed under IMERA are limited to what is strictly necessary to address the emergency and do not unduly burden businesses.
- Supply Chain Resilience
- The ability of supply networks within the internal market to withstand and recover from disruptions, a key focus of IMERA’s preparedness measures.
- Union Coordination Group
- A body established under IMERA to facilitate cooperation and information exchange between the Commission and Member States during preparedness and emergency phases.