Q&A Internal Market Emergency and Resilience Act

The EU legislators adopted the Internal Market Emergency and Resilience Act ("IMERA") on 8 November 2024. The Act, which shall apply from May 2026, addresses shortcomings exposed by the EU's past response to internal market crises. In the case of crises, such as natural disasters, public health emergencies, economic shocks or security concerns, the IMERA sets harmonised conditions for restrictions to the free movement of goods, persons and services. Simultaneously, it provides a list of prohibited measures, including bans on intra-Union export of crisis-relevant goods and restrictions on certain kinds of business travel linked to crisis-relevant goods or services.

The IMERA introduces two different modes, allowing different levels of permissible restrictions and powers to intervene in the market: 

1. In the case of a threat of a crisis, the IMERA provides for vigilance measures to safeguard the supply chain of critical goods and services. 
2. In the case of an actual crisis, the IMERA introduces emergency measures allowing for, among other things, joint procurements by the EU Member States. It also grants the European Commission specific powers, amongst others, to request economic operators to supply or produce certain goods. 

This Q&A provides further details on the new vigilance and emergency modes and gives an overview of the major changes introduced by the IMERA.