Recital (95)

In order to enable precise and near real time assessments of the nature and severity of the supply crisis and of whether the deployment of prioritisation measures is necessary, the Commission should be able, where a Council implementing act so provides under the supply-crisis state or the security-related supply-crisis state, to address information requests to economic operators contributing to the production of the crisis-relevant products concerned. Such information requests should only be addressed where the available information is not sufficient and should be limited to information on production capabilities, production capacities or possible primary disruptions. In view of the sensitive nature of the information that might be requested, the Commission should receive the prior agreement of the Member State in which the production site of the relevant economic operator is located, and the requested information should be channelled through that Member State. Where the Member State concerned agrees to the launch of such information request, it should be able to decide to address that request directly to the relevant economic operator and inform the Commission thereof. It is also important for the Commission to be aware of information requests from third countries related to activities of economic operators established in the Union on the supply of crisis-relevant products, as such information requests could result in prioritisation measures from those third countries that might have a significant impact on the supply of such products in the Union and on the proper functioning of the internal market. Hence, the economic operator concerned should inform in due time the Member State on whose territory its production site is located which should, in turn, inform the Commission, so as to enable the Member State concerned and the Commission to request the economic operator concerned to provide information similar to that requested by the third country.