46 Amendments of Kosma ZŁOTOWSKI related to 2022/0032(COD)
Amendment 30 #
Proposal for a regulation
Recital 3
Recital 3
(3) This framework pursues two objectives. The first objective is to ensure the conditions necessary for the competitiveness and innovation capacity of the Union and to ensure the adjustment of the industryvaluate the industry competitiveness and to structural changes due to fast innovation cycles and the need for sustainability of supply and production. The second objective, separate and complementary to the first one, is to improve the functioning of the internal market by laying down a uniform Union legal framework for increasing the Union’s resilience and security of supply in the field of semiconductor technologies.
Amendment 34 #
Proposal for a regulation
Recital 5
Recital 5
(5) The use of semiconductors is critical for multiple economic sectors and societal functions in the Union and therefore, a resilient supply is essential for the functioning of the internal market. Given the wide circulation of semiconductor products across borders, the resilience and security of supply of semiconductors can be best addressed through Union harmonising legislation based on Article 114 of the Treaty. With a view to enabling coordinated measures for building resilience, harmonised rules for facilitating the implementation of specific projects that contribute to the security of supply of semiconductors in the Union are necessary. The proposed monitoring and crisis response mechanism should be uniform to enable a coordinated approach to crisis preparedness for the cross-border semiconductor value chain. Given the lack of the impact assessment accompanying the Commission proposal and proposed untested method of subsidizing production, the Commission should regularly and carefully publish and deliver relevant information and assessments about the impact of this regulation on internal market, competitiveness and the EU and national budgets.
Amendment 60 #
Proposal for a regulation
Recital 17 a (new)
Recital 17 a (new)
(17 a) ‘semiconductor crisis’ means a serious disruption to the supply of semiconductors, leading to significant long-term or structural shortages of semiconductors, which poses a serious threat to the functioning of critical sectors;
Amendment 70 #
Proposal for a regulation
Recital 27
Recital 27
Amendment 77 #
Proposal for a regulation
Recital 28
Recital 28
(28) In light of this, tThe Commission, in consultation with the European Semiconductor Board, should prepar and relevant stakeholders, should assess and evaluate the grounneed for a certification of green, trusted and secure chips and embedded systems that rely on or make extensive use of semiconductor technologies. In particular, they should discuss and identify the relevant sectors and products in need of such certification. The added value of the Union certification should be quantified, accompanied with the cost-benefit analysis and confirmed by the independent assessment which should be published.
Amendment 87 #
Proposal for a regulation
Recital 35
Recital 35
(35) As part of the monitoring, national competent authorities should also do a mapping of undertakings operating in the Union along the semiconductor supply chain established in their national territory and notify this information to the Commission taking into account professional secrecy.
Amendment 90 #
Proposal for a regulation
Recital 36
Recital 36
(36) In order to facilitate effective monitoring, in-depth assessment of the risks associated with different stages of the semiconductor value chain is needed, including on the origins and sources of supplies beyond the Union. Such risks may be related to critical inputs and equipment for the industry, including digital products that may be vulnerable, possible impact of counterfeit semiconductors, manufacturing capacities inventory level of semiconductors in the critical sectors and other risks that may disrupt, compromise or negatively affect the supply chain. Those risks could include supply chains with a single point of failure or which are otherwise highly concentrated. Other relevant factors could include the availability of substitutes or alternative sources for critical inputs and resilient and sustainable transport. The Commission should, assisted by the European Semiconductor Board and taking also into account information received from the main user categories, develop a Union level risk assessment.
Amendment 94 #
Proposal for a regulation
Recital 39 a (new)
Recital 39 a (new)
(39 a) In order to prevent the disruption in market competitiveness, the Commission should analyse the long-term effects of the subsidies granted in relation to this Regulation on innovations as subsidies and other forms of support can encourage complacency at recipient firms, therefore acting against technological upgrading in the semiconductor industry. The analysis should be publicly available and updated at least every 3 years.
Amendment 98 #
Proposal for a regulation
Recital 44
Recital 44
(44) Close cooperation between the Commission and the Member States and coordination of any national measures taken with regard to the semiconductor supply chain is indispensable during the crisis stage with a view to addressing disruptions with the necessary coherence, resiliency and effectiveness. To this end, the European Semiconductor Board should hold extraordinary meetings as necessary. Any measures taken should be strictly limited to the duration period of the crisis stage and should be evidence based with quantified or, in the absence of sufficient information, duly estimated impact on the internal market.
Amendment 110 #
Proposal for a regulation
Article 1 – paragraph 1 – point c
Article 1 – paragraph 1 – point c
(c) setting up a coordination mechanism between the Member States and the Commission for monitoring the supply of semiconductors and crisis response to semiconductor shortages in the specific cases..
Amendment 117 #
Proposal for a regulation
Article 2 – paragraph 1 – point 16 a (new)
Article 2 – paragraph 1 – point 16 a (new)
(16 a) ‘critical entity’ means a critical entity as defined in Article 2(1) of Directive (EU) No 2022/…. on the resilience of critical entities];
Amendment 126 #
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. The general objective of the Initiative is to support large-scale technological capacity building and innovation throughout the Union to enable development and deployment of cutting- edge and next generation semiconductor and quantum technologies that will demonstrably and quantifiably prove the added value of the investment for the Union citizens, in sectors where no private alternative of funding exists, reinforce the Union advanced design, systems integration and chips production capabilities, as well as contribute to the achievement of the twin digital and green transition.
Amendment 183 #
Proposal for a regulation
Article 15 – title
Article 15 – title
Monitoring and alerting of semiconductor crisis
Amendment 184 #
Proposal for a regulation
Article 15 – paragraph 1 – subparagraph 1 – introductory part
Article 15 – paragraph 1 – subparagraph 1 – introductory part
When Member States receive relevant and reliable information about warning indicators identified pursuant to Article 16, they shall carry out regular monitoring of the semiconductor value chain. In particular, they shall:
Amendment 185 #
Proposal for a regulation
Article 15 – paragraph 1 – subparagraph 1 – point a
Article 15 – paragraph 1 – subparagraph 1 – point a
(a) monitorencourage relevant stakeholders to monitor and inform them about early warning indicators identified pursuant to Article 16;
Amendment 186 #
Proposal for a regulation
Article 15 – paragraph 1 – subparagraph 1 – point a a (new)
Article 15 – paragraph 1 – subparagraph 1 – point a a (new)
(a a) identify best practices for risk mitigation and crisis measures;
Amendment 187 #
Proposal for a regulation
Article 15 – paragraph 1 – subparagraph 1 – point a b (new)
Article 15 – paragraph 1 – subparagraph 1 – point a b (new)
(a b) assess the risks threatening the functioning of critical entities in relation semiconductors;
Amendment 188 #
Proposal for a regulation
Article 15 – paragraph 1 – subparagraph 1 – point a c (new)
Article 15 – paragraph 1 – subparagraph 1 – point a c (new)
(a c) compare and quantify the impacts of the available risk mitigation measures;
Amendment 189 #
Proposal for a regulation
Article 15 – paragraph 1 – subparagraph 2
Article 15 – paragraph 1 – subparagraph 2
Member States shall provide relevant findings to the European Semiconductor Board in the form of regular updates.
Amendment 190 #
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. Member States shall invitencourage the main users of semiconductors and other relevant stakeholders to provide information regarding significant fluctuations in demand and known disruptions of their supply chain. To facilitate the exchange of information, Member States shall provide for a mechanism and administrative set-up for these updatesis information.
Amendment 192 #
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
3. National competent authorities designated pursuant to Article 26(1) may request information from representative organisations of undertakings or individual undertakings operating along the semiconductor supply chain where necessary and proportionate for the purpose of paragraph 1. National competent authorities in such case will pay particular attention to SMEs to minimise administrative burden resulting from the request and will privilege digital solutions for obtaining such information. Any information obtained pursuant to this paragraph shall be treated in compliance with the confidentiality obligations set out in Article 27. Provision of such information shall be voluntary.
Amendment 195 #
Proposal for a regulation
Article 15 – paragraph 4
Article 15 – paragraph 4
4. Where a Member State becomes aware of a potentially considerable semiconductor crisis, a significant fluctuation in demand or has concrete and reliable information of any other risk factor or event materialising, it shall immediatelmay alert the Commission (‘early warning’).
Amendment 196 #
Proposal for a regulation
Article 15 – paragraph 7
Article 15 – paragraph 7
7. National competent authorities designated pursuant to Article 26(1) shallmay map undertakings operating along the semiconductor supply chain in their national territory, including non- confidential information on the services or goods, and contact information. They shallmay notify this list and any subsequent update to the Commission. The Commission may issue guidance, after consulting the European Semiconductor Board, to further specify the information to be gathered and define the technical specifications and formats.
Amendment 198 #
Proposal for a regulation
Article 16 – paragraph 2 a (new)
Article 16 – paragraph 2 a (new)
2 a. 2 a. By [18 months after entering into force of this Regulation], the Commission shall assess whether, in view of regulatory and market development, the risk assessment and early warning indicators are effective, proportionate, evidence-based and sufficient to identify the risks. The early warning indicators shall also assess the optimal level of resilience considering the market effectiveness, market flexibility, the resilience price premium and the risk premium. Where appropriate, the Commission shall amend or terminate this article for that purpose, accompanied by impact assessment including quantified cost-benefit analysis and an external study.
Amendment 201 #
Proposal for a regulation
Article 18 – paragraph 1 – introductory part
Article 18 – paragraph 1 – introductory part
1. A semiconductor crisis shall be considered to occur when there are serious long-term or structural disruptions in the supply of semiconductors leading to significant shortages, which:threatening the functioning of critical sectors.
Amendment 202 #
Proposal for a regulation
Article 18 – paragraph 1 – point a
Article 18 – paragraph 1 – point a
Amendment 203 #
Proposal for a regulation
Article 18 – paragraph 1 – point b
Article 18 – paragraph 1 – point b
Amendment 206 #
Proposal for a regulation
Article 18 – paragraph 4
Article 18 – paragraph 4
4. During theBefore and during the confirmed crisis stage, the Commission shall, upon request from a Member State or on its own initiative, convene extraordinary meetings of the European Semiconductor Board as necessary. Member States shall work closely with the Commission and coordinate any national measures taken with regard to the semiconductor supply chain within the European Semiconductor Board.
Amendment 208 #
Proposal for a regulation
Article 19 – paragraph 2
Article 19 – paragraph 2
2. The Commission may, after consulting the European Semiconductor Board,shall limit the measures provided for in Articles 21 and 22 to certain critical sectors the operation of which is disturbed or under threat of disturbance on account of the semiconductor crisis.
Amendment 212 #
Proposal for a regulation
Article 19 – paragraph 5
Article 19 – paragraph 5
5. The Commission shall regularly inform the European Parliament and the Council of any measures taken in accordance with paragraph 1 and explain the reasons of its decision while taking into account the professional or other relevant secrecy.
Amendment 217 #
Proposal for a regulation
Article 20 – paragraph 2
Article 20 – paragraph 2
2. The request for information shall be voluntary state its legal basis, be proportionate in terms of the granularity and volume of the data and frequency of access to the data requested, have regard for the legitimate aims of the undertaking and the cost and effort required to make the data available, and set out the time limit within which the information is to be provided. It shall also indicate the penalties provided for in Article 28.
Amendment 220 #
Proposal for a regulation
Article 20 – paragraph 3
Article 20 – paragraph 3
3. The owners of the undertakings or their representatives and, in the case of legal persons, companies or firms, or associations having no legal personality, the persons authorised to represent them by law or by their constitution shallmay supply the information requested on behalf of the undertaking or the association of undertakings concerned. Lawyers duly authorised to act may supply the information on behalf of their clients. The latter shallmay remain fully responsible if the information supplied is incomplete, incorrect or misleading.
Amendment 221 #
Proposal for a regulation
Article 20 – paragraph 4
Article 20 – paragraph 4
Amendment 223 #
Proposal for a regulation
Article 21
Article 21
Amendment 231 #
Proposal for a regulation
Article 21 – paragraph 6 a (new)
Article 21 – paragraph 6 a (new)
6 a. By [18 months after entering into force of this Regulation], the Commission shall assess whether, in view of regulatory, technical and market development, it is appropriate, effective, proportionate and justified to establish Common purchasing tool, and, where appropriate, shall amend or terminate this article for that purpose, accompanied by an impact assessment including quantified cost-benefit analysis and an external study.
Amendment 233 #
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
1. The Commission may, upon the request of two or more Member States, establish a mandate to act as a central purchasing body on behalf of the participating Member States (‘participating Member States’) for their public procurement of crisis-relevant products for certain critical sectors (‘common purchasing’). Common purchasing shall be exclusively used to adress supply chain shortages leading to the semiconductor crisis.
Amendment 235 #
Proposal for a regulation
Article 22 – paragraph 2
Article 22 – paragraph 2
2. The Commission shall, in consultation with the European Semiconductor Board, assess the utility, necessity and proportionality of the request. Where the Commission intends not to follow the request, it shall inform the Member States concerned and the European Semiconductor Board and give and publish reasons for its refusal.
Amendment 237 #
Proposal for a regulation
Article 22 – paragraph 5
Article 22 – paragraph 5
5. Where the procurement of crisis- relevant products includes financing from the Union budget, specific conditions may be set out in specific agreements with economic operators. The contracts shall be publicly available.
Amendment 243 #
Proposal for a regulation
Article 26 – paragraph 4
Article 26 – paragraph 4
4. Each Member State shall notify the Commission of the designation of the national competent authority not later than 60 days after entering into force of this Regulation and, where applicable, the reasons for designating more than one national competent authority, and the national single point of contact, including their precise tasks and responsibilities under this Regulation, their contact information and any subsequent changes thereto.
Amendment 244 #
Proposal for a regulation
Article 26 – paragraph 6
Article 26 – paragraph 6
6. Member States shall ensure that national competent authorities, whenever appropriate, and in accordance with Union and national law, consult and cooperate with other relevant national authorities, as well as with relevant interested parties. The Commission shall facilitate the regular exchange of experience between national competent authorities.
Amendment 250 #
Proposal for a regulation
Article 28
Article 28
Amendment 253 #
Proposal for a regulation
Article 29
Article 29
Amendment 254 #
Proposal for a regulation
Article 30
Article 30
Amendment 255 #
Proposal for a regulation
Article 31
Article 31
Amendment 257 #
Proposal for a regulation
Article 35 – paragraph 1 a (new)
Article 35 – paragraph 1 a (new)
1 a. The report shall quantify the impacts, it may consider the Total Net Present Social Value and Business Net Present Value. The report shall cover at least the following areas: (a) analysis of impacts on the foreign direct investments in the Union, including the analysis of countries structure and trends; (b) ex-ante and ex-post analysis of impact of this Regulation on the consumer welfare, including short-term and long term impacts; (c) ex-post and ex-ante cost-benefit analysis of this Regulation;Quantifiable measurable indicators that would confirm that the proposed regulation brings more benefit than costs; (d) ex-post review of the objetives stated in this Regulation, analysis of the deviations; (e) analysis of the subsudies measures in third countries, if applicable their impact on the consumer and internal market; (f) analysis of past semiconductor significant shortages and impacts of market or regulatory interventions leading to market balance.Analysis of market flexibility and market bariers in the semiconductor supply chain. (g) analysis of results and added value of investments under this Regulation
Amendment 258 #
Proposal for a regulation
Article 36 – paragraph 2 a (new)
Article 36 – paragraph 2 a (new)
This regulation shall expire by 31 December 2029.