[ParlTrack]

Proposal for a regulation
Recital 6

(6) The achievement of these objectives will be supported by a governance mechanism. At Union level, this Regulation establishes a European Semiconductor Board, composed of representatives of the Member States and chaired by the Commission. The European Semiconductor Board will provide advice to and assist the Commission on specific questions, including the consistent application of this Regulation, facilitating cooperation among Member States and exchanging information on issues relating to this Regulation. The European Semiconductor Board should hold separate meetings for its tasks under the different chapters of this Regulation. The different meetings may include different compositions of the high-level representatives and the Commission may establish subgroups.deleted

2022/09/12
Committee: ECON

Markus FERBER

Proposal for a regulation
Recital 14

(14) The capital intensity and complexity of the semiconductor industry might lead to underinvestment in strategically relevant sectors. Support from the Initiative should be used to address market failures or sub- optimal investment situations in a proportionate manner, and actions should not duplicate or crowd out private financing or distort competition in the internal market. All actions should have a clear added value for the Union and be subject to strong competition safeguards to prevent market distortions.

2022/09/12
Committee: ECON

Markus FERBER

Proposal for a regulation
Recital 38

(38) A number of undertakings providing semiconductor services or goods are assumed to be essential for an effective semiconductor supply chain in the Union’s semiconductor ecosystem, due to the number of Union undertakings relying on their products, their Union or global market share, their importance to ensure a sufficient level of supply or the possible impact of the disruption of supply of their products or services. The Member States should identify those key market actors in their territory.deleted

2022/09/12
Committee: ECON

Markus FERBER

Proposal for a regulation
Recital 42

(42) The semiconductor crisis stage should be triggered in the presence of concrete, serious, and reliable evidence of such a crisis. A semiconductor crisis occurs in case of serious disruptions to the supply of semiconductors leading to significant shortages which entail significant delays and negative effects on one or more important economic sectors in the Union, either directly or through ripple effects of the shortage, given that the Union’s industrial sectors represent a strong user base of semiconductors. Alternatively or in addition, a semiconductor crisis also occurs when serious disruptions of the supply of semiconductors lead to significant shortages which prevent the supply, repair and maintenance of essential products used by critical sectors, for instance medical and diagnostic equipment.deleted

2022/09/12
Committee: ECON

Markus FERBER

Proposal for a regulation
Recital 43

(43) In order to ensure an agile and effective response to such a semiconductor crisis, the Commission should be empowered to activate the crisis stage by means of an implementing acts and for a predetermined duration period, taking into account the opinion of the European Semiconductor Board. The Commission should assess the need for prolongation and prolong the duration of the crisis stage for a predetermined period, should such a necessity be ascertained, taking into account the opinion of the European Semiconductor Board.deleted

2022/09/12
Committee: ECON

Markus FERBER

Proposal for a regulation
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.deleted

2022/09/12
Committee: ECON

Markus FERBER

Proposal for a regulation
Recital 45

(45) Appropriate, effective and proportionate measures should be identified and implemented when the crisis stage is activated without prejudice to possible continued international engagement with relevant partners with the view to mitigating the evolving crisis situation. Where appropriate, the Commission should request information from undertakings along the semiconductor supply chain. Furthermore, the Commission should be able to, where necessary and proportionate, oblige Integrated Production Facilities and Open EU Foundries to accept and prioritise an order of the production of crisis-relevant products, and to act as a central purchasing body when mandated by Member States. The Commission could limit the measures to certain critical sectors. In addition, the European Semiconductor Board may advise on the necessity of introducing an export control regime pursuant to Regulation (EU) 2015/479 of the European Parliament and of the Council60 . The European Semiconductor Board may also assess and advise on further appropriate and effective measures. The use of all these emergency measures should be proportionate and restricted to what is necessary to address the significant disturbances at stake insofar as this is in the best interest of the Union. The Commission should regularly inform the European Parliament and the Council of the measures taken and the underlying reasons. The Commission may, after consulting with the Board, issue further guidance on the implementation and use of the emergency measures. _________________ 60 Regulation (EU) 2015/479 of the European Parliament and of the Council of 11 March 2015 on common rules for exports (OJ L 83, 27.3.2015, p. 34).deleted

2022/09/12
Committee: ECON

Markus FERBER

Proposal for a regulation
Recital 48

(48) In order to ensure that critical sectors can continue to operate in a time of crisis and when necessary and proportionate for this purpose, Integrated Production Facilities and Open EU Foundries could be obliged by the Commission to accept and prioritise orders of crisis-relevant products. This obligation may also be extended to semiconductor manufacturing facilities which have accepted such possibility in the context of receiving public support. The decision on a priority rated order should be taken in accordance with all applicable Union legal obligations, having regard to the circumstances of the case. The priority rating obligation should take precedence over any performance obligation under private or public law while it should have regard for the legitimate aims of the undertakings and the cost and effort required for any change in production sequence. Undertakings may be subject to penalties if they fail to comply with the obligation for priority rated orders.deleted

2022/09/12
Committee: ECON

Markus FERBER

(49) The undertaking concerned should be obliged to accept and prioritise a priority rated order. In exceptional and duly justified cases, the undertaking could request the Commission to review the imposed obligation. This applies either where the facility is unable to fulfil the order even if prioritised, be it due to insufficient production capability or production capacity, or because this would place an unreasonable economic burden and entail particular hardship on the facility.deleted

2022/09/12
Committee: ECON

Markus FERBER

Proposal for a regulation
Recital 50

(50) Under the exceptional circumstance that an undertaking operating along the semiconductor supply chain in the Union receives a priority rated order request from a third country, it should inform the Commission of this request, so as to inform an assessment of whether, if there is a significant impact on the security of supply to critical sectors, and the other requirements of necessity, proportionality and legality are satisfied in the circumstances of the case, the Commission should likewise enact a priority rated order obligation.deleted

2022/09/12
Committee: ECON

Markus FERBER

Proposal for a regulation
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.~~deleted

2022/09/12
Committee: ECON

Markus FERBER

Proposal for a regulation
Article 2 – paragraph 1 – point 10

(10) ‘first-of-a-kind facility’ means an industrial facility capable of semiconductor manufacturing, including front-end or back-end, or both, that is not substantively already present or committed to be built within the Union, for instance with regard to ~~the technology node, substrate material, such as silicon carbide and gallium nitride, and othe~~product or pro~~duct~~cess innovation that can offer ~~better performance, process innovation or energy and environmental~~substantially better computing or energy consumption performance;

2022/09/12
Committee: ECON

Markus FERBER

Proposal for a regulation
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 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.

2022/09/12
Committee: ECON

Markus FERBER

Proposal for a regulation
Article 15 – paragraph 5

5. Where the Commission becomes aware of a potential semiconductor crisis, a significant fluctuation in demand or has concrete and reliable information of any other risk factor or event materialising, based on an alert by a Member State provided in accordance with paragraph 4, or through other sources, including information from international partners, it shall without undue delay: (a) convene an extraordinary meeting of the European Semiconductor Board to coordinate the following actions: (1) assessing whether the activation of the crisis stage referred to in Article 18 is warranted; (2) discussing whether it may be appropriate, necessary and proportionate for Member States to jointly purchase semiconductors, intermediate products or raw materials affected or at threat of being affected by a potential semiconductor crisis (‘coordinated procurement’); (b) enter into consultations or cooperation, on behalf of the Union, with relevant third countries with a view to seeking cooperative solutions to address supply chain disruptions, in compliance with international obligations. This may involve, where appropriate, coordination in relevant international fora.deleted

2022/09/12
Committee: ECON

Markus FERBER

Proposal for a regulation
Article 15 – paragraph 6

6. The coordinated procurement referred to in paragraph 5, point (a)(ii), shall be carried out by Member States in accordance with the rules set out in Article 38 of Directive 2014/24/EU of the European Parliament and of the Council66 . _________________ 66 Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC (OJ L 94, 28.3.2014, p. 65).deleted

2022/09/12
Committee: ECON

Markus FERBER

Proposal for a regulation
Article 15 – paragraph 7

7. National competent authorities designated pursuant to Article 26(1) shall 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 shall 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.deleted

2022/09/12
Committee: ECON

Markus FERBER

Proposal for a regulation
Article 17

1. Member States shall identify key market actors along the semiconductor supply chains in their national territory, taking into account the following elements: (a) the number of other Union undertakings relying on the service or good provided by a market actor; (b) the Union or global market share of the key market actor in the market for such services or goods; (c) the importance of a market actor in maintaining a sufficient level of supply of a service or good in the Union, taking into account the availability of alternative means for the provision of that service or good; (d) the impact a disruption of supply of the service or good provided by the market actor may have on the Union’s semiconductor supply chain and dependent markets. 2. When monitoring the semiconductor value chain pursuant to Article 15, Member States shall, after consulting the European Semiconductor Board, monitor the availability and integrity of the services or goods which those kArticle 17 deleted Key market actors ~~provide.~~

2022/09/12
Committee: ECON

Markus FERBER

Proposal for a regulation
Chapter IV – Section 2

~~[...]~~deleted

2022/09/12
Committee: ECON

Markus FERBER

Proposal for a regulation
Chapter V – Section 1

~~[...]~~deleted

2022/09/12
Committee: ECON

Markus FERBER

Proposal for a regulation
Article 26 – paragraph 2

2. Where a Member States designates more than one national competent authority, it~~hey~~ shall clearly set out the respective responsibilities of the authorities concerned and ensure that they cooperate effectively and efficiently to fulfil their tasks under this Regulation, including with regard to the designation and activities of the national single point of contact referred to in paragraph 3.

2022/09/12
Committee: ECON

Markus FERBER

Proposal for a regulation
Article 27 – paragraph 1

1. The Commission and the national competent authorities, their officials, servants and other persons working under the supervision of these authorities as well as officials and civil servants of other authorities of the Member States shall not disclose information acquired or exchanged by them pursuant to this Regulation and of the kind covered by the obligation of professional secrecy. They shall at all times respect the confidentiality of information and data obtained in carrying out their tasks and activities in such a manner as to protect in particular intellectual property rights and sensitive business information or trade secrets. This obligation shall apply to all representatives of Member States, observers, experts and other participants attending meetings of the European Semiconductor Board pursuant to Article 23 and the members of the Committee pursuant to Article 33(1).

2022/09/12
Committee: ECON

Markus FERBER

Proposal for a regulation
Article 28 – paragraph 2

2. Fines imposed in the cases referred to in paragraph 1 (a) and (b) shall not exceed 3200 000 EUR.

2022/09/12
Committee: ECON

Markus FERBER

Proposal for a regulation
Article 28 – paragraph 3

3. Periodic penalty payments imposed in the cases referred to in paragraph 1 (c) shall not exceed 1.5 % of the average daily turnover in the preceding business year for each working day of non-compliance with the obligation pursuant to Article 21 calculated from the date established in the decision.

2022/09/12
Committee: ECON

Markus FERBER

Proposal for a regulation
Article 30 – paragraph 1

1. The power of the Commission to enforce decisions taken pursuant to Article 28 shall be subject to a limitation period of t~~hree~~wo years.

2022/09/12
Committee: ECON

Markus FERBER

Proposal for a regulation
Article 35 – paragraph 1

1. By three years after the date of application of this Regulation and every four years thereafter, the Commission shall submit a report on the evaluation and review of this Regulation to the European Parliament and to the Council. The evaluation shall in particular focus on the following aspects: - the effectiveness in contributing to the build-up, strengthening and innovativeness of the European semiconductor ecosystem; - the effectiveness in contributing to the autonomy of the European economy; - the impact on competition in the European semiconductor sector; - the impact on the competitiveness of the European semiconductor sector; - the appropriateness of the governance structure set out in this Regulation; - the appropriateness of the market intervention tools set out in this Regulation; - an analysis if the measures in this Regulation have led to crowding out of private investments; - an analysis of recent trends in the semiconductor industry and how the provisions of this Regulation fit with overall market trends; - an assessment on whether the initiative should be continued in the next MFF and, if so, an estimate of the appropriate financial provisions. The reports shall be made public.

2022/09/12
Committee: ECON

25 Amendments of Markus FERBER related to 2022/0032(COD)

ParlTrack - 2011-2024