43 Amendments of Robert ROOS related to 2022/0032(COD)
Amendment 137 #
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 industry tovaluate the industry competitiveness and 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 139 #
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
(3 a) The resilience of the internal market should be built up on Union's key strengths in the global semiconductor ecosystem and cutting red tape for businesses active in the semiconductor supply chain, rather than by selecting a Union's semiconductor winners. The regulation cannot isolate European businesses, but help them establish business relationships with other global participants in the semiconductor ecosystem.
Amendment 141 #
Proposal for a regulation
Recital 3 b (new)
Recital 3 b (new)
(3 b) The internal market's resilience should also consider other factors, such as the demand side of the semiconductor market, long-term sustainability of production, and the resilience price premium. The Commission should analyse the key drivers of resilience and assess the optimal level of resilience effectively delivering the added value for consumers and businesses.
Amendment 227 #
Proposal for a regulation
Recital 27
Recital 27
Amendment 231 #
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 234 #
Proposal for a regulation
Recital 29
Recital 29
(29) When assessing and monitoring the market, the distinction should be made between the structural shortage and the short- or long-term shortage and the fact that the market is growing in cycles of oversupply and shortages. In light of the structural and long-term deficiencies of the semiconductor supply chain and the resulting risk of future structural or long- term shortages, this Regulation provides instruments for a coordinated approach to assessing, monitoring and effectively tackling possible market disruptions.
Amendment 251 #
(34) Member States should alert the Commission if relevant factors indicate a potential semiconductor crisis and, if feasible, evaluate and quantify the risk of the potential semiconductor crisis and its impact on the internal market. In order to ensure a coordinated response to address such crises, the Commission should upon the alert by a Member State or through other sources, including information from international partners, convene an extraordinary meeting of the European Semiconductor Board for assessing the need to activate the crisis stage and for discussing whether it may be appropriate, necessary and proportionate for Member States to carry out coordinated joint procurement. In case the joint procurement is considered, the Commission should evaluate and prepare a cost-benefit analysis of how the joint procurement measure helps in mitigating the risks and improving the resilience of the internal market. The Commission should engage in consultations and cooperation with relevant third countries with a view to addressing any disruptions in the international supply chain, in compliance with international obligations and without prejudice to procedural requirements under the Treaty on international agreements.
Amendment 258 #
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 264 #
(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 268 #
Proposal for a regulation
Recital 37
Recital 37
(37) In order to forecast and prepare for future disruptions of the different stages of the semiconductor value chain in the Union, the Commission should, assisted by the European Semiconductor Board, identify early warning indicators in the Union risk assessment. Such indicators could include the availability of raw materials, intermediate products and human capital needed for manufacturing semiconductors, or appropriate manufacturing equipment, the forecasted demand for semiconductors on the Union and global markets, price surges exceeding normal price fluctuation, the effect of accidents, attacks, natural disasters or other serious events, the effect of trade policies, tariffs, export restrictions, trade barriers and other trade related measures, and the effect of business closures, delocalisations or acquisitions of key market actors. Member States should monitor these early warning indicators based on available information cooperating with businesses on a voluntary basis. The indicators should be published and regularly reviewed.
Amendment 270 #
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 271 #
Proposal for a regulation
Recital 40
Recital 40
(40) As part of the monitoring, Member States and the Commission could specifically consider the availability and integrity of the services and goods of key markets actors. Such issues could be brought to the attention of the European Semiconductor Board by the Member State concerned.
Amendment 275 #
Proposal for a regulation
Recital 42
Recital 42
(42) The semiconductor crisis stage should be triggered in the presence of concrete, serious, quantified or, in the absence of sufficient information, duly estimated and reliable evidence of such a crisis. A semiconductor crisis occurs in case of serious disruptions to the supply of semiconductors leading to significant long- term structural 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 long- term structural shortages which prevent the supply, repair and maintenance of essential products used by critical sectors, for instance medical and diagnostic equipment.
Amendment 279 #
Proposal for a regulation
Recital 43
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 and relevant market stakeholders. 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 and relevant market stakeholders.
Amendment 281 #
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 313 #
Proposal for a regulation
Recital 53
Recital 53
(53) When the crisis stage is activated, two or more Member States could mandate the Commission to aggregate demand and act on their behalf for their public procurement in the public interest, in accordance with existing Union rules and procedures, leveraging its purchasing power. The mandate could authorise the Commission to enter into agreements concerning the purchase of crisis-relevant products for certain critical sectors. The Commission should assess for each request the utility, necessity and proportionality in consultation with the Board. The Commission should also assess and quantify the effectiveness of other available measures in order to limit the threat to the functioning of the internal market, including critical entities. Where it intends to not follow the request, it should inform the concerned Member States and the Board and givepublish its reasons. Furthermore, the participating Member States should be entitled to appoint representatives to provide guidance and advice during the procurement procedures and in the negotiation of the purchasing agreements. The deployment and use of purchased products should remain within the remit of the participating Member States.
Amendment 340 #
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 specific cases.
Amendment 384 #
Proposal for a regulation
Article 2 – paragraph 1 – point 17
Article 2 – paragraph 1 – point 17
(17) ‘crisis-relevant product’ means semiconductors, intermediate products and raw materials required to produce semiconductors or intermediate products, that are affected by the semiconductor crisis or of strategiccrucial importance to remedy the semiconductor crisis or economic effects thereof;
Amendment 385 #
Proposal for a regulation
Article 2 – paragraph 1 – point 17 a (new)
Article 2 – paragraph 1 – point 17 a (new)
(17 a) ‘semiconductor crisis’ means a serious disruption to the supply of semiconductors for critical entities leading to a significant secular structural shortage of products or services which leads to an extraordinary situation which poses a serious threat to the functioning, health, or security and defence of the infrastructure, economy, institutions, Member States or Union citizens; attention must be paid to the difference between the cyclical and secular shortage;
Amendment 594 #
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 598 #
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 600 #
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 601 #
(a b) assess the risks threatening the functioning of critical entities in relation to semiconductors;
Amendment 602 #
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 605 #
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 610 #
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 614 #
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 wishall pay particular attention to SMEs to minimise administrative burden resulting from the request and wishall 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 619 #
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 immediately alert the Commission (‘early warning’).
Amendment 628 #
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. The Commission shall, after consulting the European Semiconductor Board, assess risks that may disrupt, compromise or negatively affect the supply of semiconductors (Union risk assessment). In the Union risk assessment, the Commission shall identify early warning indicators and it shall publish those indicators and keep them publicly available until [6 months after the date of entry into force of this Regulation].
Amendment 632 #
Proposal for a regulation
Article 16 – paragraph 2 a (new)
Article 16 – paragraph 2 a (new)
2 a. By [18 months after the date of entry 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, 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 635 #
Proposal for a regulation
Article 16 – paragraph 3
Article 16 – paragraph 3
3. When monitoringassessing information about the semiconductor value chain pursuant to Article 15, Member States shall monitor the early warning indicators identified by the Commission.
Amendment 642 #
Proposal for a regulation
Article 17 – paragraph 1 – point d
Article 17 – paragraph 1 – point d
(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.
Amendment 657 #
Proposal for a regulation
Article 18 – paragraph 3
Article 18 – paragraph 3
3. Before the expiry of the duration for which the crisis stage was activated, the Commission shall, after consulting the European Semiconductor Board, assess whether the activation of the crisis stage should be prolonged. Where the assessment, including quantified evidence and cost-benefit analysis, concludes that a prolongation is appropriate, the Commission may prolong the activation by means of implementing acts. The duratiSpecial attention shall be paid to a possible distortion of market competition and avoiding unneccessary isolation of the Union's market and businesses. The assessment shall be made publicly available, taking into account the professional or other relevant secrecy. The duration and reason of the prolongation shall be specified in the implementing acts adopted in accordance with Article 33(2). The Commission may repeatedly decide to prolong the activation of the crisis stage where this is appropriate.
Amendment 659 #
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 663 #
5. Upon expiry of the duration for which the crisis stage is activated, the measures taken in accordance with Articles 20, 21 and 22 shall cease to apply. The Commission shall review the Union risk assessment pursuant to Article 16(2) no later than six months after the expiry of the duration of the crisis stage. The result of such review shall be published.
Amendment 665 #
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. Where the crisis stage is activated and where appropriate in order to address the semiconductor crisis in the Union, the Commission shall take the measure provided for in Article 20 under the conditions laid down therein. In addition, the Commission may take thproportionate measures provided for in Article 21 or Article 22, or both,0 under the conditions laid down therein.
Amendment 675 #
Proposal for a regulation
Article 19 – paragraph 3 – point a
Article 19 – paragraph 3 – point a
(a) assess and, quantify or, in the absence of sufficient information, duly estimate the impact of the possible imposition of protective measures, including in particular whether the market situation corresponds to a significant shortage of an essential product pursuant to Regulation 2015/479 and provide an opinion to the Commission;
Amendment 680 #
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, explain and publish the reasons of its decision while taking into account the professional or other relevant secrecy requirements.
Amendment 699 #
Proposal for a regulation
Article 21
Article 21
Amendment 730 #
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 givpublish the reasons for its refusal.
Amendment 734 #
Proposal for a regulation
Article 22 – paragraph 6
Article 22 – paragraph 6
6. The Commission shall carry out the procurement procedures and conclude the contracts with economic operators on behalf of the participating Member States. not later than five months after receiving the request stated in paragraph 1 of this Article. The Commission shall invite the participating Member States to appoint representatives to take part in the preparation of the procurement procedures. The deployment and use of the purchased products shall remain the responsibility of the participating Member States.
Amendment 736 #
Proposal for a regulation
Article 22 – paragraph 6 a (new)
Article 22 – paragraph 6 a (new)
6 a. By [18 months after the date of entry 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 a 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 774 #
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 the date of entry 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.