Activities of Eugen JURZYCA related to 2022/0032(COD)
Plenary speeches (1)
European Chips Act (debate)
Shadow opinions (1)
OPINION on the proposal for a regulation of the European Parliament and of the Council establishing a framework of measures for strengthening Europe's semiconductor ecosystem (Chips Act)
Amendments (149)
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 59 #
Proposal for a regulation
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–
The Committee on Internal Market and Consumer Protection calls on the Committee on Industry, Research and Energy, as the committee responsible, to propose rejection of the Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL establishing a framework of measures for strengthening Europe's semiconductor ecosystem (Chips Act).
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 64 #
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 66 #
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 67 #
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 69 #
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 70 #
Proposal for a regulation
Recital 27
Recital 27
Amendment 72 #
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 78 #
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 82 #
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 87 #
Proposal for a regulation
Recital 30
Recital 30
(30) Due to the complex, quickly evolving and interlinked semiconductor value chains with various actors, a coordinated approach to regular monitoring is necessarymight be helpful to increase the ability to mitigate risks that may negatively affect the supply of semiconductors. Member States should monitor the semiconductor value chain focusing on early warning indicators and the availability and integrity of the services and goods provided by key market actors, in such a way that it would not represent an excessive administrative burden for undertakings.
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 34
Recital 34
(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 crises 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 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 93 #
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 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 95 #
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 98 #
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 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 102 #
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 104 #
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 109 #
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 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 114 #
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 115 #
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 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 119 #
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 125 #
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 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 127 #
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 135 #
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 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 138 #
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 139 #
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 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 140 #
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 141 #
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 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 146 #
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 148 #
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 Union budget and national budgets.
Amendment 149 #
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 153 #
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 158 #
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 162 #
Proposal for a regulation
Article 15 – paragraph 5 – point a – point 2
Article 15 – paragraph 5 – point a – point 2
(2) in case of threatening the functioning of critical entities, 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’);
Amendment 163 #
Proposal for a regulation
Article 15 – paragraph 5 – point b
Article 15 – paragraph 5 – point b
(b) in case of threatening the functioning of critical entities, 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. The Commission shall assess different measures and find a solution to address supply chain disruption risks threatening the functioning of critical entities not later than 4 months after obtaining such information.
Amendment 169 #
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 shall publish them until [6 months after entering into force of this Regulation]..
Amendment 175 #
Proposal for a regulation
Article 16 – paragraph 2 a (new)
Article 16 – paragraph 2 a (new)
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, 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 176 #
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 178 #
Proposal for a regulation
Article 17 – paragraph 1 – introductory part
Article 17 – paragraph 1 – introductory part
1. Member States shall identify relevant critical entities relying on semiconductors and other key market actors along the semiconductor supply chains in their national territory, taking into account the following elements:
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 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 duratiA special attention shall be paid to a possible distortion of market competition and avoiding unnecessary isolation of the EU 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 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 191 #
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 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 18 – paragraph 5
Article 18 – paragraph 5
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 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 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 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 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 203 #
Proposal for a regulation
Article 18 – paragraph 1 – point b
Article 18 – paragraph 1 – point b
Amendment 204 #
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 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 209 #
Proposal for a regulation
Article 19 – paragraph 4
Article 19 – paragraph 4
4. The use of the measures referred to in paragraph 1 shall be proportionate and restricted to what is necessary for addressing serious disruptions of critical entities or other vital societal functions or economic activities in the Union and must be in the best interest of the Union. The use of these measures shall avoid placing disproportionate administrative burden on SMEs.
Amendment 210 #
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 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 #
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 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 226 #
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 227 #
Proposal for a regulation
Recital 27
Recital 27
Amendment 228 #
Proposal for a regulation
Article 22 – paragraph 6 a (new)
Article 22 – 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 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 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 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 235 #
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 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 236 #
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 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 242 #
Proposal for a regulation
Recital 30
Recital 30
(30) Due to the complex, quickly evolving and interlinked semiconductor value chains with various actors, a coordinated approach to regular monitoring is necessarymight be helpful to increase the ability to mitigate risks that may negatively affect the supply of semiconductors. Member States should monitor the semiconductor value chain focusing on early warning indicators and the availability and integrity of the services and goods provided by key market actors, in such a way that it would not represent an excessive administrative burden for undertakings.
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 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 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
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 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.
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 488 #
Proposal for a regulation
Article 10 – paragraph 2 – point a
Article 10 – paragraph 2 – point a
Amendment 496 #
Proposal for a regulation
Article 10 – paragraph 2 – point b
Article 10 – paragraph 2 – point b
(b) its establishment and operation have a clear positive impact on the Union’s semiconductor value chain with regard to ensur, has been assessed withing the security of supply and increasing qualified workforcState Aid balance test on the positive side;
Amendment 503 #
Proposal for a regulation
Article 10 – paragraph 2 – point d
Article 10 – paragraph 2 – point d
Amendment 510 #
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
Amendment 518 #
Proposal for a regulation
Article 11 – paragraph 2 – point a
Article 11 – paragraph 2 – point a
Amendment 521 #
Proposal for a regulation
Article 11 – paragraph 2 – point b
Article 11 – paragraph 2 – point b
(b) its establishment and operation have a clear positive impact on the EUnion’s semiconductor value chain with regard to ensuring the security of supply and increasing qualified workforce, taking into account in particular the extent to which it offers front-end or back-end, or both, production capacity to undertakings not related to the facility, if there is sufficient demand, has been assessed within the State Aid balance test on the positive side;
Amendment 534 #
Proposal for a regulation
Article 11 – paragraph 2 – point d
Article 11 – paragraph 2 – point d
Amendment 543 #
Proposal for a regulation
Article 11 – paragraph 4
Article 11 – paragraph 4
Amendment 552 #
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 – point c
Article 12 – paragraph 2 – subparagraph 1 – point c
Amendment 565 #
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.