Activities of Marc ANGEL related to 2022/0032(COD)
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 (44)
Amendment 149 #
Proposal for a regulation
Recital 4
Recital 4
(4) It is necessary to take measures to build capacity and strengthen the Union’s semiconductor sector in line with Article 173(3) of the Treaty. These measures do not entail the harmonisation of national laws and regulations. In this regard, the Union should reinforce its strategic autonomy by enhancing the competitiveness and resilience of the semiconductor technological and industrial base, whilst strengthening the innovation capacity of its semiconductor sector, reducing dependence on a limited number of third country companies and geographies, and strengthening its capacity to design and produce advanced components. The Chips for Europe Initiative (the ‘Initiative’) should support these aims by bridging the gap between Europe’s advanced research and innovation capabilities and their sustainable industrial exploitation. It should promote capacity building to enable design, production and systems integration in next generation semiconductor technologies, enhance collaboration among key players across the Union, strengthening Europe's semiconductor supply and value chains, serving key industrial sectorand support the reinforcement and development of skills and a qualified workforce, serving key societal objectives and creating new markets.
Amendment 152 #
Proposal for a regulation
Recital 12
Recital 12
(12) In order to achieve its general objective, and address both the supply and demand side challenges of the current semiconductor ecosystem, the Initiative should include five main components. First, to reinforce Europe’s design capacity, the Initiative should support actions to build a virtual platform that is available across the Union. The platform should connect the communities of design houses, SMEs and start-ups, intellectual property and tool suppliers, with research and technology organisations to provide virtual prototype solutions based on co- development of technology. Second, in order to strengthen the security and resilience of supply and reducing the Union’s dependency on third country production, the Initiative should support development and access to pilot lines. The pilot lines should provide for the industry a facility to test, experiment and validate semiconductor technologies and system design concepts at the higher technology readiness levels beyond level 3 but under level 8 while reducing environmental impacts as much as possible. Union investments along Member States investment and with the private sector in pilot lines is necessary to address the existing structural challenge and market failure where such facilities are not available in the Union hindering innovation potential and global competitiveness of the Union. Third, in order to enable investments in alternative technologies, such as quantum technologies, conducive to the development of the semiconductors sector, the Initiative should support actions including on design libraries for quantum chips, pilot lines for building quantum chips and testing and experimentation facilities for quantum components. Fourth, in order to promote the use of the semiconductor technologies, to provide access to design and pilot line facilities, and to address skills gaps across the Union, the Initiative should support establishment of the competence centres on semiconductors in each Member State. These competence centres should provide a range of services to semiconductor stakeholders, with a particular focus on start-ups and SMEs, and represent an important vector for the development of skills. Access to publicly funded infrastructure, such as pilot and testing facilities, and to the competence network, should be open to a wide range of users and must be granted on a transparent and non-discriminatory basis and on market terms (or cost plus reasonable margin basis) for large undertakings, while SMEs can benefit from preferential access or reduced prices. Such access, including for international research and commercial partners, can lead to broader cross- fertilisation and gains in know-how and excellence, while contributing to cost recovery. Each competence centre should be an entry point to connect to other competence centres of the network. Synergies with existing structures with similar objectives, such as European Digital Innovation Hubs, should be encouraged. Fifth, The Commission should set-up a dedicated semiconductor investment facility support (as part of the investment facilitation activities described collectively as the ‘Chips Fund’) proposing both equity and debt solutions, including a blending facility under the InvestEU Fund established by Regulation (EU) 2021/523 of the European Parliament and Council53 , in close cooperation with the European Investment Bank Group and together with other implementing partners such as national promotional banks and institutions. The ‘Chips Fund’ activities should support the development of a dynamic and resilient semiconductor ecosystem by providing opportunities for increased availability of funds to support the growth of start-ups and SMEs as well as investments across the value chain, including for other companies in the semiconductor value chains. In this context, the European Innovation Council will provide further dedicated support through grants and equity investments to high risk, market creating innovators. While the Initiative is established for the duration of the MFF 2021-2027, due consideration should be given to supporting the EU’s semiconductor ecosystem in the future as the strengthening of the EU’s semiconductor ecosystem will require a long-term and sustained effort. _________________ 53 Regulation (EU) 2021/523 of the European Parliament and of the Council of 24 March 2021 establishing the InvestEU Programme and amending Regulation (EU) 2015/1017 (OJ L 107, 26.3.2021, p. 30).
Amendment 153 #
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12 a) To foster the emergence of a qualified workforce necessary to support a strengthened European semiconductor ecosystem in all its dimensions, programmes and initiatives to mobilise and attract new talent, including from third countries, as well as to reskill and upskill the existing working force, should be promoted, all while keeping in mind the gender gap in European industries and ensuring decent working conditions. The steps needed to strengthen the connection between the industrial ecosystem, Research & Innovation and the educational system, as well as the educational needs, could be explored jointly with the Alliance on Microprocessors and Semiconductors.
Amendment 156 #
Proposal for a regulation
Recital 18
Recital 18
(18) In order to encourage the establishment of the necessary manufacturing and related design capabilities, and thereby ensure the security of supply in the Union, public support may be appropriaterivate investment in these facilities will likely require public support. In that respect, it is necessary to set out the criteria for facilitating the implementation of specific projects that contribute to achieving the objectives of this Regulation and distinguish between two types of facilities, namely: Integrated Production Facilities and Open EU Foundries. Strong safeguards should be laid down for these public support schemes to ensure that they are necessary, appropriate and proportionate, without undue competition distortions, and that its benefits will be shared widely and without discrimination across the Union’s economy.
Amendment 157 #
Proposal for a regulation
Recital 19
Recital 19
(19) Integrated Production Facilities and Open EU Foundries should provide semiconductor manufacturing capabilities that are “first-of-a-kind” in the Union and contribute to the security of supply and to a resilient ecosystem in the internal market and, where appropriate, the global market. The qualifying factor for the production of a first-of-a-kind facility could be with regard to the technology node, substrate material, such as silicon carbide and gallium nitride, and other product innovation that can offer better performance, process technology or energy and environmental performance. In terms of environmental performance, gains or innovative elements can include a quantifiable reduction of the amount of energy, water or chemicals used, or an increase in the recyclability of materials. A facility of a comparable capability on an industrial scale should not yet substantively be present or committed to be built within the Union, excluding facilities for research and development or small-scale production sites.
Amendment 158 #
Proposal for a regulation
Recital 21
Recital 21
(21) In order to qualify as Integrated Production Facilities or Open EU Foundries, the establishment and operation of the facility should have a clear positive impact on the semiconductor value chain in the Union, in particular with regard to providing a resilient supply of semiconductors to users on the internal market and its positive impact on the innovation potential of SMEs. The impact on several Member States, including cohesion objectives, should be considered as one of the indicators of a clear positive impact of an Integrated Production Facility and Open EU Foundry on the semiconductor value chain in the Union. They should equally contribute to the reinforcement of a qualified workforce and the green transition. The Commission should issue guidance to assess these positive impacts.
Amendment 163 #
Proposal for a regulation
Recital 29
Recital 29
(29) In light of the structural deficiencvulnerabilities of the semiconductor supply chain and the resulting risk of future shortages, this Regulation provides instruments for a coordinated approach to monitoring and effectively tackling possible market disruptions.
Amendment 164 #
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 necessary to increase the ability to mitigate risks that may negatively affect the supply of semiconductors. Member Stat to the semiconductor supply chain itself or to critical sectors. The Commission, assisted by national authorities, 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. The Commission should adequately justify its requests for information to the addressed actors of the semiconductor value chain.
Amendment 166 #
Proposal for a regulation
Recital 30 a (new)
Recital 30 a (new)
(30 a) Without prejudice to the budgetary procedure, the Commission should dispose of the necessary human, financial and technical resources to effectively conduct the monitoring of the semiconductor supply chain.
Amendment 168 #
Proposal for a regulation
Recital 34
Recital 34
(34) Member StatesPermanent Members of the European Semiconductor Board should alert the Commission if relevant factors indicate a potential semiconductor crisis. 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. 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 170 #
(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 byfter consultation with the European Semiconductor Board and relevant industry stakeholders, identify early warning indicators in the Union risk assessment. These early warning indicators should be used to assess and monitor the availability and integrity of the services and goods provided by the key market actors. 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 StatesThe Commission should monitor these early warning indicators. The European Semiconductor Board should be able to request a revision of the early warning indicators from the Commission.
Amendment 173 #
Proposal for a regulation
Recital 42 a (new)
Recital 42 a (new)
(42a) Production of and access to semiconductors is a vital issue for the development and industrial future of the European Union. An effort should therefore be made to use them exclusively for strategic development sectors rather than for needlessly semiconductor- intensive activities. In the crypto-asset sector, for example, proof-of-work mining technology, which is extremely energy- and semiconductor-intensive, ought be replaced by what is far more efficient proof-of-stake technology.
Amendment 175 #
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 with a defined scope and for a predetermined duration period, taking into account the opinion of the European Semiconductor Board. The Commission should assess the need for prolongation and prolong the duration of the crisis stage for a predetermined period, should such a necessity be ascertained, taking into account the opinion of the European Semiconductor Board.
Amendment 185 #
(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 certainthe critical sectors identified in the scope of the implementing act triggering the crisis stage. The Commission should assess for each request the utility, necessity and proportionality in consultation with the Board. Where it intends to not follow the request, it should inform the concerned Member States and the Board and give 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 191 #
Proposal for a regulation
Article 2 – paragraph 1 – point 16
Article 2 – paragraph 1 – point 16
(16) ‘critical sector’ means any sector referred to in the Annex of the Commission proposal for a Directive of the European Parliament and of the Counor subsector crucial onfor the resilience of critical entities, the defence sector and other activities that are relevant formaintenance of vital societal functions, notably public health and public safety and security;
Amendment 193 #
Proposal for a regulation
Article 2 – paragraph 1 – point 16 a (new)
Article 2 – paragraph 1 – point 16 a (new)
(16 a) ‘semiconductor crisis’ means the existence of serious disruptions in the semiconductor supply chain, leading to significant shortages of semiconductors, intermediate products or raw and processed materials, at any link of the semiconductor value chain, which prevent the supply, repair and maintenance of essential products of the semiconductor supply chain itself to the extent that it affects the normal functioning of critical sectors;
Amendment 198 #
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 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, notably by reducing the environmental impact of next generation chips and contributing to the circular economy, as well as promoting secure and resilient designs capable to counter cybersecurity threats.
Amendment 200 #
Proposal for a regulation
Article 4 – paragraph 2 – point d – introductory part
Article 4 – paragraph 2 – point d – introductory part
(d) creating a network of competence centres across the Union, by creating new or enhancing existing facilities, in order to
Amendment 213 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. For the purpose of implementing actions under the Initiative’s component referred to in Article 5, point (d), a European network of competence centres in semiconductors (the ‘network’) mayshall be established.
Amendment 217 #
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Integrated Production Facilities are first-of-a-kind semiconductor design and manufacturing facilities, including front- end or back-end, or both, in the Union that contribute to the security of supply for the internal market and, where appropriate, the global market.
Amendment 219 #
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 ensuring the security of supply and increasing qualified workforce;
Amendment 224 #
Proposal for a regulation
Article 10 – paragraph 2 – point d a (new)
Article 10 – paragraph 2 – point d a (new)
(d a) it commits to invest in talent and skills development, and to respect applicable Union labour law.
Amendment 227 #
Proposal for a regulation
Article 10 – paragraph 2 a (new)
Article 10 – paragraph 2 a (new)
2 a. The Commission shall issue guidance for the purpose of assessing the positive impact referred to in paragraph 2, point (b), notably with regard to ensuring the security of supply and increasing a qualified workforce, the innovation potential of SMEs, the impact on several Member States, including cohesion objectives, and its contribution to the green transition.
Amendment 228 #
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. For the purpose of investing in the next generation of chips according to paragraph 2, point (d), the Integrated Production Facility shall have priorityeferential access to the pilot lines set up in accordance with Article 5, point (b). Any such priorityeferential access shall be without prejudice to effective access to the pilot lines by other interested undertakings.
Amendment 231 #
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Open EU Foundries are first-of-a- kind semiconductor front-end or back-end, or both, manufacturing facilities in the Union that offer production capacity to unrelated undertakings and thereby contribute to the security of supply for the internal market and, where appropriate, the global market.
Amendment 233 #
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 Union’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;
Amendment 235 #
Proposal for a regulation
Article 11 – paragraph 2 – point d a (new)
Article 11 – paragraph 2 – point d a (new)
(d a) it commits to invest in talents and skills development, and respect applicable Union labour law.
Amendment 238 #
Proposal for a regulation
Article 11 – paragraph 2 a (new)
Article 11 – paragraph 2 a (new)
Amendment 239 #
Proposal for a regulation
Article 11 – paragraph 4
Article 11 – paragraph 4
4. For the purpose of investing in the next generation of chips according to paragraph 2, point (d), the Open EU Foundry shall have priorityeferential access to the pilot lines set up in accordance with Article 5, point (b). Any such priorityeferential access shall be without prejudice to effective access to the pilot lines by other interested undertakings.
Amendment 242 #
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. In order to reach security of supply in the Union, Member States may, without prejudice to Articles 107 and 108 of the Treaty, apply support schemes and provide for administrative support to Integrated Production Facilities and Open EU Foundries in accordance with Article 14. Support schemes shall be used to fill possible funding gaps in the semiconductor ecosystem and shall be necessary, appropriate and proportionate, without undue competition distortions, without duplicating or crowding out private investments, and its benefits shall be shared widely and without discrimination across the Union’s economy.
Amendment 246 #
Proposal for a regulation
Article 13 – paragraph 2 a (new)
Article 13 – paragraph 2 a (new)
2 a. The Commission shall issue clear guidance on assessing the funding gap with a view to allowing a uniform and fact-based assessment of applications by national competent authorities.
Amendment 250 #
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
3. The security of supply of semiconductors may be considered an imperative reason of overriding public interest within the meaning of Article 6(4) and Article 16(1)(c) of Directive 92/43/EEC and of overriding public interest within the meaning of Artprovisions of this Regulation shall be without prejudicle 4(7) of Directive 2000/60. Therefore, the planning, construction and operation of Integrated Production Facilities and Open EU Foundries may be considered of overriding public interest, provided that the remaining other conditions set out in these provisions are fulfilledto achieving the objectives under the European Green Deal.
Amendment 251 #
Proposal for a regulation
Article 15 – paragraph 1 – subparagraph 1 – introductory part
Article 15 – paragraph 1 – subparagraph 1 – introductory part
Amendment 252 #
Proposal for a regulation
Article 15 – paragraph 1 – subparagraph 2
Article 15 – paragraph 1 – subparagraph 2
Amendment 253 #
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. Member StatesThe Commission shall invite 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 updates.
Amendment 259 #
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. The Commission shall, after consulting the European Semiconductor Board and relevant industry stakeholders, 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 and establish early warning indicators.
Amendment 260 #
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
2. The Commission shall, on its own initiative or at the request of the European Semiconductor Board, review the Union risk assessment including the early warning indicators as necessary.
Amendment 263 #
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 disruptions in the supply of semiconductors leading to significant shortages, whichemiconductor supply chain, leading to significant shortages of semiconductors, intermediate products or raw and processed materials, at any link of the semiconductor value chain, which prevent the supply, repair and maintenance of essential products of the semiconductor supply chain itself to the extent that it affects the normal functioning of critical sectors:
Amendment 264 #
Proposal for a regulation
Article 18 – paragraph 1 – point a
Article 18 – paragraph 1 – point a
Amendment 265 #
Proposal for a regulation
Article 18 – paragraph 1 – point b
Article 18 – paragraph 1 – point b
Amendment 266 #
Proposal for a regulation
Article 18 – paragraph 2 a (new)
Article 18 – paragraph 2 a (new)
2 a. After triggering the crisis stage, the Commission and the European Semiconductor Board shall prepare a report, which transparently details the factors leading to the activation of the crisis stage. That report shall be submitted to the European Parliament.
Amendment 267 #
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 the measures provided for in Article 21 or Article 22, or both, under the conditions laid down therein. When taking those measures, the Commission should duly consider the potential negative impacts on international partners.
Amendment 268 #
Proposal for a regulation
Article 19 – paragraph 2
Article 19 – paragraph 2
2. The Commission maIf necessary, after consulting the European Semiconductor Board, limitthe Commission may additionally take 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 semiconductoror Article 22, or both, under the conditions laid down therein. In case measures provided for in Articles 21 and 22 are used, they shall be limited to the actors of the semiconductor supply chain directly related to the supply of the critical sectors referred to in the scope of the implementing act activating the crisis stage.
Amendment 280 #
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 certainthe critical sectors referred to in the implementing act activating the crisis stage (‘common purchasing’).