34 Amendments of Christian EHLER related to 2022/0032(COD)
Amendment 24 #
Proposal for a regulation
Recital 1
Recital 1
(1) Semiconductors are at the core of any digital device and the Union's digital transition: from smartphones and cars, through critical applications and infrastructures in health, energy, communications and automation to most other industry sectors. While semiconductors are essential to the functioning of our modern economy, security and society, the Union has witnessed unprecedented disruptions in their supply. The current supply shortage is a symptom of permanent and serious structural defici, the consequencies in the Union’s semiconductor value and supply chainof which are significant. The disruptions have exposed long-lasting vulnerabilities in this respect, notably a strong third-country dependency in manufacturing and design of chips. Therefore, action is needed to address existing and potential structural deficiencies in the semiconductor ecosystem and supply chain.
Amendment 28 #
Proposal for a regulation
Recital 2
Recital 2
(2) A framework for increasing the Union’s resilience in the field of semiconductor technologies should be established, stimulating investment, strengthening the capabilities, security, adaptability and resilience of the Union’s semiconductor supply chain, and increasing cooperation among the Member States and the Commission and international partners.
Amendment 48 #
(12 b) The Commission should provide clear and readily available guidelines on the terms and conditions for the development of, and third party access to, pilot lines, as well as the compatibility and accessibility of the Union virtual design platforms.
Amendment 49 #
Proposal for a regulation
Recital 12 c (new)
Recital 12 c (new)
(12 c) Given the importance of collaboration with third parties in the area of R&D&I, the European Semiconductor Board and the Commission should establish clear and readily available guidelines on access modes, software and hardware for their participation in projects within the scope of this Regulation. Within the structures of the European Semiconductor Board, the EU-US Trade and Technology Council and other Union agreements and strategies with third countries,guidance should be provided to overcome existing obstacles to international cooperation in the field of R&D&I.
Amendment 79 #
Proposal for a regulation
Recital 31 a (new)
Recital 31 a (new)
(31 a) The European Semiconductor Board and the Commission should seek to invite international partners to cooperate in this process, and discuss findings and identify shared strategies in forums such as the EU-US Trade and Technology Council, and in bilateral and multilateral meetings with like-minded Indo-pacific nations. Where relevant, representatives of third countries should be invited to address and cooperate with the European Semiconductor Board or sub-groups.
Amendment 81 #
Proposal for a regulation
Recital 32 a (new)
Recital 32 a (new)
(32 a) In order to ensure a coordinated and holistic monitoring mechanism, the European Semiconductor Board should seek to consider the objectives of the EU Critical Raw Materials Initiative as part of its supply chain monitoring, including coordination on this issue through the European Semiconductor Board. Such monitoring should also include assessment of the impact of any relocation of raw materials and component suppliers outside of the Union, in the context of the Regulation (EC)No 1907/2006 of the European Parliament and of the Council.
Amendment 82 #
Proposal for a regulation
Recital 32 b (new)
Recital 32 b (new)
(32 b) The European Semiconductor Board should seek to examine other market forces and events central to the operation of the semiconductor industry, such as energy prices and energy shortages. Where appropriate and in coordination with the Commission, recommendations for remedying the situation should be provided.
Amendment 84 #
Proposal for a regulation
Recital 33
Recital 33
(33) In order to carry out these monitoring activities, the competent authorities of Member States may need certain information, which may not be publicly accessible, such as information on the role of an individual undertaking along the semiconductor value chain. In those limited circumstances in which it is necessary and proportionate for the purpose of carrying out the monitoring activities, the competent authorities of Member States should be able to request this information from the undertaking in question. Where relevant, such information should be treated with strict confidentiality and in accordance with an established and clear set of guidelines, in order to protect sensitive business, economic and security related information.
Amendment 91 #
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 and establish 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, de-localisations or acquisitions of key market actors. Member States should monitor these early warning indicators. Industry stakeholders should be encouraged to do the same. The European Semiconductor Board and the Commission should establish mechanisms to provide guidance to industry on monitoring and reporting, in particular for start-ups and SMEs
Amendment 106 #
Proposal for a regulation
Recital 59
Recital 59
(59) In order to ensure trustful and constructive cooperation of competent authorities at Union and national level, all parties involved in the application of this Regulation should strictly respect the confidentiality of information and data obtained in carrying out their taskthe course of their tasks, including trade secrets, security-related aspects and content protected by intellectual property rights. The Commission and the national competent authorities, their officials, servants and other persons working under the supervision of these authorities as well as officials and civil servants of other authorities of the Member States should not disclose information acquired or exchanged by them pursuant to this Regulation and of the kind covered by the obligation of professional secrecy. This should also apply to the European Semiconductor Board and the Semiconductor Committee established in this Regulation. Where appropriate, the Commission should be able to adopt implementing acts to specify the practical arrangements for the treatment of confidential information in the context of information gathering. Any breach of this confidentiality should result in a full investigation by the Commission, and if and where necessary, the Commission should revise the practical arrangements and guidance for the treatment of confidential information.
Amendment 120 #
Proposal for a regulation
Article 2 – paragraph 1 – point 17 a (new)
Article 2 – paragraph 1 – point 17 a (new)
(17 a) ‘crisis’ means a serious and extraordinary disruption to the supply of semiconductors, leading to a significant shortage of products or services, which poses a serious and immediate threat to the functioning, health, economy, and security and defence of the Member States and citizens of the Union;
Amendment 132 #
Proposal for a regulation
Article 4 – paragraph 2 – point b – point 2
Article 4 – paragraph 2 – point b – point 2
(2) supporting large scale innovation through access to new or existing pilot lines for experimentation, test, and validation of new and evolving existing design concepts integrating key functionalities, such as novel materials and architectures for power electronics fostering sustainable energy and electro mobility, lower energy consumption, security, higher levels of computing performance or integrating breakthrough technologies such as neuromorphic and embedded artificial intelligence (AI) chips, integrated photonics, graphene and other 2D material based technologies;
Amendment 136 #
Proposal for a regulation
Article 4 – paragraph 2 – point c
Article 4 – paragraph 2 – point c
(c) building advanced technology and engineering capacities for accelerating the innovativon, such as the development of quantum chips.
Amendment 140 #
Proposal for a regulation
Article 4 – paragraph 2 – point e – point 1
Article 4 – paragraph 2 – point e – point 1
(1) improving the leverage effect of the Union budget spending and achieving a higher multiplier effect in terms of attracting private-sector financing; in this regard clear guidance and access points shall be provided in order to assist start- ups and SMEs in accessing public and private funds.
Amendment 141 #
Proposal for a regulation
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
(c) advanced technology and engineering capacities for leading edge semiconductors; for example quantum chips;
Amendment 172 #
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 – point b
Article 12 – paragraph 2 – subparagraph 1 – point b
(b) a business plan evaluating the financial and technical viability of the project, including information on any planned public support;. All data and documentation submitted as part of this application shall be carefully protected in accordance with the rules reflected in this regulation; in particular sensitive business, economic, and security related information in any such application must be protected.
Amendment 193 #
Proposal for a regulation
Article 15 – paragraph 3 a (new)
Article 15 – paragraph 3 a (new)
Amendment 194 #
Proposal for a regulation
Article 15 – paragraph 4
Article 15 – paragraph 4
4. Where a Member State becomes aware of a potential semiconductor crisis, a significant fluctuation in demand or has concrete and reliable information of any other risk factor or event materialising, it shall immediately alert the Commission (‘early warning’). A semiconductor crisis, a significant fluctuation in demand and other risk factors, shall be pre-defined alongside a clear set of benchmarks, in order to avoid unnecessary market intervention and to ensure the provisions of this Regulation are applied in a necessary and proportionate manner. The Commission shall undertake such task in cooperation with the European Semiconductor Board and representatives of the semiconductor industry.
Amendment 200 #
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 areis a serious and extraordinary disruptions in to the supply of semiconductors, leading to a significant shortages, which: of products or services, which poses a serious and immediate threat to the functioning, health, economy, and security and defence of the Member States and citizens of the Union;
Amendment 207 #
Proposal for a regulation
Article 18 – paragraph 4 a (new)
Article 18 – paragraph 4 a (new)
4 a. The triggering of the crisis stage shall be accompanied by a crisis situation assessment report, drawn up by the Commission and the European Semiconductor Board, and made available to the European Parliament.
Amendment 210 #
Proposal for a regulation
Article 19 – paragraph 3 – introductory part
Article 19 – paragraph 3 – introductory part
3. Where the crisis stage is activated and where appropriate in order to address the semiconductor crisis in the Union, the European Semiconductor Board mayshall assess and advise on further appropriate and effective emergency measures, for example:
Amendment 214 #
1 a. In the event of a crisis situation, and if the information already provided by organisations and undertakings proves to be insufficient to fully assess the measures needed to be taken to mitigate the risks, then on a case-by-case basis and after consultation with the European Semiconductor Board, further information may be requested. Such information shall be treated in accordance with the basic principles and minimum standards of security for protecting information and data of this nature.
Amendment 215 #
Proposal for a regulation
Article 20 – paragraph 1 b (new)
Article 20 – paragraph 1 b (new)
1 b. Any data breach or unauthorised disclosure of information and data collected, shall result in a full investigation by the Commission or competent authority, and if necessary a revision of the guidelines applied to the treatment, storage and handling of the data under the requirements of this Regulation. The Commission or Member States shall ensure that appropriate action is taken. The entity or undertaking has the right to decline sharing further information until an investigation has been carried out, and a remedy has been sought.
Amendment 216 #
Proposal for a regulation
Article 20 – paragraph 1 c (new)
Article 20 – paragraph 1 c (new)
1 c. There shall be a single point of contact established by the Commission for such information tobe provided to reduce administrative burden in reporting measures, and to reduce the risk of data breaches and the unauthorised disclosure of business, security, and economically sensitive information.
Amendment 219 #
Proposal for a regulation
Article 20 – paragraph 2
Article 20 – paragraph 2
2. The request for information shall state its legal basis, be proportionate and necessary 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 222 #
Proposal for a regulation
Article 20 – paragraph 5 a (new)
Article 20 – paragraph 5 a (new)
5 a. Any mandatory request for information from companies in crisis situations must be limited to an absolute minimum. Business secrets must be protected by all means and at all costs. Bureaucratic burden for companies must be limited to the absolute minimum.
Amendment 224 #
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
1. Where necessary and proportionateOnly with particular regard to proportionality and in exceptional crises and emergencies of the European Union as defined in Art. 18 and in order to ensure the operafunctioning of all or certain critical sectors, the Commission may, at last resort, oblige Integrated Production Facilities and Open EU Foundries to accept and prioritise an order of crisis-relevant products (‘priority rated order’). The obligation shall take precedence over any performance obligation under private or public law.
Amendment 225 #
Proposal for a regulation
Article 21 – paragraph 3
Article 21 – paragraph 3
3. When a semiconductor undertaking established in the Union is subject to a third country priority rated order measure, it shall inform the Commission. Should that obligation significantly impact the operation of certain critical sectors, the Commission may oblige that undertaking where necessary and proportionate, to accept and prioritise orders of crisis relevant products in line with paragraph 4, 5 and 6; if the Union is also in a crisis situation.
Amendment 228 #
Proposal for a regulation
Article 21 – paragraph 5 – point a
Article 21 – paragraph 5 – point a
(a) if the undertaking is unable to perform the priority rated order on account of insufficient production capability or production capacity, or would entail unfeasible technical adjustments or an unrealistic period of time for technical adaptations, even under preferential treatment of the order;
Amendment 242 #
Proposal for a regulation
Article 25 – paragraph 5
Article 25 – paragraph 5
5. The European Semiconductor Board shall take the necessary measures to ensure the safe handling and processing of confidential information. Those measures shall comply with the guidance issued by the Commission.
Amendment 245 #
Proposal for a regulation
Article 27 – paragraph 1
Article 27 – paragraph 1
1. The Commission and the national competent authorities, their officials, servants and other persons working under the supervision of these authorities as well as officials and civil servants of other authorities of the Member States shall not disclose information acquired or exchanged by them pursuant to this Regulation and of the kind covered by the obligation of professional secrecy. They shall respect the confidentiality of information and data obtained in carrying out their tasks and activities in such a manner as to protect in particular intellectual property rights and sensitive business, economic and security related information or trade secrets. This obligation shall apply to all representatives of Member States, observers, experts and other participants attending meetings of the European Semiconductor Board pursuant to Article 23 and the members of the Committee pursuant to Article 33(1).
Amendment 246 #
Proposal for a regulation
Article 27 – paragraph 2
Article 27 – paragraph 2
2. The Commission and Member States may exchange, where necessary,on a case-by-case basis, where necessary and proportionate, and in full compliance with the rules set out within this Regulation and Union law with regard to sensitive business, economic and security related information, exchange confidential information with competent authorities of third countries with which they have agreed on bilateral or multilateral confidentiality arrangements to provide an adequate level of confidentiality.
Amendment 248 #
Proposal for a regulation
Article 27 – paragraph 3 a (new)
Article 27 – paragraph 3 a (new)
3 a. Where necessary and proportionate the information and data provided by organisations, entities and undertakings shall be handled in accordance with the rules for protecting EU classified information under Commission Decision (EU, Euratom) 2015/4441a and/or national rules.
Amendment 249 #
Proposal for a regulation
Article 27 a (new)
Article 27 a (new)