15 Amendments of Jean-Lin LACAPELLE related to 2022/0032(COD)
Amendment 83 #
Proposal for a regulation
Recital 29
Recital 29
(29) In light of the structural deficiencies 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. The long-term objective of the monitoring exercise enshrined under this Regulation should be a shift from crisis mitigation to crisis prevention.
Amendment 84 #
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 States, in close coordination with relevant stakeholders, 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,. The monitoring activity shall be targeted and purpose driven in such a way that it would not represent an excessive administrative burden for undertakings nor jeopardize confidentiality requirements .Information collected within the scope of this exercise shall be consistent, comparable at EU level and paced in line with evolving global developments. In this regard the Commission may provide guidance in order to avoid excessive defragmentation in the set-up of national monitoring mechanisms.
Amendment 92 #
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. Strategic mapping shall complement the monitoring activity under this Regulation and should serve the objective of understanding long-term interdependencies across the supply chain.
Amendment 97 #
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. A strong involvement of the industry in the monitoring of identified indicators should be a prerequisite for earlier qualitative assessment and simulation of potential shortages.
Amendment 110 #
Proposal for a regulation
Recital 42
Recital 42
(42) The semiconductor crisis stage should be triggered as last resort in the presence of concrete, serious, and reliable evidence of such a crisis. A semiconductor crisis occurs in case of serious disruptions to the supply of semiconductors leading to significant shortages which entail significant delays and negative effects on one or more important economic sectors in the Union, either directly or through ripple effects of the shortage, given that the Union’s industrial sectors represent a strong user base of semiconductors. Alternatively or in addition, a semiconductor crisis also occurs when serious disruptions of the supply of semiconductors lead to significant shortages which prevent the supply, repair and maintenance of essential products used by critical sectors, for instance medical and diagnostic equipment.
Amendment 112 #
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. 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. Equally, should supply chain recovery conditions be ascertained, the Commission, in accordance with the European Semiconductor Board, should assess the possibility of ending the crisis stage and related measures in advance.
Amendment 124 #
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 as well as key market actors and relevant end user industries for monitoring the supply of semiconductors and crisis response to semiconductor shortages.
Amendment 126 #
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 Council on the resilience of critical entities, the defence sector and other, activities that are relevant for public safety and security as well as any other activity or sector of strategic economic importance for Member States;
Amendment 148 #
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. Member States 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. In doing so, Member States shall consult relevant end user industries with a view to build the necessary mechanisms on existing industry best monitoring practices.
Amendment 174 #
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
2. The Commission shall review the Union risk assessment including the early warning indicators as necessary, including upon indication of the European Semiconductor Board.
Amendment 188 #
Proposal for a regulation
Article 18 – paragraph 3 a (new)
Article 18 – paragraph 3 a (new)
3 a. During the crisis stage the Commission shall, upon request from a Member State or on its own initiative, equally assess whether advance termination of crisis stage should be considered. Where the assessment concludes that earlier termination is appropriate, the Commission may conclude activation after consulting the European Semiconductor Board.
Amendment 207 #
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 vital societal functions or strategic 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 215 #
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 or strategic economic activities in the Union (‘common purchasing’).
Amendment 219 #
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 without undue delay and give reasons for its refusal.
Amendment 223 #
Proposal for a regulation
Article 22 – paragraph 4
Article 22 – paragraph 4
4. Procurement under this Regulation shall be carried out by the Commission in accordance with the rules set out in the Financial Regulation for its own procurement. The Commission may have the ability and responsibility, on behalf of all participating Member States, to enter into contracts with economic operators, including individual producers of crisis- relevant products, concerning the purchase of such products or concerning the advance financing of the production or the development of such products in exchange for a priority right to the result. The Commission shall keep Member States duly informed of the progress of the procurement procedure.