Activities of Ilan DE BASSO 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 (40)
Amendment 17 #
Proposal for a regulation
Recital 25
Recital 25
(25) In light of their importance for ensuring the security of supply and enabling a resilient semiconductor ecosystem, Integrated Production Facilities and Open EU Foundries shcould be considered to be in the publicprovide services of general interest. Ensuring the security of supply of semiconductors is important also for digitalisation that enables the green transition of many other sectors. To contribute towards security of supply of semiconductors in the Union, Member States may apply support schemes and provide for administrative support in national permit granting procedures. This is without prejudice to the competence of the Commission in the field of State aid under Article 107 and 108 of the Treaty, where, to extent that such support schemes are compatible with applicable state aid reulevants. Member States should support the set-up of Integrated Production Facilities and Open EU Foundries in accordance with Union law.
Amendment 18 #
Proposal for a regulation
Recital 26
Recital 26
(26) It is necessary that Integrated Production Facilities and Open EU Foundries are set-up as quickly as possible, while keeping the administrative burden to a minimum. For that reason, Member States should treat applications related to the planning, construction and operation of Integrated Production Facilities and Open EU Foundries in the most rapid manner possible. They should appoint an authority which will facilitate and coordinate the permit granting processes and appoint a coordinator, serving as a single point of contact for the project. Moreover, where necessary for granting a derogation under Council Directive 92/43/EEC56 and Directive 2000/60/EC of the European Parliament and Council57 , the establishment and operation of these facilities may be considered as being of overriding public interest within the meaning of the aforementioned legal texts, provided that the remaining other conditions set out in these provisions are fulfilled. _________________ 56 Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora. 57 Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy.
Amendment 21 #
Proposal for a regulation
Recital 45
Recital 45
(45) Appropriate, effective and proportionate measures shthat do not exceed what is necessary to rectify the immediate crisis could be identified and implemented when the crisis stage is activated without prejudice to possible continued international engagement with relevant partners with the view to mitigating the evolving crisis situation. Where appropriate, the Commission shcould request information from undertakings along the semiconductor supply chain. Furthermore, the Commission should be able to, where necessary and proportionate, act as a central purchasing body when mandated by Member States. In extraordinary circumstances and as a last resort, the Commission may oblige Integrated Production Facilities and Open EU Foundries to accept and prioritise an order of the production of crisis-relevant products, and to act as a central purchasing body when mandated by Member States. The Commissionin such cases where it is necessary and proportionate to ensure the basic operation of critical sectors. Before enacting any such decision, the Commission should consult the European Semiconductor Board. Furthermore, the Commission should consult the European Semiconductor Board on the proportionality of all proposed emergency actions and could limit the measures to certain critical sectors. In addition, the European Semiconductor Board may advise on the necessity of introducing an export control regime pursuant to Regulation (EU) 2015/479 of the European Parliament and of the Council60 . The European Semiconductor Board may also assess and advise on further appropriate and effective measures. The use of all these emergency measures should be proportionate and restricted to what is necessary to address the significant disturbances at stake insofar as this is in the best interest of the Union. The Commission should regularly inform the European Parliament and the Council of the measures taken and the underlying reasons. The Commission may, after consulting with the Board, issue further guidance on the implementation and use of the emergency measures. _________________ 60 Regulation (EU) 2015/479 of the European Parliament and of the Council of 11 March 2015 on common rules for exports (OJ L 83, 27.3.2015, p. 34).
Amendment 22 #
Proposal for a regulation
Recital 48
Recital 48
(48) In order to ensure that critical sectors can continue to operate in a time of crisis and when necessary and proportionate for this purpose, Integrated Production Facilities and Open EU Foundries could be obliged by the Commission to accept and prioritise orders of crisis-relevant products. This obligation may also be extended to semiconductor manufacturing facilities which have accepted such possibility in the context of receiving public support. The decision on a priority rated order should be taken in accordance with all applicable Union legal obligations, having regard to the circumstances of the case. The priority rating obligation should take precedence over any performance obligation under private or public law while it should have regard for the legitimate aims of the undertakings and the cost and effort required for any change in production sequence. Undertakings may be subject to penalties if they fail to comply with the obligation for priority rated orders. Priority rated orders should be used as a last resort and only to ensure the basic operation of all or certain critical sectors, meaning a minimum level of required production.
Amendment 23 #
Proposal for a regulation
Recital 52 a (new)
Recital 52 a (new)
(52 a) Priority rated orders should be continually assessed by the European Semiconductor Board, with a particular view to their effects on all economic sectors and Member States. If the Board finds that enacted decisions are disproportionate or do more harm than good, they can recommend the Commission to limit the scope of, or fully discontinue, enacted decisions.
Amendment 35 #
Proposal for a regulation
Article 13 – title
Article 13 – title
Public interest and public support
Amendment 36 #
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Integrated Production Facilities and Open EU Foundries shallmay be considered to contribute to the security of supply of semiconductors in the Union and therefore to be in the publicprovide services of general interest.
Amendment 37 #
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 Arto the extent that they are compaticbles 107 and 108 of the Treaty with applicable state aid rules, apply support schemes and provide for administrative support to Integrated Production Facilities and Open EU Foundries in accordance with Article 14.
Amendment 38 #
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
Amendment 40 #
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
2. Where an assessment of the Commission provides concrete, serious, and reliable evidence of a semiconductor crisis, the Commission may activate the crisis stage by means of implementing acts in accordance with Article 33(2). The duration of the activation shall be specified in the implementing act. Where, in view of the scope and gravity of the semiconductor crisis, duly justified imperative grounds of urgency so require, the procedure provided for in Article 33(3) shall apply to implementing acts adopted pursuant to this Article.
Amendment 41 #
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 shallmay 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.
Amendment 42 #
Proposal for a regulation
Article 19 – paragraph 2
Article 19 – paragraph 2
2. The Commission may, aftershall consulting the European Semiconductor Board, on the proportionality of the actions proposed and may 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 43 #
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 economic activities in the Union and. Measures must be in the best interest of the Union and shall not disproportionally favour any one or group of Member States. The use of these measures shall avoid placing disproportionate administrative burden on SMEs.
Amendment 44 #
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. The Commission shallmay, after consulting the European Semiconductor Board, request representative organisations of undertakings or, if necessary, individual undertakings operating along the semiconductor supply chain to inform the Commission about their production capabilities, production capacities, current primary disruptions and provide other existing data necessary to assess the nature of the semiconductor crisis or to identify and assess potential mitigation or emergency measures at national or Union level.
Amendment 45 #
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
1. WIn extraordinary circumstances, where necessary and proportionate to ensure the basic operation of all or certain critical sectors, the Commission may 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 46 #
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, proportionate and as a last resort measure, to accept and prioritise orders of crisis relevant products in line with paragraph 4, 5 and 6.
Amendment 47 #
Proposal for a regulation
Article 21 – paragraph 4
Article 21 – paragraph 4
4. The obligations under paragraph 1, 2 and 3 shall be enacted by the Commission via decision. Before taking such a decision, the Commission shall consult the European Semiconductor Board. The European Semiconductor Board may advise the Commission on the necessity and proportionality of the decision. The decision shall be taken in accordance with all applicable Union legal obligations, having regard to the advice of the European Semiconductor Board and circumstances of the case, including the principles of necessity and proportionality. The decision shall in particular have regard for the legitimate aims of the undertaking concerned and the cost and effort required for any change in production sequence. In its decision, the Commission shall state the legal basis of the priority rated order, fix the time-limit within which the order is to be performed, and, where applicable, specify the product and quantity, and state the penalties provided for in Article 28 for non- compliance with the obligation. The priority rated order shall be placed at fair and reasonable price.
Amendment 48 #
Proposal for a regulation
Article 21 – paragraph 4 a (new)
Article 21 – paragraph 4 a (new)
4 a. The European Semiconductor Board shall continuously assess and advise the Commission on whether decisions enacted under this Article are appropriate and effective. The European Semiconductor Board may recommend the Commission to limit or cancel enacted decisions.
Amendment 127 #
Proposal for a regulation
Recital 1
Recital 1
(1) Semiconductors are at the core of any digital device: from smartphones and cars, through critical applications and infrastructures in health, energy, telecommunications and automation to most other industry sectors. While semiconductors are essential to the functioning of our modern economy and society, the Union has witnessed unprecedented disruptions in their supply. The current supply shortage is a symptom of permanent and serious structural deficiencies in the Union’s semiconductor value and supply chain. The disruptions have exposed long-lasting vulnerabilities in this respect, notably a strong third-country dependency in manufacturing and design of chips.
Amendment 152 #
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5 a) Strengthening the Union’s critical infrastructure and security as well as technological leadership requires leading- edge and custom chips, in particular for future-proof and strategic sectors such as telecommunication infrastructure as well as 5G and 6G technologies.
Amendment 223 #
Proposal for a regulation
Recital 25
Recital 25
(25) In light of their importance for ensuring the security of supply and enabling a resilient semiconductor ecosystem, Integrated Production Facilities and Open EU Foundries shcould be considered to be in the publicprovide services of general interest. Ensuring the security of supply of semiconductors is important also for digitalisation that enables the green transition of many other sectors. To contribute towards security of supply of semiconductors in the Union, Member States may apply support schemes and provide for administrative support in national permit granting procedures. This is without prejudice to the competence of the Commission in the field of State aid under Article 107 and 108 of the Treaty, where relevant, to the extent that such support schemes are compatible with applicable state aid rules. Member States should support the set-up of Integrated Production Facilities and Open EU Foundries in accordance with Union law.
Amendment 224 #
Proposal for a regulation
Recital 26
Recital 26
(26) It is necessary that Integrated Production Facilities and Open EU Foundries are set-up as quickly as possible, while keeping the administrative burden to a minimum. For that reason, Member States should treat applications related to the planning, construction and operation of Integrated Production Facilities and Open EU Foundries in the most rapid manner possible. They should appoint an authority which will facilitate and coordinate the permit granting processes and appoint a coordinator, serving as a single point of contact for the project. Moreover, where necessary for granting a derogation under Council Directive 92/43/EEC56 and Directive 2000/60/EC of the European Parliament and Council57 , the establishment and operation of these facilities may be considered as being of overriding public interest within the meaning of the aforementioned legal texts, provided that the remaining other conditions set out in these provisions are fulfilled. _________________ 56 Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora. 57 Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy.
Amendment 288 #
Proposal for a regulation
Recital 45
Recital 45
(45) Appropriate, effective and proportionate measures shthat do not exceed what is necessary to rectify the immediate crisis could be identified and implemented when the crisis stage is activated without prejudice to possible continued international engagement with relevant partners with the view to mitigating the evolving crisis situation. Where appropriate, the Commission shcould request information from undertakings along the semiconductor supply chain. Furthermore, the Commission should be able to, where necessary and proportionate, act as a central purchasing body when mandated by Member States. In extraordinary circumstances, the Commission should be able to oblige Integrated Production Facilities and Open EU Foundries to accept and prioritise an order of the production of crisis-relevant products, and to act as a central purchasing body when mandated by Member States. The Commissionin such cases where it is necessary and proportionate to ensure the basic operation of critical sectors. Before enacting any such decision, the Commission should consult the European Seiconductor Board. Furthermore, the Commission should consult the European Semiconductor Board on the proportionality of all proposed emergency actions and could limit the measures to certain critical sectors. In addition, the European Semiconductor Board may advise on the necessity of introducing an export control regime pursuant to Regulation (EU) 2015/479 of the European Parliament and of the Council60 . The European Semiconductor Board may also assess and advise on further appropriate and effective measures. The use of all these emergency measures should be proportionate and restricted to what is necessary to address the significant disturbances at stake insofar as this is in the best interest of the Union. The Commission should regularly inform the European Parliament and the Council of the measures taken and the underlying reasons. The Commission may, after consulting with the Board, issue further guidance on the implementation and use of the emergency measures. _________________ 60 Regulation (EU) 2015/479 of the European Parliament and of the Council of 11 March 2015 on common rules for exports (OJ L 83, 27.3.2015, p. 34).
Amendment 295 #
Proposal for a regulation
Recital 46
Recital 46
(46) A number of sectors are critical for the proper functioning of the internal market. Those critical sectors are the sectors listed in the Annex of the Commission proposal for a Directive of the European Parliament and of the Council on the resilience of critical entities61 . For the purposes of this Regulation, defence, telecommunication and other activities that are relevant for public safety and security should be additionally considered as a critical sector. Certain measures should only be enacted fur the purpose of securing supply to critical sectors. The Commission may limit the emergency measures to certain of these sectors or to certain parts of them when the semiconductor crisis has disturbed or is threatening to disturb their operation. _________________ 61 COM(2020) 829. 16.12.2020.
Amendment 302 #
Proposal for a regulation
Recital 48
Recital 48
(48) In order to ensure that critical sectors can continue to operate in a time of crisis and when necessary and proportionate for this purpose, Integrated Production Facilities and Open EU Foundries could be obliged by the Commission to accept and prioritise orders of crisis-relevant products. This obligation may also be extended to semiconductor manufacturing facilities which have accepted such possibility in the context of receiving public support. The decision on a priority rated order should be taken in accordance with all applicable Union legal obligations, having regard to the circumstances of the case. The priority rating obligation should take precedence over any performance obligation under private or public law while it should have regard for the legitimate aims of the undertakings and the cost and effort required for any change in production sequence. Undertakings may be subject to penalties if they fail to comply with the obligation for priority rated orders. Priority rated orders should only be used to ensure basic operation of all or certain critical sectors, meaning a minimum level of required production.
Amendment 376 #
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, telecommunication and other activities that are relevant for public safety and security;
Amendment 428 #
Proposal for a regulation
Article 4 – paragraph 2 – point d – point 2
Article 4 – paragraph 2 – point d – point 2
(2) address the knowledge and skills shortage, attracting and mobilising new talent and supporting the emergence of a suitably skilled workforce for strengthening the semiconductor sector, including via reskilling and upskilling of workers on research, design and production.
Amendment 566 #
Proposal for a regulation
Article 13 – title
Article 13 – title
13 Public interest and public support
Amendment 569 #
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Integrated Production Facilities and Open EU Foundries shallmay be considered to contribute to the security of supply of semiconductors in the Union and therefore to be in the publicprovide services of general interest.
Amendment 573 #
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 Arto the extent that they are compaticbles 107 and 108 of the Treaty with applicable state aid rules, apply support schemes and provide for administrative support to Integrated Production Facilities and Open EU Foundries in accordance with Article 14.
Amendment 585 #
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
Amendment 653 #
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
2. Where an assessment of the Commission provides concrete, serious, and reliable evidence of a semiconductor crisis, the Commission may activate the crisis stage by means of implementing acts in accordance with Article 33(2). The duration of the activation shall be specified in the implementing act. Where, in view of the scope and gravity of the semiconductor crisis, duly justified imperative grounds of urgency so require, the procedure provided for in Article 33(3) shall apply to implementing acts adopted pursuant to this Article.
Amendment 667 #
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 shallmay 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.
Amendment 669 #
Proposal for a regulation
Article 19 – paragraph 2
Article 19 – paragraph 2
2. The Commission may, aftershall consulting the European Semiconductor Board, on the proportionality of the actions proposed and may 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 679 #
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 economic activities in the Union and. Measures must be in the best interest of the Union and shall not disproportionally favour or disfavour any one or group of Member States. The use of these measures shall avoid placing disproportionate administrative burden on SMEs.
Amendment 688 #
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. The Commission shallmay, after consulting the European Semiconductor Board, request representative organisations of undertakings or, if necessary, individual undertakings operating along the semiconductor supply chain to inform the Commission about their production capabilities, production capacities, current primary disruptions and provide other existing data necessary to assess the nature of the semiconductor crisis or to identify and assess potential mitigation or emergency measures at national or Union level.
Amendment 703 #
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
1. WIn extraordinary circumstances, where necessary and proportionate to ensure the basic operation of all or certain critical sectors, the Commission may 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 709 #
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, proportionate and as a last resort measure, to accept and prioritise orders of crisis relevant products in line with paragraph 4, 5 and 6.
Amendment 713 #
Proposal for a regulation
Article 21 – paragraph 4
Article 21 – paragraph 4
4. The obligations under paragraph 1, 2 and 3 shall be enacted by the Commission via decision. Before enacting such a decision, the Commission shall consult the European Semiconductor Board. The European Semiconductor Board may advise the Commission on the necessity and proportionality of the decision. The decision shall be taken in accordance with all applicable Union legal obligations, having regard to the advice of the European Semiconductor Board, circumstances of the case, including the principles of necessity and proportionality. The decision shall in particular have regard for the legitimate aims of the undertaking concerned and the cost and effort required for any change in production sequence. In its decision, the Commission shall state the legal basis of the priority rated order, fix the time-limit within which the order is to be performed, and, where applicable, specify the product and quantity, and state the penalties provided for in Article 28 for non- compliance with the obligation. The priority rated order shall be placed at fair and reasonable price.
Amendment 716 #
Proposal for a regulation
Article 21 – paragraph 4 a (new)
Article 21 – paragraph 4 a (new)
4 a. The European Semiconductor Board shall continuously assess and advise the Commission on whether decisions enacted under this Article are appropriate and effective. The European Semiconductor Board may recommend the Commission to limit or cancel enacted decisions.