L 35/18
EN
Official Journal of the European Union
17.2.2022
(7)
The European Semiconductor Expert Group should facilitate rapid and effective information exchange between the Member States and the Commission on market developments that put Union supplies at tangible risk, and foster a uniform and coordinated crisis response.
(8)
As a first measure, Member States are recommended to request information from representative organisations of undertakings or, if necessary, from individual semiconductor and equipment manufacturers.
This would increase the ability of the European Semiconductor Expert Group to identify and tailor potential crisis response measures.
The data gathered should concern the production capability, production capacity and current primary disruptions and bottlenecks.
Any collection or exchange of information should be in line with applicable rules on data sharing and confidentiality of information and data.
(9)
This Recommendation includes suggestions for crisis response measures that Member States are invited to discuss and consider to implement where relevant and proportionate.
(10)
If the assessment of the crisis at hand so requires, Member States could consider entering into a dialogue asking semiconductor manufacturers established in the Union to prioritise contracts with companies who supply products to critical sectors, with a view to ensure that these sectors continue to operate.
(11)
Furthermore, if relevant and appropriate according to the assessment of the crisis at hand, Member States may consider granting a mandate to the Commission to procure certain products on their behalf, in order to create a leverage effect through its purchasing power and to ensure the supply to critical sectors in the public interest.
(12)
Finally, Member States are encouraged to assess whether the Union should exercise surveillance over certain exports for securing supply to the internal market.
If they find such protective measures appropriate, necessary and proportionate, they could discuss and request the Commission to assess whether the conditions for protective measures with regard to exports pursuant to Regulation (EU) 2015/479 of the European Parliament and of the Council (3) are fulfilled.
(13)
The recommended monitoring action should follow the principles of anticipation, coordination and preparedness with a view to establish an early warning system in order to prevent semiconductor crises and to strengthen the Union’s semiconductor ecosystem.
To that end, Member States are asked to discuss in the European Semiconductor Expert Group appropriate early warning indicators to anticipate future shortages in the semiconductor supply chain.
(14)
Further in-depth assessment is needed as regards the risks that may disrupt, compromise or negatively affect the value chain, including on the origins and sources of supplies beyond the Union.
Therefore, Member States are recommended to gather relevant information and cooperate with a view to enable the Commission to prepare a common risk assessment for the semiconductor value chain in the Union.
Factors to be taken into account when preparing the risk assessments should be indicated.
(15)
The Commission sets out in the proposed Regulation a permanent and binding mechanism for a coordinated monitoring and crisis response, which builds upon the measures suggested in this Recommendation.
Once the Regulation enters into force, this Recommendation may be repealed.
HAS ADOPTED THIS RECOMMENDATION:
1.
PURPOSE OF THIS RECOMMENDATION
(1)
The purpose of this Recommendation is to enable a rapid, effective and coordinated Union response to the current semiconductor shortage and to future similar cases.
(3) 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).