L 229/26
EN
Official Journal of the European Union
18.9.2023
2.
In order to reflect technological change and market developments, the Commission is empowered to adopt delegated acts in accordance with Article 37 to amend Annex I with regard to the actions set out therein in a manner consistent with the objectives of the Initiative set out in Article 4. 3.
In order to ensure effective implementation and evaluation of the Initiative, the Commission is empowered to adopt delegated acts in accordance with Article 37 to amend Annex II with regard to the measurable indicators to monitor the implementation and to report on the progress of the Initiative towards the achievement of its objectives as set out in Article 4. 4.
In order to ensure effective implementation, monitoring and evaluation of the Initiative, the annual activity report of the Chips Joint Undertaking shall include information on matters related to the Initiative’s operational objectives 1 to 4, on the basis of the measurable indicators set out in Annex II. 5.
The Commission shall inform the European Semiconductor Board on progress in the implementation of the Initiative’s operational objective 5 on a regular basis.
CHAPTER III
Security of supply and resilience
Article 13 Integrated production facilities 1.
Integrated production facilities shall be first-of-a-kind facilities for semiconductor manufacturing, and, where relevant, including design, or for the production of equipment or key components for such equipment predominantly used in semiconductor manufacturing in the Union, which may integrate other steps of the supply chain, and that contribute to the security of supply and the resilience of the Union’s semiconductor ecosystem and in addition they may, where relevant, contribute to the security of the global semiconductor supply chains. 2.
At the time of submitting an application in accordance with Article 15(1), an integrated production facility shall be required to qualify as a first-of-a-kind facility.
3.
An integrated production facility shall meet the following requirements:
(a) its establishment has a clear positive impact with spill-over effects beyond the undertaking or Member State concerned, on the Union’s semiconductor value chain in the medium to long term, with a view to ensuring security of supply and resilience of the semiconductor ecosystem, including the growth of start-ups and SMEs, and contributing to the Union’s green and digital transitions; (b) it provides an assurance that it is not subject to the extraterritorial application of public service obligations of third countries in a way that may undermine the undertaking’s ability to comply with the obligations set out in Article 26(1) and commits to informing the Commission when such obligation arises; (c) it invests in the Union in continued innovation with a view to achieving concrete advances in semiconductor technology or preparing next-generation technologies; (d) it supports the Union’s talent pipeline by developing and deploying educational and skills training and by increasing the pool of qualified and skilled workforce. 4.
For the purpose of investing in continued innovation in accordance with paragraph 3, point (c), of this Article integrated production facilities shall have preferential access to the pilot lines established in accordance with Article 5, point (b).
Any such preferential access shall neither exclude nor prevent effective access on fair terms to the pilot lines by other interested undertakings, in particular start-ups and SMEs.