EN
L 229/32
Official Journal of the European Union
18.9.2023
Article 21
Key market actors Member States shall, in cooperation with the Commission in accordance with Article 19, identify key market actors along the semiconductor supply chains established in their territory, taking into account the following elements: (a) the number of other Union undertakings relying on the service or good provided by a market actor; (b) the Union or global market share of the key market actor in the market for such services or goods; (c) the importance of a market actor in maintaining a sufficient level of supply of a service or good in the Union, taking into account the availability of alternative means for the provision of that service or good; (d) the impact a disruption of supply of the service or good provided by the market actor may have on the Union’s semiconductor supply chain and dependent markets.
Se cti on 2 Al er t s a n d th e a ctiva ti on o f the cr isis st a ge
Article 22
Alerts and preventive action 1.
Where a national competent authority becomes aware of a risk of serious disruption in the supply of semiconductors or has concrete and reliable information of any other relevant risk factor or event materialising, it shall alert the Commission without undue delay. 2.
Where the Commission becomes aware of a risk of serious disruption in the supply of semiconductors or has concrete and reliable information of any other relevant risk factor or event materialising, including on the basis of early warning indicators, upon an alert pursuant to paragraph 1 or from international partners, it shall, without undue delay, carry out the following preventive actions: (a) convening an extraordinary meeting of the European Semiconductor Board to coordinate the following actions: (i)
discussing the severity of the disruptions to the supply of semiconductors;
(ii) discussing whether initiating the procedure referred to in Article 23 may be necessary and proportionate; (iii) discussing whether it is appropriate, necessary and proportionate for Member States to jointly purchase semiconductors, intermediate products or raw materials as a preventive measure (joint procurement); (iv) entering into dialogue with stakeholders of the semiconductor value chain with a view to identifying, preparing and possibly coordinating preventive measures; (b) on behalf of the Union, entering into consultations or cooperation with relevant third countries with a view to seeking cooperative solutions to address supply-chain disruptions, in compliance with international obligations, which may involve, where appropriate, carrying out coordination in relevant international fora; (c) asking national competent authorities to assess the state of preparedness of the key market actors.