18.9.2023
EN
Official Journal of the European Union
L 229/33
3.
Any joint procurement carried out following the discussions referred to in paragraph 2, point (a)(iii), shall be carried out by Member States in accordance with the rules set out in Articles 38 and 39 of Directive 2014/24/EU of the European Parliament and of the Council (31) and in Articles 56 and 57 of Directive 2014/25/EU of the European Parliament and of the Council (32).
Article 23 Activation of the crisis stage 1.
A semiconductor crisis shall be considered to occur where:
(a) there are serious disruptions in the semiconductor supply chain or serious obstacles to trade in semiconductors within the Union causing significant shortages of semiconductors, intermediate products or raw or processed materials; and (b) such significant shortages prevent the supply, repair or maintenance of essential products used by critical sectors to the extent that it would have serious detrimental effect on the functioning of the critical sectors due to their impact on society, economy and security of the Union. 2.
Where the Commission becomes aware of a potential semiconductor crisis pursuant to Article 22(2), it shall assess whether the conditions of paragraph 1 of this Article are met.
That assessment shall take into account the potential positive and negative impacts and consequences of the crisis stage on the Union’s semiconductor industry and critical sectors.
Where that assessment provides concrete and reliable evidence, the Commission may, after consulting the European Semiconductor Board, propose to the Council to activate the crisis stage. 3.
The Council, acting by qualified majority, may activate the crisis stage by means of a Council implementing act.
The duration of the crisis stage shall be specified in the implementing act and it shall not exceed 12 months.
The Commission shall report on a regular basis and in any event at least every three months to the European Semiconductor Board and to the European Parliament on the state of the crisis. 4.
Before the expiry of the duration for which the crisis stage was activated, the Commission shall assess whether it is appropriate to prolong the crisis stage.
Where such assessment provides concrete and reliable evidence that the conditions for the activation of the crisis are still met, and after consulting the European Semiconductor Board, the Commission may propose to the Council to prolong the crisis stage.
The Council, acting by qualified majority, may prolong the crisis stage by means of a Council implementing act.
The duration of the prolongation shall be limited and specified in the Council implementing act.
The Commission may propose prolonging the crisis stage once or more frequently where duly justified. 5.
During the crisis stage, the Commission shall, after consulting the European Semiconductor Board, assess the appropriateness of an early termination of the crisis stage.
If the assessment indicates so, the Commission may propose to the Council to terminate the crisis stage.
The Council may terminate the crisis stage by means of a Council implementing act. 6.
During the crisis stage, the Commission shall, upon request from a Member State or on its own initiative, convene extraordinary meetings of the European Semiconductor Board where necessary.
(31) Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC (OJ L 94, 28.3.2014, p. 65).
(32) Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC (OJ L 94, 28.3.2014, p. 243).