L 229/34
EN
Official Journal of the European Union
18.9.2023
Member States shall work closely with the Commission, inform in a timely manner about and coordinate any national measures taken with regard to the semiconductor supply chain within the European Semiconductor Board. 7.
Upon expiry of the period for which the crisis stage is activated or in the event of its early termination pursuant to paragraph 5 of this Article, the measures taken in accordance with Articles 25, 26 and 27 shall cease to apply immediately. 8.
The Commission shall update the mapping and the monitoring of the semiconductor value chains pursuant to Articles 19 and 20 taking into account the experience from the crisis no later than six months after the expiry of the duration of the crisis stage.
Se c tion 3 Sho r ta g e r es po ns e
Article 24 Emergency toolbox 1.
Where the crisis stage is activated pursuant to Article 23 and where necessary in order to address the semiconductor crisis in the Union, the Commission may take the measure provided for in Article 25, 26 or 27, under the conditions laid down therein. 2.
The Commission shall, after consulting the European Semiconductor Board, restrict the application of the measures provided for in Articles 26 and 27 to the critical sectors the operation of which is disturbed or under threat of disturbance on account of the semiconductor crisis.
The use of the measures referred to in paragraph 1 of this Article shall be proportionate and restricted to what is necessary for addressing serious disruptions affecting critical sectors in the Union and must be in the best interest of the Union.
The use of those measures shall avoid placing disproportionate administrative burden in particular on SMEs. 3.
Where the crisis stage is activated pursuant to Article 23 and where appropriate in order to address the semiconductor crisis in the Union, the European Semiconductor Board may: (a) assess and advise on appropriate and effective emergency measures; (b) assess the expected impact of the possible imposition of protective measures on the Union’s semiconductor sector, considering whether the market situation corresponds to a significant shortage of an essential product pursuant to Regulation (EU) 2015/479 and provide an opinion to the Commission. 4.
The Commission shall regularly inform the European Parliament and the Council of any measures taken in accordance with paragraph 1 and explain the reasons for its decision. 5.
The Commission may, after consulting the European Semiconductor Board, issue guidance on the implementation and the use of the emergency measures.
Article 25 Information gathering 1.
Where the crisis stage is activated pursuant to Article 23, the Commission may request undertakings operating along the semiconductor supply chain to provide information about their production capabilities, production capacities and current primary disruptions.
The requested information shall be limited to what is necessary to assess the nature of the semiconductor crisis or to identify and assess potential mitigation or emergency measures at Union or national level.
The information requests shall not entail the supply of information the disclosure of which would be contrary to the Member States’ national security interests.