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.
Open EU foundries
1. Open EU foundries shall be first-of-a-kind facilities for semiconductor manufacturing in the Union that offer production capacity to unrelated undertakings and thereby contribute to the security of supply for the internal market 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 chain.
2. At the time of submitting an application in accordance with Article 15(1), an open EU foundry shall be required to qualify as a first-of-a-kind facility.
3. An open EU foundry shall meet the following requirements:
(a)
its establishment has a clear positive impact, with spill-over effects beyond the undertaking or the 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, taking into account, in particular, the extent to which it offers front-end or back-end production capacity, or both, to undertakings which are not related to the facility, if there is sufficient demand;
(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. Where an open EU foundry offers production capacity to undertakings not related to the operator of the facility, it shall establish and maintain adequate and effective functional separation of the design and manufacturing processes in order to ensure the protection of information obtained at each stage.
5. For the purpose of investing in the continued innovation in accordance with paragraph 3, point (c), of this Article, open EU foundries 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.
Application for status as integrated production facility or open EU foundry
1. Any undertaking or any consortium of undertakings may submit an application to the Commission to grant a project the status of integrated production facility or open EU foundry.
2. The Commission shall, taking into account the views of the European Semiconductor Board, assess the application through a fair and transparent process on the basis of the following elements:
(a)
compliance with the criteria set out in Article 13(2) or Article 14(2), respectively, and a commitment to comply with Article 13(3) or Article 14(3), respectively;
(b)
a business plan evaluating the financial and technical viability of the project, taking into account its entire lifetime, including information on any planned public support;
(c)
proven experience of the applicant in installing and operating similar facilities;
(d)
provision of an appropriate supporting document proving the readiness of the Member State or Member States where the applicant intends to establish its facility to support the establishment of such a facility;
(e)
the existence of appropriate policies, including technical protection and implementing measures, aiming to ensure the protection of undisclosed information and IP rights, in particular with a view to preventing the unauthorised disclosure of trade secrets or the leakage of sensitive emerging technologies.
The Commission shall provide guidance on the information required and its relevant format.
3. The Commission shall process applications, adopt its decisions and notify the applicants within six months of receipt of a complete application. Where the Commission considers that the information provided in the application is incomplete, it shall provide the applicant with the opportunity to submit the additional information required to complete the application without undue delay. The Commission’s decision shall determine the duration of the status on the basis of the predicted lifetime of the project.
4. The Commission shall monitor the progress achieved in the establishment and operation of integrated production facilities and open EU foundries and shall inform the European Semiconductor Board on a regular basis.
5. The operator of the facility may request the Commission to review the duration of the status or to modify its implementation plans with regard to compliance with the requirements under Article 13(3) or Article 14(3), respectively, where it considers such a review to be duly justified on account of unforeseen external circumstances. On the basis of such a review, the Commission may revise the duration of the status granted in accordance with paragraph 3 of this Article or accept the modification of the implementation plans.
6. Where the Commission finds that a facility no longer fulfils the requirements set out in Article 13(3) or Article 14(3), it shall give the operator of the integrated production facility or open EU foundry the opportunity to comment and to propose appropriate measures.
7. The Commission may repeal a decision recognising the status of an integrated production facility or open EU foundry if the recognition was based on an application containing incorrect information or where, despite completing the procedure in paragraph 5 of this Article, the integrated production facility or open EU foundry does not fulfil the requirements set out in Article 13(3) or Article 14(3), respectively. Before taking such a decision, the Commission shall consult the European Semiconductor Board after providing it with the reasons for the proposed repeal. Any decision withdrawing the status of an integrated production facility or open EU foundry shall be properly reasoned and subject to a right of appeal by the operator.
8. Facilities whose status as integrated production facility or open EU foundry have been repealed pursuant to paragraph 7 of this Article shall lose all rights linked to the recognition of this status arising from this Regulation. However, such facilities shall remain subject to the obligation set out in Article 26(1) for a period equivalent to that which was initially foreseen when the status was granted in accordance with paragraph 3 of this Article, or, where the status was reviewed, the applicable duration in accordance with paragraph 5 of this Article.
Public interest and public support
1. Integrated production facilities and open EU foundries shall be considered to contribute to the security of supply of semiconductors and the resilience of the Union’s semiconductor ecosystem and therefore to be in the public interest.
2. In order to reach security of supply and the resilience of the Union’s semiconductor ecosystem, Member States may, without prejudice to Articles 107 and 108 TFEU, apply support measures and provide for administrative support to integrated production facilities and open EU foundries in accordance with Article 18.
Design centres of excellence
1. The Commission may award a label of ‘design centre of excellence’ to design centres established in the Union that significantly enhance the Union’s capabilities in innovative chip design through their service offerings or through the development, promotion and strengthening of design skills and capabilities.
2. The Commission shall adopt delegated acts in accordance with Article 37, supplementing this Regulation by establishing the procedure for applications and the requirements and conditions for the granting, monitoring and withdrawal of the label referred to in paragraph 1 of this Article.
3. Design centres of excellence shall be considered to be in the public interest, thereby contributing to the resilience of the Union’s semiconductor ecosystem. Member States may, without prejudice to Articles 107 and 108 TFEU, apply support measures for design centres of excellence, in particular if such design centres of excellence are SMEs.
Fast-tracking of permit-granting procedures
1. Member States shall ensure that administrative applications related to the planning, construction and operation of integrated production facilities and open EU foundries are processed in an efficient, transparent and timely manner. To that end, all national authorities concerned shall ensure that the most rapid treatment legally possible is given to these applications in a manner that fully respects national law and procedure.
2. Where such a status exists in national law, integrated production facilities and open EU foundries shall be allocated the status of the highest national significance possible and be treated as such in permit-granting processes. This paragraph shall apply only where such status of the highest national significance exists in national law and does not create an obligation for Member States to introduce such status.
3. The security of supply of semiconductors and the resilience of the semiconductor ecosystem may be considered to be an imperative reason of overriding public interest within the meaning of Article 6(4) and Article 16(1), point (c), of Directive 92/43/EEC and of overriding public interest within the meaning of Article 4(7) of Directive 2000/60/EC. Therefore, the planning, construction and operation of integrated production facilities and open EU foundries may be considered to be of overriding public interest, provided that the remaining other conditions set out in those provisions are fulfilled. This paragraph shall be without prejudice to the applicability or implementation of other Union environmental law.
4. For each integrated production facility and open EU foundry, each Member State concerned may designate an authority responsible for facilitating and coordinating administrative applications related to planning, construction and operation.
Each designated authority may appoint a coordinator who shall serve as the single point of contact for the integrated production facility or open EU foundry.
If the establishment of an integrated production facility or an open EU foundry requires decisions to be taken in two or more Member States, the relevant designated authorities may take all necessary steps for efficient and effective cooperation and coordination among themselves.
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
