Section 1 — European Semiconductor Board
Establishment and tasks of the European Semiconductor Board
1. The European Semiconductor Board is established.
2. The European Semiconductor Board shall provide the Commission with advice, assistance and recommendations pursuant to this Regulation and, in particular, by:
(a)
providing advice on the Initiative to the Public Authorities Board of the Chips Joint Undertaking;
(b)
providing advice to the Commission in the assessment of the applications for integrated production facilities and open EU foundries;
(c)
exchanging views with the Commission on the best ways to ensure, in accordance with Union and national law, effective protection and enforcement of IP rights, confidential information and trade secrets, with due involvement of stakeholders, in relation to the semiconductor sector;
(d)
discussing and preparing the identification of specific sectors and technologies with potential high social or environmental impact, or security significance, and therefore in need of certification as green, trusted and secure products;
(e)
addressing issues relating to strategic mapping, monitoring, alerting and preventive action and crisis response;
(f)
advising on the crisis stage tools under Articles 24 to 27;
(g)
providing advice and recommendations regarding the consistent implementation of this Regulation, facilitating cooperation among Member States and exchange of information on issues relating to this Regulation.
3. The European Semiconductor Board shall advise the Commission on matters concerning international cooperation related to semiconductors. To that end, it may consider stakeholders’ views, including those of the Industrial Alliance on Processors and Semiconductor Technologies. The European Semiconductor Board shall periodically discuss the following, and shall inform the Commission of the outcome of such discussions:
(a)
how to enhance cooperation along the global semiconductor value chain between the Union and third countries, taking into account existing international cooperation agreements with third countries;
(b)
which third countries could be prioritised for enhanced international cooperation related to semiconductors, considering:
(i)
complementarities and interdependencies along the semiconductor supply chain;
(ii)
the effect on semiconductor supply of trade policies, tariffs, export restrictions, trade barriers, as well as the effect of business closures, offshoring or acquisitions of Union key market actors by entities established in third countries on the basis of publicly available information;
(iii)
the potential contribution to security of supply, taking into account their production capacity of semiconductors, intermediate products and raw materials required to produce semiconductors or intermediate products;
(iv)
existing cooperation agreements between that third country and the Union.
This paragraph shall be without prejudice to the prerogatives of the European Parliament and of the Council pursuant to the Treaties.
4. The European Semiconductor Board shall ensure coordination, cooperation and information exchange, where appropriate, with the relevant crisis response and crisis preparedness structures established under Union law.
Structure of the European Semiconductor Board
1. The European Semiconductor Board shall be composed of representatives from all the Member States. A representative of the Commission shall be the Chair of the European Semiconductor Board.
2. Each Member State shall appoint a high-level representative to the European Semiconductor Board. Where relevant as regards the function and expertise, a Member State may have more than one representative in relation to different tasks of the European Semiconductor Board. Each member of the European Semiconductor Board shall have an alternate. Only Member States shall have voting rights. Each Member State shall have only one vote regardless of the number of representatives that they have.
3. At its first meeting, on a proposal by and in agreement with the Chair, the European Semiconductor Board shall adopt its rules of procedure.
4. The Chair may establish standing or temporary sub-groups for the purpose of examining specific questions.
Where appropriate, the Chair shall invite representative organisations of the semiconductor value chain, the Industrial Alliance on Processors and Semiconductor Technologies, trade unions and users of semiconductors at Union level to provide input to such sub-groups in the capacity of observers.
A sub-group including Union research and technology organisations shall be established for the purpose of examining specific aspects on strategic technology directions and reporting on this to the European Semiconductor Board.
Operation of the European Semiconductor Board
1. The European Semiconductor Board shall hold ordinary meetings at least once a year. It may hold extraordinary meetings at the request of the Commission or a Member State and as referred to in Articles 20 and 23.
2. The European Semiconductor Board shall hold separate meetings for its tasks referred to in Article 28(2), point (a), and for its tasks referred to in Article 28(2), points (b), (d), (e) and (f).
3. The Chair shall convene the meetings and prepare the agenda, after consulting the members of the European Semiconductor Board, in accordance with the tasks of the European Semiconductor Board pursuant to this Regulation and with its rules of procedure.
The Commission shall provide administrative and analytical support for the activities of the European Semiconductor Board pursuant to Article 28.
4. Where appropriate, the Chair shall involve representative organisations of the semiconductor sector and shall invite experts with specific expertise in the subject matter, including from stakeholder organisations, and appoint observers to take part in the meetings, including upon suggestion from members. The Chair may facilitate exchanges between the European Semiconductor Board and other Union bodies, offices, agencies and expert and advisory groups. To that end, the Chair shall invite a representative from the European Parliament as a permanent observer to the European Semiconductor Board, in particular to meetings concerning Chapter IV on monitoring and crisis response. The Chair shall ensure the participation of relevant other Union institutions and bodies as observers to the European Semiconductor Board with respect to meetings concerning Chapter IV on monitoring and crisis response.
Observers and experts shall not have voting rights and shall not participate in the formulation of opinions, recommendations or advice of the European Semiconductor Board and its sub-groups. Where appropriate, the European Semiconductor Board may invite those observers and experts to contribute with information and insights.
5. The European Semiconductor Board shall take the necessary measures to ensure the safe handling and processing of confidential information, in accordance with Article 32.
Section 2 — National competent authorities
Designation of national competent authorities and single points of contact
1. Each Member State shall designate one or more national competent authorities for the purpose of ensuring the application and implementation of this Regulation at national level.
2. Where a Member State designates more than one national competent authority, it shall clearly set out the respective responsibilities of the authorities concerned and shall ensure that they cooperate effectively and efficiently to fulfil their tasks under this Regulation, including with regard to the designation and activities of the national single point of contact referred to in paragraph 3.
3. Each Member State shall designate one national single point of contact to exercise a liaison function to ensure cross-border cooperation with national competent authorities of other Member States, with the Commission and with the European Semiconductor Board (single point of contact). Where a Member State designates only one competent authority, that competent authority shall also be the single point of contact.
4. Each Member State shall notify the Commission of the designation of the national competent authority or more than one national competent authority, and the national single point of contact, including their precise tasks and responsibilities under this Regulation, their contact information and any subsequent changes thereto.
5. Member States shall ensure that national competent authorities, including the single point of contact designated, exercise their powers impartially, transparently and in a timely manner and that they are provided with the powers and the adequate technical, financial and human resources to fulfil their tasks under this Regulation.
6. Member States shall ensure that national competent authorities, whenever appropriate and in accordance with Union and national law, consult and cooperate with other relevant national authorities, as well as with relevant interested parties.
The Commission shall facilitate the exchange of experience between national competent authorities.
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
