Article 12: Application and recognition
1. Any undertaking or any consortium of undertakings ('applicant') may submit an application to the Commission to recognise the applicant's planned facility as an Integrated Production Facility or Open EU Foundry.
2. The Commission shall, in consultation with the European Semiconductor Board, assess the application through a fair and transparent process based on the following elements:
(a) compliance with the criteria set out in Article 10(2) or in Article 11(2) respectively;
(b) a business plan evaluating the financial viability of the project, 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 facilitate the set-up of such a facility. The Commission shall process the application and adopt its decision in a timely manner and notify the applicant thereof.
3. The Commission shall monitor the activities of the Integrated Production Facilities and the Open EU Foundries. Where the Commission finds that a facility no longer fulfils the criteria set out in Articles 10(2) or in Article 11(2) respectively, it shall notify the findings to the European Semiconductor Board. After consulting the European Semiconductor Board and after hearing the facility, the Commission may repeal the decision granting a facility the status of Integrated Production Facility or Open EU Foundry.
4. The Commission may, after consulting the European Semiconductor Board, repeal a decision recognising the status of an Integrated Production Facility or an Open EU Foundry if the recognition was based on an application containing incorrect information.
5. Facilities which are no longer Integrated Production Facilities and Open EU Foundries shall lose all rights linked to the recognition of this status arising from this Regulation.
Note: This is not the final text of the European Chips Act. This is the text of the European Chips Act Proposal of February 2022.