Article 15, 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.