The European Chips Act



Article 22, Alerts and preventive action.


1. Where a national competent authority becomes aware of a risk of serious disruption in the supply of semiconductors or has concrete and reliable information of any other relevant risk factor or event materialising, it shall alert the Commission without undue delay.


2. Where the Commission becomes aware of a risk of serious disruption in the supply of semiconductors or has concrete and reliable information of any other relevant risk factor or event materialising, including on the basis of early warning indicators, upon an alert pursuant to paragraph 1 or from international partners, it shall, without undue delay, carry out the following preventive actions:


(a) convening an extraordinary meeting of the European Semiconductor Board to coordinate the following actions:

(i) discussing the severity of the disruptions to the supply of semiconductors;

(ii) discussing whether initiating the procedure referred to in Article 23 may be necessary and proportionate;

(iii) discussing whether it is appropriate, necessary and proportionate for Member States to jointly purchase semiconductors, intermediate products or raw materials as a preventive measure (joint procurement);

(iv) entering into dialogue with stakeholders of the semiconductor value chain with a view to identifying, preparing and possibly coordinating preventive measures;


(b) on behalf of the Union, entering into consultations or cooperation with relevant third countries with a view to seeking cooperative solutions to address supply-chain disruptions, in compliance with international obligations, which may involve, where appropriate, carrying out coordination in relevant international fora;


(c) asking national competent authorities to assess the state of preparedness of the key market actors.


3. Any joint procurement carried out following the discussions referred to in paragraph 2, point (a)(iii), shall be carried out by Member States in accordance with the rules set out in Articles 38 and 39 of Directive 2014/24/EU of the European Parliament and of the Council and in Articles 56 and 57 of Directive 2014/25/EU of the European Parliament and of the Council.