The European Chips Act



Article 24, Emergency toolbox.


1. Where the crisis stage is activated pursuant to Article 23 and where necessary in order to address the semiconductor crisis in the Union, the Commission may take the measure provided for in Article 25, 26 or 27, under the conditions laid down therein.


2. The Commission shall, after consulting the European Semiconductor Board, restrict the application of the measures provided for in Articles 26 and 27 to the critical sectors the operation of which is disturbed or under threat of disturbance on account of the semiconductor crisis. The use of the measures referred to in paragraph 1 of this Article shall be proportionate and restricted to what is necessary for addressing serious disruptions affecting critical sectors in the Union and must be in the best interest of the Union. The use of those measures shall avoid placing disproportionate administrative burden in particular on SMEs.


3. Where the crisis stage is activated pursuant to Article 23 and where appropriate in order to address the semiconductor crisis in the Union, the European Semiconductor Board may:

(a) assess and advise on appropriate and effective emergency measures;

(b) assess the expected impact of the possible imposition of protective measures on the Union’s semiconductor sector, considering whether the market situation corresponds to a significant shortage of an essential product pursuant to Regulation (EU) 2015/479 and provide an opinion to the Commission.


4. The Commission shall regularly inform the European Parliament and the Council of any measures taken in accordance with paragraph 1 and explain the reasons for its decision.


5. The Commission may, after consulting the European Semiconductor Board, issue guidance on the implementation and the use of the emergency measures.