Article 76 — Defence Security of Supply Board

1. The Defence Security of Supply Board (the Board) is hereby established. 2. The general task of the Board is to assist and provide recommendations to the Commission pursuant to this Chapter. 3. The Commission shall maintain a regular flow of information to the Board on any planned measures and on measures that have been taken following the activation of the supply-crisis states pursuant to Article 60 or 64. The Commission shall provide the necessary information through a secured IT system. 4. For the purposes of preparing for and addressing a supply-crisis state referred to in Article 60 or 64, the Board shall assist the Commission in: (a) analysing crisis-relevant information gathered by Member States or the Commission; (b) assessing possible preparedness measures; (c) assessing whether the criteria for activation or deactivation of the supply-crisis states referred to in Article 60 or 64 have been fulfilled; (d) facilitating coordinated action with Member States; (e) providing guidance on the implementation of the measures chosen to respond to the supply-crises at Union level referred to in Article 60 or 64, including on the activation of the measures referred to in Articles 62 and 63 and 65 to 71; (f) identifying specific response measures for the Member States for ensuring the timely availability and supply of crisis-relevant products; (g) facilitating exchanges and sharing of information, including with other crisis-relevant bodies at Union level, as well as, as appropriate, with third countries, international organisations and representatives of industry, civil society and academia; (h) identifying relevant topics for the conduct of stress tests; (i) the development of a framework and methodology for identifying crisis-relevant products and the list of early-warning indicators; (j) carrying out the mapping regarding crisis-relevant products and early warning indicators; (k) assessing whether a prolongation of the supply-crisis state is necessary and proportionate and whether a termination is appropriate; (l) assessing the results of the monitoring and identifying, where appropriate, potential solutions to issues of common interest; and (m) identifying an appropriate frequency for the conduct of stress tests. 5. The Board shall be composed of representatives from all Member States, the Commission, the High Representative and the EDA. It shall be co-chaired by a representative of the Commission and of the Member State holding the rotating presidency of the Council. The secretariat of the Board shall be ensured by the Commission. Only Member States shall have voting rights. 6. The co-chairs shall invite representatives of the European Parliament to attend, as observers, the meetings of the Board. 7. Associated countries shall have the right to become members, without voting rights, of the Board in accordance with the conditions set out under the Agreement on the European Economic Area. 8. The Board shall meet whenever the situation requires, upon request from the Commission, a Member State or an associated country which has become a member of the Board. The Board shall adopt its rules of procedure on the basis of a proposal submitted by the Commission. Those rules of procedure shall provide mechanisms to ensure the good functioning of the Board in carrying out its tasks, including by foreseeing dispute resolution procedures related to potential disputes between the co-chairs. 9. The Board may issue recommendations, upon the request of the Commission or on its own initiative. The Board shall endeavour to find solutions which command the widest possible support. 10. The Board shall invite, at least once a year, representatives from national defence industry associations and selected industrial representatives to take part, as observers, in its work, taking into account the necessity to ensure a balanced geographical representation. Where a supply-crisis state referred to in Article 60 or 64 has been activated, the Board shall invite, where relevant, high-level industrial representatives to take part, as observers, in its work, meeting in a special configuration in order to discuss issues linked to crisis-relevant products or, where a security-related supply-crisis state under Article 64 has been activated, the defence products concerned. 11. The Board shall invite the representatives of other crisis-relevant bodies at Union level as observers to its relevant meetings. 12. The Board shall invite, where relevant, in line with its rules of procedure and with due respect to the security and defence interests of the Union and its Member States, a representative from Ukraine to attend meetings as an observer. 13. The Commission shall ensure inclusiveness and provide members of the Board with equal access to information in order to ensure that the decision-making process of the Board reflects the situation and the needs of all Member States. The Board shall take the necessary measures to ensure the safe handling and processing of classified and sensitive information in accordance with Articles 79 and 80. 14. The Commission may, on its own initiative or acting on a proposal from the Board, set up working groups on an ad hoc basis to support the Board in its work for the purpose of examining specific questions on the basis of the tasks referred to in paragraph 1. Member States shall nominate experts for those working groups. The EDA may be invited to meetings of such working groups. 15. The Commission shall set up a working group within the meaning of paragraph 14 on legal, regulatory and administrative hurdles. The objectives of that working group shall be: (a) to identify existing or potential legal, regulatory and administrative obstacles at international, Union and national levels to the achievement of the objectives listed in Article 1(2), point (6); (b) to identify potential solutions and mitigation measures to identified obstacles.