1. By 24 May 2026 and every two years thereafter, the Commission shall, on the basis of the information received pursuant to Article 22(1), share with the Board:
(a)
a draft benchmark indicating a safe level of Union strategic stocks for each strategic raw material, as referred to in paragraph 2 of this Article;
(b)
a comparison of the overall level of Union strategic stocks for each strategic raw material and the draft benchmark referred to in point (a) of this paragraph;
(c)
information on the potential cross-border accessibility of strategic stocks, in light of the rules or procedures for their release, allocation and distribution.
2. The Commission, taking account of the views of the Board, shall adopt a benchmark indicating a safe level of Union strategic stocks of strategic raw materials. That benchmark shall:
(a)
be expressed as the amount of strategic raw materials needed to cover an amount of days of average daily net imports in the case of a supply disruption, calculated on the basis of the amount of imports during the previous calendar year;
(b)
take into account publicly available information on strategic stocks held by private operators;
(c)
be proportionate to the supply risk and economic importance associated with the relevant strategic raw material.
3. The Commission may, taking account of the views of the Board, issue opinions addressed to Member States:
(a)
to increase the level of strategic stocks, and where applicable, production capabilities, taking into account the comparison referred to in paragraph 1, point (b), the relative distribution of existing strategic stocks among Member States and the consumption of strategic raw materials by economic operators in the Member States’ respective territories;
(b)
to amend or coordinate the rules or procedures for the release, allocation and distribution of strategic stocks in order to improve the potential cross-border accessibility, in particular where necessary for the production of strategic technologies.
4. In preparing the opinions referred to in paragraph 3, the Commission and the Board shall give particular weight to the need to maintain and promote incentives for private operators, which rely on strategic raw materials as inputs, to constitute their own strategic stocks or to take other measures to manage their exposure to supply risks.
5. Member States shall, in their reports submitted pursuant to Article 45, provide information on whether and how they have implemented or intend to implement the opinions referred to in paragraph 3 of this Article.
6. Before the participation of at least two Member States in international or multilateral fora in the areas of strategic stocks of strategic raw materials, the Commission shall ensure prior coordination either between the Member States concerned and the Commission or by means of a dedicated meeting of the Board.
7. The data collated on the available Union strategic stocks shall be provided by the Commission to the Union governance bodies responsible for crisis vigilance or crisis management mechanisms covering relevant strategic raw materials.
8. Neither this Article nor Article 22 shall impose an obligation on Member States to hold or release strategic stocks.