Data & Privacy
- Data Act
- Data Governance Act
- ePrivacy Directive
- GDPR
AI & Trust
- Artificial Intelligence Act
- Product Liability Directive
Cybersecurity
- Cyber Resilience Act
- Cybersecurity Act
- DORA
- NIS2
Digital Services & Media
- Digital Markets Act
- Digital Services Act
- European Media Freedom Act
Cyber Resilience Act
- Recitals
CHAPTER I
GENERAL PROVISIONSArticles 1 — 12
CHAPTER II
OBLIGATIONS OF ECONOMIC OPERATORS AND PROVISIONS IN RELATION TO FREE AND OPEN-SOURCE SOFTWAREArticles 13 — 26
CHAPTER III
CONFORMITY OF THE PRODUCT WITH DIGITAL ELEMENTSArticles 27 — 34
CHAPTER IV
NOTIFICATION OF CONFORMITY ASSESSMENT BODIESArticles 35 — 51
CHAPTER V
MARKET SURVEILLANCE AND ENFORCEMENTArticles 52 — 60
CHAPTER VI
DELEGATED POWERS AND COMMITTEE PROCEDUREArticles 61 — 62
CHAPTER VII
CONFIDENTIALITY AND PENALTIESArticles 63 — 65
CHAPTER VIII
TRANSITIONAL AND FINAL PROVISIONSArticles 66 — 71
ANNEXES
CRA Article 55. Union safeguard procedure
- 1.Where, within three months of receipt of the notification referred to in Article 54(5), objections are raised by a Member State against a measure taken by another Member State, or where the Commission considers the measure to be contrary to Union law, the Commission shall without delay enter into consultation with the relevant Member State and the economic operator or operators and shall evaluate the national measure. On the basis of the results of that evaluation, the Commission shall decide whether the national measure is justified or not within nine months from the notification referred to in Article 54(5) and notify that decision to the Member State concerned.
- 2.If the national measure is considered to be justified, all Member States shall take the measures necessary to ensure that the non-compliant product with digital elements is withdrawn from their market, and shall inform the Commission accordingly. If the national measure is not considered to be justified, the Member State concerned shall withdraw the measure.
- 3.Where the national measure is considered to be justified and the non-compliance of the product with digital elements is attributed to shortcomings in the harmonised standards, the Commission shall apply the procedure provided for in Article 11 of Regulation (EU) No 1025/2012.
- 4.Where the national measure is considered to be justified and the non-compliance of the product with digital elements is attributed to shortcomings in a European cybersecurity certification scheme as referred to in Article 27, the Commission shall consider whether to amend or repeal any delegated act adopted pursuant to Article 27(9) that specifies the presumption of conformity concerning that certification scheme.
- 5.Where the national measure is considered to be justified and the non-compliance of the product with digital elements is attributed to shortcomings in common specifications as referred to in Article 27, the Commission shall consider whether to amend or repeal any implementing act adopted pursuant to Article 27(2) setting out those common specifications.
Relevant Recitals for this Article
In order to ensure timely, proportionate and effective measures in relation to products with digital elements presenting a significant cybersecurity risk, a Union safeguard procedure under which interested parties are informed of measures intended to be taken with regard to such products should be provided for. This should also allow market surveillance authorities, in cooperation with the relevant economic operators, to act at an earlier stage where necessary. Where the Member States and the Commission agree as to the justification of a measure taken by a Member State, no further involvement of the Commission should be required, except where non-compliance can be attributed to shortcomings of a harmonised standard.