Cyber Resilience Act (CRA)
Table of Contents
Chapter I – GENERAL PROVISIONS
Chapter II – OBLIGATIONS OF ECONOMIC OPERATORS AND PROVISIONS IN RELATION TO FREE AND OPEN-SOURCE SOFTWARE
Chapter III – CONFORMITY OF THE PRODUCT WITH DIGITAL ELEMENTS
Chapter IV – NOTIFICATION OF CONFORMITY ASSESSMENT BODIES
Chapter V – MARKET SURVEILLANCE AND ENFORCEMENT
Chapter VI – DELEGATED POWERS AND COMMITTEE PROCEDURE
Chapter VII – CONFIDENTIALITY AND PENALTIES
Chapter VIII – TRANSITIONAL AND FINAL PROVISIONS
Recitals (130)
Annexes
Chapter I – GENERAL PROVISIONS
Article 8
Critical products with digital elements
Critical products with digital elements
1. The Commission is empowered to adopt delegated acts in accordance with Article 61 to supplement this Regulation to determine which products with digital elements that have the core functionality of a product category that is set out in Annex IV to this Regulation are to be required to obtain a European cybersecurity certificate at assurance level at least ‘substantial’ under a European cybersecurity certification scheme adopted pursuant to Cybersecurity Act, to demonstrate conformity with the essential cybersecurity requirements set out in Annex I to this Regulation or parts thereof, provided that a European cybersecurity certification scheme covering those categories of products with digital elements has been adopted pursuant to Cybersecurity Act and is available to manufacturers. Those delegated acts shall specify the required assurance level that shall be proportionate to the level of cybersecurity risk associated with the products with digital elements and shall take account of their intended purpose, including the critical dependency on them by essential entities as referred to in Article 3(1) of NIS2 Directive (Network and Information Security).
Before adopting such delegated acts, the Commission shall carry out an assessment of the potential market impact of the envisaged measures and shall carry out consultations with relevant stakeholders, including the European Cybersecurity Certification Group established under Cybersecurity Act. The assessment shall take into account the readiness and the capacity level of the Member States for the implementation of the relevant European cybersecurity certification scheme. Where no delegated acts as referred to in the first subparagraph of this paragraph have been adopted, products with digital elements which have the core functionality of a product category as set out in Annex IV shall be subject to the conformity assessment procedures referred to in Article 32(3).
The delegated acts referred to in the first subparagraph shall provide for a minimum transitional period of six months, unless a shorter transitional period is justified for imperative reasons of urgency.
2. The Commission is empowered to adopt delegated acts in accordance with Article 61 to amend Annex IV by adding or withdrawing categories of critical products with digital elements. When determining such categories of critical products with digital elements and the required assurance level, in accordance with paragraph 1 of this Article, the Commission shall take into account the criteria referred to in Article 7(2) and ensure that the categories of products with digital elements meet at least one of the following criteria:
(a) there is a critical dependency of essential entities as referred to in Article 3 of NIS2 Directive (Network and Information Security) on the category of products with digital elements;
(b) incidents and exploited vulnerabilities concerning the category of products with digital elements could lead to serious disruptions of critical supply chains across the internal market.
Before adopting such delegated acts, the Commission shall carry out an assessment of the type referred to in paragraph 1.
The delegated acts referred to in the first subparagraph shall provide for a minimum transitional period of six months, unless a shorter transitional period is justified for imperative reasons of urgency.