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In his draft Opinion, Rapporteur Morten Løkkegaard (Renew Europe, Denmark) tabled a total of 56 amendments to the text proposed by the Commission. Morten Løkkegaard as the former Rapporteur for opinion in the IMCO Committee on the NIS2 Directive, justifies the alterations to the Commission proposal’s by a lack of legal clarity and coherence with NIS2, the General Product Safety Regulation, the Artificial Intelligence Act, the machinery regulation and the RED Delegated act amongst others.
Radio Equipment:
AMD 1 and 13. The CRA will cover the RED requirements laid down in Art. 3(3) points (d), (e) and (f), the delegated regulation to activate the RED provisions will be repealed when this Regulation comes into force.
Intended purpose and foreseeable misuse
AMD 8. The rapporteur deleted the concept of foreseeable misuse as it creates legal unclarity to the detriment of manufacturers and consumers alike. The ordinary intended purpose remains.
Provisions on components and criticality level
AMD 12: Integrating a component of higher class of criticality into a product of lower
criticality does not change the level of criticality for the product the component is integrated into.
AMD 15: When integrating components from third parties in products, the manufacturer shall ensure that appropriate conformity assessment procedure has
been carried out by the components manufacturers.
AMD 16: The components manufacturers shall provide the information and documentation necessary to comply with the requirements of this Regulation, when supplying such components to the manufacturer of finished products.
Consistency with the new General Product Safety Regulation
AMD 14: Products digital element will be designed and developed in accordance with article 5 of the EU’s General Product Safety Regulation (draft).
Obligations of manufacturers
ADM 20: The rapporteur removes EC’s ambiguity regarding the timeframe: obligations of manufacturers run from the placing of the market and for the product lifetime or at least 5 years.
Software update
AMD 18: When software updates do not result in a substantial modification, the manufacturer shall not be required to carry out another conformity assessment
Consistency with NIS on Reporting obligation
AMD 22. Essential and important entities under NIS2, following the NIS reporting obligations are deemed compliant with the CRA.
Market surveillance
AMD 11: The Rapporteur also introduced a new Article to underscore that the proposed Regulation should not prevent Member States from subjecting products with digital elements to additional measures when such products will be used for military, defence or national security purposes.
Additional amendments aimed to: (i) ensure more efficient communication with competent authorities; (ii) strengthen the obligations and competences of relevant authorities with regards to complaints, inspections, and joint activities, the role of ENISA is more central :
AMD 45 ENISA shall automatically be requested to carry out evaluations of compliance in case of infringement.
Entry into force
AMD 54: the rapporteur moves the application of the measure from 24 to 40 months after its entry into force. Finally, the obligations that deserve the support of harmonised standards shall apply 20 months after the date of the publication of these harmonised standards.
Next Steps at the European Parliament
Rule 57 of the European Parliament's Rules of Procedure applies to this proposal. Under this rule, the ITRE (Lead) and IMCO (Associated) Committees are obliged to adhere to the principle of sincere cooperation and work alongside one another on the drafting of the European Parliament's position on the proposal within their respective areas of competence.
The Associated IMCO Committee is scheduled to meet and discuss its draft opinion on 25 April 2023.
Following this, IMCO MEPs would then have until 26 April 2023 to table amendments to the text. The Committee is then tentatively scheduled to meet and discuss the amendments on either 22 or 23 May 2023.
A vote on the draft Opinion, as well as the amendments tabled to it, is then tentatively scheduled to take place on either 28 or 29 June 2023. |
