Art. 59 Joint activities of market surveillance authorities | CRA regulation | CRA

This article establishes a framework for coordinated, cross-authority joint activities in the enforcement of the regulation.

It allows market surveillance authorities to team up with other relevant authorities to check compliance and address cybersecurity risks in products with digital elements, particularly those known to present recurring risks.

The Commission and ENISA also play an active role by proposing such joint activities where there are signs of non-compliance across multiple Member States.

The article sits within the broader market surveillance and enforcement chapter and complements the investigative powers set out in surrounding articles.

Important points:

Market surveillance authorities are permitted to agree with other authorities on joint compliance activities, particularly targeting products that frequently present cybersecurity risks.
The Commission and ENISA are required to propose joint activities where indications of non-compliance exist across several Member States.
Market surveillance authorities and the Commission must ensure joint activities do not lead to unfair competition among economic operators and must make the agreement, including the names of parties involved, publicly available.

1. Market surveillance authorities may agree with other relevant authorities to carry out joint activities aimed at ensuring cybersecurity and the protection of consumers with respect to specific products with digital elements placed on the market or made available on the market, in particular products with digital elements that are often found to present cybersecurity risks.
1. The Commission or ENISA shall propose joint activities for checking compliance with this Regulation to be conducted by market surveillance authorities based on indications or information of potential non-compliance across several Member States of products with digital elements that fall within the scope of this Regulation with the requirements laid down in this Regulation.
1. The market surveillance authorities and, where applicable, the Commission, shall ensure that the agreement to carry out joint activities does not lead to unfair competition between economic operators and does not negatively affect the objectivity, independence and impartiality of the parties to the agreement.
1. A market surveillance authority may use any information obtained as a result of the joint activities carried out as part of any investigation that it undertakes.
1. The market surveillance authority concerned and, where applicable, the Commission, shall make the agreement on joint activities, including the names of the parties involved, available to the public.

Article 59 Joint activities of market surveillance authorities

Relevant recitals