Art. 60 Sweeps | CRA regulation | CRA

This article establishes a coordinated enforcement mechanism known as "sweeps" — simultaneous control actions carried out by market surveillance authorities across Member States to check compliance with, or detect infringements of, the regulation.

It sets out how these sweeps are organised, who coordinates them, and what powers can be used during them.

Notably, sweeps can involve undercover purchases of products, and ENISA plays a feeding role by proposing sweep targets based on notifications it receives under Article 14.

Important points:

Market surveillance authorities are required to conduct simultaneous coordinated sweeps of products with digital elements, which may include acquiring products under a cover identity.
Sweeps are coordinated by the Commission unless the market surveillance authorities involved agree otherwise, and ENISA can propose categories of products for sweeps based on its monitoring activity.
Market surveillance authorities may draw on the full range of investigation powers set out in Articles 52 to 58, as well as any additional powers available under national law, when conducting sweeps.

1. Market surveillance authorities shall conduct simultaneous coordinated control actions (sweeps) of particular products with digital elements or categories thereof to check compliance with or to detect infringements to this Regulation. Those sweeps may include inspections of products with digital elements acquired under a cover identity.
1. Unless otherwise agreed upon by the market surveillance authorities involved, sweeps shall be coordinated by the Commission. The coordinator of the sweep shall, where appropriate, make the aggregated results publicly available.
1. Where, in the performance of its tasks, including based on the notifications received pursuant to Article 14(1) and (3), ENISA identifies categories of products with digital elements for which sweeps may be organised, it shall submit a proposal for a sweep to the coordinator referred to in paragraph 2 of this Article for the consideration of the market surveillance authorities.
1. When conducting sweeps, the market surveillance authorities involved may use the investigation powers set out in Articles 52 to 58 and any other powers conferred upon them by national law.
1. Market surveillance authorities may invite Commission officials, and other accompanying persons authorised by the Commission, to participate in sweeps.

Article 60 Sweeps

Relevant recitals