Art. 9 Stakeholder consultation | CRA regulation | CRA

1. When preparing measures for the implementation of this Regulation, the Commission shall consult and take into account the views of relevant stakeholders, such as relevant Member State authorities, private sector undertakings, including microenterprises, ‘small enterprises’ and ‘medium-sized enterprises’ mean, respectively, microenterprises, small enterprises and medium-sized enterprises as defined in the Annex to Recommendation 2003/361/EC; and small and medium-sized enterprises, the open-source softwaremeans the part of an electronic information system which consists of computer code; community, consumermeans a natural person who acts for purposes which are outside that person’s trade, business, craft or profession; associations, academia, and relevant Union agencies and bodies as well as expert groups established at Union level. In particular, the Commission shall, in a structured manner, where appropriate, consult and seek the views of those stakeholders when:
  1. preparing the guidance referred to in Article 26;
  2. preparing the technical descriptions of the product categories set out in Annex III in accordance with Article 7(4), assessing the need for potential updates of the list of product categories in accordance with Article 7(3) and Article 8(2), or carrying out the assessment of the potential market impact referred to in Article 8(1), without prejudice to Article 61;
  3. undertaking preparatory work for the evaluation and review of this Regulation.
1. The Commission shall organise regular consultation and information sessions, at least once a year, to gather the views of the stakeholders referred to in paragraph 1 on the implementation of this Regulation.

The Commission should ensure that a wide range of relevant stakeholders are consulted in a structured and regular manner when preparing measures for the implementation of this Regulation. This should particularly be the case where the Commission assesses the need for potential updates to the lists of categories of important or critical products with digital elementsmeans a software or hardware product and its remote data processing solutions, including software or hardware components being placed on the market separately;, where relevant manufacturersmeans a natural or legal person who develops or manufactures products with digital elements or has products with digital elements designed, developed or manufactured, and markets them under its name or trademark, whether for payment, monetisation or free of charge; should be consulted and their views taken into account in order to analyse the cybersecurity risksmeans the potential for loss or disruption caused by an incident and is to be expressed as a combination of the magnitude of such loss or disruption and the likelihood of occurrence of the incident; as well as the balance of costs and benefits of designating such categories of products as important or critical.

Article 9 Stakeholder consultation

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