Recital 118 Implementing powers conferred to the Commission


In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission to specify the technical description of the categories of important products with digital elements means a software or hardware product and its remote data processing solutions, including software or hardware components being placed on the market separately; set out in an annex to this Regulation, specify the format and elements of the SBOM, specify further the format and procedure of the notifications of actively exploited vulnerabilities means a vulnerability for which there is reliable evidence that a malicious actor has exploited it in a system without permission of the system owner; and severe incidents means an incident as defined in Article 6, point (6), of Directive (EU) 2022/2555; having an impact on the security of products with digital elements means a software or hardware product and its remote data processing solutions, including software or hardware components being placed on the market separately; submitted by manufacturers means 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;, establish common specifications covering technical requirements that provide a means to comply with the essential cybersecurity means cybersecurity as defined in Article 2, point (1), of Regulation (EU) 2019/881; requirements set out in an annex to this Regulation, lay down technical specifications means a technical specification as defined in Article 2, point (4), of Regulation (EU) No 1025/2012; for labels, pictograms or any other marks related to the security of the products with digital elements means a software or hardware product and its remote data processing solutions, including software or hardware components being placed on the market separately;, their support period means the period during which a manufacturer is required to ensure that vulnerabilities of a product with digital elements are handled effectively and in accordance with the essential cybersecurity requirements set out in Part II of Annex I; and mechanisms to promote their use and to increase public awareness about the security of products with digital elements means a software or hardware product and its remote data processing solutions, including software or hardware components being placed on the market separately;, specify the simplified documentation form targeted at the needs of 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 enterprises means a financial entity that employs 10 or more persons, but fewer than 50 persons, and has an annual turnover and/or annual balance sheet total that exceeds EUR 2 million, but does not exceed EUR 10 million;, and decide on corrective or restrictive measures at Union level in exceptional circumstances which justify an immediate intervention to preserve the proper functioning of the internal market. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council(32)Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13, ELI: http://data.europa.eu/eli/reg/2011/182/oj)..

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