Source: OJ L 2024/2847, 20.11.2024
ENRecital 53 Overlap with the machinery regulation
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; of products falling within the scope of Regulation (EU) 2023/1230 of the European Parliament and of the Council(24)Regulation (EU) 2023/1230 of the European Parliament and of the Council of 14 June 2023 on machinery and repealing Directive 2006/42/EC of the European Parliament and of the Council and Council Directive 73/361/EEC (OJ L 165, 29.6.2023, p. 1). which are also 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; as defined in this Regulation should comply with both the essential cybersecurity means cybersecurity as defined in Article 2, point (1), of Regulation (EU) 2019/881; requirements set out in this Regulation and the essential health and safety requirements set out in Regulation (EU) 2023/1230. The essential cybersecurity means cybersecurity as defined in Article 2, point (1), of Regulation (EU) 2019/881; requirements set out in this Regulation and certain essential requirements set out in Regulation (EU) 2023/1230 might address similar cybersecurity risks means 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;. Therefore, the compliance with the essential cybersecurity means cybersecurity as defined in Article 2, point (1), of Regulation (EU) 2019/881; requirements set out in this Regulation could facilitate the compliance with the essential requirements that also cover certain cybersecurity risks means 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 set out in Regulation (EU) 2023/1230, and in particular those regarding the protection against corruption and safety and reliability of control systems set out in sections 1.1.9 and 1.2.1 of Annex III to that Regulation. Such synergies have to be demonstrated by the manufacturer 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;, for instance by applying, where available, harmonised standards means a harmonised standard as defined in Article 2, point (1)(c), of Regulation (EU) No 1025/2012; or other technical specifications covering relevant essential cybersecurity means cybersecurity as defined in Article 2, point (1), of Regulation (EU) 2019/881; requirements following a risk assessment covering those cybersecurity risks means 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;. The manufacturer 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; should also follow the applicable conformity assessment means the process of verifying whether the essential cybersecurity requirements set out in Annex I have been fulfilled; procedures set out in this Regulation and in Regulation (EU) 2023/1230. The Commission and the European standardisation organisations, in the preparatory work supporting the implementation of this Regulation and of Regulation (EU) 2023/1230 and the related standardisation processes, should promote consistency in how the cybersecurity risks means 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; are to be assessed and in how those risks are to be covered by harmonised standards means a harmonised standard as defined in Article 2, point (1)(c), of Regulation (EU) No 1025/2012; with regard to the relevant essential requirements. In particular, the Commission and the European standardisation organisations should take into account this Regulation in the preparation and development of harmonised standards means a harmonised standard as defined in Article 2, point (1)(c), of Regulation (EU) No 1025/2012; to facilitate the implementation of Regulation (EU) 2023/1230 as regards in particular the cybersecurity means cybersecurity as defined in Article 2, point (1), of Regulation (EU) 2019/881; aspects related to the protection against corruption and safety and reliability of control systems set out in sections 1.1.9 and 1.2.1 of Annex III to that Regulation. The Commission should provide guidance to support 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; subject to this Regulation that are also subject to Regulation (EU) 2023/1230, in particular to facilitate the demonstration of compliance with relevant essential requirements set out in this Regulation and in Regulation (EU) 2023/1230.