Source: OJ L 333, 27.12.2022, p. 80–152
ENRecital 138 Delegated acts on obligations to obtain certificates
In order to ensure a high common level of cybersecurity means cybersecurity as defined in Article 2, point (1), of Regulation (EU) 2019/881; across the Union on the basis of this Directive, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission in respect of supplementing this Directive by specifying which categories of essential and important entities means a natural or legal person created and recognised as such under the national law of its place of establishment, which may, acting under its own name, exercise rights and be subject to obligations; are to be required to use certain certified ICT products means an ICT product as defined in Article 2, point (12), of Regulation (EU) 2019/881;, ICT services means digital and data services provided through ICT systems to one or more internal or external users on an ongoing basis, including hardware as a service and hardware services which includes the provision of technical support via software or firmware updates by the hardware provider, excluding traditional analogue telephone services; and ICT processes or obtain a certificate under a European cybersecurity means cybersecurity as defined in Article 2, point (1), of Regulation (EU) 2019/881; certification scheme. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making (22)OJ L 123, 12.5.2016, p. 1.. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States’ experts, and their experts systematically have access to meetings of Commission expert groups means a group as defined in Article 2, point (11), of Directive 2013/34/EU; dealing with the preparation of delegated acts.