Cyber Resilience Act: CECE members get ready for inter-institutional negotiations

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This week, a large number of members of the CECE expert group on European data policy (‘PT Data’) convened after the summer break to take stock of the latest legislative developments on the Cyber Resilience Act (CRA) regulation. The exchange of views particularly centered on the final texts adopted by the European Parliament (EP) and the Council alike with a view to identifying the CECE position for the trilogues’ phase, which is about to start.

On 19th July, the Committee of Permanent Representatives (‘COREPER’) adopted the EU Council’s mandate for negotiations. On the same day, also the EP’s Industry Committee (ITRE), leading the work on the file, voted on its final report corresponding to the EP’s negotiating mandate.

With no plenary vote foreseen, the ITRE mandate is expected to be announced at the plenary sitting of September. According to the announced timeline, trilogue negotiations are expected to kick-off by end of September, while the agreement on the final text is planned to be reached by end of 2023 with entry into force in the first quarter of 2024.

The main aspects of the draft regulation discussed at the PT Data ad-hoc meeting cover the key CECE advocacy points, together with certain additional elements of the proposal deemed relevant for the potential implications on the construction equipment sector. The reference mainly goes to:

  • In-scope products and spare parts exclusion
  • Definition of ‘substantial modification’
  • Criticality categorisation
  • Manufacturers’ obligations and support period
  • Reporting obligation mechanism
  • Transition period combined with a ‘staggered approach’ for non-road mobile machinery (NRMM) products
  • Product-related cybersecurity requirements

The CRA represents a priority file for our industry. CECE will therefore continue to closely monitor the legislative developments of the file. In view of the negotiations phase starting in the coming weeks, we will actively support our members with targeted advocacy actions addressing key policy makers and other industry stakeholders.

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