Procedure at Union level concerning products with digital elements presenting a significant cybersecurity risk 具重大網路安全風險產品之歐盟層級程序

1. Where the Commission has sufficient reason to consider, including based on information provided by ENISA, that a product with digital elements which presents a significant cybersecurity risk does not comply with the requirements laid down in this Regulation, it shall inform the relevant market surveillance authorities and, where appropriate, cooperate with them and request, where necessary, the Commission to take measures at Union level.

2. The Commission, taking into account the result of the dialogue referred to in paragraph 1 and consulting, where necessary, the relevant Cooperation Group established pursuant to Article 14 of Directive (EU) 2022/2555 and ENISA, may decide, by means of an implementing act, that corrective or restrictive measures are necessary at Union level. The implementing act shall provide for one or more of the following measures: (a) prohibition or restriction of the making available of the product with digital elements on the market; (b) withdrawal of the product with digital elements from the market; (c) recall of the product with digital elements; (d) prohibition or restriction of certain functionalities; (e) any other appropriate measure.

3. The implementing act referred to in paragraph 2 of this Article shall be adopted in accordance with the examination procedure referred to in Article 62(2). On duly justified imperative grounds of urgency, the Commission shall adopt immediately applicable implementing acts in accordance with the procedure referred to in Article 62(3).

4. Member States shall take all appropriate measures to ensure compliance with the implementing act referred to in paragraph 2 in their territory.