Guidance | Prighter

Skip to content

Chapter 2 (Art. 13 - 26) — Obligations of economic operators and Provisions in relation to free and open-source software

Article 26

Guidance

In order to facilitate implementation and ensure the consistency of such implementation, the Commission shall publish guidance to assist economic operators in applying this Regulation, with a particular focus on facilitating compliance by microenterprises and small and medium-sized enterprises.
Where it intends to provide guidance as referred to in paragraph 1, the Commission shall address at least the following aspects:
- (a) the scope of this Regulation, with a particular focus on remote data processing solutions and free and open-source software;
- (b) the application of support periods in relation to particular categories of products with digital elements;
- (c) guidance targeted at manufacturers subject to this Regulation that are also subject to Union harmonisation legislation other than this Regulation or to other related Union legal acts;
- (d) the concept of substantial modification.
The Commission shall also maintain an easy-to-access list of the delegated and implementing acts adopted pursuant to this Regulation.
When preparing the guidance pursuant to this Article, the Commission shall consult relevant stakeholders.

Details

Recitals

Recital 5

Recital 5

As regards microenterprises and small and medium-sized enterprises, when determining the category an enterprise falls into, the provisions of the Annex to Recommendation 2003/361/EC should be applied in their entirety. Therefore, when calculating the staff headcount and financial ceilings determining the enterprise categories, the provisions of Article 6 of the Annex to Recommendation 2003/361/EC on establishing the data of an enterprise in consideration of specific types of enterprises, such as partner enterprises or linked enterprises, should also be applied.

Click to preview full recital
Recital 6

Recital 6

The Commission should provide guidance to assist economic operators, in particular microenterprises and small and medium-sized enterprises, in the application of this Regulation. Such guidance should cover, inter alia, the scope of this Regulation, in particular remote data processing and its implications for free and open-source software developers, the application of the criteria used to determine support periods for products with digital elements, the interplay between this Regulation and other Union law and the concept of substantial modification.

Click to preview full recital
Recital 30

Recital 30

Commission Delegated Regulation (EU) 2022/30 specifies that a number of essential requirements set out in Article 3(3), points (d), (e) and (f), of Directive 2014/53/EU of the European Parliament and of the Council , relating to network harm and misuse of network resources, personal data and privacy, and fraud, apply to certain radio equipment. Commission Implementing Decision C(2022) 5637 of 5 August 2022 on a standardisation request to the European Committee for Standardisation and the European Committee for Electrotechnical Standardisation lays down requirements for the development of specific standards further specifying how those essential requirements should be addressed. The essential cybersecurity requirements set out in this Regulation include all the elements of the essential requirements referred to in Article 3(3), points (d), (e) and (f), of Directive 2014/53/EU. Furthermore, the essential cybersecurity requirements set out in this Regulation are aligned with the objectives of the requirements for specific standards included in that standardisation request. Therefore, when the Commission repeals or amends Delegated Regulation (EU) 2022/30 with the consequence that it ceases to apply to certain products subject to this Regulation, the Commission and the European standardisation organisations should take into account the standardisation work carried out in the context of Implementing Decision C(2022) 5637 in the preparation and development of harmonised standards to facilitate the implementation of this Regulation. During the transitional period for the application of this Regulation, the Commission should provide guidance to manufacturers subject to this Regulation that are also subject to Delegated Regulation (EU) 2022/30 to facilitate the demonstration of compliance with the two Regulations.

Click to preview full recital