Article 49 - Sweeps
1. Market surveillance authorities may decide to conduct simultaneous coordinated control actions (“sweeps”) of particular products with digital elements or categories thereof to check compliance with or to detect infringements to this Regulation.
2. Unless otherwise agreed upon by the market surveillance authorities involved, sweeps shall be coordinated by the Commission. The coordinator of the sweep may, where appropriate, make the aggregated results publicly available.
3. ENISA may identify, in the performance of its tasks, including based on the notifications received according to Article 11(1) and (2), categories of products for which sweeps may be organised. The proposal for sweeps shall be submitted to the potential coordinator referred to in paragraph 2 for the consideration of the market surveillance authorities.
4. When conducting sweeps, the market surveillance authorities involved may use the investigation powers set out Articles 41 to 47 and any other powers conferred upon them by national law.
5. Market surveillance authorities may invite Commission officials, and other accompanying persons authorised by the Commission, to participate in sweeps.
Cyber Resilience Act Text 15.9.2022
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