Source: OJ L 333, 27.12.2022, p. 1–79Current language: EN
- Digital operational resilience in the financial sector
Basic legislative acts
- DORA regulation
Article 43 Oversight fees
Summary What does Article 43 of the DORA regulation say?
This article deals with the financing of the oversight function established under DORA.
It establishes that critical ICT third-party service providers must bear the costs of being overseen, by paying fees to the Lead Overseer that cover all necessary expenditure.
This includes costs from the joint examination team and any independent expert advice.
The actual fee amounts and payment arrangements are to be set by the Commission through a delegated act, as referenced in Article 57.
Important points:
- Critical ICT third-party service providers are required to pay fees to the Lead Overseer to fully cover the costs of oversight activities directed at them.
- The fee charged to each provider must be proportionate to its turnover.
- The Commission is empowered to determine the specific fee amounts and payment method via a delegated act, with a deadline of 17 July 2024.
Springlex's summary of the article, a reading aid, not a substitute for the legal text.
The Lead Overseer shall, in accordance with the delegated act referred to in paragraph 2 of this Article, charge critical ICT third-party service providers fees that fully cover the Lead Overseer’s necessary expenditure in relation to the conduct of oversight tasks pursuant to this Regulation, including the reimbursement of any costs which may be incurred as a result of work carried out by the joint examination team referred to in Article 40, as well as the costs of advice provided by the independent experts as referred to in Article 32(4), second subparagraph, in relation to matters falling under the remit of direct oversight activities.
The amount of a fee charged to a critical ICT third-party service provider shall cover all costs derived from the execution of the duties set out in this Section and shall be proportionate to its turnover.
The Commission is empowered to adopt a delegated act in accordance with Article 57 to supplement this Regulation by determining the amount of the fees and the way in which they are to be paid by 17 July 2024.
Relevant recitals
Recital 96 Funding model for Oversight Framework
Whereas costs resulting from oversight tasks would be fully funded from fees levied on critical ICT third-party service providers, the ESAs are. however, likely to incur, before the start of the Oversight Framework, costs for the implementation of dedicated ICT systems supporting the upcoming oversight, since dedicated ICT systems would need to be developed and deployed beforehand. This Regulation therefore provides for a hybrid funding model, whereby the Oversight Framework would, as such, be fully fee-funded, while the development of the ESAs’ ICT systems would be funded from Union and national competent authorities’ contributions.
Springlex and this text is meant purely as a documentation tool and has no legal effect. No liability is assumed for its content. The authentic version of this act is the one published in the Official Journal of the European Union.
Definition
ICT third-party service provider
Definition
critical ICT third-party service provider
Definition
ICT services
Definition
Lead Overseer