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 46 Competent authorities
Summary What does Article 46 of the DORA regulation say?
This article is the supervisory map of DORA, identifying which competent authority is responsible for enforcing compliance for each type of financial entity covered by the regulation.
Rather than creating new supervisory bodies, it deliberately anchors oversight within the existing sectoral frameworks — each entity type is supervised by whichever authority already holds responsibility for it under its own governing legislation.
It is worth noting that this article operates without prejudice to the separate Oversight Framework for critical ICT third-party service providers established under Chapter V, Section II, which has its own distinct oversight structure.
Important points:
- Each category of financial entity covered by DORA is assigned to a specific competent authority already designated under its respective sectoral legislation — no new supervisory bodies are created.
- Competent authorities are responsible for ensuring compliance with DORA in accordance with the powers granted to them by their existing legal frameworks.
- For significant credit institutions, supervisory responsibility falls to the ECB rather than the national competent authority.
Springlex's summary of the article, a reading aid, not a substitute for the legal text.
Without prejudice to the provisions on the Oversight Framework for critical ICT third-party service providers referred to in Chapter V, Section II, of this Regulation, compliance with this Regulation shall be ensured by the following competent authorities in accordance with the powers granted by the respective legal acts:
for credit institutions and for institutions exempted pursuant to Directive 2013/36/EU, the competent authority designated in accordance with Article 4 of that Directive, and for credit institutions classified as significant in accordance with Article 6(4) of Regulation (EU) No 1024/2013, the ECB in accordance with the powers and tasks conferred by that Regulation;
for payment institutions, including payment institutions exempted pursuant to Directive (EU) 2015/2366, electronic money institutions, including those exempted pursuant to Directive 2009/110/EC, and account information service providers as referred to in Article 33(1) of Directive (EU) 2015/2366, the competent authority designated in accordance with Article 22 of Directive (EU) 2015/2366;
for investment firms, the competent authority designated in accordance with Article 4 of Directive (EU) 2019/2034 of the European Parliament and of the Council(38);
for crypto-asset service providers as authorised under the Regulation on markets in crypto-assets and issuers of asset-referenced tokens, the competent authority designated in accordance with the relevant provision of that Regulation;
for central securities depositories, the competent authority designated in accordance with Article 11 of Regulation (EU) No 909/2014;
for central counterparties, the competent authority designated in accordance with Article 22 of Regulation (EU) No 648/2012;
for trading venues and data reporting service providers, the competent authority designated in accordance with Article 67 of Directive 2014/65/EU, and the competent authority as defined in Article 2(1), point (18), of Regulation (EU) No 600/2014;
for trade repositories, the competent authority designated in accordance with Article 22 of Regulation (EU) No 648/2012;
for managers of alternative investment funds, the competent authority designated in accordance with Article 44 of Directive 2011/61/EU;
for management companies, the competent authority designated in accordance with Article 97 of Directive 2009/65/EC;
for insurance and reinsurance undertakings, the competent authority designated in accordance with Article 30 of Directive 2009/138/EC;
for insurance intermediaries, reinsurance intermediaries and ancillary insurance intermediaries, the competent authority designated in accordance with Article 12 of Directive (EU) 2016/97;
for institutions for occupational retirement provision, the competent authority designated in accordance with Article 47 of Directive (EU) 2016/2341;
for credit rating agencies, the competent authority designated in accordance with Article 21 of Regulation (EC) No 1060/2009;
for administrators of critical benchmarks, the competent authority designated in accordance with Articles 40 and 41 of Regulation (EU) 2016/1011;
for crowdfunding service providers, the competent authority designated in accordance with Article 29 of Regulation (EU) 2020/1503;
for securitisation repositories, the competent authority designated in accordance with Articles 10 and 14(1) of Regulation (EU) 2017/2402.
Relevant recitals
Recital 97 Powers of competent authorities
Competent authorities should have all required supervisory, investigative and sanctioning powers to ensure the proper exercise of their duties under this Regulation. They should, in principle, publish notices of the administrative penalties they impose. Since financial entities and ICT third-party service providers can be established in different Member States and supervised by different competent authorities, the application of this Regulation should be facilitated by, on the one hand, close cooperation among relevant competent authorities, including the ECB with regard to specific tasks conferred on it by Council Regulation (EU) No 1024/2013, and, on the other hand, by consultation with the ESAs through the mutual exchange of information and the provision of assistance in the context of relevant supervisory activities.
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
electronic money institution
Definition
securitisation repository
Definition
manager of alternative investment funds
Definition
credit rating agency
Definition
central counterparty
Definition
insurance intermediary
Definition
management company
Definition
ICT third-party service provider
Definition
crypto-asset service provider
Definition
payment institution
Definition
trading venue
Definition
trade repository
Definition
reinsurance intermediary
Definition
critical ICT third-party service provider
Definition
institution exempted pursuant to Directive 2013/36/EU
Definition
investment firm
Definition
administrator of critical benchmarks
Definition
institution for occupational retirement provision
Definition
payment institution exempted pursuant to Directive (EU) 2015/2366
Definition
account information service provider
Definition
credit institution
Definition
ancillary insurance intermediary
Definition
reinsurance undertaking
Definition
ICT services
Definition
crowdfunding service provider
Definition
data reporting service provider
Definition
central securities depository
Definition
issuer of asset-referenced tokens
Footnote 38