Source: OJ L, 2024/1505, 30.5.2024Current language: EN
- Digital operational resilience in the financial sector
Oversight framework
- Oversight fees
Article 3 Calculation of the oversight fees
Summary What does Article 3 of the Oversight fees say?
This article sets out the standard formula for calculating the annual oversight fee payable by each critical ICT third-party service provider.
Building directly on the cost estimation framework in Article 1 and the turnover figures defined in Article 2, it establishes a proportional system where each provider's fee is determined by its share of the total turnover across all critical ICT third-party service providers, using data from two years prior.
A minimum fee threshold is also established to ensure a baseline contribution from all designated providers.
Important points:
- Each critical ICT third-party service provider must pay an annual oversight fee calculated by multiplying the overall annual costs from Article 1 by their individual turnover coefficient.
- The turnover coefficient is derived by dividing the provider's applicable turnover by the combined turnover of all critical ICT third-party service providers, both figures taken from year n-2.
- No annual oversight fee can fall below EUR 50,000, regardless of the turnover coefficient calculation.
Springlex's summary of the article, a reading aid, not a substitute for the legal text.
For each critical ICT third-party service, the annual oversight fee for a given year (n) shall be the overall annual costs estimated referred to in Article 1 adjusted by the turnover coefficient referred to in paragraph 2 based on its applicable turnover for the year n-2.
For each critical ICT third-party service provider, the turnover coefficient shall be based on the applicable turnover referred to in Article 2 and shall be calculated as follows:
In no case shall the critical ICT third-party service provider pay an annual oversight fee that is less than EUR 50 000.
Relevant recitals
Recital 5 Minimum annual oversight fee
A minimum annual oversight fee should be imposed on each critical ICT third-party service provider, given that certain fixed administrative costs apply for the oversight of all critical ICT third-party service providers, irrespective of the amount of turnover accrued.
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