Source: OJ L, 2024/1505, 30.5.2024Current language: EN
- Digital operational resilience in the financial sector
Oversight framework
- Oversight fees
Article 4 Oversight fees in year of designation and opt-in requests
By way of derogation from Article 3, for the first published list of designated critical ICT third-party service providersmeans an ICT third-party service provider designated as critical in accordance with Article 31; as per Article 31(9) of Regulation (EU) 2022/2554, the oversight fees shall be equally split among the designated critical ICT third-party service providersmeans an ICT third-party service provider designated as critical in accordance with Article 31;. The fee to be charged to each critical ICT third-party service providermeans an ICT third-party service provider designated as critical in accordance with Article 31; shall be calculated by dividing the overall estimated expenditure of the Lead Overseersmeans the European Supervisory Authority appointed in accordance with Article 31(1), point (b) of this Regulation; with the number of designated critical ICT third-party service providersmeans an ICT third-party service provider designated as critical in accordance with Article 31;.
By way of derogation from Article 3 and paragraph 1 above, for the first year in which an ICT third-party service providermeans an undertaking providing ICT services; is designated as critical, it shall pay a fixed oversight fee which is equal to the amount paid by each ICT third party service provider under paragraph 1. Where the period of the oversight activities of such critical ICT third-party service providermeans an ICT third-party service provider designated as critical in accordance with Article 31; does not correspond to a full year, that oversight fee shall be equal to the amount paid by each ICT third-party service providermeans an undertaking providing ICT services; under paragraph 1, multiplied by the number of calendar days from the designation of the ICT third-party service providermeans an undertaking providing ICT services; as critical until the end of that year and divided by the total number of days in that year.
Where an ICT third-party service providermeans an undertaking providing ICT services; requests to be designated as critical in accordance with Article 31(11) of Regulation (EU) 2022/2554, it shall pay a fixed opt-in fee of EUR 50 000. The recipient ESA shall not reimburse that fixed opt-in fee where the request to be designated as critical is rejected or withdrawn by the ICT third-party service providermeans an undertaking providing ICT services;.
Relevant recitals
Recital 6 Fixed fee during first year
To cater for the specific costs incurred during the first year of designation and oversight of critical ICT third-party service providersmeans an ICT third-party service provider designated as critical in accordance with Article 31;, related among others to the designation process and the appointment of the Lead Overseermeans the European Supervisory Authority appointed in accordance with Article 31(1), point (b) of this Regulation;, a fixed fee should be established. To reflect the costs incurred for the oversight following the designation of the critical ICT third-party service providermeans an ICT third-party service provider designated as critical in accordance with Article 31;, this fee should be adjusted to the period of time in that first year during which the critical ICT third-party service providermeans an ICT third-party service provider designated as critical in accordance with Article 31; has been designated. It should replace the annual oversight fee for that year.
Recital 7 Additional fixed fee for voluntary designations
To cover the additional costs related to the designation of critical ICT third-party service providersmeans an ICT third-party service provider designated as critical in accordance with Article 31; that voluntary request to be designated as critical in accordance with Article 31(11) of Regulation (EU) 2022/2554, an additional fixed fee should be established. In order to discourage unfounded requests, such additional fixed fee should not be reimbursed if an ICT third-party service providermeans an undertaking providing ICT services; withdraws its request during the registration process, nor if the request is rejected.
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