Article 9 Preparation phase

A financial entity identified pursuant to Article 26, paragraph 8, third subparagraph of Regulation (EU) 2022/2554 shall initiate a TLPT following a notification from the TLPT authoritymeans any of the following:the single public authority in the financial sector designated in accordance with Article 26(9) of Regulation (EU) 2022/2554;the authority in the financial sector to which the exercise of some or all of the tasks in relation to TLPT is delegated in accordance with Article 26(10) of Regulation (EU) 2022/2554;any of the competent authorities referred to in Article 46 of Regulation (EU) 2022/2554; that a TLPT is to be carried out.

1. a project charter including a high-level project plan, containing the information set out in Annex I;

2. the contact details of the control team leadmeans the staff member of the financial entity responsible for the conduct of all TLPT-related activities for the financial entity in the context of a given test;;

3. information on the intended use of internal or external testers or both, where relevant as detailed in Article 15;

4. information on the communication channels to be used during the TLPT;

5. the code name for the TLPT.

Where the information referred to in paragraph 2, points (a) to (e), is complete and ensures the suitability and effective performance of the TLPT, the TLPT authoritymeans any of the following:the single public authority in the financial sector designated in accordance with Article 26(9) of Regulation (EU) 2022/2554;the authority in the financial sector to which the exercise of some or all of the tasks in relation to TLPT is delegated in accordance with Article 26(10) of Regulation (EU) 2022/2554;any of the competent authorities referred to in Article 46 of Regulation (EU) 2022/2554; shall validate the TLPT initiation information of the financial entity and notify the financial entity thereof.

1. specifying communications channels and processes within the control teammeans the team composed of staff of the tested financial entity and, where relevant in consideration of the scope of the TLPT, staff of its third-party service providers and any other party, who manages the test;, with the testers and the threat intelligencemeans information that has been aggregated, transformed, analysed, interpreted or enriched to provide the necessary context for decision-making and to enable relevant and sufficient understanding in order to mitigate the impact of an ICT-related incident or of a cyber threat, including the technical details of a cyber-attack, those responsible for the attack and their modus operandi and motivations; providers in all matters related to the TLPT;

2. informing the management bodymeans a management body as defined in Article 4(1), point (36), of Directive 2014/65/EU, Article 3(1), point (7), of Directive 2013/36/EU, Article 2(1), point (s), of Directive 2009/65/EC of the European Parliament and of the Council(^31^), Article 2(1), point (45), of Regulation (EU) No 909/2014, Article 3(1), point (20), of Regulation (EU) 2016/1011, and in the relevant provision of the Regulation on markets in crypto-assets, or the equivalent persons who effectively run the entity or have key functions in accordance with relevant Union or national law;Directive 2009/65/EC of the European Parliament and of the Council of 13 July 2009 on the coordination of laws, regulations and administrative provisions relating to undertakings for collective investment in transferable securities (UCITS) (OJ L 302, 17.11.2009, p. 32). of the financial entity about the progress of the TLPT and the associated risks;

3. taking decisions based on subject matter expertise throughout the TLPT;

4. executing the TLPT in compliance with this Regulation;

5. selecting the threat intelligencemeans information that has been aggregated, transformed, analysed, interpreted or enriched to provide the necessary context for decision-making and to enable relevant and sufficient understanding in order to mitigate the impact of an ICT-related incident or of a cyber threat, including the technical details of a cyber-attack, those responsible for the attack and their modus operandi and motivations; provider for the TLPT;

6. selecting the external testers, the internal testers or both;

7. preparing the scope specification document.

Where the TLPT authoritymeans any of the following:the single public authority in the financial sector designated in accordance with Article 26(9) of Regulation (EU) 2022/2554;the authority in the financial sector to which the exercise of some or all of the tasks in relation to TLPT is delegated in accordance with Article 26(10) of Regulation (EU) 2022/2554;any of the competent authorities referred to in Article 46 of Regulation (EU) 2022/2554; considers that the initial composition of the control teammeans the team composed of staff of the tested financial entity and, where relevant in consideration of the scope of the TLPT, staff of its third-party service providers and any other party, who manages the test; and any subsequent changes to it are adequate for the performance of the tasks referred to in paragraph 4, the TLPT authoritymeans any of the following:the single public authority in the financial sector designated in accordance with Article 26(9) of Regulation (EU) 2022/2554;the authority in the financial sector to which the exercise of some or all of the tasks in relation to TLPT is delegated in accordance with Article 26(10) of Regulation (EU) 2022/2554;any of the competent authorities referred to in Article 46 of Regulation (EU) 2022/2554; shall validate the control teammeans the team composed of staff of the tested financial entity and, where relevant in consideration of the scope of the TLPT, staff of its third-party service providers and any other party, who manages the test; and notify the control team leadmeans the staff member of the financial entity responsible for the conduct of all TLPT-related activities for the financial entity in the context of a given test; thereof.

The financial entity shall submit a scope specification document containing all information set out in Annex II to the test managersmeans staff designated to lead the activities of the TLPT authority for a specific TLPT to monitor compliance with this Regulation; within 6 months from the receipt of the notification from the TLPT authoritymeans any of the following:the single public authority in the financial sector designated in accordance with Article 26(9) of Regulation (EU) 2022/2554;the authority in the financial sector to which the exercise of some or all of the tasks in relation to TLPT is delegated in accordance with Article 26(10) of Regulation (EU) 2022/2554;any of the competent authorities referred to in Article 46 of Regulation (EU) 2022/2554; referred to in paragraph 1. The management bodymeans a management body as defined in Article 4(1), point (36), of Directive 2014/65/EU, Article 3(1), point (7), of Directive 2013/36/EU, Article 2(1), point (s), of Directive 2009/65/EC of the European Parliament and of the Council(^31^), Article 2(1), point (45), of Regulation (EU) No 909/2014, Article 3(1), point (20), of Regulation (EU) 2016/1011, and in the relevant provision of the Regulation on markets in crypto-assets, or the equivalent persons who effectively run the entity or have key functions in accordance with relevant Union or national law;Directive 2009/65/EC of the European Parliament and of the Council of 13 July 2009 on the coordination of laws, regulations and administrative provisions relating to undertakings for collective investment in transferable securities (UCITS) (OJ L 302, 17.11.2009, p. 32). of the financial entity shall approve the scope specification document.

1. the criticality or importance of the function and its possible impact on the financial sector and on financial stability at Union and national level;

2. the importance of the function for the day-to-day business operations of the financial entity;

3. the exchangeability of the function;

4. the interconnectedness with other functions;

5. the geographical location of the function;

6. the sectoral dependence of other entities on the function;

7. where available, threat intelligencemeans information that has been aggregated, transformed, analysed, interpreted or enriched to provide the necessary context for decision-making and to enable relevant and sufficient understanding in order to mitigate the impact of an ICT-related incident or of a cyber threat, including the technical details of a cyber-attack, those responsible for the attack and their modus operandi and motivations; concerning the function.

The control teammeans the team composed of staff of the tested financial entity and, where relevant in consideration of the scope of the TLPT, staff of its third-party service providers and any other party, who manages the test; shall share the TLPT initiation information and the scope specification document with the testers and threat intelligencemeans information that has been aggregated, transformed, analysed, interpreted or enriched to provide the necessary context for decision-making and to enable relevant and sufficient understanding in order to mitigate the impact of an ICT-related incident or of a cyber threat, including the technical details of a cyber-attack, those responsible for the attack and their modus operandi and motivations; providers once those are contracted. The control teammeans the team composed of staff of the tested financial entity and, where relevant in consideration of the scope of the TLPT, staff of its third-party service providers and any other party, who manages the test; shall inform the testers and threat intelligencemeans information that has been aggregated, transformed, analysed, interpreted or enriched to provide the necessary context for decision-making and to enable relevant and sufficient understanding in order to mitigate the impact of an ICT-related incident or of a cyber threat, including the technical details of a cyber-attack, those responsible for the attack and their modus operandi and motivations; providers about the testing process to be followed.

The financial entity shall ensure that the procurement or assignment of testers and threat intelligencemeans information that has been aggregated, transformed, analysed, interpreted or enriched to provide the necessary context for decision-making and to enable relevant and sufficient understanding in order to mitigate the impact of an ICT-related incident or of a cyber threat, including the technical details of a cyber-attack, those responsible for the attack and their modus operandi and motivations; providers is completed prior to the initiation of the testing phase.

Prior to the initiation of the testing phase, the control teammeans the team composed of staff of the tested financial entity and, where relevant in consideration of the scope of the TLPT, staff of its third-party service providers and any other party, who manages the test; shall consult the test managersmeans staff designated to lead the activities of the TLPT authority for a specific TLPT to monitor compliance with this Regulation; on the TLPT risk assessment and on the risk management measures. The control teammeans the team composed of staff of the tested financial entity and, where relevant in consideration of the scope of the TLPT, staff of its third-party service providers and any other party, who manages the test; shall review the risk assessment or the risk management measures where the TLPT authoritymeans any of the following:the single public authority in the financial sector designated in accordance with Article 26(9) of Regulation (EU) 2022/2554;the authority in the financial sector to which the exercise of some or all of the tasks in relation to TLPT is delegated in accordance with Article 26(10) of Regulation (EU) 2022/2554;any of the competent authorities referred to in Article 46 of Regulation (EU) 2022/2554; is of the opinion that they do not adequately address the risks of the TLPT.

The control teammeans the team composed of staff of the tested financial entity and, where relevant in consideration of the scope of the TLPT, staff of its third-party service providers and any other party, who manages the test; shall assess the compliance of threat intelligencemeans information that has been aggregated, transformed, analysed, interpreted or enriched to provide the necessary context for decision-making and to enable relevant and sufficient understanding in order to mitigate the impact of an ICT-related incident or of a cyber threat, including the technical details of a cyber-attack, those responsible for the attack and their modus operandi and motivations; providers and testers they consider involving in the TLPT with the requirements laid down in Article 27 of Regulation (EU) 2022/2554 and with Article 7(1) of this Regulation, and document the outcome of that assessment. The control teammeans the team composed of staff of the tested financial entity and, where relevant in consideration of the scope of the TLPT, staff of its third-party service providers and any other party, who manages the test; shall select threat intelligencemeans information that has been aggregated, transformed, analysed, interpreted or enriched to provide the necessary context for decision-making and to enable relevant and sufficient understanding in order to mitigate the impact of an ICT-related incident or of a cyber threat, including the technical details of a cyber-attack, those responsible for the attack and their modus operandi and motivations; providers in accordance with that assessment and with its risk management practices. Prior to contracting the selected threat intelligencemeans information that has been aggregated, transformed, analysed, interpreted or enriched to provide the necessary context for decision-making and to enable relevant and sufficient understanding in order to mitigate the impact of an ICT-related incident or of a cyber threat, including the technical details of a cyber-attack, those responsible for the attack and their modus operandi and motivations; providers and external testers, the control teammeans the team composed of staff of the tested financial entity and, where relevant in consideration of the scope of the TLPT, staff of its third-party service providers and any other party, who manages the test; shall provide to the test managersmeans staff designated to lead the activities of the TLPT authority for a specific TLPT to monitor compliance with this Regulation; evidence of compliance of those threat intelligencemeans information that has been aggregated, transformed, analysed, interpreted or enriched to provide the necessary context for decision-making and to enable relevant and sufficient understanding in order to mitigate the impact of an ICT-related incident or of a cyber threat, including the technical details of a cyber-attack, those responsible for the attack and their modus operandi and motivations; providers and testers with the requirements laid down in Article 27 of Regulation (EU) 2022/2554 and with Article 7(1) of this Regulation. The control teammeans the team composed of staff of the tested financial entity and, where relevant in consideration of the scope of the TLPT, staff of its third-party service providers and any other party, who manages the test; shall not proceed with contracting the selected threat intelligencemeans information that has been aggregated, transformed, analysed, interpreted or enriched to provide the necessary context for decision-making and to enable relevant and sufficient understanding in order to mitigate the impact of an ICT-related incident or of a cyber threat, including the technical details of a cyber-attack, those responsible for the attack and their modus operandi and motivations; providers and external testers where the TLPT authoritymeans any of the following:the single public authority in the financial sector designated in accordance with Article 26(9) of Regulation (EU) 2022/2554;the authority in the financial sector to which the exercise of some or all of the tasks in relation to TLPT is delegated in accordance with Article 26(10) of Regulation (EU) 2022/2554;any of the competent authorities referred to in Article 46 of Regulation (EU) 2022/2554; is of the opinion that the selected threat intelligencemeans information that has been aggregated, transformed, analysed, interpreted or enriched to provide the necessary context for decision-making and to enable relevant and sufficient understanding in order to mitigate the impact of an ICT-related incident or of a cyber threat, including the technical details of a cyber-attack, those responsible for the attack and their modus operandi and motivations; providers and external testers do not comply with the requirements laid down in Article 27 of Regulation (EU) 2022/2554, or with the requirements laid down in Article 7(1) of this Regulation or with additional requirements stemming from national security legislations in accordance with Union law, or where the financial entity does not comply with Article 7(2), first subparagraph, of this Regulation, or where the circumstances referred to in Article 7(2), second subparagraph, of this Regulation are not met.

Where the scope specification document is complete and ensures the performance of an appropriate and effective TLPT, the TLPT authoritymeans any of the following:the single public authority in the financial sector designated in accordance with Article 26(9) of Regulation (EU) 2022/2554;the authority in the financial sector to which the exercise of some or all of the tasks in relation to TLPT is delegated in accordance with Article 26(10) of Regulation (EU) 2022/2554;any of the competent authorities referred to in Article 46 of Regulation (EU) 2022/2554; shall approve that document and inform the control team leadmeans the staff member of the financial entity responsible for the conduct of all TLPT-related activities for the financial entity in the context of a given test; thereof.