Article 2 Applicable turnover of critical ICT third-party service providers for the calculation of the oversight fees


    1. For the purposes of Article 3, the turnover of a critical ICT third-party service provider means an ICT third-party service provider designated as critical in accordance with Article 31; shall be its revenues generated in the Union from the provision of the ICT services means digital and data services provided through ICT systems to one or more internal or external users on an ongoing basis, including hardware as a service and hardware services which includes the provision of technical support via software or firmware updates by the hardware provider, excluding traditional analogue telephone services; listed in the implementing technical standards means a standard as defined in Article 2, point (1), of Regulation (EU) No 1025/2012 of the European Parliament and of the Council (^29^); Regulation (EU) No 1025/2012 of the European Parliament and of the Council of 25 October 2012 on European standardisation, amending Council Directives 89/686/EEC and 93/15/EEC and Directives 94/9/EC, 94/25/EC, 95/16/EC, 97/23/EC, 98/34/EC, 2004/22/EC, 2007/23/EC, 2009/23/EC and 2009/105/EC of the European Parliament and of the Council and repealing Council decision 87/95/EEC and Decision No 1673/2006/EC of the European Parliament and of the Council (OJ L 316, 14.11.2012, p. 12). adopted pursuant to Article 28(9) of Regulation (EU) 2022/2554 and provided to the financial entitiesas defined in Article 2, points (a) to (t) listed in Article 2(1) of Regulation (EU) 2022/2554.

    1. Critical ICT third-party service providers means an ICT third-party service provider designated as critical in accordance with Article 31; shall provide the Lead Overseer means the European Supervisory Authority appointed in accordance with Article 31(1), point (b) of this Regulation; on an annual basis in year n-1 with audited figures specifying the turnover referred to in paragraph 1 for year n-2. Critical ICT third-party service providers means an ICT third-party service provider designated as critical in accordance with Article 31; shall provide those figures to the Lead Overseer means the European Supervisory Authority appointed in accordance with Article 31(1), point (b) of this Regulation; by 31 December each year.

    1. Where the critical ICT third-party service provider means an ICT third-party service provider designated as critical in accordance with Article 31; does not provide the Lead Overseer means the European Supervisory Authority appointed in accordance with Article 31(1), point (b) of this Regulation; with audited figures by the date referred to in paragraph 2 that are limited to or entirely include revenues generated from the provision of services to financial entitiesas defined in Article 2, points (a) to (t) listed in Article 2(1) of Regulation (EU) 2022/2554, the Lead Overseer means the European Supervisory Authority appointed in accordance with Article 31(1), point (b) of this Regulation; shall consider the turnover generated in the Union from the provision of the ICT services means digital and data services provided through ICT systems to one or more internal or external users on an ongoing basis, including hardware as a service and hardware services which includes the provision of technical support via software or firmware updates by the hardware provider, excluding traditional analogue telephone services; listed in the implementing technical standards means a standard as defined in Article 2, point (1), of Regulation (EU) No 1025/2012 of the European Parliament and of the Council (^29^); Regulation (EU) No 1025/2012 of the European Parliament and of the Council of 25 October 2012 on European standardisation, amending Council Directives 89/686/EEC and 93/15/EEC and Directives 94/9/EC, 94/25/EC, 95/16/EC, 97/23/EC, 98/34/EC, 2004/22/EC, 2007/23/EC, 2009/23/EC and 2009/105/EC of the European Parliament and of the Council and repealing Council decision 87/95/EEC and Decision No 1673/2006/EC of the European Parliament and of the Council (OJ L 316, 14.11.2012, p. 12). adopted pursuant to Article 28(9) of Regulation (EU) 2022/2554 irrespective of the type of clients of the critical ICT third-party service provider means an ICT third-party service provider designated as critical in accordance with Article 31;.

    2. Where the critical ICT third-party service provider means an ICT third-party service provider designated as critical in accordance with Article 31; does not provide the Lead Overseer means the European Supervisory Authority appointed in accordance with Article 31(1), point (b) of this Regulation; with audited figures by the date referred to in paragraph 2 that are limited to or entirely include revenues generated in the Union from the provision of ICT services means digital and data services provided through ICT systems to one or more internal or external users on an ongoing basis, including hardware as a service and hardware services which includes the provision of technical support via software or firmware updates by the hardware provider, excluding traditional analogue telephone services; referred to in the implementing technical standards means a standard as defined in Article 2, point (1), of Regulation (EU) No 1025/2012 of the European Parliament and of the Council (^29^); Regulation (EU) No 1025/2012 of the European Parliament and of the Council of 25 October 2012 on European standardisation, amending Council Directives 89/686/EEC and 93/15/EEC and Directives 94/9/EC, 94/25/EC, 95/16/EC, 97/23/EC, 98/34/EC, 2004/22/EC, 2007/23/EC, 2009/23/EC and 2009/105/EC of the European Parliament and of the Council and repealing Council decision 87/95/EEC and Decision No 1673/2006/EC of the European Parliament and of the Council (OJ L 316, 14.11.2012, p. 12). adopted pursuant to Article 28(9) of Regulation (EU) 2022/2554, the Lead Overseer means the European Supervisory Authority appointed in accordance with Article 31(1), point (b) of this Regulation; shall consider the worldwide turnover generated from the provision of those ICT services means digital and data services provided through ICT systems to one or more internal or external users on an ongoing basis, including hardware as a service and hardware services which includes the provision of technical support via software or firmware updates by the hardware provider, excluding traditional analogue telephone services;.

    3. Where the critical ICT third-party service provider means an ICT third-party service provider designated as critical in accordance with Article 31; does not provide the Lead Overseer means the European Supervisory Authority appointed in accordance with Article 31(1), point (b) of this Regulation; with audited figures by the date referred to in paragraph 2 that are limited to or entirely include revenues generated from the provision of ICT services means digital and data services provided through ICT systems to one or more internal or external users on an ongoing basis, including hardware as a service and hardware services which includes the provision of technical support via software or firmware updates by the hardware provider, excluding traditional analogue telephone services; to financial entitiesas defined in Article 2, points (a) to (t) listed in Article 2(1) of Regulation (EU) 2022/2554, and it does not provide the Lead Overseer means the European Supervisory Authority appointed in accordance with Article 31(1), point (b) of this Regulation; with audited figures by the date referred to in paragraph 2 that are limited to revenues generated in the Union, the Lead Overseer means the European Supervisory Authority appointed in accordance with Article 31(1), point (b) of this Regulation; shall consider the worldwide turnover irrespective of the type of clients of the critical ICT third-party service provider means an ICT third-party service provider designated as critical in accordance with Article 31;.

    1. Where critical ICT third-party service providers means an ICT third-party service provider designated as critical in accordance with Article 31; report the revenues in a currency other than the euro, the Lead Overseer means the European Supervisory Authority appointed in accordance with Article 31(1), point (b) of this Regulation; shall convert those revenues into euro using the average euro foreign exchange rate applicable to the period during which the revenues were recorded, as published by the European Central Bank.

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