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 providers means 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 providers means 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 provider means 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 Overseers means 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 providers means 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 provider means 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 provider means 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 provider means an undertaking providing ICT services; under paragraph 1, multiplied by the number of calendar days from the designation of the ICT third-party service provider means 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 provider means 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 ESAEuropean Supervisory Authority shall not reimburse that fixed opt-in fee where the request to be designated as critical is rejected or withdrawn by the ICT third-party service provider means an undertaking providing ICT services;.