On 16 November 2023, the European Commission published a consultation on a draft delegated act under Regulation (EU) 2022/2554 on digital operational resilience for the financial sector (DORA). The draft delegated act concerns the amount of the oversight fees to be charged to critical ICT third-party service providers (CTPPs) and the way in which those fees are to be paid.
DORA entrusts the European Supervisory Authorities (ESAs) with exclusive competence to designate CTPPs. DORA also gives the ESAs, as Lead Overseers, a set of tasks and powers to oversee the activity of CTPPs. To ensure that the ESAs have the necessary resources to carry out their tasks, DORA empowers them to charge fees to each designated CTPP. DORA also empowers the Commission to adopt a delegated act to determine the amount of the fees and the way in which they are to be paid.
Therefore, the draft delegated act specifies the:
- Estimated expenditure for the fees.
- Applicable turnover that is to be used to calculate the fees to be charged to the CTPPs.
- Calculation method to be used by the ESAs for the calculation of the annual fees to be charged to CTPPs and establishes specific fees’ thresholds.
- Oversight fees in relation to the first year of designation and the fee for the ‘opt-in’ requests.
- Arrangements for paying the fees.
The deadline for comments on the consultation is 14 December 2023.