On 18 April 2024, the European Supervisory Authorities (ESAs) issued a consultation paper containing a draft regulatory technical standard (RTS) on the harmonisation of conditions enabling the conduct of the oversight activities under Article 41(1) point (c) of Regulation (EU) 2022/2554 on digital operational resilience for the financial sector (DORA). Specifically, the draft RTS is aimed at specifying the criteria for determining the composition of the joint examination team, their designation of tasks, and working arrangements.

A consultation paper covering the RTS under Article 41(1) points (a), (b) and (d) was published on 8 December 2023 and closed for comment on 4 March 2024. These draft RTS cover the:

  • Information to be provided by an ICT third–party service provider in the application for a voluntary request to be designated as critical under Article 31(11).
  • Content, structure and format of the information to be submitted, disclosed or reported by the ICT third–party service providers to the Lead Overseer pursuant to Article 35(1), including the template for providing information on subcontracting arrangements.
  • Details of Member State competent authorities’ assessment of the measures taken by critical third-party providers based on the recommendations of the Lead Overseer.

The ESAs decided to divide the mandate of Article 41(1) given that the empowerments in points (a), (b) and (d) have a clear impact on the market whilst the empowerment in point (c) only impacts the supervisory community. As such the consultation on point (c) warrants a shorter consultation period.

The deadline for comments on the consultation paper is 18 May 2024.

DORA and the related RTS will apply from 17 January 2025.