Consultation on the draft Regulatory Technical Standards on the conduct of oversight activities in relation to the joint examination teams under DORA

Regulation (EU) 2022/25541 (“DORA”) introduces a pan-European oversight framework of ICT third-party service providers designated as critical (CTPPs). As part of this oversight framework, the ESAs and competent authorities (CAs) have received new roles and responsibilities. 

In this context, the ESAs have been mandated under Article 41(1) to develop draft regulatory technical standards (RTS) to harmonise the conditions enabling the conduct of oversight activities.

According to the mandate, the draft RTS shall specify:

a) the information to be provided by an ICT third–party service provider in the application for a voluntary request to be designated as critical;

b) the information to be submitted by the ICT third–party service providers that is necessary for the LO to carry out its duties;

c) the criteria for determining the composition of the joint examination team, their designation, tasks, and working arrangements;

d) the details of the competent authorities’ assessment of the measures taken by CTPPs based on the recommendations of the LO.

This consultation paper and the included draft RTS cover the draft technical standards aimed at specifying the criteria for determining the composition of the joint examination team ensuring a balanced participation of staff members from the ESAs and from the relevant competent authorities, their designation, tasks, and working arrangements (point (c) above).

An earlier consultation paper covering points (a), (b) and (d) was published on 8 December 2023 and publicly consulted by the ESAs up to 4 March 2024.

The ESAs invite stakeholders to submit their comments on the draft RTS by 18 May 2024 using the links available on the consultation page.

All contributions received will be published following the end of the consultation, unless requested otherwise.