The European Supervisory Authorities (ESAs) (EBA, EIOPA, ESMA) published a joint consultation on draft regulatory technical standards (RTS) required under DORA.
Consultation is entitled, Draft regulatory technical standard on the harmonization of conditions enabling the conduct of the oversight activities under article 41(1) point (c) of Regulation (EU) 2022/2254, part of the Digital Operational Resilience Act (DORA).
The proposals concern the conduct of oversight activities in relation to joint examination teams in oversight of critical ICT third-party service providers (CTPPs).
Article 41(1) DORA Reg 2022/2554 mandates ESAs to develop draft RTS to harmonize conditions enabling conduct of oversight activities, notes 4 areas to be covered.
3 of these areas were covered in a joint ESAs consultation published in Dec. 2023.
Remaining area, criteria for determining the composition of the joint examination team, their designation tasks, working arrangements is now being consulted on.
Consultation
Primary goal of draft RTS to lay out criteria for determining composition of the joint examination teams, with balanced participation of ESA staff, competent authorities.
As well as the designation of the members, their tasks and working arrangements.
The draft RTS aim to ensure maximum efficiency and effectiveness re functioning of the joint examination teams given their central role in daily oversight of CTPPs.
Proposed technical standards take into account the high technical complexity of the oversight activities and scarce availability of the expertise needed to perform them.
Effectiveness
The closing date for submission of responses to the consultation is May 18, 2024.
The ESAs expect to submit the draft technical standards to EU CMSN by Jul. 17, 2024.
DORA and the related RTS will apply from Jan. 17, 2025.
Dec. 2024 EC Adoption
On Dec. 16, 2024, EU CMSN adopted RTS (C(2024)8742) on joint examination teams.
Article 1 covers the tasks of the members of the joint examination team.
Article 2 describes the steps of the establishment of a joint examination team.
Article 3 covers criteria to take into account when establishing joint examination team and who can be member; Article 4 lays down the conditions for the renewal of team.
Article 5 sets out working arrangements of members of the joint examination team.
Article 6 false the final provisions on entry into force.
Regulation in force on 20th day following publication in the Official Journal of the EU.
Mar. 2025 Official Journal
On Mar. 24, 2025, EU CMSN issued Reg 2025/420 on joint examination teams in OJ.
Regulation in force on 20th day following publication in the OJ, Apr. 13, 2025.
