The European Supervisory Authorities (EBA, EIOPA and ESMA – the ESAs) launched today a public consultation on the draft Regulatory Technical Standards (RTS) on the conduct of oversight activities in relation to the joint examination teams under the Digital Operational Resilience Act (DORA).
The primary goal of the draft RTS is to lay out the criteria for determining the composition of the joint examination teams – ensuring a balanced participation of staff members from the ESAs and from the relevant competent authorities – as well as the designation of the members, their tasks, and working arrangements.
These draft RTS aim at ensuring maximum efficiency and effectiveness regarding the functioning of the joint examination teams, given their central role in the daily oversight of critical ICT third-party service providers (CTPPs). The proposed technical standards take into account the high technical complexity of the oversight activities and the scarce availability of the expertise needed to perform them.
Consultation process
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.
The Digital Operational Resilience Act (DORA) and the related RTS will apply from 17 January 2025.
Legal basis, background and next steps
These draft technical standards have been developed in accordance with Article 41(1) point (c) of DORA (Regulation (EU) 2022/2554). The ESAs expect to submit these draft technical standards to the European Commission by 17 July 2024.
These draft RTS complement those on which the ESAs consulted on 8 December 2023 (the consultation ended on 4 March 2024) aimed at harmonising the conditions enabling the conduct of oversight activities, in accordance with points (a), (b), and (d) of Article 41 of DORA.