Article 43Oversight fees
1. The Lead Overseer shall, in accordance with the delegated act referred to in paragraph 2 of this Article, charge critical ICT third-party service providers fees that fully cover the Lead Overseer’s necessary expenditure in relation to the conduct of oversight tasks pursuant to this Regulation, including the reimbursement of any costs which may be incurred as a result of work carried out by the joint examination team referred to in Article 40, as well as the costs of advice provided by the independent experts as referred to in Article 32(4), second subparagraph, in relation to matters falling under the remit of direct oversight activities.
The amount of a fee charged to a critical ICT third-party service provider shall cover all costs derived from the execution of the duties set out in this Section and shall be proportionate to its turnover.
2. The Commission is empowered to adopt a delegated act in accordance with Article 57 to supplement this Regulation by determining the amount of the fees and the way in which they are to be paid by 17 July 2024.
DORA, the European Union regulation on digital operational resilience, Article 43
Oversight fees. The Lead Overseer charges critical providers fees that fully cover its necessary expenditure on oversight, including the costs of the joint examination team and of independent experts’ advice on matters within direct oversight. The fee covers all costs arising from the Section’s duties and is proportionate to the provider’s turnover.
The Regulation left the amount and the payment method to a Commission delegated act under Article 43(2). That act is Commission Delegated Regulation (EU) 2024/1505. Check its current text for amendments; the amounts are set there, not here.
The Regulation does not say how the cost is passed on. The text places the charge on the provider and says nothing of financial entities, so any effect on the price of services is a commercial question for contract negotiation rather than something this article decides.
Text: Regulation (EU) 2022/2554, as published in the Official Journal of the European Union, from EUR-Lex. Only the Official Journal text is authentic.