Oversight Fees – RTS (EU) 2024/1505

Abstract

Regulatory Technical Standards under DORA setting the annual oversight fee framework for critical ICT third-party service providers (CTPPs), including cost-recovery principles, turnover-based allocation, minimum fees, fixed fees in the first designation year, opt-in designation fees, and payment and communication rules with the Lead Overseer.

Key Takeaways

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  Establishes an annual oversight fee to fully recover the Lead Overseer’s and other ESAs’ necessary expenditure for oversight tasks under DORA, including delegated-task costs incurred by competent authorities.
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  Calculates annual fees based on estimated direct and indirect oversight costs, adjusted annually, and allocated proportionately using an applicable-turnover coefficient reflecting EU revenues from specified ICT services provided to DORA financial entities.
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  Requires CTPPs to submit audited turnover figures annually (by 31 December) and sets fallback rules allowing the Lead Overseer to use broader EU or worldwide revenue bases where tailored audited figures are not provided.
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  Imposes a minimum annual oversight fee of EUR 50,000 and introduces fixed fees for the first year of designation (pro-rated by days designated) and a non-refundable EUR 50,000 opt-in fee for voluntary designation requests.
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  Sets payment mechanics: invoices in euro, debit note payment terms of at least 30 days, generally one instalment with payment by 30 April for entities under oversight on 1 January, or by 31 December for entities designated during the year, with default interest for late payment and electronic-only communications.

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