Article 43

Oversight fees

TL;DR This article outlines the details around the fees that must be charged to critical ICT third-party service providers by the Lead Overseer. It also specifies that the fee will cover all costs of executing the duties and should be proportionate to the provider's turnover. Finally, it empowers the European Commission to adopt a delegated act by 17 July 2024 to supplement this Regulation with further details on the fees and payment method.
  1. The Lead Overseerthe European Supervisory Authority appointed in accordance with Article 31(1), point (b) of this Regulation shall, in accordance with the delegated act referred to in paragraph 2 of this Article, charge critical ICT third-party service providersan ICT third-party service provider designated as critical in accordance with Article 31 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 provideran ICT third-party service provider designated as critical in accordance with Article 31 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.