Recital 98


In order to further quantify and qualify the criteria for the designation of ICT third-party service providersan undertaking providing ICT services as critical and to harmonise oversight fees, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission to supplement this Regulation by further specifying the systemic impact that a failure or operational outage of an ICT third-party service provideran undertaking providing ICT services could have on the financial entitiesas defined in Article 2, points (a) to (t) it provides ICT servicesdigital and data services provided through ICT systems to one or more internal or external users on an ongoing basis, including hardware as a service and hardware services which includes the provision of technical support via software or firmware updates by the hardware provider, excluding traditional analogue telephone services to, the number of global systemically important institutions (G-SIIs), or other systemically important institutions (O-SIIs), that rely on the ICT third-party service provideran undertaking providing ICT services in question, the number of ICT third-party service providersan undertaking providing ICT services active on a given market, the costs of migrating data and ICT workloads to other ICT third-party service providersan undertaking providing ICT services, as well as the amount of the oversight fees and the way in which they are to be paid. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making (22)OJL 123, 12.5.2016, p. 1.. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council should receive all documents at the same time as Member States’ experts, and their experts should systematically have access to meetings of Commission expert groupsa group as defined in Article 2, point (11), of Directive 2013/34/EU dealing with the preparation of delegated acts.