ESAs consultation on RTS on joint examination teams under DORA

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Details 

The European Supervisory Authorities (EBA, EIOPA and ESMA – the ESAs) have launched a public consultation on the draft Regulatory Technical Standards (RTS) to harmonise the conditions enabling the conduct of oversight activities in relation to the joint examination teams under the Digital Operational Resilience Act (DORA).  

This consultation paper and the included draft RTS cover the areas included in point (c) of Article 41(1) of Regulation 2022/2554 specifying the criteria for determining the composition of the joint examination team ensuring a balanced participation of staff members from ESAs and from relevant competent authorities, their designation, tasks, and working arrangements.   

Consultation 

Market participants are invited to provide their feedback to the draft technical standards by responding to the questions presented in the consultation paper. 

Comments are most helpful if they: 

  1. respond to the questions stated; indicate the specific point to which a comment relates; 

  2. contain a clear rationale; 

  3. provide evidence (including relevant data, where applicable) to support the views expressed; 

  4. reflect a cross-sectoral (banking, insurance, markets and securities) approach, to the extent possible; 

  5. and describe any alternative approaches the ESAs could consider. 

 
All contributions should be submitted via consultation page by 18 May 2024. 

The feedback received will be considered in the finalisation of the draft technical standards, which are due to be submitted to the European Commission by 17 July 2024. 

Publication of responses 

All contributions received will be published following the end of the consultation, unless requested otherwise. 

A confidential response may be requested from the ESAs in accordance with the ESAs’ rules on public access to documents. We may consult you if we receive such a request. 
 
Any decision we make not to disclose the response is reviewable by the ESAs’ Boards of Appeal and the European Ombudsman. 

Data protection 

The protection of individuals with regard to the processing of personal data by the ESAs is based on Regulation (EU) 1725/2018 of the European Parliament and of the Council of 23 October 2018. Further information on data protection can be found under the Legal notice section of the ESA websites.