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Status of the Guidelines
These Guidelines are issued pursuant to Article 16 of Regulation (EU) No 1093/2010 establishing a European Supervisory Authority (European Banking Authority); Regulation (EU) No 1094/2010 establishing a European Supervisory Authority (European Insurance and Occupational Pensions Authority); and Regulation (EU) No 1095/2010 establishing a European Supervisory Authority (European Securities and Markets Authority) (the ESAs’ Regulations)1.
The European Supervisory Authorities (ESAs) issue these Guidelines on the basis of Article 32(7) of Regulation (EU) 2022/2554 (“DORA”)2, according to which the ESAs shall issue guidelines on the cooperation between the ESAs and the competent authorities covering:
• the detailed procedures and conditions for the allocation and execution of tasks between competent authorities and the ESAs; and
• the details on the exchanges of information which are necessary for competent authorities to ensure the follow–up of recommendations addressed to ICT third party service providers to financial entities designated as critical.
Reporting requirements
In accordance with Article 16(3) of the ESAs’ Regulations, competent authorities shall make every effort to comply with the Guidelines. Competent authorities must notify the respective ESA whether they comply or intend to comply with these Guidelines, or otherwise with reasons for non-compliance, within two months after the issuance of the translated versions of the Guidelines. In the absence of any notification by this deadline, competent authorities will be considered by the respective ESA to be non-compliant. Notifications should be sent to compliance@eba.europa.eu, CoE@eiopa.europa.eu and DORA@esma.europa.eu with the reference ‘JC/GL/2024/36’. Notifications should be submitted by persons with appropriate authority to report compliance on behalf of their competent authorities. Notifications will be published on the ESAs’ websites, in line with Article 16(3).