Article 2
Establishment of the joint examination team
1. After the first designation of an ICT third-party service provider as critical in accordance with Article 31(1), point (a), of Regulation (EU) 2022/2554, the Lead Overseer, in agreement with the Joint Oversight Network referred to in Article 34(1) of Regulation (EU) 2022/2554, shall establish the joint examination team responsible to carry out the oversight activities over that critical ICT third-party service provider.
2. Where material changes regarding the situation of the critical ICT third-party service provider occur the Lead Overseer may update, in agreement with the Joint Oversight Network, the composition of the joint examination team responsible to carry out the oversight activities over that critical ICT third-party service provider.
For that purpose, material changes regarding the critical ICT third-party service provider shall relate to any of the following:
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(a) |
the services provided by critical ICT third-party service provider; |
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(b) |
the activities performed by financial entities that are supported by ICT services of the critical ICT third-party service provider; |
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(c) |
the list of critical ICT third-party service providers at Union level referred to in Article 31(9) of Regulation (EU) 2022/2554. |
3. The authorities referred to in Article 40(2) of Regulation (EU) 2022/2554 shall nominate one or more individuals from their staff to be appointed as members of the joint examination team. An individual may be nominated and appointed as member of one or more joint examination teams.
4. The Lead Overseer shall appoint the individuals nominated as members of the joint examination team either on a full-time or on a part-time basis, depending on their availability, the specific needs of the Lead Overseer, and the agreement between the nominating authority and the Lead Overseer.
5. When nominating the members of the joint examination teams, the authorities referred to in Article 40(2) of Regulation (EU) 2022/2554 shall assess their technical expertise, qualifications and skills in ICT and relevant areas, including communication and collaboration skills, as well as audit and supervision skills.
6. The Lead Overseer may require the nominating authorities to modify their nominations only in justified circumstances and when the profiles of the nominated individuals do not match the profile of the resources needed.
7. The Lead Overseer and the authorities shall take all appropriate and possible measures to ensure that the joint examination team is staffed adequately in accordance with the annual individual oversight plan.