Digital Operational Resilience Act Articles (Proposal)

The Articles (Proposal) of the Digital Operational Resilience Act


Digital Operational Resilience Act (DORA), Article 41, Competent authorities.

Without prejudice to the provisions on the Oversight Framework for critical ICT third-party service providers referred to in Section II of Chapter V of this Regulation, compliance with the obligations set out in this Regulation shall be ensured by the following competent authorities in accordance with the powers granted by the respective legal acts:

(a) for credit institutions, the competent authority designated in accordance with Article 4 of Directive 2013/36/EU, without prejudice to the specific tasks conferred on the ECB by Regulation (EU) No 1024/2013;

(b) for payment service providers, the competent authority designated in accordance with Article 22 of Directive (EU) 2015/2366;

(c) for electronic payment institutions, the competent authority designated in accordance with Article 37 of Directive 2009/110/EC;

(d) for investment firms, the competent authority designated in accordance with Article 4 of Directive (EU) 2019/2034;

(e) for crypto-asset service providers, issuers of crypto-assets, issuers of asset-referenced tokens and issuers of significant asset-referenced tokens, the competent authority designated in accordance with the first indent of point (ee) of Article 3 (1) of [Regulation (EU) 20xx MICA Regulation];

(f) for central securities depositories, the competent authority designated in accordance with Article 11 of Regulation (EU) No 909/2014;

(g) for central counterparties, the competent authority designated in accordance with Article 22 of Regulation (EU) No 648/2012;

(h) for trading venues and data reporting service providers, the competent authority designated in accordance with Article 67 of Directive 2014/65/EU;

(i) for trade repositories, the competent authority designated in accordance with Article 55 of Regulation (EU) No 648/2012;

(j) for managers of alternative investment funds, the competent authority designated in accordance with Article 44 of Directive 2011/61/EU;

(k) for management companies, the competent authority designated in accordance with Article 97 of Directive 2009/65/EC;

(l) for insurance and reinsurance undertakings, the competent authority designated in accordance with Article 30 of Directive 2009/138/EC;

(m) for insurance intermediaries, reinsurance intermediaries and ancillary insurance intermediaries, the competent authority designated in accordance with Article 12 of Directive (EU) 2016/97;

(n) for institutions for occupational retirement pensions, the competent authority designated in accordance with Article 47 of Directive 2016/2341;

(o) for credit rating agencies, the competent authority designated in accordance Article 21 of Regulation (EC) No 1060/2009;

(p) for statutory auditors and audit firms, the competent authority designated in accordance Articles 3(2) and 32 of Directive 2006/43/EC;

(q) for administrators of critical benchmarks, the competent authority designated in accordance with Articles 40 and 41 of Regulation xx/202x;

(r) for crowdfunding service providers, the competent authority designated in accordance with Article x of Regulation xx/202x;

(s) for securitisation repositories, the competent authority designated in accordance with Article 10 and 14 (1) of Regulation (EU) 2017/2402.