In this act Article 5 of 7
Article 5 — Time limits for the initial notification, and for the intermediate and final reports
Financial servicesLevel 2RTSDORAIn forceOfficial source
1.Financial entities shall submit the initial notification and the intermediate and final reports as referred to in Article 19(4), points (a), (b) and (c), of Regulation (EU) 2022/2554 within the following time limits:
2.Where the financial entity has not classified an ICT-related incident as major within 24 hours from the moment the financial entity has become aware of the ITC-related incident but classifies that ICT-related incident as major at a later stage, the financial entity shall submit the initial notification within four hours from the classification of the ICT-related incident as a major incident.
3.Financial entities that are unable to submit the initial notification, intermediate report, or final report within the time limits set out in paragraph 1, shall inform the competent authority thereof without undue delay, but no later than the respective time limits for the submission of the notification or report, and shall explain the reasons for the delay.
4.Where the time limit for the submission of an initial notification, intermediate report, or a final report falls on a weekend day or a bank holiday in the Member State of the reporting financial entity, the financial entity may submit the initial notification, intermediate or final reports by noon of the next working day.
5.Paragraph 4 shall not apply for the submission of an initial notification or an intermediate report by credit institutions, central counterparties, operators of trading venues, and other financial entities identified as essential or important entities pursuant to Article 3 of Directive (EU) 2022/2555.
6.Competent authorities may decide that paragraph 4 shall not apply for the submission of an initial notification or an intermediate report by financial entities, other than those referred to in paragraph 5, which are significant or have a systemic character for the financial sector at national or Union level. Competent authorities shall notify their decision to the identified financial entities. The decision of the competent authority shall only apply in respect of incidents reported after the date of notification of the decision by the competent authority to the identified financial entities.