Article 8 Major incidents


    1. An incident shall be considered a major incident for the purposes of Article 19(1) of Regulation (EU) 2022/2554 where it has affected critical services as referred to in Article 6 and where either of the following conditions is fulfilled:

      1. the materiality threshold referred to in Article 9(5), point (b), is met;

      2. two or more of the other materiality thresholds referred to in Articles 9(1) to (6) are met.

    1. Recurring incidents that individually are not considered a major incident in accordance with paragraph 1 shall be considered as one major incident where they meet all of the following conditions:

      1. they have occurred at least twice within 6 months;

      2. they have the same apparent root cause as referred to in Article 20, first subparagraph, point (b) of Regulation (EU) 2022/2554;

      3. they collectively fulfil the criteria for being considered a major incident set out in paragraph 1.

    2. Financial entitiesas defined in Article 2, points (a) to (t) shall assess the existence of recurring incidents on a monthly basis.

    3. This paragraph does not apply to microenterprises means a financial entity, other than a trading venue, a central counterparty, a trade repository or a central securities depository, which employs fewer than 10 persons and has an annual turnover and/or annual balance sheet total that does not exceed EUR 2 million; and to financial entitiesas defined in Article 2, points (a) to (t) listed in Article 16(1) of Regulation (EU) 2022/2554.

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