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.
  2. 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.

    Financial entities shall assess the existence of recurring incidents on a monthly basis.

    This paragraph does not apply to microenterprises and to financial entities listed in Article 16(1) of Regulation (EU) 2022/2554.