# Art. 40 — Ongoing oversight

1. When conducting oversight activities, in particular general investigations or inspections, the [Lead Overseer](https://www.mica.wtf/definitions/definitions/dora/lead-overseer) shall be assisted by a joint examination team established for each [critical ICT third-party service provider](https://www.mica.wtf/definitions/definitions/dora/critical-ict-third-party-service-provider).
2. The joint examination team referred to in paragraph 1 shall be composed of staff members from:

   1. the ESAs;
   2. the relevant competent authorities supervising the financial entities to which the [critical ICT third-party service provider](https://www.mica.wtf/definitions/definitions/dora/critical-ict-third-party-service-provider) provides [ICT services](https://www.mica.wtf/definitions/definitions/dora/ict-services);
   3. the national competent authority referred to in [Article 32(4), point (e)](/dora/digital-operational-resilience-act/chapter-v-managing-ict-third-party-risk/article-32-structure-of-oversight-framework.md), on a voluntary basis;
   4. one national competent authority from the Member State where the [critical ICT third-party service provider](https://www.mica.wtf/definitions/definitions/dora/critical-ict-third-party-service-provider) is established, on a voluntary basis.

   Members of the joint examination team shall have expertise in ICT matters and in operational risk. The joint examination team shall work under the coordination of a designated [Lead Overseer](https://www.mica.wtf/definitions/definitions/dora/lead-overseer) staff member (the '[Lead Overseer](https://www.mica.wtf/definitions/definitions/dora/lead-overseer) coordinator').
3. Within 3 months of the completion of an investigation or inspection, the [Lead Overseer](https://www.mica.wtf/definitions/definitions/dora/lead-overseer), after consulting the Oversight Forum, shall adopt recommendations to be addressed to the [critical ICT third-party service provider](https://www.mica.wtf/definitions/definitions/dora/critical-ict-third-party-service-provider) pursuant to the powers referred to in [Article 35](/dora/digital-operational-resilience-act/chapter-v-managing-ict-third-party-risk/article-35-powers-of-the-lead-overseer.md).
4. The recommendations referred to in paragraph 3 shall be immediately communicated to the [critical ICT third-party service provider](https://www.mica.wtf/definitions/definitions/dora/critical-ict-third-party-service-provider) and to the competent authorities of the financial entities to which it provides [ICT services](https://www.mica.wtf/definitions/definitions/dora/ict-services).

   For the purposes of fulfilling the oversight activities, the [Lead Overseer](https://www.mica.wtf/definitions/definitions/dora/lead-overseer) may take into consideration any relevant third-party certifications and ICT third-party internal or external audit reports made available by the [critical ICT third-party service provider](https://www.mica.wtf/definitions/definitions/dora/critical-ict-third-party-service-provider).


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