Subject matter and scope
1. This Regulation lays down:
(a)
the arrangements for calculating the total amount of the annual supervisory fees to be levied in respect of supervised entities and supervised groups;
(b)
the methodology and criteria for calculating the annual supervisory fee to be borne by each supervised entity and each supervised group;
(c)
the procedure for the collection by the ECB of the annual supervisory fees.
2. The total amount of the annual supervisory fees shall encompass the annual supervisory fee in respect of each significant supervised entity or group and each less significant supervised entity or group and shall be calculated by the ECB at the highest level of consolidation within the participating Member States.
Definitions
For the purposes of this Regulation, the definitions contained in Regulation (EU) No 1024/2013 and Regulation (EU) No 468/2014 (ECB/2014/17) shall apply, unless otherwise provided for, together with the following definitions:
1.
‘annual supervisory fee’ means the fee payable in respect of each supervised entity and each supervised group as calculated in accordance with the arrangements set out in Article 10(6);
2.
‘annual costs’ means the amount, as determined in accordance with the provisions of Article 5, to be recovered by the ECB via the annual supervisory fees for a specific fee period;
3.
‘fee debtor’ means the fee-paying credit institution or fee-paying branch determined in accordance with Article 4 and to which the fee notice is addressed;
4.
‘fee factors’ means the data related to a supervised entity or a supervised group defined in Article 10(3)(a) which are used to calculate the annual supervisory fee;
5.
‘fee notice’ means a notice specifying the annual supervisory fee payable by and issued to the relevant fee debtor in accordance with this Regulation;
6.
‘fee-paying credit institution’ means a credit institution established in a participating Member State;
7.
‘fee-paying branch’ means a branch established in a participating Member State by a credit institution established in a non-participating Member State;
8.
‘fee period’ means a calendar year;
9.
‘first fee period’ means the period of time between the date on which the ECB assumes the tasks conferred on it under Regulation (EU) No 1024/2013 and the end of the calendar year in which the ECB assumes these tasks;
10.
‘group of fee-paying entities’ means (i) a supervised group and (ii) a number of fee-paying branches that are deemed to be one branch in accordance with Article 3(3);
11.
‘Member State’ means a Member State of the Union;
12.
‘total assets’ means the total value of assets as determined in accordance with Article 51 of Regulation (EU) No 468/2014 (ECB/2014/17). In the case of a group of fee-paying entities, total assets excludes subsidiaries established in non-participating Member States and third countries;
13.
‘total risk exposure’ means, with reference to a group of fee-paying entities and to a fee-paying credit institution that is not part of a group of fee-paying entities, the amount determined at the highest level of consolidation within the participating Member States and calculated by application of Article 92(3) of Regulation (EU) No 575/2013 of the European Parliament and of the Council ( 4 ) .
General obligation to pay the annual supervisory fee
1. The ECB shall levy an annual supervisory fee in respect of each supervised entity and each supervised group for each fee period.
2. The annual supervisory fee for each supervised entity and supervised group will be specified in a fee notice issued to and payable by the fee debtor. The fee debtor will be the addressee of the fee notice and of any notice or communication from the ECB with regard to supervisory fees. The fee debtor will be responsible for paying the annual supervisory fee.
3. Two or more fee-paying branches established by the same credit institution in the same participating Member State are deemed to be one branch. Fee-paying branches of the same credit institution established in different participating Member States are not deemed to be one branch.
4. Fee-paying branches shall be deemed to be separate from subsidiaries of the same credit institution established in the same participating Member State for the purposes of this Regulation.
Fee debtor
1. The fee debtor in respect of the annual supervisory fee is:
(a)
the fee-paying credit institution, in the case of a fee-paying credit institution that is not part of a supervised group;
(b)
the fee-paying branch, in the case of a fee-paying branch that is not combined with another fee-paying branch;
(c)
determined in accordance with the provisions of paragraph 2, in the case of a supervised group of fee-paying entities.
2. Without prejudice to the arrangements within a group of fee-paying entities with respect to the allocation of costs, a group of fee-paying entities shall be treated as one unit. Each group of fee-paying entities shall nominate the fee debtor for the whole group and shall notify the identity of the fee debtor to the ECB. The fee debtor shall be established in a participating Member State. Such notification shall be considered valid only if:
(a)
it states the names of all supervised entities of the group covered by the notification;
(b)
it is signed on behalf of all supervised entities of the group;
(c)
it reaches the ECB by 1 July of each year at the latest, in order to be taken into account for the issuance of the fee notice in respect of the following fee period.
If more than one notification per group of fee-paying entities reaches the ECB in time, the notification received by the ECB closest to but prior to the deadline shall prevail.
3. Without prejudice to paragraph 2, the ECB reserves the right to determine the fee debtor.
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
