Payment of the financial contribution
After having examined the interim financial report referred to in Article 4 of this Regulation, the Commission shall send a debit note in accordance with Article 98(4) of Regulation (EU, Euratom) 2018/1046 biannually to call the financial contribution due. The central securities depositories shall pay the financial contribution at the latest within 5 working days from the date of the call for the financial contribution.
The amounts called biannually shall:
(a)
be increased or decreased, where appropriate, by the amount resulting from the reconciliation of the financial contribution paid in the previous year with the definitive amount due on the basis of the audited financial statements for that year, referred to in Article 5 of this Regulation; and
(b)
include the amount provisionally retained that is not needed any more to meet risk management requirements and was reported by the central securities depositories pursuant to point (d)(ii) of Article 5(3) of this Regulation.
Reconciliation of the financial contribution paid with definitive amounts due
1. The Commission shall establish the definitive amount of the financial contribution due in respect of a given year on the basis of the statutory audited annual financial statements.
2. If the annual amount of the financial contribution due for a given year, where appropriate reduced by the amounts provisionally retained pursuant to points (a), (b) and (c) of Article 5a(10) of Regulation (EU) No 833/2014 and, where appropriate increased by the amounts to be transferred to the Union pursuant to Article 9, is lower than the sum of the amounts of the biannual payments made in respect of this year pursuant to Article 7 of this Regulation, the difference shall be deducted from the next payment due by the central securities depositories to the Union.
3. The amount due by the central securities depositories resulting from the netting pursuant to the previous sentence shall not be lower than zero.
4. If the annual amount of the financial contribution due for a given year, where appropriate reduced by the amounts provisionally retained pursuant to points (a), (b) and (c) of Article 5a(10) of Regulation (EU) No 833/2014 and, where appropriate increased by the amounts to be transferred to the Union pursuant to Article 9, is higher than the sum of the amounts of the biannual payments made in respect of this year pursuant to Article 7 of this Regulation, the Commission shall add the amount of the difference to the next payment due by the central securities depositories to the Union or send a separate debit note in accordance with Article 98(4) of Regulation (EU, Euratom) 2018/1046 concerning this amount if no further biannual payment is due by the central securities depositories.
Transfer of the amounts provisionally retained
Once informed by the central securities depositories pursuant to the second subparagraph of Article 5a(11) of Regulation (EU) No 833/2014 that amounts provisionally withheld are not needed any more to meet risk management requirements in view of the impact due to the war in Ukraine with regard to the assets held by central securities depositories, the Commission shall add those amounts to the next payment due by the central securities depositories to the Union pursuant to Article 7 or send a separate debit note in accordance with Article 98(4) of Regulation (EU, Euratom) 2018/1046 concerning this amount if no further biannual payment is due by the central securities depositories.
This separate debit note may also include, where appropriate, a reconciliation of the biannual financial contributions paid with the definitive amounts due referred to in Article 8.
