Amendments to Delegated Regulation (EU) 2020/1732
Article 1
Open ↗Delegated Regulation (EU) 2020/1732 is amended as follows: (1) Article 1 is replaced as follows: ‘Article 1 Recovery of supervisory costs in full The fees charged to securitisation repositories shall cover: (a) all direct and indirect costs relating to the registration and supervision of securitisation repositories by ESMA in accordance with Regulation (EU) 2017/2402, including costs resulting from the extension of registration for trade repositories that have already been registered under Title VI, Chapter 1 of Regulation (EU) No 648/2012 or Chapter III of Regulation (EU) 2015/2365; (b) all costs for the reimbursement of direct and indirect costs of competent authorities that have carried out work pursuant to Regulation (EU) 2017/2402, and as a result of any delegation of tasks pursuant to Article 14(1) of that Regulation.’; (2) Article 2 is amended as follows: (a) the following paragraph 4a is inserted: ‘4a. Securitisation repositories shall provide ESMA on an annual basis with audited accounts as referred to in paragraph 1. The documents shall be submitted to ESMA by electronic means by 30 September each year (n-1).’ ; (b) the following paragraph 5a is added: ‘5a. Where the revenues referred to in this Article are reported in another currency than euro, ESMA shall convert those revenues into euro using the average euro foreign exchange rate applicable to the period during which those revenues were recorded. For that purpose, ESMA shall use the euro foreign exchange reference rate published by the European Central Bank.’ ; (3) in Article 4, paragraphs 2 and 3 are replaced by the following: ‘2. The annual supervisory fee to be paid by a securitisation repository for the year in which that securitisation repository was registered shall be equal to the registration fee due under Article 3, multiplied by the number of calendar days from the securitisation repository’s date of registration until the end of that year and divided by the total number of days in that year. By way of derogation from the first subparagraph, where a securitisation repository is registered during the month of December, that repository shall not be required to pay an annual supervisory fee for the year in which it was registered. 3. The annual supervisory fee for a given year n to be paid by a securitisation repository registered on or after 1 October of the preceding year shall be equal to the registration fee due under Article 3.’ ; (4) in Article 5, paragraph 2 is replaced by the following: ‘2. Any late payments shall incur the default interest laid down in Article 99 of Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council ( *1 ) . ( *1 ) Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on the financial rules applicable to the general budget of the Union, amending Regulations (EU) No 1296/2013, (EU) No 1301/2013, (EU) No 1303/2013, (EU) No 1304/2013, (EU) No 1309/2013, (EU) No 1316/2013, (EU) No 223/2014, (EU) No 283/2014, and Decision No 541/2014/EU and repealing Regulation (EU, Euratom) No 966/2012 ( OJ L 193, 30.7.2018, p. 1 , ELI: http://data.europa.eu/eli/reg/2018/1046/oj ).’;" (5) Article 6 is amended as follows: (a) the title is replaced by the following: ‘ Payment of registration fees ’; (b) paragraph 2 is replaced by the following: ‘2. ESMA shall not refund registration or extension-of-registration fees where an applicant withdraws its application for registration or extension of registration.’ ; (c) paragraphs 3 is deleted; (6) in Article 7, the following subparagraph is added: ‘ESMA shall not refund the annual supervisory fee.’