Amendments to Delegated Regulation (EU) 2022/930
Article 1
Delegated Regulation (EU) 2022/930 is amended as follows: (1) Article 1 is replaced by the following: ‘Article 1 Scope This Delegated Regulation shall apply to “data reporting services providers” (or “DRSPs”), as defined in Article 2(1), point (36a), of Regulation (EU) No 600/2014, that are subject to ESMA supervision.’ ; (2) the following Article 1a is inserted: ‘Article 1a Recovery of supervisory costs in full The fees charged to DRSPs shall cover: (a) all direct and indirect costs relating to the authorisation and supervision of DRSPs by ESMA in accordance with Regulation (EU) No 600/2014; (b) all costs for the reimbursement of competent authorities that have carried out work pursuant to Regulation (EU) No 600/2014, in particular as a result of any delegation of tasks in accordance with Article 38o of that Regulation.’ ; (3) Articles 2 and 3 are replaced by the following: ‘Article 2 Application and authorisation fees Where a DRSP applies for authorisation to provide data reporting services it shall pay: (a) for APAs and ARMs an application fee of EUR 20 000 for the first application and EUR 10 000 for each following application for authorisation of additional data reporting services; (b) for APAs and ARMs an authorisation fee of EUR 80 000 for the first authorisation and EUR 40 000 for each following authorisation of additional data reporting services; (c) for CTPs an authorisation fee of EUR 100 000 for the first authorisation and EUR 50 000 for each following authorisation of additional data reporting services. Article 3 Annual supervisory fees for APAs and ARMs 1. APAs and ARMs which are subject to ESMA supervision shall be charged an annual supervisory fee. 2. The total annual supervisory fee and the annual supervisory fee for a given APA or ARM shall be calculated as follows: (a) the total annual supervisory fee for a given year ( n ) shall be the estimate of expenditure relating to the supervision of APAs’ and ARMs’ activities under Regulation (EU) No 600/2014 as included in ESMA’s budget for that year; (b) an APA or ARM annual supervisory fee for a given year ( n ) shall be the total annual supervisory fee determined pursuant to point (a) divided between all APAs and ARMs authorised in year ( n ), in proportion to their applicable turnover calculated pursuant to Article 4. 3. In no case shall an APA or ARM authorised by ESMA pay an annual supervisory fee of less than EUR 30 000. An APA or ARM that is subject to minimum supervisory fees for more than one data reporting service shall pay the minimum supervisory fee for each service provided. 4. By way of derogation from paragraphs 2 and 3, and without prejudice to Article 2, the first-year fee for APAs and ARMs shall be equal to the amount of the authorisation fee referred to in Article 2(1), point (b), multiplied by a factor that is equal to the days between authorisation and the end of the year divided by the total number of days in that year. The first-year annual supervisory fee shall therefore be calculated as follows: DRSP first-year fee = Authorisation fee × Coefficient Coefficient = An APA or ARM that is authorised during the month of December shall not pay the first-year annual supervisory fee. 5. By way of derogation from paragraphs 2 and 3, where the reassessment referred to in Article 1(3) of Commission Delegated Regulation (EU) 2022/466 ( *1 ) results in the derogation of ESMA supervision of an APA or ARM, the annual supervisory fee for the year in which the derogation applies shall be calculated solely for the five months of that year during which ESMA continues to be the supervisor of the APA or ARM in accordance with Article 1(4) of Delegated Regulation (EU) 2022/466. 6. By way of derogation from paragraphs 2 and 3, where the reassessment referred to in Article 1(3) of Delegated Regulation (EU) 2022/466 results in ESMA supervision of an APA or ARM, the annual supervisory fee for the year in which ESMA supervision starts to apply shall be calculated solely for the seven months of that year during which ESMA is the supervisor of the APA or ARM in accordance with Article 1(4) of Delegated Regulation (EU) 2022/466. ( *1 ) Commission Delegated Regulation (EU) 2022/466 of 17 December 2021 supplementing Regulation (EU) No 600/2014 of the European Parliament and of the Council by specifying criteria for derogation of the principle that approved publication arrangements and approved reporting mechanisms are supervised by the European Securities Markets Authority ( OJ L 96, 24.3.2022, p. 1 ), ELI: http://data.europa.eu/eli/reg_del/2022/466/oj ).’;" (4) the following Article 3a is inserted: ‘Article 3a Annual supervisory fees for CTPs 1. A CTP which is subject to ESMA supervision shall be charged an annual supervisory fee. 2. The total annual supervisory fee and the annual supervisory fee for each individual CTP, shall be calculated as follows: (a) the total annual supervisory fee for a given year ( n ) shall be the estimate of expenditure relating to the supervision of the CTPs’ activities under Regulation (EU) No 600/2014 as included in ESMA’s budget for that year; (b) the annual supervisory fee for a specific CTP for a given year ( n ) shall be the total annual supervisory fee for all CTPs calculated in accordance with point (a) divided between all CTPs authorised in year ( n ), in proportion to their applicable turnover calculated in accordance with Article 4. 3. By way of derogation from paragraph 2, where a CTP becomes operational before 1 July of a given year ( n ), the annual supervisory fee for that CTP for years ( n ) and ( n +1) shall be calculated as follows: (a) for year ( n ), paragraphs 4 and 5 shall apply; (b) for year ( n +1), the annual supervisory fee shall be EUR 400 000. By way of derogation from paragraph 2, where a CTP becomes operational on or after 1 July of a given year ( n ), the annual supervisory fee for years ( n ), ( n +1) and ( n +2) shall be calculated as follows: (a) for year ( n ), paragraphs 4 and 5 shall apply; (b) for years ( n +1) and ( n +2), the annual supervisory fee shall be EUR 400 000 for each year. A CTP shall be deemed to become operational on the day of the authorisation granted by ESMA pursuant to Article 27db of Regulation (EU) No 600/2014 or on the day following the expiry of the transition period referred to in Article 27db(4) of Regulation (EU) No 600/2014, where that transition period is granted by ESMA. 4. The annual supervisory fee for year ( n ) referred to in paragraph 3 shall be equal to the amount of the annual supervisory fee of EUR 400 000 multiplied by a factor that is equal to the days between the day when a CTP becomes operational and the end of year ( n ) divided by the total number of days in that year. The annual supervisory fee shall therefore be calculated as follows: CTP fee for the year ( n ) = EUR 400 000 × Coefficient Coefficient = 5. Without prejudice to Article 2, where ESMA has granted a CTP a transition period pursuant to Article 27db(4) of Regulation (EU) No 600/2014, the annual supervisory fee for year ( n ) shall also include a fee for the days between the day of the authorisation and the day when a CTP becomes operational. That fee shall be equal to the amount of the authorisation fee referred to in Article 2, point (c), multiplied by a factor that is equal to the days between the day of the authorisation and the day when a CTP becomes operational divided by the total number of days in year ( n ). That fee shall therefore be calculated as follows: CTP fee for the days between the authorisation and the day when a CTP becomes operational = Authorisation fee × Coefficient Coefficient= 6. By way of derogation from paragraph 2, where the annual supervisory fee for at least one CTP is calculated in accordance with paragraph 3 and the annual supervisory fee for at least one other CTP is not calculated in accordance with that paragraph, the annual supervisory fee for that other CTP or those other CTPs shall be calculated as follows: (a) the total annual supervisory fee for a given year ( n ) shall be the estimate of expenditure relating to the supervision of activities under Regulation (EU) No 600/2014 of all CTPs whose annual supervisory fees are not calculated in accordance with paragraph 3, as included in ESMA’s budget for that year; (b) the annual supervisory fee for a specific CTP for a given year ( n ) shall be the total annual supervisory fee for all CTPs calculated in accordance with point (a) divided between all CTPs authorised in year ( n ) whose annual supervisory fees are not calculated in accordance with paragraph 3, in proportion to their applicable turnover calculated in accordance with Article 4.’ ; (5) Article 4 is amended as follows: (a) in paragraph 1, the following points (e) and (f) are added: ‘(e) revenues generated from CTP services; (f) revenues generated from ancillary services to CTP services.’; (b) paragraph 2 is replaced by the following: ‘2. The applicable turnover of a DRSP for a given year ( n ) shall be the sum of: (a) its revenues generated from the core functions of the provision of ARM, APA or CTP services on the basis of the audited accounts of the year ( n -2), or, where those audited accounts are not yet available of the year prior to that ( n -3) and (b) its applicable revenues from ancillary services on the basis of audited accounts of the year ( n -2), or, where those audited accounts are not yet available of the year prior to that ( n -3), divided by the sum of: (c) the total revenues of all authorised ARMs, APAs or CTPs generated from core functions of provision of ARM, APA or CTP services on the basis of the audited account during the year ( n -2), or, where those audited accounts are not yet available of the year prior to that ( n -3) and (d) the total applicable revenues from ancillary services of all ARMs, APAs or CTPs on the basis of audited accounts during the year ( n -2), or, where those audited accounts are not yet available of the year prior to that ( n -3).’ ; (c) the following paragraph 5 is added: ‘5. Where the revenues referred to in paragraph 1 are reported in a currency other than the euro, ESMA shall convert those revenues into euro using the average euro foreign exchange rate applicable to the period during which the revenues were recorded. For that purpose, ESMA shall use the euro foreign exchange reference rate published by the European Central Bank.’.