Annual supervisory fee for registered trade repositories
Article 7
1. A registered trade repository shall be charged an annual supervisory fee. 2. The total annual supervisory fee for a given financial year (n) shall be calculated as follows: (a) the basis for the calculation of the total annual supervisory fee for a given financial year (n) shall be the estimate of expenditure relating to the supervision of trade repositories as included in the ESMA’s budget for that year, set out and approved in accordance with Article 63 of Regulation (EU) No 1095/2010; (b) the total annual supervisory fee for a given financial year (n) shall be calculated by deducting the following from the estimate of expenditure according to point (a): (i) the total registration fees paid by trade repositories in accordance with Article 6 in a given financial year (n) and the additional registration fees paid in a given financial year (n) by already registered trade repositories in case a material change to their registration takes place as referred to in Article 6(7); (ii) the total recognition fees paid by third country trade repositories in accordance with Article 8 that given financial year (n); (iii) the initial supervisory fee to be paid by trade repositories in a given financial year (n) pursuant to paragraph 4; (c) a registered trade repository shall pay an annual supervisory fee resulting from dividing the total annual supervisory fee calculated pursuant to point (b) between all trade repositories registered in year n-1, in proportion to the ratio of the trade repository’s applicable turnover to the total applicable turnover of all registered trade repositories calculated pursuant to Article 3(1), and adjusted pursuant to paragraphs 2 and 3 of Article 4. 3. In no case shall the trade repository pay an annual supervisory fee of less than EUR 30 000. 4. By way of derogation from paragraphs 2 and 3, a registered trade repository shall pay, in the year of its registration, an initial supervisory fee equal to the lower of the following: (a) the registration fee due in accordance with Article 6; (b) the registration fee due in accordance with Article 6 multiplied by the ratio between the working days from its date of registration until the end of the year and 60 working days. This calculation shall be made as follows: