Annual supervisory fees
Article 3
1. A DRSP 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 a given DRSP 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 data reporting services providers’ activities under Regulation (EU) No 600/2014 as included in ESMA’s budget for that year; (b) a data reporting services provider’s annual supervisory fee for a given year (n) shall be the total annual supervisory fee determined pursuant to point (a) divided between all data reporting services providers 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. In case an entity is subject to minimum supervisory fees for more than one data reporting service, it shall pay the minimum supervisory fee for each service provided. 4. By way of derogation of paragraphs 2 and 3, the first-year fee shall be calculated by lessening the authorisation fee referred to in Article 2(1), point (b) with 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. It shall hence be calculated as follows: data reporting services provider first-year fee = Min (Authorisation fee, Authorisation fee * Coefficient) Where a DRSP is authorised during the month of December, it shall not pay the first-year supervisory fee. 5. 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 the derogation of ESMA supervision of a DRSP, the annual supervisory fee for the year in which the derogation applies shall be calculated solely for the 5 months in that year during which ESMA continues to be the supervisor of the DRSP in accordance with Article 1(4) of Delegated Regulation (EU) 2022/466.