# L_2021101EN.01010701.xml

| 23.3.2021 | EN | Official Journal of the European Union | L 101/107 |
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23.3.2021

EN

Official Journal of the European Union

L 101/107

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DECISION (EU) 2021/490 OF THE EUROPEAN CENTRAL BANK

of 12 March 2021

on the total amount of annual supervisory fees for 2020 (ECB/2021/8)

THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Regulation (EU) No 1024/2013 of 15 October 2013 conferring specific tasks on the European Central Bank concerning policies relating to the prudential supervision of credit institutions (1), and in particular Article 30 thereof,

Whereas:

| (1) | With the entry into force of Regulation (EU) 2019/2155 of the European Central Bank (ECB/2019/37) (2), which amends Regulation (EU) No 1163/2014 of the European Central Bank (ECB/2014/41) (3), the European Central Bank (ECB) no longer requires advance payment of the annual supervisory fees, beginning with the 2020 fee period. The fees are levied only after the end of the relevant fee period when the actual annual costs have been determined. |
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(1)

With the entry into force of Regulation (EU) 2019/2155 of the European Central Bank (ECB/2019/37) (2), which amends Regulation (EU) No 1163/2014 of the European Central Bank (ECB/2014/41) (3), the European Central Bank (ECB) no longer requires advance payment of the annual supervisory fees, beginning with the 2020 fee period. The fees are levied only after the end of the relevant fee period when the actual annual costs have been determined.

| (2) | Under Article 5(1) and (2) of Regulation (EU) No 1163/2014 (ECB/2014/41) the annual supervisory fees to be levied on the supervised entities are calculated on the basis of the annual costs of the ECB. The amount of the annual costs is determined on the basis of the amount of the annual expenditure consisting of any expenses incurred by the ECB in the relevant fee period that are directly or indirectly related to its supervisory tasks. |
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(2)

Under Article 5(1) and (2) of Regulation (EU) No 1163/2014 (ECB/2014/41) the annual supervisory fees to be levied on the supervised entities are calculated on the basis of the annual costs of the ECB. The amount of the annual costs is determined on the basis of the amount of the annual expenditure consisting of any expenses incurred by the ECB in the relevant fee period that are directly or indirectly related to its supervisory tasks.

| (3) | In accordance with Article 8 of Regulation (EU) No 1163/2014 (ECB/2014/41), in order to calculate the annual supervisory fees payable in respect of significant supervised entities and significant supervised groups, and less significant supervised entities and less significant supervised groups, the annual costs should be split on the basis of the costs allocated to the relevant functions that perform the direct supervision of significant supervised entities and significant supervised groups and the indirect supervision of less significant supervised entities and less significant groups. |
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(3)

In accordance with Article 8 of Regulation (EU) No 1163/2014 (ECB/2014/41), in order to calculate the annual supervisory fees payable in respect of significant supervised entities and significant supervised groups, and less significant supervised entities and less significant supervised groups, the annual costs should be split on the basis of the costs allocated to the relevant functions that perform the direct supervision of significant supervised entities and significant supervised groups and the indirect supervision of less significant supervised entities and less significant groups.

| (4) | In accordance with Article 5(3) of Regulation (EU) No 1163/2014 (ECB/2014/41), fee amounts related to previous fee periods that were not collectible, interest payments received in accordance with Article 14 and certain other amounts received or refunded in accordance with Article 7(3) of that Regulation, if any, should also be taken into account when determining the annual costs. In accordance with the transitional arrangements for the 2020 fee period set out in Article 17a of Regulation (EU) No 1163/2014 (ECB/2014/41), any surplus or deficit from the fee period of 2019, determined by deducting the actual annual costs incurred in respect of that fee period from estimated annual costs levied for that fee period, are taken into account in determining the annual costs for the fee period 2020. |
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(4)

In accordance with Article 5(3) of Regulation (EU) No 1163/2014 (ECB/2014/41), fee amounts related to previous fee periods that were not collectible, interest payments received in accordance with Article 14 and certain other amounts received or refunded in accordance with Article 7(3) of that Regulation, if any, should also be taken into account when determining the annual costs. In accordance with the transitional arrangements for the 2020 fee period set out in Article 17a of Regulation (EU) No 1163/2014 (ECB/2014/41), any surplus or deficit from the fee period of 2019, determined by deducting the actual annual costs incurred in respect of that fee period from estimated annual costs levied for that fee period, are taken into account in determining the annual costs for the fee period 2020.

| (5) | In accordance with Article 5(4) of Regulation (EU) No 1163/2014 (ECB/2014/41), within four months after the end of each fee period, the total amount of the annual supervisory fees for each category of supervised entities and supervised groups for that fee period should be published on the ECB’s website, |
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(5)

In accordance with Article 5(4) of Regulation (EU) No 1163/2014 (ECB/2014/41), within four months after the end of each fee period, the total amount of the annual supervisory fees for each category of supervised entities and supervised groups for that fee period should be published on the ECB’s website,

HAS ADOPTED THIS DECISION:

Article 1

Definitions

For the purposes of this Decision, the definitions contained in Regulation (EU) No 468/2014 of the European Central Bank (ECB/2014/17) (4) and Regulation (EU) No 1163/2014 (ECB/2014/41) shall apply.

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Article 2

Total amount of annual supervisory fees for 2020

1.   The total amount of annual supervisory fees for 2020 shall be EUR 514 314 706, calculated as shown in the Annex.

2.   Each category of supervised entities and supervised groups shall pay the following total amount of annual supervisory fees:

| (a) | significant supervised entities and significant supervised groups: EUR 476 526 421; |
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(a)

significant supervised entities and significant supervised groups: EUR 476 526 421;

| (b) | less significant supervised entities and less significant supervised groups: EUR 37 788 285. |
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(b)

less significant supervised entities and less significant supervised groups: EUR 37 788 285.

Article 3

Entry into force

This Decision shall enter into force on the fifth day following that of its publication in the Official Journal of the European Union.

Official Journal of the European Union.

Done at Frankfurt am Main, 12 March 2021.

The President of the ECB

Christine LAGARDE

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(1)  
  OJ L 287, 29.10.2013, p. 63.

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(2)  Regulation (EU) 2019/2155 of the European Central Bank of 5 December 2019 amending Regulation (EU) No 1163/2014 on supervisory fees (ECB/2019/37) (OJ L 327, 17.12.2019, p. 70).

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(3)  Regulation (EU) No 1163/2014 of the European Central Bank of 22 October 2014 on supervisory fees (ECB/2014/41) (OJ L 311, 31.10.2014, p. 23).

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(4)  Regulation (EU) No 468/2014 of the European Central Bank of 16 April 2014 establishing the framework for cooperation within the Single Supervisory Mechanism between the European Central Bank and national competent authorities and with national designated authorities (SSM Framework Regulation) (ECB/2014/17) (OJ L 141, 14.5.2014, p. 1).

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ANNEX

Calculation of the total amount of annual supervisory fees for 2020

| (EUR) |
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| | Significant supervised entities and significant supervised groups | Less significant supervised entities and less significant supervised groups | Total |
| Actual annual costs for 2020 | 499 068 832 | 36 199 368 | 535 268 200 |
| Surplus/deficit from 2019 | -23 076 537 | 1 082 290 | -21 994 246 |
| Amounts to be taken into account in accordance with Article 5(3) of Regulation (EU) No 1163/2014 (ECB/2014/41) | | | |
| Fee amounts related to previous fee periods that were not collectible | | | |
| Interest payments received in accordance with Article 14 of the above Regulation | -42 819 | -22 829 | -65 648 |
| Amounts received or refunded in accordance with Article 7(3) of the above Regulation | 576 944 | 529 456 | 1 106 401 |
| TOTAL | 476 526 421 | 37 788 285 | 514 314 706 |

(EUR)

Significant supervised entities and significant supervised groups

Less significant supervised entities and less significant supervised groups

Total

Actual annual costs for 2020

499 068 832

36 199 368

535 268 200

Surplus/deficit from 2019

-23 076 537

1 082 290

-21 994 246

Amounts to be taken into account in accordance with Article 5(3) of Regulation (EU) No 1163/2014 (ECB/2014/41)

Fee amounts related to previous fee periods that were not collectible

Interest payments received in accordance with Article 14 of the above Regulation

-42 819

-22 829

-65 648

Amounts received or refunded in accordance with Article 7(3) of the above Regulation

576 944

529 456

1 106 401

TOTAL

476 526 421

37 788 285

514 314 706

(Totals may not add up due to rounding.)

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