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.

(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.

(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,

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.

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; (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.

Done at Frankfurt am Main, 12 March 2021. The President of the ECB Christine LAGARDE

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

(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).

(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).

(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).