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Provision history · Credit Rating Agencies Regulation

Art. 19 · Registration and supervisory fees

Credit Rating Agencies Regulation · 32009R1060 · every version of this act · on EUR-Lex (external, EUR-Lex)

2 changes recorded across 2 versions, newest first.

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Version in force , Modified +51 −36

Amended by Regulation (EU) No 462/2013 32013R0462 on EUR-Lex (external, EUR-Lex)

Applies from: no date changed

Explanation, written by a model and checked against the cited text

The provision now states that ESMA's fees must fully cover expenditure relating to registration, certification and supervision of credit rating agencies, whereas the earlier text referred only to registration and supervision.

The wording describing the fees ESMA charges was also rephrased from charging fees to the credit rating agencies to charging credit rating agencies fees, with the referenced regulation now described as the Commission regulation rather than the regulation on fees referred to in paragraph 2.

Cited: Art. 19, v1 (external, EUR-Lex) · Art. 19, v2 (external, EUR-Lex)

v1 is the previous version, v2 this one.

Text from EUR-Lex, before and after

Previous version, in force 21 July 2011 02009R1060-20110721 → this version, in force 20 June 2013 02009R1060-20130620

Article 19 Registration and supervisory fees 1. ESMA shall charge fees to the credit rating agencies fees in accordance with this Regulation and with the Commission regulation on fees referred to in paragraph 2. Those fees shall fully cover ESMA's ESMA’s necessary expenditure relating to the registration registration, certification and supervision of credit rating agencies and the reimbursement of any costs that the competent authorities may incur carrying out work pursuant to this Regulation, in particular as a result of any delegation of tasks in accordance with Article 30. 2. The Commission shall adopt a regulation on fees. That regulation shall determine in particular the type of fees and the matters for which fees are due, the amount of the fees, the way in which they are to be paid and the way in which ESMA is to reimburse competent authorities in respect of any costs that they may incur carrying out work pursuant to this Regulation, in particular as a result of any delegation of tasks in accordance with Article 30. The amount of a fee charged to a credit rating agency shall cover all administrative costs and be proportionate to the turnover of the credit rating agency concerned. The Commission shall adopt the regulation on fees referred to in the first subparagraph by means of a delegated act in accordance with Article 38a and subject to the conditions of Articles 38b and 38c.

Version in force , Modified

Amended by Regulation (EU) No 513/2011 32011R0513 on EUR-Lex (external, EUR-Lex)

Applies from: no date changed

Not in every listWhat this means

Found in the text, but not every source lists it — the text comparison and the EU's own amendment metadata found this change; the amending act's instructions do not mention it. The source that does not name it is the amending act's instructions. All are shown; none is overruled.

Explanation, written by a model and checked against the cited text

The provision changes from a single unnumbered paragraph allowing the competent authority of the home Member State to charge fees proportionate to its costs, to a two-paragraph structure in which ESMA charges the fees to credit rating agencies.

The new paragraph 1 states that the fees must fully cover ESMA's necessary expenditure on registration and supervision plus reimbursement of costs incurred by competent authorities carrying out delegated work under Article 30, while the new paragraph 2 assigns the Commission the task of adopting a regulation on fees, specifying fee types, amounts, payment arrangements and reimbursement mechanisms, and requiring fees charged to a credit rating agency to cover administrative costs and be proportionate to that agency's turnover.

The after text further specifies that the Commission is to adopt this fees regulation by means of a delegated act in accordance with Article 38a and subject to the conditions of Articles 38b and 38c.

Cited: Art. 19, v1 (external, EUR-Lex) · Art. 19, v2 (external, EUR-Lex)

v1 is the previous version, v2 this one.

Text from EUR-Lex, on this version's page