Version in force , Modified +123 −25§
Amended by Regulation (EU) 2019/834 32019R0834 on EUR-Lex (external, EUR-Lex)
Explanation, written by a model and checked against the cited text
Paragraph 2 now refers to the costs covered as 'reasonable administrative costs' rather than simply 'administrative costs', and specifies that these costs relate to ESMA's registration and supervisory activities rather than 'registration and supervision activities'.
The proportionality requirement is expanded so that the fee amount must be proportionate not only to the turnover of the trade repository but also to the type of registration and supervision exercised by ESMA.
Cited: Art. 72, v2 (external, EUR-Lex) · Art. 72, v1 (external, EUR-Lex)
v1 is the previous version, v2 this one.
Text from EUR-Lex, before and after
Previous version, in force 1 January 2019 02012R0648-20190101 → this version, in force 17 June 2019 02012R0648-20190617
Article 72
Supervisory fees
1. ESMA shall charge fees to the trade repositories in accordance with this Regulation and in accordance with the delegated acts adopted pursuant to paragraph 3. Those fees shall fully cover ESMA’s necessary expenditure relating to the registration and supervision of trade repositories 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 74.
2. The amount of a any fee charged to a trade repository shall cover all reasonable administrative costs incurred by ESMA for in relation to its registration and supervision ESMA's supervisory activities and shall be proportionate to the turnover of the trade repository concerned. concerned and the type of registration and supervision exercised by ESMA.
3. The Commission shall adopt a delegated act in accordance with Article 82 to specify further the type of fees, the matters for which fees are due, the amount of the fees and the manner in which they are to be paid.