Decision (EU) 2019/2158 of the European Central BankShow full title

Decision (EU) 2019/2158 of the European Central Bank

of 5 December 2019

on the methodology and procedures for the determination and collection of data regarding fee factors used to calculate annual supervisory fees (ECB/2019/38)

(recast)

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 the second subparagraph of Article 4(3) and Article 30 thereof,

Whereas:

(1) A number of amendments are to be made to Decision (EU) 2015/530 of the European Central Bank (ECB/2015/7)(2). In the interest of clarity, that Decision should be recast.

(2) In accordance with Article 10(3)(a) of Regulation (EU) No 1163/2014 of the European Central Bank (ECB/2014/41)(3), the fee factors used to determine the individual annual supervisory fee payable in respect of each supervised entity or supervised group will be the amount, as at the relevant reference date, of: (i) total assets; and (ii) total risk exposure.

(3) Regulation (EU) No 1163/2014 (ECB/2014/41) required the ECB to conduct a review of that Regulation, in particular regarding the methodology and criteria for calculating the annual supervisory fees to be levied on each supervised entity and supervised group, by 2017. The ECB launched a public consultation and, taking into account the responses received, decided to amend Regulation (EU) No 1163/2014 (ECB/2014/41) to introduce a revised framework on supervisory fees. Decision (EU) 2015/530 (ECB/2015/7) lays down more detailed procedures on the methodology and procedures for the determination and collection of data regarding the fee factors used to calculate annual supervisory fees.

(4) According to the revised framework under Regulation (EU) No 1163/2014 (ECB/2014/41), the reference date for the fee factors should, as a general rule, remain 31 December of the year preceding the fee period for which supervisory fees are calculated. This allows supervisory information already available to the ECB under Decision ECB/2014/29(4) and pursuant to Commission Implementing Regulation (EU) No 680/2014(5) (common reporting (COREP) and financial reporting (FINREP)) and under Regulation (EU) 2015/534 of the European Central Bank (ECB/2015/13)(6) (FINREP) to be used in the calculation of the annual supervisory fee for the majority of fee debtors.

(5) Supervised entities and supervised groups that are not subject to mandatory reporting for prudential purposes or supervised groups which exclude assets and/or the risk exposure amount of subsidiaries established in non-participating Member States and third countries should continue reporting the fee factors separately for the purpose of calculating the supervisory fees. Article 10(3)(bd) of Regulation (EU) No 1163/2014 (ECB/2014/41) provides that those fee factors shall be submitted to the NCA concerned, with the relevant reference date, in accordance with an ECB decision.

(6) Fee debtors that need to continue reporting separately should submit the fee factors to the relevant national competent authority (NCA) using the templates set out in Annexes I and II. In the case of supervised groups with subsidiaries established in non-participating Member States and third countries, the fee debtors should provide an explanation of the method used for the determination of the fee factors.

(7) Consistency should be ensured between the determination of fee factors of fee debtors for which the ECB already receives supervisory information through COREP and FINREP and the fee factors of fee debtors which need to report information separately for the purpose of calculating the supervisory fees.

(8) For the purposes of the calculation of the fee factors, Article 10(3)(c) of Regulation (EU) No 1163/2014 (ECB/2014/41) provides for the possibility to exclude assets and/or the risk exposure amount of subsidiaries established in non-participating Member States and third countries. Those fee debtors should notify the ECB as to whether they intend to exclude the contribution of subsidiaries established in non-participating Member States and third countries to either or both fee factors. The deadline for submitting the notification should be consistent with the revised framework for the calculation of the supervisory fees.

(9) For the majority of fee-paying branches, the obligation to provide auditor verification as means of certification of the total assets of the branch for the purposes of calculating the supervisory fee was assessed as disproportionate in the review of Regulation (EU) No 1163/2014 (ECB/2014/41). It suffices that fee-paying branches submit to the relevant NCA a management letter certifying the total assets of the branch.

(10) Article 10(5) of Regulation (EU) No 1163/2014 (ECB/2014/41) provides that, in the event a fee debtor fails to provide the fee factors, the ECB shall determine the fee factors in accordance with an ECB decision.

(11) This Decision should lay down the methodology and procedures for the determination and collection of data regarding the fee factors, as well as procedures for the submission of fee factors by fee debtors which need to continue reporting separately for the purpose of calculating the supervisory fees and by NCAs to the ECB. In particular, the format, frequency and timing of such submission, as well as the types of quality checks that NCAs should perform before submitting fee factors to the ECB, should be specified.

(12) It is necessary to set up a procedure to carry out technical amendments to the Annexes to this Decision in an effective manner, provided that such amendments neither change the underlying conceptual framework nor affect the reporting burden. NCAs may propose such technical amendments to the Statistics Committee of the European System of Central Banks (ESCB), whose view will be taken into account when following this procedure.

(13) To ensure coherence with the revised framework for the calculation of supervisory fees under Regulation (EU) No 1163/2014 (ECB/2014/41), which provides for transitional arrangements in respect of the 2020 fee period, this Decision should enter into force at the beginning of 2020,

HAS ADOPTED THIS DECISION:

(1)

OJ L 287, 29.10.2013, p. 63.

(2)

Decision (EU) 2015/530 of the European Central Bank of 11 February 2015 on the methodology and procedures for the determination and collection of data regarding fee factors used to calculate the annual supervisory fees (ECB/2015/7) (OJ L 84, 28.3.2015, p. 67).

(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)

Decision ECB/2014/29 of 2 July 2014 on the provision to the European Central Bank of supervisory data reported to the national competent authorities by the supervised entities pursuant to Commission Implementing Regulations (EU) No 680/2014 and (EU) No 2016/2070 (ECB/2014/29) (OJ L 214, 19.7.2014, p. 34).

(5)

Commission Implementing Regulation (EU) No 680/2014 of 16 April 2014 laying down implementing technical standards with regard to supervisory reporting of institutions according to Regulation (EU) No 575/2013 of the European Parliament and of the Council (OJ L 191, 28.6.2014, p. 1).

(6)

Regulation (EU) 2015/534 of the European Central Bank of 17 March 2015 on reporting of supervisory financial information (ECB/2015/13) (OJ L 86, 31.3.2015, p. 13).