Article 77 Fees levied on selected and non-selected obliged entities

The Authority shall levy an annual supervisory fee on all selected obliged entitiesmeans a credit institution, a financial institution, or a group of credit institutions or financial institutions at the highest level of consolidation in the Union in accordance with applicable accounting standards, which is under direct supervision by the Authority pursuant to Article 13; referred to in Article 13 and on the non-selected obliged entitiesmeans a credit institution, a financial institution, or a group of credit institutions or financial institutions at the highest level of consolidation in the Union in accordance with applicable accounting standards, other than a selected obliged entity; that meet the criteria set out in Article 12(1). The fees shall cover expenditure incurred by the Authority in relation to the tasks related to supervision and referred to in Chapter II, Sections 3 and 4. Those fees shall not exceed the expenditure relating to those tasks. Where those criteria are not fully respected in any given year, the necessary adjustments shall be made when calculating the fees for the two following years.

The amount of the fee levied on each obliged entity referred to in paragraph 1 shall be calculated in accordance with the arrangements established in the delegated act referred to in paragraph 6.

The fees shall be calculated at the highest level of consolidation in the Union in accordance with applicable accounting standards.

The basis for calculating the annual supervisory fee for a given calendar year shall be the expenditure relating to the direct and indirect supervision of the selected and non-selected obliged entitiesmeans a credit institution, a financial institution, or a group of credit institutions or financial institutions at the highest level of consolidation in the Union in accordance with applicable accounting standards, other than a selected obliged entity; subject to fees in that year. The Authority may require advance payments in respect of the annual supervisory fee, which shall be based on a reasonable estimate. The Authority shall communicate with the relevant financial supervisormeans the body entrusted with responsibilities aimed at ensuring compliance by obliged entities with the requirements of this Regulation, including AMLA when performing the tasks entrusted to it in Article 5(2) of Regulation (EU) 2024/1620; before deciding on the final fee level so as to ensure that supervision remains cost-effective and reasonable for all obliged entities in the financial sector. The Authority shall communicate to the obliged entities concerned the basis for the calculation of the annual supervisory fee. Member States shall ensure that the obligation to pay the fees specified in this Article is enforceable under national law, and that due fees are fully paid.

This Article is without prejudice to the right of financial supervisorsmeans the body entrusted with responsibilities aimed at ensuring compliance by obliged entities with the requirements of this Regulation, including AMLA when performing the tasks entrusted to it in Article 5(2) of Regulation (EU) 2024/1620; to levy fees in accordance with national law, to the extent supervisory tasks have not been conferred on the Authority, or in respect of costs of cooperating with and assisting the Authority and acting on its instructions, in accordance with applicable Union law.

1. the total annual turnover or the corresponding type of income of the obliged entities at the highest level of consolidation in the Union in accordance with applicable accounting standards;

2. whether the obliged entity has qualified for direct supervision;

3. the ML/TF risk profile classification of the obliged entities in accordance with the methodology referred to in Article 12(7), point (b);

4. the importance of the obliged entity to the stability of the financial system or to the economy of one or more Member States or of the Union;

5. that the amount of the fee to be collected from non-selected obliged entitiesmeans a credit institution, a financial institution, or a group of credit institutions or financial institutions at the highest level of consolidation in the Union in accordance with applicable accounting standards, other than a selected obliged entity; in proportion to their income or turnover referred to in point (a) shall not exceed 20 % of the amount of the fee to be collected from selected obliged entitiesmeans a credit institution, a financial institution, or a group of credit institutions or financial institutions at the highest level of consolidation in the Union in accordance with applicable accounting standards, which is under direct supervision by the Authority pursuant to Article 13; with the same level of income or turnover.