Source: OJ L 149, 09/06/2023, p. 16–25Current language: EN
Article 3 Annual identification of designated services
Summary What does Article 3 of the Methodology for calculating the supervisory fee say?
This article defines the scope of which designated services are subject to a supervisory fee in any given year.
It works in conjunction with the fee calculation methodology set out in Article 4, by first establishing which services must be captured within that calculation.
In essence, it casts a wide net, covering both services already designated at the start of the year and those that become designated at any point during it.
Important points:
- Any designated service active on 1 January of a given year is subject to the supervisory fee for that year, including those whose designation terminates after that date.
- Any service that becomes designated at any point between 1 January and 31 December of a given year is also captured and subject to the supervisory fee.
- The article ensures no designated service can avoid a supervisory fee by virtue of mid-year timing, whether gaining or losing designation status during the year.
Springlex's summary of the article is a reading aid, not a substitute for the legal text.
The designated services in relation to which a supervisory fee shall be charged in a given year n shall be:
any service which, on 1 January of that year, was already subject to the obligations of Section 5 of Chapter III of Regulation (EU) 2022/2065 in accordance with Article 33(6) of that Regulation, including any service whose termination of the designation becomes applicable pursuant to Article 33(6) of that Regulation after that date;
any service which becomes subject to the obligations of Section 5 of Chapter III of Regulation (EU) 2022/2065 in accordance with Article 33(6) of that Regulation between 1 January and 31 December of that year.
Springlex and this text is meant purely as a documentation tool and has no legal effect. No liability is assumed for its content. The authentic version of this act is the one published in the Official Journal of the European Union.
Definition
recipient of the service
Definition
information society service
Definition
intermediary service
- a ‘mere conduit’ service, consisting of the transmission in a communication network of information provided by a recipient of the service, or the provision of access to a communication network;
- a ‘caching’ service, consisting of the transmission in a communication network of information provided by a recipient of the service, involving the automatic, intermediate and temporary storage of that information, performed for the sole purpose of making more efficient the information's onward transmission to other recipients upon their request;
- a ‘hosting’ service, consisting of the storage of information provided by, and at the request of, a recipient of the service;
Definition
online platform
Definition
online search engine
Definition
designated service