Source: OJ L 149, 09/06/2023, p. 16–25Current language: EN
Article 5 Determination of the overall amount of the supervisory fee and application of the maximum overall limit per provider
Summary What does Article 5 of the Methodology for calculating the supervisory fee say?
Building directly on the basic amount calculation established in Article 4, this article sets out how the final supervisory fee is determined for each provider of designated services.
Its central mechanism is a cap: no provider can be charged more than 0.05% of its worldwide profit from the preceding financial year.
Crucially, the article also addresses what happens when that cap is applied — any amounts that cannot be charged to a capped provider are redistributed among the remaining uncapped providers, using the same proportionality logic as Article 4.
This redistribution continues iteratively until no residual amount remains.
Important points:
- Providers of designated services must pay an annual supervisory fee, capped at 0.05% of their worldwide profit from the preceding financial year.
- Where a provider has consolidated accounts, the worldwide profit of the entire group is used to determine the cap.
- Any fee amounts left uncharged due to the cap are redistributed to remaining uncapped providers, proportionate to their user base and designation period.
Springlex's summary of the article is a reading aid, not a substitute for the legal text.
Each year, the concerned provider of designated service or services shall pay a supervisory fee resulting from the basic amount, or the sum of basic amounts, calculated pursuant to Article 4 for the designated service or services it provides, and the adjustments applied pursuant to this Article.
The overall amount of the supervisory fee charged in a given year to a given provider of designated service or services shall not exceed the maximum overall limit equal to 0,05 % of its worldwide profit in the preceding financial year. Where a provider has consolidated accounts, the consolidated worldwide profits of the group to which that provider belongs shall be considered for the purposes of determining the maximum overall limit of the fee.
For the purposes of the first subparagraph of this paragraph, the worldwide profit shall be that resulting from the best available figures from the annual financial statements relating to the last full business year presented by the provider concerned, within the meaning of one of the following:
the International Financial Reporting Standards applicable in accordance with Regulation (EC) No 1606/2002, where used by the provider;
point 17 of Annex V or point 15 of Annex VI to Directive 2013/34/EU;
any acceptable third country reporting standard, where neither point (a) or (b) are used by the provider.
Where the basic amount or the sum of basic amounts calculated pursuant to Article 4 for the designated service or services provided by a given provider exceeds the maximum overall limit set out in paragraph 2 of this Article, the overall amount of the supervisory fee charged to that provider shall be reduced to that limit.
The sum of any residual amounts not charged pursuant to paragraph 3 of this Article shall be charged to the remaining providers of designated services for whom the maximum overall limit is not reached, in proportion to the number of average monthly active recipients of the designated service, expressed as the coefficient (U) referred to in Article 4(2), and taking into account the period during which the service has been designated, expressed as the coefficient (T) referred to in Article 4(3), in accordance with the following formula:
Where the application of this paragraph triggers the applicability of the maximum overall limit for one or more remaining providers of designated service or services, paragraph 3 and this paragraph shall continue to apply until no residual amount remains.
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
provider of designated service or services
Definition
information society service
Definition
basic amount
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