Source: OJ L 150, 9.6.2023, pp. 40–205

Current language: EN

Article 137 Supervisory fees

Summary What does Article 137 of the MiCA regulation say?

This article establishes the fee-charging framework that funds EBA's supervisory activities over issuers of significant asset-referenced tokens and significant e-money tokens.

It directly supports the supervisory regime set out in Articles 117 and 119, providing the financial mechanism by which EBA recovers the costs of that oversight.

The fees are also designed to cover costs that competent authorities may incur when carrying out delegated tasks under Article 138.

The article sets out how individual fees are to be calculated — tied to the size of reserve assets for asset-referenced token issuers, and to the size of issuance for e-money token issuers — and delegates to the Commission the task of specifying the detailed fee rules.

Important points:

  • Issuers of significant asset-referenced tokens and significant e-money tokens are required to pay fees to EBA to cover its supervisory costs.
  • The fee amount is linked to the size of the issuer's reserve assets (for asset-referenced tokens) or the size of issuance in exchange for funds (for e-money tokens).
  • The Commission is required to adopt a delegated act by 30 June 2024 to specify the type, amount, payment method, and calculation methodology for these fees.

Springlex's summary of the article, a reading aid, not a substitute for the legal text.

    1. EBA shall charge fees to issuers of significant asset-referenced tokens and issuers of significant e-money tokens. Those fees shall cover EBA’s expenditure for the execution of its supervisory tasks relating to issuers of significant asset-referenced tokens and issuers of significant e-money tokens in accordance with Articles 117 and 119, as well as the reimbursement of costs that the competent authorities might incur carrying out work under this Regulation, in particular as a result of any delegation of tasks in accordance with Article 138.

    1. The amount of the fee charged to an individual issuer of a significant asset-referenced token shall be proportionate to the size of its reserve assets and shall cover all costs incurred by EBA for the performance of its supervisory tasks under this Regulation.

    2. The amount of the fee charged to an individual issuer of a significant e-money token shall be proportionate to the size of issuance of the e-money token in exchange for funds and shall cover all costs derived from the execution of EBA’s supervisory tasks under this Regulation, including the reimbursement of any costs incurred as a result of the execution of those tasks.

    1. The Commission shall adopt a delegated act in accordance with Article 139 by 30 June 2024 to supplement this Regulation by specifying 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 and the methodology to calculate the maximum amount per entity referred to in paragraph 2 of this Article that can be charged by EBA.

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