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Regulation (EU) 2024/1620 of the European Parliament and of the Council of 31 May 2024 establishing the Authority for Anti-Money Laundering and Countering the Financing of Terrorism and amending Regulations (EU) No 1093/2010, (EU) No 1094/2010 and (EU) No 1095/2010 (Text with EEA relevance)

article  77

CELEX:  32024R1620

Fees levied on selected and non-selected obliged entities
1. The Authority shall levy an annual supervisory fee on all selected obliged entities referred to in Article 13 and on the non-selected obliged entities 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.
2. 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.
3. The fees shall be calculated at the highest level of consolidation in the Union in accordance with applicable accounting standards.
Regulation (EU) 2024/1620 of the European Parliament and of the Council of 31 May 2024 establishing the Authority for Anti-Money Laundering and Countering the Financing of Terrorism and amending Regulations (EU) No 1093/2010, (EU) No 1094/2010 and (EU) No 1095/2010 (Text with EEA relevance)

article  77

CELEX:  32024R1620

4. 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 entities 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 supervisor 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.
Regulation (EU) 2024/1620 of the European Parliament and of the Council of 31 May 2024 establishing the Authority for Anti-Money Laundering and Countering the Financing of Terrorism and amending Regulations (EU) No 1093/2010, (EU) No 1094/2010 and (EU) No 1095/2010 (Text with EEA relevance)

article  77

CELEX:  32024R1620

5. This Article is without prejudice to the right of financial supervisors 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.
Regulation (EU) 2024/1620 of the European Parliament and of the Council of 31 May 2024 establishing the Authority for Anti-Money Laundering and Countering the Financing of Terrorism and amending Regulations (EU) No 1093/2010, (EU) No 1094/2010 and (EU) No 1095/2010 (Text with EEA relevance)

article  77

CELEX:  32024R1620

6. The Commission is empowered to adopt a delegated act in accordance with Article 100 to supplement this Regulation by specifying the methodology for calculating the amount of the fee levied on each selected and non-selected obliged entity subject to fees in accordance with paragraph 1 of this Article, and the procedure for collecting those fees. When developing the methodology for determining the individual amount of fees, the Commission shall take into account the following:
(a) 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;
(b) whether the obliged entity has qualified for direct supervision;
(c) the ML/TF risk profile classification of the obliged entities in accordance with the methodology referred to in Article 12(7), point (b);
(d) 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;
(e) that the amount of the fee to be collected from non-selected obliged entities 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 entities with the same level of income or turnover. The Commission shall adopt the delegated acts referred to in the first subparagraph by 1 January 2027.