Executive Summary:
This decision by the European Central Bank (ECB) determines the total amount of annual supervisory fees for 2022 to be EUR 593,709,671. The fees are levied on supervised entities and groups, split between significant and less significant entities. This decision was made on February 28, 2023, and will take effect five days after its publication in the Official Journal of the European Union.
Key Points / Main Content:
* **Annual Supervisory Fees:**
* The total amount of annual supervisory fees for 2022 is EUR 593,709,671.
* Significant supervised entities and groups will pay EUR 566,725,313.
* Less significant supervised entities and groups will pay EUR 26,984,358.
* **Calculation Basis:**
* The annual supervisory fees are calculated based on the ECB's annual costs related to its supervisory tasks.
* This includes expenses directly or indirectly related to supervisory tasks.
* The calculation considers costs allocated to the direct supervision of significant entities and the indirect supervision of less significant entities.
* Fee amounts from previous periods that were not collectible, interest payments received, and certain other amounts received or refunded are also factored into the annual costs.
* **Legal Basis:**
* The decision is based on the Treaty on the Functioning of the European Union and Council Regulation (EU) No 1024/2013.
* It also references Regulation (EU) No 1163/2014 and Regulation (EU) No 468/2014 for definitions and calculation methodologies.
* **Definitions:**
* Definitions from Regulation (EU) No 468/2014 and Regulation (EU) No 1163/2014 apply to this decision.
* **Publication:**
* The total amount of annual supervisory fees for each category of supervised entities and groups for the fee period should be published on the ECB’s website within four months after the end of each fee period,
Impact Analysis:
* **Significant Supervised Entities and Significant Supervised Groups:**
* Impact: Required to pay a total of EUR 566,725,313 in supervisory fees for 2022.
* Action Required: Ensure timely payment of the allocated supervisory fees.
* **Less Significant Supervised Entities and Less Significant Supervised Groups:**
* Impact: Required to pay a total of EUR 26,984,358 in supervisory fees for 2022.
* Action Required: Ensure timely payment of the allocated supervisory fees.
* **European Central Bank (ECB):**
* Impact: Responsible for calculating, collecting, and managing the supervisory fees.
* Action Required: Publish the total amount of annual supervisory fees on the ECB's website and issue fee notices to each fee debtor.
Key Entities Referenced
European Central Bank: The central bank of the Eurozone, responsible for monetary policy and supervision of banks within the European Union.
Treaty on the Functioning of the European Union: A fundamental treaty outlining the scope and powers of the European Union.
Council Regulation EU No 1024/2013: A regulation conferring specific tasks on the European Central Bank concerning policies relating to the prudential supervision of credit institutions.
Regulation EU No 1163/2014: Regulation of the European Central Bank on supervisory fees ECB/2014/41.
Regulation EU No 468/2014: Regulation of the European Central Bank establishing the framework for cooperation within the Single Supervisory Mechanism between the European Central Bank and national competent authorities and with national designated authorities (SSM Framework Regulation) ECB/2014/17.
Frankfurt am Main: City in Hesse, Germany. The location where the decision was made.
Christine Lagarde: The President of the European Central Bank (ECB).
Single Supervisory Mechanism: The system of banking supervision composed of the ECB and national competent authorities
L 81/42 EN Official Journal of the European Union 21.3.2023
DECISION (EU) 2023/656 OF THE EUROPEAN CENTRAL BANK
of 28 February 2023
on the total amount of annual supervisory fees for 2022 (ECB/2023/2)
THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EU) No 1024/2013 of 15 October 2013conferring specific tasks on the European
Central Bank concerning policies relating to the prudential supervision of credit institutions(1), and in particular
Article 30 thereof,
Whereas:
(1) In accordance with Article 12(1) of Regulation (EU) No 1163/2014 of the European Central Bank (ECB/2014/41)(2),
a fee notice is to be issued annually by the European Central Bank (ECB) to each fee debtor within six months after
the start of the following fee period.
(2) Under Article 5(1) and (2) of Regulation (EU) No 1163/2014 (ECB/2014/41) the annual supervisory fees to be levied
on the supervised entities are calculated on the basis of the annual costs of the ECB. The amount of the annual costs
is determined on the basis of the amount of the annual expenditure consisting of any expenses incurred by the ECB
in the relevant fee period that are directly or indirectly related to its supervisory tasks.
(3) In accordance with Article 8 of Regulation (EU) No 1163/2014 (ECB/2014/41), in order to calculate the annual
supervisory fees payable in respect of significant supervised entities and significant supervised groups, and less
significant supervised entities and less significant supervised groups, the annual costs should be split on the basis of
the costs allocated to the relevant functions that perform the direct supervision of significant supervised entities and
significant supervised groups and the indirect supervision of less significant supervised entities and less significant
groups.
(4) In accordance with Article 5(3) of Regulation (EU) No 1163/2014 (ECB/2014/41), fee amounts related to previous
fee periods that were not collectible, interest payments received in accordance with Article 14 and certain other
amounts received or refunded in accordance with Article 7(3) of that Regulation, if any, should also be taken into
account when determining the annual costs.
(5) In accordance with Article 5(4) of Regulation (EU) No 1163/2014 (ECB/2014/41), within four months after the end
of each fee period, the total amount of the annual supervisory fees for each category of supervised entities and
supervised groups for that fee period should be published on the ECB’s website,
HAS ADOPTED THIS DECISION:
Article 1
Definitions
For the purposes of this Decision, the definitions contained in Regulation (EU) No 468/2014 of the European Central
Bank (ECB/2014/17)(3)and Regulation (EU) No 1163/2014 (ECB/2014/41) shall apply.
(1) OJ L 287, 29.10.2013, p. 63.
(2) Regulation (EU) No 1163/2014 of the European Central Bank of 22 October 2014 on supervisory fees (ECB/2014/41) (OJ L 311,
31.10.2014, p. 23).
(3) Regulation (EU) No 468/2014 of the European Central Bank of 16 April 2014 establishing the framework for cooperation within the
Single Supervisory Mechanism between the European Central Bank and national competent authorities and with national designated
authorities (SSM Framework Regulation) (ECB/2014/17) (OJ L 141, 14.5.2014, p. 1).21.3.2023 EN Official Journal of the European Union L 81/43
Article 2
Total amount of annual supervisory fees for 2022
1. The total amount of annual supervisory fees for 2022 shall be EUR 593 709 671, calculated as shown in the Annex.
2. Each category of supervised entities and supervised groups shall pay the following total amount of annual supervisory
fees:
(a) significant supervised entities and significant supervised groups: EUR 566 725 313;
(b) less significant supervised entities and less significant supervised groups: EUR 26 984 358.
Article 3
Entry into force
This Decision shall enter into force on the fifth day following that of its publication in the Official Journal of the European
Union.
Done at Frankfurt am Main, 28 February 2023.
The President of the ECB
Christine LAGARDEL 81/44 EN Official Journal of the European Union 21.3.2023
ANNEX
Calculation of the total amount of annual supervisory fees for 2022
(EUR)
Less significant
Significant supervised
supervised entities and
entities and significant Total
less significant
supervised groups
supervised groups
Actual annual costs for 2022 566 839 250 26 966 687 593 805 937
Amounts to be taken into account in
accordance with Article 5(3) of Regulation
(EU) No 1163/2014 (ECB/2014/41)
Fee amounts related to previous fee periods that were
not collectible
Interest payments received in accordance with – 113 936 – 20 019 – 133 955
Article 14 of the above Regulation
Amounts received or refunded in accordance with 37 690 37 690
Article 7(3) of the above Regulation
TOTAL 566 725 313 26 984 358 593 709 671
Totals may not add up due to rounding