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In this act Article 10 of 13

Article 10 — Transitional provision for 2023

Financial servicesLevel 2Delegated RegulationMiFIRIn forceOfficial source

10(1)

1.DRSPs supervised by ESMA as of 1 January 2023 shall be charged an annual supervisory fee for 2023 calculated in accordance with Article 3. However, for the purposes of Article 4(2), the applicable turnover of DRSPs shall be calculated in accordance with paragraph 2.

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10(2)

2.For the purposes of paragraph 1, the applicable turnover of a DRSP shall be the sum of:

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10(2)(a)
(a)the DRSP’s revenues generated from the core functions of the provision of ARM or APA services in the first 6 months of 2022 and
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10(2)(b)
(b)the DRSP’s revenues generated from ancillary services to ARM or APA activities in the first 6 months of 2022,
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divided by the sum of:

10(2)(c)
(c)the total revenues of all authorised ARMs or APAs generated from core functions of provision of ARM or APA services in the first 6 months of 2022 and
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10(2)(d)
(d)the total revenues generated from ancillary services to ARM or APA activities of all ARMs or APAs in the first 6 months of 2022.
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DRSPs shall, by 30 September 2022, inform ESMA about the amount of revenues generated from the core functions of the provision of ARM or APA services in the first 6 months of 2022 and about the amount of the revenues from ancillary services to ARM or APA activities in the first 6 months of 2022.

10(3)

3.As soon as the audited accounts for the year 2022 become available, the DRSPs referred to in paragraph 1 shall immediately report those audited accounts to ESMA in accordance with Article 4(1).

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10(4)

4.ESMA shall calculate whether there is any difference between the annual supervisory fee for 2023 paid by the DRSP in accordance with paragraph 2 and the annual supervisory fee due for 2023 calculated on the basis of the audited accounts received in accordance with paragraph 3.

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10(5)

5.ESMA shall provide the DRSPs a first invoice specifying the amount of the supervisory fee for 2023 as referred to in paragraph 2 at the latest thirty days before the final payment date.

When the information referred to in paragraph 3 is available for all DRSPs, ESMA shall provide the DRSPs a second invoice specifying the final amount of the supervisory fee for 2023 based on the calculation referred to in paragraph 4. ESMA shall provide the DRSPs that invoice at the latest thirty days before the final payment date.

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