Artikel 5 Kostenerstattung an zuständige Behörden

This article addresses the financial relationship between the EBA and national competent authorities when supervisory tasks are delegated.

It establishes a clear separation of roles: the EBA remains the sole entity responsible for charging fees to issuers of significant ARTs and EMTs, even when the actual supervisory work has been handed off to a competent authority.

The EBA then handles reimbursement to those competent authorities internally, subject to two specific conditions governing that reimbursement.

This article directly complements Article 2, which sets out how supervisory fees are calculated, by clarifying how the resulting funds flow when delegation is involved.

Important points:

• The EBA is the only body permitted to charge supervisory fees to issuers of significant ARTs and EMTs, even where tasks have been delegated to competent authorities.
• The EBA is required to reimburse competent authorities for costs incurred through delegated tasks, provided the reimbursement amount is agreed before the delegation takes place.
• The reimbursement amount must not exceed the total annual supervisory fees paid to the EBA by the relevant issuers of significant ARTs or EMTs.