Source: OJ L, 2024/1620, 19.6.2024Current language: EN
- Anti-money laundering
Basic legislative acts
- Anti-money laundering authority regulation (AMLAR)
Article 77 Fees levied on selected and non-selected obliged entities
Summary What does Article 77 of the Anti-money laundering authority regulation (AMLAR) say?
This article establishes the supervisory fee mechanism that funds the Authority's work.
It requires the Authority to levy annual fees on both selected and non-selected obliged entities that meet the criteria set out in Article 12(1), with those fees capped at the actual expenditure the Authority incurs for its supervisory tasks.
The detailed methodology for calculating individual fees is delegated to the Commission to define by 1 January 2027, taking into account factors such as turnover, risk profile, and whether an entity is under direct supervision.
Importantly, the article preserves the right of national financial supervisors to levy their own fees under national law for supervisory tasks not transferred to the Authority.
Important points:
- Pay annual supervisory fees to the Authority, calculated at the highest level of consolidation in the Union — both selected and qualifying non-selected obliged entities are subject to this obligation.
- The Commission is required to adopt a delegated act by 1 January 2027 specifying the fee calculation methodology, with non-selected entities capped at paying no more than 20% of the fee rate applied to selected entities with the same income or turnover.
- Member States are required to ensure the fee obligation is enforceable under national law and that due fees are fully paid.
Springlex's summary of the article, a reading aid, not a substitute for the legal text.
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.
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.
The fees shall be calculated at the highest level of consolidation in the Union in accordance with applicable accounting standards.
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.
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.
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:
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;
whether the obliged entity has qualified for direct supervision;
the ML/TF risk profile classification of the obliged entities in accordance with the methodology referred to in Article 12(7), point (b);
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;
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.
Springlex and this text is meant purely as a documentation tool and has no legal effect. No liability is assumed for its content. The authentic version of this act is the one published in the Official Journal of the European Union.
Definition
crypto-asset services
Definition
supervisor
Definition
financial mixed activity holding company
Definition
non-selected obliged entity
Definition
crypto-asset service provider
Definition
credit institution
- a credit institution as defined in Article 4(1), point (1), of Regulation (EU) No 575/2013;
- a branch of a credit institution, as defined in Article 4(1), point (17), of Regulation (EU) No 575/2013, when located in the Union, whether its head office is located in a Member State or in a third country;
Definition
parent undertaking
- for groups whose head office is located in the Union, an obliged entity that is a parent undertaking as defined in Article 2, point (9), of Directive 2013/34/EU that is not itself a subsidiary of another undertaking in the Union, provided that at least one subsidiary undertaking is an obliged entity;
- for groups whose head office is located outside of the Union, where at least two subsidiary undertakings are obliged entities established in the Union, an undertaking within that group established in the Union that:
- is an obliged entity;
- is an undertaking that is not a subsidiary of another undertaking that is an obliged entity established in the Union;
- has a sufficient prominence within the group and a sufficient understanding of the operations of the group that are subject to the requirements of this Regulation; and
- is given the responsibility of implementing group-wide requirements under Chapter II, Section 2 of this Regulation;
Definition
selected obliged entity
Definition
crypto-asset
Definition
property
Definition
group
Definition
financial institution
- an undertaking other than a credit institution or an investment firm, which carries out one or more of the activities listed in points (2) to (12), (14) and (15) of Annex I to Directive 2013/36/EU of the European Parliament and of the Council(32), including the activities of currency exchange offices (bureaux de change), but excluding the activities referred to in point (8) of Annex I to Directive (EU) 2015/2366, or an undertaking the principal activity of which is to acquire holdings, including a financial holding company, a mixed financial holding company and a financial mixed activity holding company;
- an insurance undertaking as defined in Article 13, point (1), of Directive 2009/138/EC of the European Parliament and of the Council(33), insofar as it carries out life or other investment-related assurance activities covered by that Directive, including insurance holding companies and mixed-activity insurance holding companies as defined, respectively, in Article 212(1), points (f) and (g), of Directive 2009/138/EC;
- an insurance intermediary as defined in Article 2(1), point (3), of Directive (EU) 2016/97 where it acts with respect to life insurance and other investment-related insurance services, with the exception of an insurance intermediary that does not collect premiums or amounts intended for the customer and which acts under the responsibility of one or more insurance undertakings or intermediaries for the products which concern them respectively;
- an investment firm as defined in Article 4(1), point (1), of Directive 2014/65/EU of the European Parliament and of the Council(34);
- a collective investment undertaking, in particular:
- an undertaking for collective investment in transferable securities (UCITS) as defined in Article 1(2) of Directive 2009/65/EC and its management company as defined in Article 2(1), point (b), of that Directive or an investment company authorised in accordance with that Directive and which has not designated a management company, that makes available for purchase units of UCITS in the Union;
- an alternative investment fund as defined in Article 4(1), point (a), of Directive 2011/61/EU and its alternative investment fund manager as defined in Article 4(1), point (b), of that Directive that fall within the scope set out in Article 2 of that Directive;
- a central securities depository as defined in Article 2(1), point (1), of Regulation (EU) No 909/2014 of the European Parliament and of the Council(35);
- a creditor as defined in Article 4, point (2), of Directive 2014/17/EU of the European Parliament and of the Council(36) and in Article 3, point (b), of Directive 2008/48/EC of the European Parliament and of the Council(37);
- a credit intermediary as defined in Article 4, point (5), of Directive 2014/17/EU and in Article 3, point (f), of Directive 2008/48/EC, when holding the funds as defined in Article 4, point (25), of Directive (EU) 2015/2366 in connection with the credit agreement, with the exception of the credit intermediary carrying out activities under the responsibility of one or more creditors or credit intermediaries;
- a crypto-asset service provider;
- a branch of a financial institution referred to in points (a) to (i), when located in the Union, whether its head office is located in a Member State or in a third country;
Definition
third country
Definition
funds