Art. 2 Method of calculation of the annual supervisory fee | Fees charged by the EBA | MiCA

1. The annual supervisory fee for a given issuermeans a natural or legal person, or other undertaking, who issues crypto-assets; of significant ARTs shall be calculated as follows:
  1. expenditure relating to the supervision of issuersmeans a natural or legal person, or other undertaking, who issues crypto-assets; of significant ARTs and EMTs under Regulation (EU) 2023/1114 as included in the EBA’s budget for that year;
  2. the costs referred to in point (a) assigned to issuersmeans a natural or legal person, or other undertaking, who issues crypto-assets; of significant ARTs shall be divided amongst all issuersmeans a natural or legal person, or other undertaking, who issues crypto-assets; of significant ARTs as follows:
    
    $% of costs related to significant ART supervision paid by issuer = \frac{Reserve of significant ART}{Reserves of all significant ARTs}$
  3. if applicable, expenditure that is directly assigned to individual issuersmeans a natural or legal person, or other undertaking, who issues crypto-assets; of significant ARTs will be added to the annual supervisory fee of those issuersmeans a natural or legal person, or other undertaking, who issues crypto-assets; of significant ARTs.
1. The annual supervisory fee for a given issuermeans a natural or legal person, or other undertaking, who issues crypto-assets; of significant EMTs shall be calculated as follows:
  1. staff related and administrative expenditures, costs related to supervisory tasks carried out by competent authoritiesmeans one or more authorities:designated by each Member State in accordance with Article 93 concerning offerors, persons seeking admission to trading of crypto-assets other than asset-referenced tokens and e-money tokens, issuers of asset-referenced tokens, or crypto-asset service providers;designated by each Member State for the application of Directive 2009/110/EC concerning issuers of e-money tokens; pursuant to Article 138 of Regulation (EU) 2023/1114, as well as costs related to IT development and maintenance for the EBA supervision assigned, respectively, to issuersmeans a natural or legal person, or other undertaking, who issues crypto-assets; of significant ARTs and issuersmeans a natural or legal person, or other undertaking, who issues crypto-assets; of significant EMTs;
  2. the costs referred to in point (a) assigned to issuersmeans a natural or legal person, or other undertaking, who issues crypto-assets; of significant EMTs shall then be divided amongst all issuersmeans a natural or legal person, or other undertaking, who issues crypto-assets; of significant EMTs as follows:
    
    $% of costs related to significant EMT supervision paid by issuer = \frac{Size of issuance of significant EMT}{Size of issuance of all significant EMTs}$
  3. if applicable, expenditure that is directly assigned to individual issuersmeans a natural or legal person, or other undertaking, who issues crypto-assets; of significant EMTs will be added to the annual supervisory fee of those issuersmeans a natural or legal person, or other undertaking, who issues crypto-assets; of significant EMTs.
1. For the calculation of the size of the reserve of assetsmeans the basket of reserve assets securing the claim against the issuer; of issuersmeans a natural or legal person, or other undertaking, who issues crypto-assets; of significant ARTs, the EBA shall use data from the latest available independent audit of the reserve of assetsmeans the basket of reserve assets securing the claim against the issuer; as referred to in Article 36(9) of Regulation (EU) 2023/1114.
1. For the calculation of the size of the issuance of issuersmeans a natural or legal person, or other undertaking, who issues crypto-assets; of significant EMTs, the EBA shall use data from the latest available independent audit as referred to in Article 58 of Regulation (EU) 2023/1114.
1. If the reported reserve of assetsmeans the basket of reserve assets securing the claim against the issuer; for significant ARTs or the size of the issuance of significant EMTs are expressed in a currency other than the euro, the EBA shall convert them into an amount in euro using the average euro foreign exchange reference rate applicable to the period during which the values were recorded. For that purpose, the euro foreign exchange reference rate published by the European Central Bank shall be used.
1. By way of derogation from paragraphs 1, 2 and 3, the first-year fee shall be calculated with the following formula by lessening the supervisory fee referred to in paragraphs 1 and 2 with a factor that is equal to the days between the date of transfer of supervision takes effect and the end of the year divided by the total number of days in that year:
2. $Coefficient = \frac{Number of calendar days from the date of transfer of supervision until 31 December}{Number of calendar days in year (n)}$
3. The supervisory fee of the first year shall be paid after an issuermeans a natural or legal person, or other undertaking, who issues crypto-assets; of significant ARTs or an issuermeans a natural or legal person, or other undertaking, who issues crypto-assets; of significant EMTs has been classified by the EBA as significant, as referred to in Articles 43, 44, 56 or 57 of Regulation (EU) 2023/1114 and within 30 days from the date of issuance of the EBA’s relevant invoice.
4. By way of derogation from the first sub-paragraph, where an issuermeans a natural or legal person, or other undertaking, who issues crypto-assets; of significant ARTs or an issuermeans a natural or legal person, or other undertaking, who issues crypto-assets; of significant EMTs is classified as significant, as referred to in Articles 43, 44, 56 or 57 of Regulation (EU) 2023/1114 during the month of December, it shall not pay a supervisory fee for that calendar year.