Source: OJ L, 2024/1503, 30.5.2024Current language: EN
- Markets in crypto-assets
Significant ART/EMT issuer
- Fees charged by the EBA
Article 5 Reimbursement to competent authorities
Summary What does Article 5 of the Fees charged by the EBA say?
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.
Springlex's summary of the article, a reading aid, not a substitute for the legal text.
In case of a delegation of tasks by the EBA to competent authorities in accordance with Article 138 of Regulation (EU) 2023/1114, only the EBA shall charge fees to issuers of significant ARTs and issuers of significant EMTs in respect of the costs incurred in relation to the performance of those tasks.
The EBA shall reimburse a competent authority for the estimated costs incurred as a result of carrying out tasks pursuant to Regulation (EU) 2023/1114 with an amount which fulfils the following conditions:
the amount is agreed by the EBA and the competent authority before the delegation of tasks takes place;
the amount is lower than or equal to the total amount of annual supervisory fee paid to the EBA by the relevant issuers of significant ARTs or issuers of significant EMTs.
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
placing of crypto-assets
Definition
official currency
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distributed ledger
Definition
reception and transmission of orders for crypto-assets on behalf of clients
Definition
exchange of crypto-assets for funds
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consensus mechanism
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operation of a trading platform for crypto-assets
Definition
e-money token
Definition
crypto-asset service
- providing custody and administration of crypto-assets on behalf of clients;
- operation of a trading platform for crypto-assets;
- exchange of crypto-assets for funds;
- exchange of crypto-assets for other crypto-assets;
- execution of orders for crypto-assets on behalf of clients;
- placing of crypto-assets;
- reception and transmission of orders for crypto-assets on behalf of clients;
- providing advice on crypto-assets;
- providing portfolio management on crypto-assets;
- providing transfer services for crypto-assets on behalf of clients;
Definition
offer to the public
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providing advice on crypto-assets
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offeror
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execution of orders for crypto-assets on behalf of clients
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crypto-asset service provider
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crypto-asset
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DLT network node
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funds
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client
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asset-referenced token
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issuer
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exchange of crypto-assets for other crypto-assets
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electronic money token
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providing custody and administration of crypto-assets on behalf of clients
Definition
providing transfer services for crypto-assets on behalf of clients
Definition
distributed ledger technology
Definition
competent authority
- 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;