Source: OJ L 150, 9.6.2023, pp. 40–205

Current language: EN

Article 137 Supervisory fees


    1. EBA shall charge fees to issuersmeans a natural or legal person, or other undertaking, who issues crypto-assets; of significant asset-referenced tokensmeans a type of crypto-asset that is not an electronic money token and that purports to maintain a stable value by referencing another value or right or a combination thereof, including one or more official currencies; and issuersmeans a natural or legal person, or other undertaking, who issues crypto-assets; of significant e-money tokens. Those fees shall cover EBA’s expenditure for the execution of its supervisory tasks relating to issuersmeans a natural or legal person, or other undertaking, who issues crypto-assets; of significant asset-referenced tokensmeans a type of crypto-asset that is not an electronic money token and that purports to maintain a stable value by referencing another value or right or a combination thereof, including one or more official currencies; and issuersmeans a natural or legal person, or other undertaking, who issues crypto-assets; of significant e-money tokens in accordance with Articles 117 and 119, as well as the reimbursement of costs that the 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; might incur carrying out work under this Regulation, in particular as a result of any delegation of tasks in accordance with Article 138.

    1. The amount of the fee charged to an individual issuermeans a natural or legal person, or other undertaking, who issues crypto-assets; of a significant asset-referenced tokenmeans a type of crypto-asset that is not an electronic money token and that purports to maintain a stable value by referencing another value or right or a combination thereof, including one or more official currencies; shall be proportionate to the size of its reserve assets and shall cover all costs incurred by EBA for the performance of its supervisory tasks under this Regulation.

    2. The amount of the fee charged to an individual issuermeans a natural or legal person, or other undertaking, who issues crypto-assets; of a significant e-money token shall be proportionate to the size of issuance of the e-money token in exchange for fundsmeans funds as defined in Article 4, point (25), of Directive (EU) 2015/2366; and shall cover all costs derived from the execution of EBA’s supervisory tasks under this Regulation, including the reimbursement of any costs incurred as a result of the execution of those tasks.

    1. The Commission shall adopt a delegated act in accordance with Article 139 by 30 June 2024 to supplement this Regulation by specifying further the type of fees, the matters for which fees are due, the amount of the fees and the manner in which they are to be paid and the methodology to calculate the maximum amount per entity referred to in paragraph 2 of this Article that can be charged by EBA.

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