On 11 March 2024, the European Commission (the Commission) published:

ESMA has a complex fee funding system based on several legal bases in sectoral legislation. There are currently seven delegated acts laying down the calculation and payment modalities of the fees charged to the different types of entities under ESMA’s direct supervision. For example, ESMA charges fees to trade repositories under the European Market Infrastructure Regulation (EMIR) in accordance with Commission Delegated Regulation (EU) No 1003/2013, adopted pursuant to Article 72(3) of EMIR. ESMA also charges fees to trade repositories under the Securities Financing Transactions Regulation (SFTR) in accordance with Commission Delegated Regulation (EU) 2019/360, adopted pursuant to Article 11(2) of the SFTR.

Based on the recommendations from the Internal Audit Service, the European Court of Auditors and the technical advice provided by ESMA, the Commission aims to align technical aspects of the fee collection process across ESMA’s supervisory mandates. This requires amending five out of seven delegated regulations. The delegated regulations on central counterparties and on data reporting service providers will not be included in this exercise as they already converge on the main relevant aspects. The amendments to Delegated Regulations (EU) 1003/2013 and (EU) 2019/360, together with the other delegated acts on fees charged by ESMA, will ensure consistency regarding the notion of applicable turnover, payment modalities and the general budgetary approach and thus reduce the complexity of ESMA’s fees management.

The Delegated Regulations enter into force on the twentieth day following their publication in the Official Journal of the European Union. They shall apply from 1 January 2025.