Decision on the basis for calculation, amount, manner of calculation and payment of the fee for maintaining the license of payment institutions, e‑money institutions and payment system operators

Pursuant to Article 47 paragraph 1 item 6 of the Law on the National Bank of the Republic of North Macedonia (Official Gazette of the Republic of Macedonia No. 158/10, 123/12, 43/14, 153/15, 6/16, 83/18 and Official Gazette of the Republic of North Macedonia No. 110/21) and Article 187 paragraph 2 of the Law on Payment Services and Payment Systems (Official Gazette of the Republic of North Macedonia No. 90/22), the National Bank of the Republic of North Macedonia Council has adopted the following DECISION on the basis for calculation, the amount, the manner of calculation and the manner of payment of the fee for maintaining the license of payment institutions, e-money institutions and payment system operators
I. GENERAL PROVISIONS

1. This Decision lays down the basis for calculation, the amount, the manner of calculation
   and the manner of payment of the fee that the National Bank of the Republic of North Macedonia (hereinafter: the National Bank) charges for the maintenance of the license for providing payment services by payment institutions and e-money institutions and for the maintenance of the payment system operator license. The National Bank shall charge the fee referred to in paragraph 1 of this item to cover the real costs incurred for supervising payment institutions, e-money institutions and payment system operators in accordance with the Law on Payment Services and Payment Systems (hereinafter: the Law).
   II. DEFINITIONS
2. The terms used in this decision shall denote the following:
   2.1. “Fee debtors” shall denote payment institutions, electronic money (e-money)
   institutions and payment system operators to which the National Bank issued a license for providing payment services or issuing e-money and a payment system operator license.
   2.2. “Fee” shall be the amount that is calculated for one calendar year in the manner
   specified in Section IV of this Decision and is charged for the maintenance of the license of the fee debtors.
   III. CALCULATION BASIS
3. The basis for calculation of the annual fee is the amount of the actual costs incurred for
   supervising the fee debtors in one calendar year.

The annual fee is calculated when the calculation basis referred to in paragraph 1 of this item is reduced by the amount of the fees that the National Bank charges for reviewing the applications for issuing licenses and/or approvals to the fee debtors, in accordance with the by-law on the type and amount of the fees for services rendered by the National Bank. The annual fee shall be calculated at a level of two groups of fee debtors, as follows:

• payment institutions and e-money institutions and
• payment system operators.
  The annual fee referred to in paragraph 3 indent 1 of this item shall be distributed separately to payment institutions and e-money institutions in accordance with their share in the total number of registered payment institutions and e-money institutions at the appropriate registries during the calendar year.
  IV. AMOUNT AND MANNER OF CALCUALTION OF THE FEE

4. The annual fee referred to in item 3 paragraph 4 of this Decision that is distributed
   separately among payment institutions shall be distributed to an individual payment institution and e-money institution that also provides payment services, in an amount equal to the sum of a fixed and variable part, as follows:
   a) the fixed part shall be calculated so that 10% of the amount of the annual fee distributed to payment institutions in accordance with item 3 paragraph 4 of this Decision is distributed to the number of payment institutions registered at the registry; b) the variable part shall be calculated so that 90% of the amount of the annual fee distributed to payment institutions in accordance with item 3 paragraph 4 of this Decision is distributed to the individual payment institution and the e-money institution that also provides payment services by applying the following criteria:
   ‐ 50% are distributed to the individual payment institution and the e-money institution that also provides payment services in a percent equal to the percentage share of the number of its payment transactions in the total payment transactions of all payment institutions and e-money institutions that also provide payment services during the calendar year; ‐ 50% are distributed to the individual payment institution and the e-money institution that also provides payment services in a percent equal to the percentage share of the value of its payment transactions in the total value of the executed payment transactions of all payment institutions and e-money institutions that also provide payment services in the calendar year.
5. The annual fee referred to in item 3 paragraph 4 of this Decision that is distributed
   separately to e-money institutions, shall be distributed to the individual e-money institution, in an amount equal to the sum of the fixed and variable part, as follows:
   a) the fixed part shall be calculated so that 10% of the amount of the annual fee distributed to e-money institutions in accordance with item 3 paragraph 4 of this Decision is distributed to the number of e-money institutions registered at the registry;

b) the variable part shall be calculated so that 90% of the amount of the annual fee distributed to e-money institutions in accordance with item 3 paragraph 4 of this Decision is distributed to the individual e-money institution in a percent equal to the average annual share of its issued unused electronic money in the total issued unused electronic money from all e-money institutions in the calendar year.
6. The annual fee referred to in item 3 paragraph 3 indent 2 of this Decision shall be
distributed to the individual payment system operator, in an amount equal to the sum of the fixed and variable part, as follows:
a) the fixed part shall be calculated so that 10% of the amount of the annual fee distributed to payment system operators is distributed to the number of payment systems registered at the appropriate registry maintained by the fee debtors. b) the variable part shall be calculated so that 90% of the amount of the annual fee distributed to payment system operators is distributed to the individual payment system operator by applying the following criteria:
‐ 50% are distributed to the individual payment system operator in a percent equal to the percentage share of the number of its payment transactions in the total payment transactions of all payment system operators that are fee debtors in the calendar year, ‐ 50% are distributed to the individual payment system operator in a percent equal to the percentage share of the value of its payment transactions in the total value of the executed payment transactions of all payment system operators that are fee debtors in the calendar year.
7. For the purposes of the calculation of the amount of the total fee referred to in items 4,
5 and 6 of this Decision, the National Bank uses data on the number and value of payment transactions that the fee debtors submit to the National Bank in accordance with the by-law on the contents, the manner, the form and the deadlines for submission and publication of data and information on payment statistics.
8. In case when there is a new fee debtor or the fee debtor ceases to exist during the
calendar year, the amount of the fixed part of the fee of the fee debtor shall be determined when the calculated fixed part of the fee in accordance with items 4, 5 and 6 of this Decision is divided in twelve months and multiplied by the number of months in which the fee debtor was registered at the appropriate registry. The remaining amount of the fixed part of the fee shall be distributed evenly among the other fee debtors in accordance with items 4, 5 and 6 of this Decision.
9. In case when the National Bank ceases to supervise the fee debtor due to acquisition of
fee debtors, the fee owed by the fee debtor subject to acquisition shall be charged to the acquiring fee debtor.
10. The National Bank shall determine the amount of the fee of each fee debtor in
accordance with items 3, 4, 5 and 6 of this Decision, for the previous year not later than 30 June of the current year.

As an exception to paragraph 1 of this item, the National Bank shall determine the amount of the fee of the fee debtor that ceased to exist at the moment when the National Bank revoked its license.
V. MANNER OF PAYMENT
11. The National Bank shall submit the fee notice to the fee debtor, within fifteen days
from the day of determining the amount of the fee.
The fee notice referred to in paragraph 1 of this item shall determine the manner of payment. The fee debtor shall pay the fee within fifteen days from the day of receipt of the fee notice. If the fee debtor fails to pay the fee within the deadline specified in paragraph 3 of this item, the National Bank shall calculate and charge a legal penalty rate for an overdue payment.
VI. TRANSITIONAL AND CLOSING PROVISIONS
12. The National Bank shall submit the first fee notice for 2023 to the fee debtors not later
than 31 July 2024.
13. This Decision shall enter into force on the eighth day from the day of its publication in
the Official Gazette of the Republic of North Macedonia.
No. 02-1364/3 Anita Angelovska Bezhoska
16 January 2023 Governor and Chairperson
Skopje of the Council of the National Bank of the Republic of North Macedonia