Rule · NBB · 1 Aug 2012
The decree establishes the framework for financial institutions to cover the operating costs of the National Bank of Belgium related to supervision and resolution activities. It mandates that insurance, banking, and other financial entities pay annual contributions calculated based on specific cost allocation methods, premiums, or assets. The text defines contribution formulas, payment deadlines, prorata rules for new or ceased entities, and procedures for handling unrecoverable debts.
2012003211
17 JULY 2012. - [Royal Decree of 17 July 2012 on covering the operating costs of the National Bank of Belgium related to the supervision of financial institutions and its missions as a resolution authority, in implementation of articles 8, § 4, 12bis, § 4, and 12ter, § 2, of the law of 22 February 1998 fixing the organic statute of the National Bank of Belgium] <AR 2026-03-11/05, art. 1, 006; In force: 03-01-2026> <AR 2015-07-05/05, art. 1, 004; In force: 01-01-2015> (NOTE: Consultation of versions prior to 01-08-2012 and updated as of 23-03-2026)
Source: Finances
Publication: 1 August 2012
Number: 2012003211
page: 45473
File number: 2012-07-17/06
Entry into force: 1 January 2012
This text modifies the following text:
CHAPTER I. - General provisions
Art. 1, 1/1, 1/2, 1/3
CHAPTER II. - Covering the operating costs of the Bank related to the supervision of the insurance sector Art. 2-5 CHAPTER III. - Covering the operating costs of the Bank related to the supervision of the banking sector Art. 6-12 CHAPTER IV. - Covering the operating costs of the Bank related to the supervision of other sectors Art. 13-14, 14/1, 14/2, 14/3, 14/4, 14/5, 15 CHAPTER IV/1. [1 - Covering the operating costs of the Bank related to its missions as a resolution authority]1 Art. 15/1, 15/2, 15/3, 15/4, 15/5 CHAPTER IV/2. [1 Covering the operating costs related to the supervision of issuers of tokens referencing one or more assets, issuers of electronic money tokens and providers of services on crypto-assets]1 Art. 15/6, 15/7, 15/8, 15/9, 15/10 CHAPTER IV/3. [1 Covering the operating costs related to the supervision of providers of systemic importance financial messaging services]1 Art. 15/11 CHAPTER V. - Miscellaneous provisions Art. 16-21
CHAPTER I. - General provisions
Article 1st.The operating costs of the National Bank of Belgium (hereinafter the Bank) related to the supervision of financial institutions are borne by said institutions in accordance with the provisions of this decree.
The Bank determines annually, for the contributing sectors referred to in Chapters II and III, the amount they are liable for to cover the operating costs related to the supervision of these sectors during the previous calendar year. The operating costs related to supervision include personnel costs, management costs, depreciation of tangible and intangible fixed assets, and other costs to be charged to the supervision of financial institutions. This allocation is made using a cost calculation application. The method applied by the Bank for calculating the actual annual operating costs per sector, as well as the sectoral contributions thus determined, are certified each year by the Bank's statutory auditor. The amounts are explained in the Bank's annual accounts. [1 In addition, the Bank's statutory auditor carries out, every three years, a control of these amounts in accordance with the international audit standards referred to in Article 26, paragraph 2, of Directive 2006/43/EC of the European Parliament and of the Council of 17 May 2006 on statutory audits of annual accounts and consolidated accounts, amending Council Directives 78/660/EEC and 83/349/EEC, and repealing Council Directive 84/253/EEC.]1 All nominal amounts indicated in this decree are adjusted on 31 December of each year to the evolution of the consumer price index. The reference index taken into consideration for this purpose is that relating to the month of December 2011. The impact of this evolution is certified each year by the Bank's statutory auditor.
(1)<AR 2023-04-25/10, art. 1, 005; In force: 04-08-2023>
Art. 1/1.[1 The operating costs of the Bank related to its missions as a resolution authority are borne by the establishments subject to the legislation referred to in Article 12ter, § 1st, of the law of 22 February 1998 fixing the organic statute of the National Bank of Belgium, in accordance with the provisions of this decree. The Bank determines each year the global amount that the establishments referred to in the first paragraph are liable for to cover the operating costs related to the Bank's missions as a resolution authority for the previous calendar year. These operating costs include personnel costs, management costs, depreciation of tangible and intangible fixed assets, and other costs to be charged to the Bank's missions as a resolution authority. This allocation is carried out using a cost calculation application. The method applied by the Bank for calculating the actual global annual operating costs, as well as the global contribution thus determined, are certified annually by the Bank's statutory auditor. The amounts are explained in the Bank's annual accounts.]1 [2 In addition, the Bank's statutory auditor carries out, every three years, a control of these amounts in accordance with the international audit standards referred to in Article 26, paragraph 2, of Directive 2006/43/EC of the European Parliament and of the Council of 17 May 2006 on statutory audits of annual accounts and consolidated accounts, amending Council Directives 78/660/EEC and 83/349/EEC, and repealing Council Directive 84/253/EEC.]2
(1)<Inserted by AR 2015-07-05/05, art. 2, 004; In force: 01-01-2015> (2)<AR 2023-04-25/10, art. 2, 005; In force: 04-08-2023>
Art. 1/2.[1 If, in accordance with the provisions of Chapters II, III, IV or IV/1, the contribution obligation of an establishment referred to in Articles 1st or 1/1 begins or ends during the calendar year, the establishment concerned is only required to pay a contribution for that year on a pro-rata basis for the part of the year during which it effectively carries out activities. For each month of the calendar year during which the establishment carries out activities, a twelfth is charged to obtain the ratio applied to the distribution criteria determined in each chapter for the respective types of establishments.]1 [2 If the establishment ceases its activities during a calendar year, the calculation of the contribution described is based on the figures from the last quarterly report.]2
(1)<Inserted by AR 2023-04-25/10, art. 3, 005; In force: 04-08-2023> (2)<AR 2026-03-11/05, art. 2, 006; In force: 01-01-2026>
[Art.](#Art. 1/2.) 1/3. [1 If an establishment referred to in Articles 1st or 1/1 does not make the payment of the required contribution in accordance with Chapters II, III, IV or IV/1 and the corresponding debt proves to be definitively unrecoverable, in whole or in part, the amount concerned is added to the operating costs of the current calendar year. Definitive unrecoverability within the meaning of this decree designates the situation in which the General Administration for Collection and Recovery of the Federal Public Service Finances has closed the collection procedure for the mandatory contribution from the establishments concerned without obtaining full payment of the debt, or, if the debt is not recovered by the General Administration for Collection and Recovery of the Federal Public Service Finances and an insolvency or liquidation procedure has been opened against the establishment, the situation in which this procedure has been closed without obtaining full payment of the debt.]1
(1)<Inserted by AR 2023-04-25/10, art. 4, 005; In force: 04-08-2023>
CHAPTER II. - Covering the operating costs of the Bank related to the supervision of the insurance sector
Art. 2.§ 1st. [1 Insurance and reinsurance companies established in Belgium pay annually to the Bank a common sectoral contribution covering the operating costs of the Bank for the supervision of the insurance sector during the previous calendar year as determined in accordance with Article 1st, paragraph 2.]1 § 2. The sectoral contribution referred to in § 1st is distributed as follows among the companies concerned:
1° All companies referred to in § 1st first pay a flat-rate contribution of 500 EUR; 2° [1 ...]1 3° The difference between the sectoral contribution fixed in § 1st and the total of the flat-rate contributions referred to [1 in point 1°]1 is distributed among the companies referred to in § 1st in proportion to their premiums or contributions as attested by their latest available annual accounts, and taking into account the following distinction:
a) for the operations of Belgian law companies: premiums or contributions are taken into account in their entirety, except those relating to reinsurance operations, which are taken into account to the extent of 30%; b) for operations in Belgium of agencies or branches established in Belgium of companies subject to the law of a Member State of the European Economic Area: premiums or contributions are taken into account to the extent of 30%. § 3. For the application of this article, premiums and contributions shall mean the algebraic sum of the amounts recorded under the items 'premiums written' (710.11, 720.11) and 'change in premiums outstanding' (710.12, 720.12) of Chapter II, Section II, I. - Detailed non-life technical account and II. - Detailed life technical account, of the annex to the Royal Decree of 17 November 1994 on the annual accounts of insurance companies. § 4. Insurance and reinsurance companies whose authorization has been withdrawn or revoked or which renounce it, remain liable for contributions as long as, after the withdrawal, revocation or renunciation, they remain subject to the supervision of the Bank in accordance with Article [1 545 of the law of 13 March 2016 on the status and supervision of insurance or reinsurance companies]1. § 5. Each year, the Bank informs the companies referred to in § 1st, no later than 1 September, of the amount they are liable for under this article. The companies in question pay these contributions no later than 30 September of the same year.
(1)<AR 2023-04-25/10, art. 5, 005; In force: 04-08-2023>
Art. 3.
<Abrogated by AR 2023-04-25/10, art. 6, 005; In force: 04-08-2023>
Art. 4.
<Abrogated by AR 2023-04-25/10, art. 7, 005; In force: 04-08-2023>
Art. 5.The Bank may charge a company referred to in Article 2, § 1st, with exceptional supervision costs and charges that it had to incur under [1 articles 304, paragraph 2, and 310, § 1st, of the law of 13 March 2016 on the status and supervision of insurance or reinsurance companies]1 or for the reprocessing of information transmitted by supervised companies in a non-standardized format. The method applied by the Bank for calculating the contributions referred to in paragraph 1, as well as the contributions thus determined, are certified by the Bank's statutory auditor. The contributions due under this article are paid within the month following the payment invitation made by the Bank.
(1)<AR 2023-04-25/10, art. 8, 005; In force: 04-08-2023>
CHAPTER III. - Covering the operating costs of the Bank related to the supervision of the banking sector
Art. 6.[1 Credit institutions and investment companies with stock exchange company status, established in Belgium, pay annually to the Bank a common sectoral contribution covering the operating costs of the Bank for the supervision of the credit institution and stock exchange company investment sector during the previous calendar year as determined in accordance with Article 1st, paragraph 2.]1
(1)<AR 2023-04-25/10, art. 6, 005; In force: 04-08-2023>
[Art. 7].§ 1. The sectoral contribution referred to in Article 6 is distributed as follows among the undertakings referred to in that Article 6:
1° All undertakings referred to in Article 6 first pay a fixed contribution of EUR 2,000; 2° The undertakings referred to in Article 6 [2] which, in accordance with Article 12 of Annex IV of the Law of 25 April 2014 on the status and supervision of credit institutions, are qualified as domestic systemically important institutions ('Domestic SII') or global systemically important institutions ('Global SII') [2] then pay an additional fixed contribution of EUR 50,000. This contribution increases to EUR 100,000 for the undertakings referred to in Article 6 [2] which are qualified as Domestic SII or Global SII [2] and whose total assets exceed EUR 50 billion on a consolidated basis. This contribution increases to EUR 300,000 for the undertakings referred to in Article 6 [2] which are qualified as Domestic SII or Global SII [2] and whose total assets exceed EUR 100 billion on a consolidated basis; 3° The difference between the sectoral contribution referred to in Article 6 and the total of the fixed contributions referred to in points 1° and 2° above is distributed among the undertakings referred to in Article 6 in accordance with § 2.
§ 2. Half of the difference referred to in § 1, 3°, is distributed among all credit institutions and investment firms with the status of stock exchange companies in proportion to [2] their respective capital requirements [2] and taking into account the following distinction:
[2] [3] For credit institutions, the amount of regulatory capital taken into consideration corresponds to the higher of the following two amounts:
[3] The relevant requirements are based on the situation on 31 December of the preceding calendar year or on the date of closure of the financial year of the establishment during that same calendar year [3].
If an establishment referred to in Article 6 and authorized in Belgium is not subject to capital requirements on an individual basis but prudential capital requirements are imposed at a higher consolidated level, the ratio between the total assets of the establishment concerned and the consolidated total assets of its parent company is calculated and this ratio is applied to the consolidated capital requirement applicable. The result of this calculation is taken as the basis for determining the part of the contribution of that establishment calculated pro rata to the capital requirements [2].
A quarter of the difference referred to in § 1, 3°, is distributed among all credit institutions and investment firms with the status of stock exchange companies in proportion to their positive gross income as at 31 December of the preceding year [3] or on the date of the preceding calendar year on which the establishment closed its financial year [3] and realized during the previous twelve months, and taking into account the following distinction:
By gross income of credit institutions is meant, the banking income, less the interest result as established on the basis of the periodic statements transmitted to the Bank.
By gross income of investment firms with the status of stock exchange companies and branches of investment firms with the status of stock exchange companies subject to the law of another Member State of the European Economic Area is meant, the total operating income, less the interest result insofar as it is included in the operating income and increased by the income from financial fixed assets as established on the basis of the periodic statements transmitted to the Bank.
The contributions borne by credit institutions and investment firms with the status of stock exchange companies subject to the law of another Member State of the European Economic Area are, for the application of the three preceding paragraphs, determined on the basis of one third of the amount of positive gross income.
A quarter of the difference referred to in § 1, 3°, is distributed among all credit institutions and investment firms with the status of stock exchange companies in proportion to their total assets as at 31 December of the preceding year [3] or on the date of the preceding calendar year on which the establishment closed its financial year [3], and taking into account the following distinction:
The contributions borne by credit institutions and investment firms with the status of stock exchange companies subject to the law of another Member State of the European Economic Area are, for the application of the preceding paragraph, determined on the basis of one third of their total assets.
[3] § 3. To the extent that a credit institution subsequently makes corrections to the figures relating to capital requirements, gross income and total assets as established at the dates mentioned in paragraph 2, only the corrections made up to 15 June of the calendar year in which the contributions for the preceding calendar year are calculated are taken into account for the calculation of the contributions to operating costs [3].
(1)AR 2015-07-05/05, art. 3, 004; En vigueur : 24-07-2015 (2)AR 2023-04-25/10, art. 10, 005; En vigueur : 04-08-2023 (3)AR 2026-03-11/05, art. 3, 006; En vigueur : 01-01-2026
[Art. 8].Credit institutions and investment firms with the status of stock exchange companies whose authorization has been withdrawn or revoked remain liable for the contributions as long as, after the aforementioned withdrawal or revocation, they remain subject to the supervision of the Bank in accordance with the [1] Article 238 of the Law of 25 April 2014 on the status and supervision of credit institutions [1] or to [2] Article 207 of the Law of 20 July 2022 on the status and supervision of stock exchange companies and containing various provisions [2].
(1)AR 2015-07-05/05, art. 4, 004; En vigueur : 24-07-2015 (2)AR 2023-04-25/10, art. 11, 005; En vigueur : 04-08-2023
[Art. 9].Each year, the Bank informs the undertakings referred to in Article 6, no later than 1 September, of the amount they are liable for under Article 7.
The undertakings in question pay these contributions no later than 30 September of the same year.
[Art. 10].
<Abrogé par AR 2023-04-25/10, art. 12, 005; En vigueur : 04-08-2023>
[Art. 11].
<Abrogé par AR 2023-04-25/10, art. 13, 005; En vigueur : 04-08-2023>
[Art. 12].The Bank may charge an undertaking referred to in Article 6 with exceptional supervision costs and charges that it had to incur under the [1] Articles 135, paragraph 2, 2° and 3°, and 140, paragraph 1, of the Law of 25 April 2014 on the status and supervision of credit institutions [1], [2] under Articles 121, paragraph 2, 2° and 3°, and 129, paragraph 1, of the Law of 20 July 2022 on the status and supervision of stock exchange companies and containing various provisions [2] or for the reprocessing of information transmitted by supervised undertakings in a non-standardized format. The method applied by the Bank for the calculation of the contributions referred to in paragraph 1, as well as the contributions thus determined, are certified by the Bank's external auditor. The contributions due under this Article are paid within one month following the payment invitation made by the Bank.
(1)AR 2015-07-05/05, art. 5, 004; En vigueur : 24-07-2015 (2)AR 2023-04-25/10, art. 14, 005; En vigueur : 04-08-2023
CHAPTER IV. - Coverage of the Bank's operating costs related to the supervision of other sectors
[Art. 13].§ 1. [2] Central counterparties established in Belgium that hold an authorization under Article 36/25, § 2, of the Law of 22 February 1998 on the organic status of the National Bank of Belgium pay an annual contribution of EUR 200,000.
This contribution is not due by central counterparties that are liable for a contribution of at least EUR 200,000 to the Bank under Chapter III of this Decree [2].
§ 2. [2] Central securities depositories established in Belgium that hold an authorization under Article 36/26/1, § 1, of the Law of 22 February 1998 on the organic status of the National Bank of Belgium pay an annual contribution of EUR 200,000.
Establishments established in Belgium that provide support to a central securities depository and that hold an authorization under Article 36/26/1, § 4 and § 5, of the Law of 22 February 1998 on the organic status of the National Bank of Belgium pay an annual contribution of EUR 200,000.
The contribution fixed by paragraphs 1 and 2 is not due by central securities depositories and establishments providing support that are liable for a contribution of at least EUR 200,000 to the Bank under Chapter III.
Branches established in Belgium of foreign establishments that provide support to a central securities depository and that are subject to the supervision of the Bank pay an annual contribution of EUR 200,000 [2].
§ 3. The undertakings referred to in §§ 1 and 2 which, in accordance with Article 36/3, § 2, of the Law of 22 February 1998 on the organic status of the National Bank of Belgium, are considered [1] by the Bank [1] as having a systemic character pay an additional fixed contribution of EUR 100,000. [2] If, within the same group, several establishments within the meaning of §§ 1 and 2 are considered as having a systemic character, only one of these establishments must pay the additional fixed contribution [2]. This contribution is not due by the undertakings referred to in §§ 1 and 2 that are considered as having a systemic character and that are part of a group in which there is a credit institution or an investment firm with the status of a stock exchange company [2] that pays a fixed contribution within the meaning of Article 7, § 1, 2° [2].
§ 4. Each year, the Bank informs the establishments referred to in §§ 1 to 3, no later than 1 September, of the amount they are liable for under this Article. The establishments in question pay these contributions no later than 30 September of the same year.
§ 5. The Bank may charge an establishment referred to in §§ 1 to 3 with exceptional costs that it had to incur for the supervision referred to in Chapter IV/2 of the Law of 22 February 1998 on the organic status of the National Bank of Belgium. The method applied by the Bank for the calculation of the contributions referred to in this paragraph, as well as the contributions thus determined, are certified by the external auditor of the Bank. The contributions due under this paragraph are paid within one month following the payment invitation made by the Bank.
(1)AR 2013-12-21/15, art. 1, 003; En vigueur : 30-12-2013 (2)AR 2023-04-25/10, art. 15, 005; En vigueur : 04-08-2023
[Art. 14].[[1] § 1. Payment institutions and electronic money institutions established in Belgium and referred to respectively in Article 8, § 1, 1°, and Article 166, § 1, 1°, of the Law of 11 March 2018 on the status and supervision of payment institutions and electronic money institutions, on access to the activity of payment service providers, and on the activity of electronic money issuance, and on access to payment systems, with the exception of those referred to in Article 14/1, pay an annual fixed contribution of EUR 10,000. The establishments referred to in paragraph 1 also pay an annual variable contribution of 0.5% of their own funds. For the application of paragraph 2, the own funds taken into consideration are those relating to the situation on 31 December of the preceding year in accordance, for payment institutions, with Article 9 of the Bank's Regulation of 10 April 2018 on the own funds of payment institutions, and, for electronic money institutions, with Article 6 of the Bank's Regulation of 2 October 2018 concerning the own funds of electronic money institutions and the placement of funds received in exchange for electronic money issued. The establishments referred to in paragraph 1 pay an annual contribution of EUR 10 per agent to which they resort in Belgium and in the EEA.
§ 2. When the Bank grants an authorization within the meaning of Article 12 or Article 169 of the aforementioned Law of 11 March 2018 to the establishments referred to in paragraph 1, it requests, following this authorization, the payment of a contribution of EUR 5,000 [1].
(1)AR 2023-04-25/10, art. 16, 005; En vigueur : 04-08-2023
[Art. 14/1].[[1] § 1. Payment institutions established in Belgium and referred to in Article 8, § 1, 1°, of the Law of 11 March 2018 on the status and supervision of payment institutions and electronic money institutions, on access to the activity of payment service providers, and on the activity of electronic money issuance and on access to payment systems, which exclusively offer payment initiation services or payment initiation and account information services, pay an annual fixed contribution of EUR 10,000. The fixed contribution referred to in paragraph 1 is increased by an annual variable contribution of 0.10% on the amount of the minimum professional liability insurance referred to in Article 18 of the Law of 11 March 2018, calculated on the basis of the guidelines established by the European Banking Authority under Article 5, paragraph 4, of Directive (EU) 2015/2366 of the European Parliament and of the Council of 25 November 2015 on payment services in the internal market, amending Directives 2002/65/EC, 2009/110/EC and 2013/36/EU and Regulation (EU) No 1093/2010, and repealing Directive 2007/64/EC. The establishments referred to in paragraph 1 pay an annual contribution of EUR 10 per agent to which they resort in Belgium and in the EEA.
§ 2. When the Bank grants an authorization within the meaning of Article 12 to the establishments referred to in paragraph 1, it requests, following this authorization, the payment of a contribution of EUR 5,000 [1].
(1)Inserted by AR 2023-04-25/10, art. 1, 005; En vigueur : 04-08-2023
[Art. 14/2].[[1] Limited payment institutions and limited electronic money institutions referred to respectively in Article 8, § 1, 2°, a), and Article 166, § 1, 2°, of the Law of 11 March 2018 on the status and supervision of payment institutions and electronic money institutions, on access to the activity of payment service providers, and on the activity of electronic money issuance, and on access to payment systems, pay an annual contribution of EUR 2,500. The establishments referred to in paragraph 1 pay an annual contribution of EUR 10 per agent to which they resort in Belgium [1].
(1)Inserted by AR 2023-04-25/10, art. 16, 005; En vigueur : 04-08-2023
[Art. 14/2.) 14/3.][1] Payment institutions established in Belgium and offering account aggregation services referred to in Article 8, § 1, 2°, b), of the Law of 11 March 2018 on the status and supervision of payment institutions and electronic money institutions, on access to the activity of payment service providers, and on the activity of electronic money issuance and access to payment systems, pay an annual contribution of 2,500 EUR. Payment institutions referred to in the first paragraph pay an annual contribution of 10 EUR per agent to which they resort in Belgium and in the EEA.[1]
(1)Inserted by Royal Decree 2023-04-25/10, art. 16, 005; Effective: 04-08-2023>
[Art. 14/3.) 14/4.][1] § 1. Branches established in Belgium of payment institutions and electronic money institutions subject to the law of another EEA Member State and referred to respectively in Article 120 and Article 218 of the Law of 11 March 2018 on the status and supervision of payment institutions and electronic money institutions, on access to the activity of payment service providers, and on the activity of electronic money issuance and access to payment systems, pay an annual contribution of 2,500 EUR. § 2. Payment institutions and electronic money institutions subject to the law of another EEA Member State and exercising activities in Belgium through agents pay an annual contribution of 10 EUR per agent to which they resort in Belgium, with a minimum total annual contribution of 500 EUR.[1]
(1)Inserted by Royal Decree 2023-04-25/10, art. 16, 005; Effective: 04-08-2023>
[Art. 14/4.) 14/5.][1] The Bank annually notifies the institutions, no later than 1 September, of the amount they owe in accordance with Articles 14 to 14/4. The concerned institutions pay these amounts no later than 30 September of the same year.[1]
(1)Inserted by Royal Decree 2023-04-25/10, art. 16, 005; Effective: 04-08-2023>
[Art. 14/5.) 15. Mutual guarantee societies defined in Article 57 of the Law of 10 February 1998 on the promotion of independent business pay an annual contribution amounting to 0.3% of the premiums received the previous year, with a minimum of 350 EUR and a maximum of 3,500 EUR.
Each year, the Bank informs the institutions referred to in the first paragraph, no later than 1 September, of the amount they owe under this article. The institutions in question pay these contributions no later than 30 September of the same year.
[CHAPTER IV/1.][1] - Coverage of the Bank's operating costs related to its missions as a resolution authority[1]
(1)Inserted by Royal Decree 2015-07-05/05, art. 6, 004; Effective: 01-01-2015>
[Art. 15] 15/1.[[1][2] Institutions established in Belgium [[2][2] for which the Bank intervenes in its capacity as a resolution authority pursuant to Article 12ter, § 1, of the Law of 22 February 1998 establishing the organic status of the National Bank of Belgium pay each year [[2][2] a contribution to the Bank which [[2][2] [[2][2] covers the][2] actual operating costs of the Bank determined in accordance with Article 1/1, paragraph 2, relating to the Bank's missions as a resolution authority for the previous calendar year. [[2][2] The following institutions are not required to pay a contribution under this chapter:
(1)Inserted by Royal Decree 2015-07-05/05, art. 6, 004; Effective: 01-01-2015> (2)<AR 2023-04-25/10, art. 17, 005; Effective: 04-08-2023>
[Art. 15/1) 15/2.][[1][2] The contribution[[2] referred to in Article 15/1, first paragraph, is distributed among the institutions referred to in Article 15/1, in accordance with the criteria and weighting provided for in Article 7, § 2.][1]
(1)Inserted by Royal Decree 2015-07-05/05, art. 6, 004; Effective: 01-01-2015> (2)<AR 2023-04-25/10, art. 18, 005; Effective: 04-08-2023>
[Art. 15/2) 15/3.][1] Each year, the Bank informs the institutions referred to in Article 15/1, no later than 1 September, of the amount they owe under Article 15/2.
The institutions in question pay these contributions no later than 30 September of the same year.[1]
(1)Inserted by Royal Decree 2015-07-05/05, art. 6, 004; Effective: 01-01-2015>
[Art. 15/3) 15/4.
<Abrogé par AR 2023-04-25/10, art. 19, 005; En vigueur : 04-08-2023>
[Art. 15/4) 15/5.
<Abrogé par AR 2023-04-25/10, art. 19, 005; En vigueur : 04-08-2023>
[CHAPTER IV/2.][1] Coverage of operating costs related to the supervision of issuers of tokens referencing one or more assets, electronic money token issuers, and crypto-asset service providers[1]
(1)Inserted by Royal Decree 2026-03-11/05, art. 4, 006; Effective: 03-01-2026>
[Art. LNK0007) 15/6.][1] 1° "Regulation (EU) 2023/1114": Regulation (EU) 2023/1114 of the European Parliament and of the Council of 31 May 2023 on markets in crypto-assets and amending Regulations (EU) No 1093/2010 and (EU) No 1095/2010 as well as Directives 2013/36/EU and (EU) 2019/1937; 2° "Law of 11 December 2025": the Law of 11 December 2025 implementing Regulation (EU) 2023/1114 of the European Parliament and of the Council of 31 May 2023 on markets in crypto-assets, and amending Regulations (EU) 1093/2010 and (EU) 1095/2010 and Directives 2013/36/EU and (EU) 2019/1937, and Regulation (EU) 2023/1113 of the European Parliament and of the Council of 31 May 2023 on information accompanying transfers of funds and certain crypto-assets, and amending Directive (EU) 2015/849 and providing various financial provisions.[1]
(1)Inserted by Royal Decree 2026-03-11/05, art. 4, 006; Effective: 03-01-2026>
[Art. 15/6. ) 15/7.][1] § 1. Issuers of tokens referencing one or more assets who, pursuant to Article 4 of the Law of 11 December 2025, are subject to the supervision of the Bank and who do not have a status providing for full recovery of operating costs in accordance with Chapters II and III of this decree, pay each year to the Bank a contribution of 20,000 EUR, increased by an amount corresponding to 0.5% of their prudential own funds. § 2. When the Bank grants the institutions referred to in paragraph 1 an authorization within the meaning of Article 12 of the Law of 11 December 2025 and within the meaning of Article 21 of Regulation (EU) 2023/1114, it demands, upon the granting of this authorization, a contribution of 30,000 EUR from these institutions.[1]
(1)Inserted by Royal Decree 2026-03-11/05, art. 4, 006; Effective: 03-01-2026>
[Art. 15/7.) 15/8.][1] § 1. Electronic money token issuers who are subject to the supervision of the Bank pursuant to Article 16 of the Law of 11 December 2025 and who do not have the status of a credit institution, pay an annual contribution corresponding to 0.25% of their prudential own funds.
§ 2. The Bank charges the institutions referred to in paragraph 1 a contribution of 10,000 EUR upon the evaluation of the white paper within the meaning of Article 16 of the Law of 11 December 2025.[1]
(1)Inserted by Royal Decree 2026-03-11/05, art. 4, 006; Effective: 03-01-2026>
[Art. 15/8.) 15/9.][1] § 1. Crypto-asset service providers who are subject to the supervision of the Bank pursuant to Article 18 of the Law of 11 December 2025 and who do not have a status providing for full recovery of operating costs in accordance with Chapters II and III of this decree, pay annually a contribution of 20,000 EUR, increased by an amount corresponding to 0.05% of the average daily number of tokens processed, where this average is calculated over the entire calendar year to which the contribution relates. § 2. The Bank charges the institutions referred to in paragraph 1 a contribution of 30,000 EUR upon the examination of the file submitted pursuant to Article 24 of the Law of 11 December 2025 and Article 60.8 of Article 21 of Regulation (EU) 2023/1114, or upon the granting of an approval within the meaning of Article 25 of the Law of 11 December 2025 and Article 63.9 of Article 21 of Regulation (EU) 2023/1114.[1]
(1)Inserted by Royal Decree 2026-03-11/05, art. 4, 006; Effective: 03-01-2026>
[Art. 15/9.) 15/10.][1] The contributions provided for in this chapter apply cumulatively, in that an institution subject to the scope of several articles of this chapter is required to pay each of the contributions provided for by these articles. These contributions are in addition to other contributions that the institution must pay to the Bank under this decree.[1]
(1)Inserted by Royal Decree 2026-03-11/05, art. 4, 006; Effective: 03-01-2026>
[CHAPTER IV/3.][1] Coverage of operating costs related to the supervision of systemic financial messaging service providers[1]
(1)Inserted by Royal Decree 2026-03-11/05, art. 5, 006; Effective: 01-01-2026>
[Art. LNK0008) 15/11.][1] Each provider of systemic importance as defined in Article 3, 6° of the Law of 25 May 2025 on the supervision of financial messaging service providers pays an annual contribution of 664,000 EUR to the Bank.[1]
(1)Inserted by Royal Decree 2026-03-11/05, art. 5, 006; Effective: 01-01-2026>
[CHAPTER V.][LNKR0006] - Miscellaneous Provisions
[Art. 15/5) 16. The contributions fixed by this decree are paid into the Bank's account according to the procedures determined by the Bank.
[Art. 16) 17. Persons required to pay the contributions fixed by this decree communicate to the Bank, according to the procedures and within the time limits determined by the Bank, the information necessary for the calculation of these contributions.
[Art. 17) 18. Institutions that do not respond within the time limits fixed by this decree to the payment invitation made by the Bank receive from the latter a registered letter putting them on notice to make payment within thirty days following the date of said registered letter. At the expiration of this period, institutions remaining in default are automatically, and without further notice, liable for legal interest on the amounts due. The applicable interest rate is the commercial legal interest rate as determined based on the Law of 2 August 2002 concerning the fight against late payment in commercial transactions.
[Art. 18) 19. Article 58 of the Royal Decree of 30 April 1999 regulating the status and supervision of mutual guarantee societies is repealed.
[Art. 19) 20. This decree takes effect on 1 January 2012, it being understood that, for the first application of Articles 3 and 4 in September 2012, the words " pursuant to Article 2 for a given year " mean " in 2011 " and that, for the first application of Articles 10 and 11 in September 2012, the words " pursuant to Article 7 for a given year " mean " in 2011 ". For the first application, in September 2012, of Articles 2, § 1, and 6, the actual operating costs of the Bank for supervision during the calendar year 2011 must be prorated from nine to twelve months. [[1][1] For the first application, in September 2015, of Article 15/1, the advance is calculated by multiplying the actual costs for the first six months of 2015, prorated over twelve months, by 90%.][1]
(1)AR 2015-07-05/05, art. 7, 004; Effective: 01-01-2015>
[Art. 20) 21. The Minister responsible for Finance is charged with the execution of this decree.
Given in Brussels, on 17 July 2012.
ALBERT
By the King:
The Deputy Prime Minister and Minister of Finance, S. VANACKERE
ALBERT II, King of the Belgians,
To all, present and future, Greetings.
Having regard to the Law of 22 February 1998 establishing the organic status of the National Bank of Belgium, Article 12bis, § 4, inserted by Article 187 of the Royal Decree of 3 March 2011 implementing the evolution of the financial sector's supervision structures; Having regard to the Law of 10 February 1998 on the promotion of independent business, Article 57; Having regard to the Royal Decree of 30 April 1999 regulating the status and supervision of mutual guarantee societies; Having regard to the opinion of the European Central Bank, given on 10 May 2012; Having regard to Opinion 51.479/2 of the Council of State, given on 2 July 2012, pursuant to Article 84, § 1, 1°, of the coordinated Laws on the Council of State of 12 January 1973; On the proposal of the Minister of Finance, We have decreed and decree:
Articles modified:
TITLE; 1/2; 7; 15/6-15/10; 15/11
Articles modified:
1; 1/1; 1/2; 1/3; 2; 3; 4; 5; 6; 7; 8; 10; 11; 12; 13; 14-14/5; 15/1; 15/2; 15/4; 15/5
Articles modified:
TITLE; 1/1; 7; 8; 12; 15/1-15/5; 20
Articles modified:
13; 14
Article modified: 13
REPORT TO THE KING
Sire,
Since April 1, 2011, the National Bank of Belgium (hereinafter "the Bank") has been responsible for the prudential supervision of financial institutions. This competence was previously exercised by what was then the Banking, Finance and Insurance Commission (CBFA).
The decree submitted for Your signature aims to introduce rules for covering the Bank's operating costs related to this supervision. These operating costs, in accordance with Article 12bis, § 4, of the Law of 22 February 1998 fixing the organic status of the National Bank of Belgium (hereinafter: the Organic Law), are, according to the modalities established by the King, borne by the establishments subject to its supervision.
In response to the remark of the Council of State regarding the absence of an impact assessment on sustainable development, it is specified that Article 19/1 of the Law of 5 May 1997, inserted by the Law of 30 July 2010, has not yet been executed. A draft Royal Decree regulating the impact assessment and setting exemptions from this assessment is currently being prepared.
Therefore, one can only rely on existing directives regarding the EIDDD test. It can be concluded that the exemption resulting from the self-regulation of the federal authority can be invoked.
In response to the remark of the Council of State regarding the absence of specific provisions for electronic money institutions and regarding the transposition of Directive 2009/110/EC of the European Parliament and of the Council of 16 September 2009 concerning the taking up, pursuit and prudential supervision of the business of electronic money institutions amending Directives 2005/60/EC and 2006/48/EC and repealing Directive 2000/46/EC, it is noted that it is not considered appropriate to adapt this Royal Decree to the text of a law in preparation which may not enter into force until after the entry into force of said Royal Decree.
In response to the remark of the Council of State that the mention of the Banking, Finance and Insurance Commission should be replaced by that of the National Bank of Belgium in the Royal Decree of 30 April 1999 regulating the status and supervision of mutual guarantee societies, it is noted that such a modification falls outside the scope of this Royal Decree. This decree aims solely to introduce rules for covering the Bank's operating costs related to the prudential supervision of financial institutions.
The principles of the draft decree are commented on below.
Coverage of the Bank's annual expenses
The Bank's operating costs related to the supervision of the insurance sector and the banking sector are calculated annually and charged to these sectors. These include personnel costs, management costs, depreciation of tangible and intangible fixed assets, and other costs charged to the supervision of these sectors. This charging is done using a cost calculation application. The method applied by the Bank for calculating annual operating costs, as well as the amounts thus determined, are certified each year by the Bank's external auditor. The amounts are explained in the Bank's annual accounts.
Within each of these sectors, contributions are distributed among individual companies based on well-defined criteria. The distribution mechanism used follows the one previously applied by the CBFA for the distribution of its operating costs (Royal Decree of 22 May 2005 on covering the operating costs of the CBFA, taken in execution of Article 56 of the Law of 2 August 2002 on the supervision of the financial sector and financial services, and in execution of various legal provisions relating to the missions of the CBFA). There is therefore continuity in this regard. It is necessary, however, to add a nuance: henceforth, financial institutions considered to have a systemic character will pay an additional contribution. This is justified by the finding that the Bank, in accordance with Article 36/3 of its Organic Law, exercises specific competences in the supervision of these institutions. If, within a group, several entities are considered systemic, only one is liable for the additional contribution.
Since the contributions are intended to cover the Bank's actual annual costs, no reserves can be accumulated within the Bank by accumulating positive annual balances, and any surplus of revenue over costs must be refunded or credited against the amount of future contributions.
For the supervision of resolution bodies, clearing houses, payment institutions, and mutual guarantee societies, the Bank's operating costs are covered annually by an adequate lump-sum contribution.
Pre-financing and reconciliation
The contributions of the companies subject to supervision are intended to cover the Bank's costs for the current year. Since the exact amount of these costs is only known at the end of the year, the decree provides for a pre-financing system, accompanied by a subsequent reconciliation mechanism.
Companies in the insurance and banking sectors pay annually, by September 30 at the latest, a contribution amounting to 90% of the Bank's actual operating costs for the supervision of these sectors during the previous calendar year.
If, at the end of the year, the sum of contributions collected proves to be higher than the total amount of the Bank's actual costs for the supervision of these sectors, the surplus belongs to the companies of said sectors, in proportion to their contributions, in the form of a refund or a credit against the amount of contributions due for the following year. If, at the end of the year, the sum of contributions collected proves to be lower than the total amount of the Bank's actual costs for the supervision of these sectors, the difference is borne by the companies of said sectors, in proportion to the advances collected or still due for the year concerned.
Companies liable for a lump-sum contribution pay it by September 30 at the latest of the year on which the supervision bears.
I have the honor to be,
Sire,
Of Your Majesty, the very respectful and very faithful servant, The Deputy Prime Minister and Minister of Finance, S. VANACKERE
Opinion 51.479/2 of July 2, 2012 from the Legislation Section of the Council of State
The Council of State, Legislation Section, Second Chamber, seized by the Deputy Prime Minister and Minister of Finance, on June 5, 2012, of a request for an opinion, within a period of thirty days, on a draft Royal Decree "on covering the operating costs of the National Bank of Belgium related to the supervision of financial institutions, in execution of Article 12bis, § 4, of the Law of 22 February 1998 fixing the organic status of the National Bank of Belgium", gave the following opinion:
As the request for opinion is introduced on the basis of Article 84, § 1, first paragraph, 1°, of the coordinated laws on the Council of State, as replaced by the Law of 2 April 2003, the Legislation Section limits its examination to the legal basis of the project, the competence of the author of the act, and the accomplishment of prior formalities, in accordance with Article 84, § 3, of the aforementioned coordinated laws.
On these three points, the project calls for the following observations.
Prior Formality
It emerges from Article 19/1, § 1, of the Law of 5 May 1997 "on the coordination of federal sustainable development policy" that in principle, any draft bill, any draft Royal Decree, and any draft decision submitted for approval by the Council of Ministers must give rise to a prior examination of the need to carry out an impact assessment (1), the only cases in which such a prior examination should not take place are those which are to be fixed by a Royal Decree deliberated in the Council of Ministers (2), which, to date, in the state of texts published in the Belgian Official Journal, has not been taken.
Care should be taken to ensure the proper accomplishment of this formality.
Examination of the Project
Preamble
At the end of the first paragraph, it is necessary to specify that Article 12bis of the Law of 22 February 1998 "fixing the organic status of the National Bank of Belgium" was inserted by Article 187 of the Royal Decree of 3 March 2011 "implementing the evolution of the supervision structures of the financial sector".
It is also necessary to insert between the current first and second paragraphs a new second paragraph mentioning Article 57 of the Framework Law of 10 February 1998 "for the promotion of independent enterprise", which is the legal basis for the Royal Decree of 30 April 1999 "regulating the status and supervision of mutual guarantee societies", the article 19 of the project tends to repeal Article 58.
Dispositive Part
Articles 2 and 13
In Articles 2, § 2, 2°, and 13, § 3, the terms "a banking company" are used with the intention, confirmed by the delegate, to thus refer to a company in the banking sector in the sense where Chapter III of the project relates to this sector, so that, with the agreement of the delegate, it is necessary to clarify the aforementioned terms by instead referring to "a credit institution or a brokerage firm".
Article 14
The first paragraph applies to "Belgian payment institutions established in Belgium on January 1 and referred to in Title II of the Law of 21 December 2009 'on the status of payment institutions'".
The Council of State notes in this regard that the project does not contain specific provisions for electronic money institutions, yet also cited in the enumeration of Article 36/2 of the Law of 22 February 1998 "fixing the organic status of the National Bank of Belgium", and draws the attention of the authors of the project to the need to adapt it to take into account the draft law "modifying the Law of 21 December 2009 on the status of payment institutions, on access to the activity of payment service providers and on access to payment systems and other legislation insofar as they relate to the status of payment institutions and electronic money institutions", which aims to transpose Directive 2009/110/EC of the European Parliament and of the Council of 16 September 2009 "concerning the taking up, pursuit and prudential supervision of the business of electronic money institutions amending Directives 2005/60/EC and 2006/48/EC and repealing Directive 2000/46/EC", and is the subject of the opinion of the Legislation Section 51.456/2 of June 20, 2012.
Article 19
In accordance with Article 330 of the aforementioned Royal Decree of 3 March 2011, when a decree relates to matters whose supervision competence is transferred to the National Bank of Belgium by virtue of this decree and mentions the Banking, Finance and Insurance Commission, it must be read as if it mentioned the National Bank, regarding the competences thus transferred to it.
Article 30 of the Royal Decree of 25 March 2003 "implementing Article 45, § 2, of the Law of 2 August 2002 on the supervision of the financial sector and financial services" replaced, in the Royal Decree of 30 April 1999 "regulating the status and supervision of mutual guarantee societies", the words "Office of Insurance Control" and "Office of Control" by "CBFA", except in Article 1, 3°, which is replaced by:
"3° the supervisory authority: the authority exercising supervision over the company, namely the Banking, Finance and Insurance Commission, referred to in Article 44 of the Law of 2 August 2002 on the supervision of the financial sector and financial services".
In this Article 1, 3°, thus replaced by Article 30 of the Royal Decree of 25 March 2003, it is now necessary to explicitly replace the mention of the Banking, Finance and Insurance Commission with that of the National Bank of Belgium since the latter notably has the mission to ensure the prudential supervision of mutual guarantee societies, in accordance with Articles 12bis, § 1, and 36/2 of the aforementioned Law of 22 February 1998, inserted by Articles 187 and 195 of the Royal Decree of 25 March 2003.
The project should therefore be supplemented by a provision effecting this modification.
The chamber was composed of
Messrs:
Y. Kreins, chamber president,
P. Vandernoot, Mme M. Baguet, State Councillors, Messrs:
S. Van Drooghenbroeck, J. Englebert, assessors of the Legislation Section, Mme B. Vigneron, clerk.
The report was presented by Mr J.-L. Paquet, first auditor.
XXXXXXX
The clerk,
B. Vigneron.
The president,
Y. Kreins.
(1) Article 19/1, § 1, first paragraph, of the aforementioned Law of 5 May 1997. Article 19/1, § 2, of the aforementioned Law of 5 May 1997 charges the King to fix, by a Royal Decree deliberated in the Council of Ministers, the modalities of this prior examination. To date, no decree with such an object has been published in the Belgian Official Journal. (2) Article 19/1, § 1, second paragraph, of the aforementioned Law of 5 May 1997.
https://www.ejustice.just.fgov.be/eli/arrete/2012/07/17/2012003211/justel Image of the official publication Consolidated PDF version
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