Royal Decree of 21 December 2013 amending the Royal Decree of 17 July 2012 on the coverage of operating costs of the National Bank of Belgium related to the supervision of financial institutions

Title

2013003431

21 DECEMBER 2013. - Royal Decree amending the Royal Decree of 17 July 2012 on the coverage of the operating costs of the National Bank of Belgium related to the supervision of financial institutions, in implementation of Article 12bis, § 4, of the Law of 22 February 1998 fixing the organic statute of the National Bank of Belgium

Source: Finances

Publication: 30 December 2013

Number: 2013003431

page: 103430

File number: 2013-12-21/15

Entry into force: 30 December 2013

This text amends the following text:

2012003211

Art. 1-4

Text

Article 1st. In Article 13 of the Royal Decree of 17 July 2012 on the coverage of the operating costs of the National Bank of Belgium related to the supervision of financial institutions, in implementation of Article 12bis, § 4, of the Law of 22 February 1998 fixing the organic statute of the National Bank of Belgium, paragraphs 1st and 2, modified by the Royal Decree of 1 October 2012, are replaced by the following:

" § 1st. Belgian clearing organisms and branches established in Belgium of foreign clearing organisms which hold, on 1 January, an approval pursuant to Article 36/25, § 2, of the Law of 22 February 1998 fixing the organic statute of the National Bank of Belgium, pay an annual contribution of 200,000 EUR.

Branches established in Belgium of foreign credit institutions which, for the services they provide as clearing organisms, are, on 1 January, subject to the supervision referred to in Article 36/25 of the Law of 22 February 1998 fixing the organic statute of the National Bank of Belgium, pay an annual contribution of 200,000 EUR.

Foreign clearing organisms not established in Belgium which, for the services they provide as clearing organisms, are, on 1 January, subject to the supervision referred to in Article 36/25 of the Law of 22 February 1998 fixing the organic statute of the National Bank of Belgium, pay an annual contribution of 200,000 EUR. No contribution is due if the organism concerned pays a contribution to the Bank for a branch established in Belgium.

The contribution fixed by this paragraph is not due by the organisms referred to in this paragraph which are liable for a contribution of at least 200,000 EUR to the Bank pursuant to Chapter III of this Royal Decree.

§ 2. Belgian settlement organisms and branches established in Belgium of foreign settlement organisms which, for the services they provide as settlement organisms, are, on 1 January, subject to the supervision referred to in Article 36/26 of the Law of 22 February 1998 fixing the organic statute of the National Bank of Belgium, pay an annual contribution of 200,000 EUR.

Establishments established in Belgium and not referred to in the first paragraph, which are, on 1 January, subject to the supervision referred to in Article 36/26 of the Law of 22 February 1998 fixing the organic statute of the National Bank of Belgium, pay an annual contribution of 200,000 EUR.

Organisms assimilated to settlement organisms pursuant to Article 36/26, § 7, of the Law of 22 February 1998 fixing the organic statute of the National Bank of Belgium, which, for the services they provide as settlement organisms, are, on 1 January, subject to the supervision referred to in Article 36/26 of said Law of 22 February 1998, pay an annual contribution of 200,000 EUR.

Art. 2. Article 14 of the same Royal Decree is replaced by the following:

" § 1st. Payment institutions and e-money institutions of Belgian law established in Belgium on 1 January and referred to respectively in Article 9 and in Article 64 of the Law of 21 December 2009 on the status of payment institutions and e-money institutions, on access to the activity of payment service provider, on the activity of e-money issuance and on access to payment systems, pay an annual contribution of 2,500 EUR.

This contribution is increased to 10,000 EUR for the payment institutions and e-money institutions referred to in the first paragraph whose own funds exceed 1 million EUR, to 15,000 EUR for the payment institutions and e-money institutions referred to in the first paragraph whose own funds exceed 5 million EUR and to 25,000 EUR for the payment institutions and e-money institutions referred to in the first paragraph whose own funds exceed 10 million EUR.

The own funds taken into consideration are those relating to the situation on 31 December of the previous year in accordance, for payment institutions, with Article 6 of the CBFA Regulation of 19 January 2010 on the own funds of payment institutions, and, for e-money institutions, with Article 5 of the NBR Regulation of 18 June 2013 concerning the own funds of e-money institutions and the placement of funds received in exchange for e-money issued.

Payment institutions and e-money institutions established in Belgium on 1 January which benefit from an exemption in whole or in part under respectively Article 48 and Article 105 of the Law of 21 December 2009 on the status of payment institutions and e-money institutions, on access to the activity of payment service provider, on the activity of e-money issuance and on access to payment systems, pay an annual contribution of 1,500 EUR.

Branches established in Belgium on 1 January of payment institutions and e-money institutions subject to the law of another Member State of the EEA and referred to respectively in Article 39 and in Article 91 of the Law of 21 December 2009 on the status of payment institutions and e-money institutions, on access to the activity of payment service provider, on the activity of e-money issuance and on access to payment systems, pay an annual contribution of 2,500 EUR.

§ 2. Each year, the Bank informs the establishments referred to in § 1st, no later than 1 September, of the amount they are liable for pursuant to said paragraph. The establishments in question pay these contributions no later than 30 September of the same year.

§ 3. Establishments which submit an application within the meaning of Article 7 of the Law of 21 December 2009 on the status of payment institutions and e-money institutions, on access to the activity of payment service provider, on the activity of e-money issuance and on access to payment systems, pay, following this application, a contribution of 1,500 EUR. When the Bank grants an approval within the meaning of Article 8 of said Law of 21 December 2009, it requests, following this approval, the payment of a contribution of 1,500 EUR per payment service for which an approval has been granted, with a maximum of 4,500 EUR.

Establishments which submit an application within the meaning of Article 62 of the Law of 21 December 2009 on the status of payment institutions and e-money institutions, on access to the activity of payment service provider, on the activity of e-money issuance and on access to payment systems, pay, following this application, a contribution of 1,500 EUR. When the Bank grants an approval within the meaning of Article 63 of said Law of 21 December 2009, it requests, following this approval, the payment of a contribution of 1,500 EUR per envisaged payment service, with a maximum of 4,500 EUR.

Establishments which receive a notification from the Bank within the meaning of Article 39 or Article 91 of the Law of 21 December 2009 on the status of payment institutions and e-money institutions, on access to the activity of payment service provider, on the activity of e-money issuance and on access to payment systems, pay, following this notification, a contribution of 1,500 EUR.

The contributions due pursuant to this paragraph are paid within the month following the payment invitation made by the Bank."

Art. 3. This Royal Decree enters into force on the day of its publication in the Belgian Monitor.

Art. 4. The Minister who has Finances in his attributions is charged with the execution of this Royal Decree.

Given in Brussels, on 21 December 2013.
PHILIPPE
By the King:
The Minister of Finances,
K. GEENS

Preamble

PHILIPPE, King of the Belgians,
To all, present and future, Greeting.
Having regard to the Law of 22 February 1998 fixing the organic statute 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 control structures of the financial sector; Having regard to the Royal Decree of 17 July 2012 on the coverage of the operating costs of the National Bank of Belgium related to the supervision of financial institutions, in implementation of Article 12bis, § 4, of the Law of 22 February 1998 fixing the organic statute of the National Bank of Belgium; Having regard to Opinion 54.560/2 of the Council of State, given on 9 December 2013, in application of Article 84, § 1st, first paragraph, 1°, of the Laws on the Council of State, coordinated on 12 January 1973; On the proposal of the Minister of Finances, We have decreed and decree:

Report to the King

REPORT TO THE KING
Sire,
The rules according to which the National Bank of Belgium (hereinafter "the Bank") charges its operating costs for the supervision of financial institutions to said institutions are fixed by the Royal Decree of 17 July 2012 on the coverage of the operating costs of the National Bank of Belgium related to the supervision of financial institutions, in implementation of Article 12bis, § 4, of the Law of 22 February 1998 fixing the organic statute of the National Bank of Belgium.
Article 13 of the aforementioned Royal Decree determines the amounts due by clearing organisms and settlement organisms, and Article 14 the amounts due by payment institutions.
The objective of the Royal Decree submitted to Your signature is double.
On the one hand, the new paragraphs 1st and 2 of Article 13 aim to subject clearing organisms and settlement organisms to a uniform regime. Henceforth, each organism subject to supervision will be liable for a flat contribution of 200,000 EUR to the Bank, unless this organism pays a contribution of at least 200,000 EUR to the Bank as a credit institution. On the other hand, the new Article 14 aims to subject payment institutions and e-money institutions to a uniform regime. The necessity to put in place this uniform regime stems from the Law of 27 November 2012 amending the Law of 21 December 2009 on the status of payment institutions, on access to the activity of payment service provider and on access to payment systems and other legislations insofar as they relate to the status of payment institutions and e-money institutions and credit associations of the professional credit network, which revised the status of e-money institutions. In response to the remark of the Council of State that this Royal Decree must be submitted to the opinion of the European Central Bank, it is noted that it is not considered opportune to submit to the ECB draft regulatory provisions that bring a limited modification to a Royal Decree implementing a law if both the Royal Decree in question and the legal basis have already been positively evaluated by the ECB (see CON/2012/35 and CON/2011/5). The excessive consultation of the ECB overloads the administrations of the Belgian authorities and the ECB and risks moreover undermining the effectiveness of the European consultation procedure. I have the honour to be, Sire, Your Majesty's, very respectful and very faithful servant, The Minister of Finances, K. GEENS

COUNCIL OF STATE legislation section
Opinion 54.560/2 of 9 December 2013 on a draft Royal Decree amending the Royal Decree of 17 July 2012 on the coverage of the operating costs of the National Bank of Belgium related to the supervision of financial institutions, in implementation of Article 12bis, § 4, of the Law of 22 February 1998 fixing the organic statute of the National Bank of Belgium'. On 22 November 2013, the Council of State, legislation section, was invited by the Minister of Finances to communicate an opinion, within a period of thirty days, on a draft Royal Decree amending the Royal Decree of 17 July 2012 on the coverage of the operating costs of the National Bank of Belgium related to the supervision of financial institutions, in implementation of Article 12bis, § 4, of the Law of 22 February 1998 fixing the organic statute of the National Bank of Belgium'. The draft was examined by the second chamber on 9 December 2013. The chamber was composed of Yves Kreins, chamber president, Pierre Vandernoot and Martine Baguet, Councillors of State, Christian Behrendt and Jacques Englebert, assessors, and Anne-Catherine Van Geersdaele, clerk. The report was presented by Jean-Luc Paquet, first auditor. The opinion, the text of which follows, was given on 9 December 2013. As the request for opinion is introduced on the basis of Article 84, § 1st, 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 draft, the competence of the author of the act as well as the accomplishment of the prior formalities, in accordance with Article 84, § 3, of the aforementioned coordinated Laws. On these three points, the draft calls for the following observations. Prior formalities At the beginning of its opinion of 10 May 2012 on the operating costs related to prudential supervision (CON/2012/35), given on the draft which became the Royal Decree of 17 July 2012 on the coverage of the operating costs of the National Bank of Belgium related to the supervision of financial institutions, in implementation of Article 12bis, § 4, of the Law of 22 February 1998 fixing the organic statute of the National Bank of Belgium' which it is envisaged to modify, the European Central Bank indicates the following, regarding the introduction of the request and its legal basis: "On 23 March 2012, the European Central Bank (ECB) received a request for consultation from the National Bank of Belgium (NBR), acting on behalf of the Belgian Ministry of Finances, concerning a draft Royal Decree on the operating costs of the National Bank of Belgium related to the supervision of financial institutions, implementing Article 12bis, § 4, of the Law of 22 February 1998 fixing the organic statute of the National Bank of Belgium (hereinafter, the draft Royal Decree'). The ECB has competence to issue an opinion pursuant to Article 127, paragraph 4, and Article 282, paragraph 5, of the Treaty on the Functioning of the European Union, as well as Article 2, paragraph 1st, third indent, of Council Decision 98/415/EC of 29 June 1998 concerning the consultation of the European Central Bank by national authorities regarding draft legislative provisions, given that the draft Royal Decree contains provisions concerning the NBR". Pursuant to Article 2, paragraph 1st, third indent, of Council Decision 98/415/EC of 29 June 1998 aforementioned, "The authorities of the Member States shall consult the ECB on any draft legislative provision within its field of competence as defined by the Treaty, and in particular concerning [...] the national central banks". Just like the Royal Decree of 17 July 2012 which it seeks to modify, the draft must therefore be subject to consultation by the European Central Bank and its opinion must be cited in the preamble.

The clerk
Anne-Catherine Van Geersdaele
The president
Yves Kreins