1.The administrator of one or more critical benchmarks shall pay an annual supervisory fee:
of EUR 300 000, in cases where ESMA chairs a college of supervisors pursuant to Article 46 of Regulation (EU) 2016/1011;
of EUR 250 000, in cases where ESMA does not chair a college of supervisors pursuant to Article 46 of Regulation (EU) 2016/1011.
2.A benchmark administrator established in a third country recognised by ESMA or an administrator endorsing third-country benchmarks supervised by ESMA that provides or endorses, on 30 September of year (n-1), at least one benchmark that is significant pursuant to Article 24 of Regulation (EU) 2016/1011 shall pay the following annual supervisory fee:
for the year of registration, authorisation or recognition and the two years thereafter, EUR 150 000;
as from the third year after the year of registration, authorisation or recognition, the annual supervisory fee for a given year (n) shall be the total annual fee for recognised third-country administrators and administrators endorsing third-country benchmarks that provide or endorse, on 30 September of year (n–1), at least one benchmark that is significant pursuant to Article 24 of Regulation (EU) 2016/1011, adjusted by the turnover coefficient;
for the purpose of point (b), the total annual fee for recognised third-country administrators and administrators endorsing third-country benchmarks that provide or endorse, on 30 September of year (n–1), at least one benchmark that is significant pursuant to Article 24 of Regulation (EU) 2016/1011 for a given year (n) shall be equal to the ESMA supervisory budget allocated for the performance of the tasks granted under Regulation (EU) 2016/1011 for that year (n) minus the annual supervisory fees to be paid to ESMA by critical benchmark administrators for year (n) and the annual fees for year (n) to be paid to ESMA by administrators paying a fixed fee in accordance with paragraph 3;
for the purpose of point (b), for each recognised third-country administrator and each administrator endorsing third-country benchmarks that provides or endorses, on 30 September of year (n–1), at least one benchmark that is significant pursuant to Article 24 of Regulation (EU) 2016/1011, the turnover coefficient shall be the share of its applicable turnover in the aggregate applicable turnover generated by all recognised third-country administrators and all administrators endorsing third-country benchmarks that provide or endorse, on 30 September of year (n–1), at least one benchmark that is significant pursuant to Article 24 of Regulation (EU) 2016/1011;
the minimum annual supervisory fee for recognised third-country administrators and benchmark administrators endorsing third-country benchmarks, where such administrators provide or endorse, on 30 September of year (n–1), at least one benchmark that is significant pursuant to Article 24 of Regulation (EU) 2016/1011, shall be EUR 40 000, including when the applicable turnover of the recognised third-country administrator or the administrator endorsing third-country benchmarks is equal to zero.
3.A benchmark administrator established in a third country recognised by ESMA or an administrator endorsing third-country benchmarks supervised by ESMA that provides or endorses, on 30 September of year (n-1), no benchmarks that are significant pursuant to Article 24 of Regulation (EU) 2016/1011, shall pay an annual supervisory fee of EUR 20 000 .
4.Benchmark administrators shall pay their relevant annual supervisory fees to ESMA at the latest on 31 March of the calendar year in which they are due. Where information for the previous calendar years is not available, the fees shall be calculated on the basis of the latest available information for annual fees. ESMA shall send the debit note to the benchmark administrator at least 30 days before the payment is due. The annual fees paid shall not be reimbursed.