265. Ordinance of the Financial Markets Authority (FMA), which changes the FMA Cost Regulation

Pursuant to Section 19 (7) of the Financial Market Supervisory Authority Act-FMABG, BGBl. I n ° 97/2001, as last amended by the Federal Law BGBl. I No 117/2015, in conjunction with Section 69a of the Banking Act-BWG, BGBl. No. 532/1993, as last amended by the Federal Law BGBl. I n ° 117/2015, and Section 56 of the Deposit Guarantee and Investor Compensation Act-ESAEG, BGBl. I No 117/2015, shall be arranged:

The FMA-Cost Ordinance-FMA-KVO, BGBl. II No 340/2003, as last amended by the BGBl Regulation. II No 55/2015, shall be amended as follows:

1. § 3 (1) (1) (1) (1) is the following. c is added:

" (c)			pursuant to Section 56 of the ESAEG, which
-				Member institutions pursuant to Article 7 (1) (1) (21) of the ESAEG are or
-				Member institutions pursuant to Section 44 (7) (7) of the ESAEG; "

2. § 6 para. 1 Z 1 reads:

" 1.		for the accounting unit 1:
a)			Section 69a (2) of the BWG, in conjunction with Article 99 of Regulation (EU) No 575/2013,
b)			Section 60 (2) of the ZaDiG in conjunction with Section 20 (2) of the ZaDiG,
c)			Section 22 (2) of the E-Money Act 2010 in conjunction with Section 60 (2) of the ZaDiG,
d)			Section 160 (1) of the BaSAG in conjunction with Section 69a (2) of the BWG and Article 99 of Regulation (EU) No 575/2013,
e)			Section 56 of the ESAEG in conjunction with Section 69a (2) of the BWG and Article 99 of Regulation (EU) No 575/2013, "

3. § 7 (1) to (3) reads:

" § 7. (1) The FMA shall determine the basis of the calculation of the costs if the data messages required for the measurement of costs in accordance with § 6

1.		have not been able to be reimbursed in the absence of basic data, or due to a lack of reporting requirements in accordance with the provisions referred to in § 6 (1), or
2.		Have not been transmitted in good time or in good time or not in full.

(2) The conditions set out in paragraph 1 shall be met by the FMA

1.		a calculation of the share of the costs, on the basis of the latter data declaration, plus a supplement; or
2.		In the alternative, fix the share of the costs in the amount of the amounts in accordance with paragraph 4 and section 11 (3) Z 3.

(3) The surcharge in accordance with paragraph 2 (1) (1) is calculated as follows:

where:
1.		N the number of consecutive years for which the FMA has set the basis for the calculation of the costs on the basis of the last data report;
2.		B is the basis for the assessment of the last previous period for the respective taxable person. "

§ 9a and headline reads as follows:

" Subbilling circles

§ 9a. Accounting Circle 1 (Banking Supervision) consists of the following taxable persons, each of which forms a separate sub-accounting circuit:

1.		Subaccounting circle 1, to which the legal entities according to § 3 paragraph 1 Z 1 lit. a are assigned;
2.		Subaccounting circle 2, to which the legal entities according to § 3 paragraph 1 Z 1 lit. b are assigned;
3.		Sub-account 3, to which the member institutes according to § 3 (1) Z 1 lit. c are assigned. "

5. The following paragraphs 16 and 17 are added to § 20:

" (16) As far as this Regulation provides for provisions of the Deposit Guarantee and Investor Compensation Act (ESAEG), BGBl. I n ° 117/2015, it is to be applied in its main version.

(17) Where reference is made in this Regulation to Regulation (EU) No 575/2013, Regulation (EU) No 575/2013 on prudential requirements for credit institutions and investment firms and amending Regulation (EU) No 646/2012, OJ L 327, 28.10.2012, p. No. 1, as last amended by the Delegated Regulation (EU) 2015/62, OJ L 176, 15.7.2000, p. No. OJ L 11, 17.01.2015 p. 37. "

6. The following sentence shall be added to Article 21 (10):

" In the case of the actual cost accounting for the FMA financial year 2014, the BGBl Regulation shall apply in lieu of the amount of EUR 250 in accordance with § 7 (6). II No 55/2015, the amount of EUR 100. '

(7) The following paragraph 11 is added to § 21:

" (21) § 3 (1) (1) (c), § 6 (1) (1) (1), (7) (1) to (3), (9a) and the title, § 20 (16) and (17) and Article 21 (10) of the last sentence in the version of the BGBl Regulation. II No 265/2015 shall enter into force with the day following the event. "

Ettl Kumpfmüller