
Article 1 
This Decision sets the fees and the way in which they are to be paid to the European Union Agency for the Cooperation of Energy Regulators, hereinafter the ‘Agency’, for collecting, handling, processing and analysing of information reported by market participants or by entities reporting on their behalf pursuant to Article 8 of Regulation (EU) No 1227/2011.
Article 2 
For the purposes of this Regulation, the definitions of ‘fundamental data’ and ‘organised market place’ as laid down in Article 2(1) and 2(4) of Implementing Regulation (EU) No 1348/2014 shall apply.
In addition, the following definitions shall apply:

((1)) ‘registered reporting mechanism’ means an entity registered by the Agency in accordance with Article 11 of Implementing Regulation (EU) No 1348/2014 for the purpose of reporting transaction records or fundamental data;
((2)) ‘transaction record’ means an individual data set containing details of a trade, order to trade or contract, or containing lifecycle information such as modifications, early termination or corrections of trades, order to trades or contracts, which is reported to the Agency in accordance with Article 3 of Implementing Regulation (EU) No 1348/2014;
((3)) ‘market participant’ means an entity registered with the national regulatory authority in the Member State in accordance with Article 9 of Regulation (EU) No 1227/2011.
Article 3 

1. The programming document, including the budget, adopted by the Administrative Board of the Agency by 31 December of each year pursuant to Article 20 of Regulation (EU) 2019/942, hereinafter the ‘programming document’, shall identify those costs which are eligible for funding by fees in the following year and provide an estimate of the eligible costs planned to be funded by fees for additional two years thereafter. Eligible costs are costs, including overhead, incurred by the Agency by collecting, handling, processing and analysing of information reported by registered reporting mechanisms.
2. The programming document shall set the amount to be covered by fees in the following year. That amount shall:
(a) not exceed the eligible costs pursuant to paragraph 1;
(b) be lower than the Union contribution to the Agency according to the Union budget for the respective year.
3. The Agency shall provide detailed information on the amount of fees collected and the costs covered by the fees in the previous year in the Consolidated Annual Activity Report pursuant to Article 48 of the Financial Regulation of the Agency. The Agency shall make the respective sections of this report public.
Article 4 

1. Each registered reporting mechanism shall pay a yearly fee calculated pursuant to Article 5. All fees shall be paid in EUR.
2. At the latest by 31 January of each year, the Agency shall send each registered reporting mechanism an invoice for the annual fee to be paid within a deadline of four weeks. The invoice shall provide detailed information on how this fee was calculated. The Agency and a registered reporting mechanism may mutually agree that invoices exceeding EUR 250 000 are paid in instalments. The deadline for payment of the last instalment shall not be later than 30 September.
3. In case an entity applies to become a registered reporting mechanism, the Agency shall send the entity an invoice amounting to 50 % of the flat enrolment fee component pursuant to point (a) of Article 5(1) and only accept the application once the invoice is paid. Where the Agency rejects the application because the entity does not comply with the requirements pursuant to Article 11 of Implementing Regulation (EU) No 1348/2014, the entity is not entitled to a reimbursement of the paid fee. After registration of an entity as registered reporting mechanism, the Agency shall send the entity an invoice over the remaining fee consisting of 50 % of the flat enrolment fee component pursuant to point (a) of Article 5(1) and, unless the registered reporting mechanism declares that it will solely report fundamental data, the transaction records-based component pursuant to Article 6(4).
4. Registered reporting mechanisms which cease to be registered by the Agency shall not be entitled to any reimbursement of paid fees or to the waiving of any fees due. They shall pay the fee for the respective year in full, unless they had informed the Agency at the latest by 31 December of the previous year that they no longer want to be registered by the Agency.
Article 5 

1. The annual fee that a registered reporting mechanism has to pay shall be the sum of the following components:
(a) a flat enrolment fee component of EUR 9 000;
(b) a transaction records-based fee component calculated pursuant to Article 6, unless a registered reporting mechanism is solely reporting fundamental data;
(c) where applicable, a positive or negative correction amount to balance differences between the transaction records-based fee component paid in the previous year and the transaction records-based fee component that would have been paid according to the actual reporting in that year.The correction amount referred to in point (c) of the first subparagraph is calculated by subtracting the transaction records-based fee component calculated in the previous year from the transaction records-based fee component calculated in the current year.In case of a registered reporting mechanism which was newly registered in the previous year, the correction amount pursuant to point (c) of the first subparagraph is calculated by subtracting the amount pursuant to Article 6(4) from the transaction records-based fee component calculated in the current year pursuant to Article 6(5) after dividing the latter by 365 and multiplying it with the number of calendar days between the registration date and the end of the previous year.A negative correction amount referred to in point (c) of the first subparagraph shall not be higher than the transaction records-based fee component calculated for the current year.
2. In case the sum of the individual fees calculated for each registered reporting mechanism pursuant to paragraph 1 would exceed the amount to be covered by fees pursuant to Article 3(2), the individual fee that each registered reporting mechanism will have to pay is decreased by multiplying it with a reduction factor calculated as follows:
Article 6 

1. The transaction records-based fee component is calculated on the basis of the transaction records reported in the previous year by each registered reporting mechanism as follows:
(a) The Agency identifies the data clusters of the respective registered reporting mechanism. One data cluster shall consist of one of the following:
((i)) all transaction records reporting wholesale energy products pursuant to point (a) of Article 3(1) of Implementing Regulation (EU) No 1348/2014 stemming from a specific market participant using a specific organised market place;
((ii)) all transaction records reporting wholesale energy products pursuant to point (a) of Article 3(1) of Implementing Regulation (EU) No 1348/2014 stemming from a specific market participant without using an organised market place;
((iii)) all transaction records reporting wholesale energy products pursuant to point (b) of Article 3(1) of Implementing Regulation (EU) No 1348/2014 stemming from a specific market participant;
(b) for each of the data clusters referred to in point (a) the Agency identifies the fee subcomponent pursuant to paragraph 2 or paragraph 3;
(c) the transaction records-based fee component is the sum of the subcomponents identified pursuant to point (b).
2. The fee subcomponents per data cluster for transaction records pursuant to subitems (i) and (iii) of point (a) of paragraph 1 are as follows:
Transaction records per data cluster Fee subcomponent in EUR
1 to 1 000 250
1 001 to 10 000 500
10 001 to 100 000 1 000
100 001 to 1 million 2 000
More than 1 million to up to 10 million 4 000
More than 10 million to up to 100 million 8 000
More than 100 million 16 000
3. The fee subcomponents per data cluster for transaction records pursuant to subitem (ii) of point (a) of paragraph 1 are as follows:
Transaction records per data cluster Fee subcomponent in EUR
1 to 100 250
101 to 1 000 500
1 001 to 10 000 1 000
10 001 to 100 000 2 000
100 001 to 1 million 4 000
More than 1 million to up to 10 million 8 000
More than 10 million 16 000
4. In case of a newly registered reporting mechanism the transaction records-based component in the year of registration is EUR 65 for each calendar day from the day of registration until the end of the year. The registered reporting mechanism and the Agency may mutually agree on a different amount in order to better reflect the expected reporting by the registered reporting mechanism.
5. In case of a registered reporting mechanism which was newly registered in the previous year, the number of transaction records for each data cluster is adjusted prior to identifying the respective fee subcomponents as follows:
Article 7 

1. The invoices sent by the Agency pursuant to Article 4(2) or (3) shall constitute debit notes pursuant to Article 71 of the Financial Regulation of the Agency.
2. The Agency shall take all appropriate legal steps to ensure full payment of the invoices issued by applying the relevant rules, including those on default interest and on recovery, of the Financial Regulation of the Agency.
3. In case a registered reporting mechanism is overdue with paying the fee for at least one month, the Agency may decide to disable the registered reporting mechanism’s ability to report data to the Agency until the fee is paid in full.
Article 8 
For fees paid in 2021 the following specific rules apply:

((a)) the earliest deadline the Agency may set for paying the invoices pursuant to Article 4(2) shall be 31 March 2021;
((b)) registered reporting mechanisms which inform the Agency at the latest by 31 March 2021 that they no longer want to be registered by the Agency shall not be obliged to pay the fee. They shall be able to continue to report data until 30 June 2021;
((c)) registered reporting mechanisms which fail to pay the fee may be disabled from reporting data to the Agency in accordance with Article 7(3) from 1 July 2021 at the earliest;
((d)) point (c) of Article 5(1) shall not apply to the fees levied in 2021.
Article 9 
The Commission shall evaluate the implementation of this Decision by 5 July 2024 and every five years thereafter, together with the evaluation to be carried out pursuant to Article 45 of Regulation (EU) 2019/942.
Article 10 
This Decision shall enter into force on the third day following that of its publication in the Official Journal of the European Union.
This Decision shall apply from 1 January 2021.
However, Article 3(1) and (2) shall apply from its entry into force.
Done at Brussels, 17 December 2020.
For the Commission
The President
Ursula VON DER LEYEN