keyboard_tab Digital Service Act 2022/2065 EN
BG CS DA DE EL EN ES ET FI FR GA HR HU IT LV LT MT NL PL PT RO SK SL SV print pdf
- 1 Art. 43 Supervisory fee
- 2 Art. 59 referral to the Commission
CHAPTER I
GENERAL PROVISIONS
CHAPTER II
LIABILITY OF PROVIDERS OF INTERMEDIARY SERVICES
CHAPTER III
DUE DILIGENCE OBLIGATIONS FOR A TRANSPARENT AND SAFE ONLINE ENVIRONMENT
SECTION 1
Provisions applicable to all providers of intermediary services
SECTION 2
Additional provisions applicable to providers of hosting services, including online platforms
SECTION 3
Additional provisions applicable to providers of online platforms
SECTION 4
Additional provisions applicable to providers of online platforms allowing consumers to conclude distance contracts with traders
SECTION 5
Additional obligations for providers of very large online platforms and of very large online search engines to manage systemic risks
SECTION 6
Other provisions concerning due diligence obligations
CHAPTER IV
IMPLEMENTATION, COOPERATION, PENALTIES AND ENFORCEMENT
SECTION 1
Competent authorities and national Digital Services Coordinators
SECTION 2
Competences, coordinated investigation and consistency mechanisms
SECTION 3
European Board for Digital Services
SECTION 4
Supervision, investigation, enforcement and monitoring in respect of providers of very large online platforms and of very large online search engines
SECTION 5
Common provisions on enforcement
SECTION 6
Delegated and implementing acts
CHAPTER V
FINAL PROVISIONS
- information society service
- recipient of the service
- consumer
- to offer services in the Union
- substantial connection to the Union
- trader
- intermediary service
- mere conduit
- caching
- hosting
- illegal content
- online platform
- online search engine
- dissemination to the public
- distance contract
- online interface
- Digital Services Coordinator of establishment
- Digital Services Coordinator of destination
- active recipient of an online platform
- active recipient of an online search engine
- advertisement
- recommender system
- content moderation
- terms and conditions
- persons with disabilities
- commercial communication
- turnover
- Mere conduit
- Caching
- shall 17
- pursuant 15
- supervisory 13
- commission 13
- to article 12
- paragraph 11
- large 10
- annual 10
- very 10
- the 8
- referred 7
- digital_services_coordinator_of_establishment 6
- amount 6
- acts 5
- board 5
- overall 5
- costs 5
- respect 4
- information 4
- delegated 4
- implementing 4
- regulation 4
- each 4
- request 4
- measures 4
- charged 4
- matter 4
- fees 4
- referral 3
- enforcement 3
- within 3
- assessment 3
- year 3
- taken 3
- online_platform 3
- individual 3
- article 3
- accordance 3
- determination 3
- article 3
- down 3
- review 3
- tasks 3
- under 2
- estimated 2
- providers 2
- in article 2
- with article 2
- months 2
- detailed 2
Article 43
Supervisory fee
1. The Commission shall charge providers of very large online_platforms and of very large online_search_engines an annual supervisory fee upon their designation pursuant to Article 33.
2. The overall amount of the annual supervisory fees shall cover the estimated costs that the Commission incurs in relation to its supervisory tasks under this Regulation, in particular costs related to the designation pursuant to Article 33, to the set-up, maintenance and operation of the database pursuant to Article 24(5) and to the information sharing system pursuant to Article 85, to referrals pursuant to Article 59, to supporting the Board pursuant to Article 62 and to the supervisory tasks pursuant to Article 56 and Section 4 of Chapter IV.
3. The providers of very large online_platforms and of very large online_search_engines shall be charged annually a supervisory fee for each service for which they have been designated pursuant to Article 33.
The Commission shall adopt implementing acts establishing the amount of the annual supervisory fee in respect of each provider of very large online_platform or of very large online_search_engine. When adopting those implementing acts, the Commission shall apply the methodology laid down in the delegated act referred to in paragraph 4 of this Article and shall respect the principles set out in paragraph 5 of this Article. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 88.
4. The Commission shall adopt delegated acts, in accordance with Article 87, laying down the detailed methodology and procedures for:
| (a) | the determination of the estimated costs referred to in paragraph 2; |
| (b) | the determination of the individual annual supervisory fees referred to in paragraph 5, points (b) and (c); |
| (c) | the determination of the maximum overall limit defined in paragraph 5, point (c); and |
| (d) | the detailed arrangements necessary to make payments. |
When adopting those delegated acts, the Commission shall respect the principles set out in paragraph 5 of this Article.
5. The implementing act referred to in paragraph 3 and the delegated act referred to in paragraph 4 shall respect the following principles:
| (a) | the estimation of the overall amount of the annual supervisory fee takes into account the costs incurred in the previous year; |
| (b) | the annual supervisory fee is proportionate to the number of average monthly active recipients in the Union of each very large online_platform or each very large online_search_engine designated pursuant to Article 33; |
| (c) | the overall amount of the annual supervisory fee charged on a given provider of very large online_platform or very large search engine does not, in any case, exceed 0,05 % of its worldwide annual net income in the preceding financial year. |
6. The individual annual supervisory fees charged pursuant to paragraph 1 of this Article shall constitute external assigned revenue in accordance with Article 21(5) of Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council (41).
7. The Commission shall report annually to the European Parliament and to the Council on the overall amount of the costs incurred for the fulfilment of the tasks under this Regulation and the total amount of the individual annual supervisory fees charged in the preceding year.
SECTION 6
Other provisions concerning due diligence obligations
Article 59
referral to the Commission
1. In the absence of a communication within the period laid down in Article 58(5), in the case of a disagreement of the Board with the assessment or the measures taken or envisaged pursuant to Article 58(5) or in the cases referred to in Article 60(3), the Board may refer the matter to the Commission, providing all relevant information. That information shall include at least the request or recommendation sent to the Digital_Services_Coordinator_of_establishment, the assessment by that Digital Services Coordinator, the reasons for the disagreement and any additional information supporting the referral.
2. The Commission shall assess the matter within two months following the referral of the matter pursuant to paragraph 1, after having consulted the Digital_Services_Coordinator_of_establishment.
3. Where, pursuant to paragraph 2 of this Article, the Commission considers that the assessment or the investigatory or enforcement measures taken or envisaged pursuant to Article 58(5) are insufficient to ensure effective enforcement or otherwise incompatible with this Regulation, it shall communicate its views to the Digital_Services_Coordinator_of_establishment and the Board and request the Digital_Services_Coordinator_of_establishment to review the matter.
The Digital_Services_Coordinator_of_establishment shall take the necessary investigatory or enforcement measures to ensure compliance with this Regulation, taking utmost account of the views and request for review by the Commission. The Digital_Services_Coordinator_of_establishment shall inform the Commission, as well as the requesting Digital Services Coordinator or the Board that took action pursuant to Article 58(1) or (2), about the measures taken within two months from that request for review.
whereas