Transitional provisions on costs, budget and levying of the levy for the task area Financial Reporting Enforcement

(1) Section 17a and section 17d, and the provisions of the Financial Reporting Enforcement Costs Levy Ordinance, apply for the last time to the levying of the levy and to budget management for levy year 2021. Section 17c applies for the last time to costs of examinations incurred in 2021.
(2) The costs necessary for performing the tasks of the body recognised as the Enforcement Panel under section 342b(1) of the Commercial Code, in the version in force until 31 December 2021, and arising after 31 December 2021, are costs of the task area Financial Reporting Enforcement within the meaning of section 16b, in the version in force from 1 July 2021. For the levy settlement, BaFin treats the advance payment made by it to the body recognised as the Enforcement Panel under section 342b(1) of the Commercial Code, in the version in force until 31 December 2021, under subsection (3), third sentence, which is offset against the equalisation payment to be made under subsection (5) or (6) for the previous year, as the costs incurred by the body recognised as the Enforcement Panel under section 342b(1) of the Commercial Code, in the version in force until 31 December 2021, within the meaning of section 16b. By way of derogation from the second sentence, for levy year 2025, in ascertaining the costs within the meaning of section 16b, only the equalisation payments from previous years that have not yet been taken into account in previous levy settlements are offset against the advance payment made by BaFin to the body recognised as the Enforcement Panel under section 342b(1) of the Commercial Code, in the version in force until 31 December 2021, under subsection (3), third sentence. An existing investment reserve within the meaning of section 17a in conjunction with section 12(4), second sentence at the body recognised as the Enforcement Panel under section 342b(1) of the Commercial Code, in the version in force until 31 December 2021, must be dissolved as at 31 December 2021.
(3) The body recognised as the Enforcement Panel under section 342b(1) of the Commercial Code, in the version in force until 31 December 2021, must draw up, in agreement with BaFin, a financial plan for the following year covering the funds necessary to finance its costs under subsection (2), first sentence. The financial plan must be submitted to the Federal Ministry of Finance for approval. BaFin advances to the Enforcement Panel the costs expected to be incurred by it under the financial plan, from the levy advance payment collected under section 16n, in the version in force from 1 July 2021. Section 342d, first to third sentences of the Commercial Code, in the version in force until 31 December 2021, does not apply for financial year 2022.
(4) After the end of the financial year, the body recognised as the Enforcement Panel under section 342b(1) of the Commercial Code, in the version in force until 31 December 2021, must draw up an income-and-expenditure account, to be examined by an auditor, and submit it to BaFin by 30 April of the year following the levy year. This must contain the costs of the body recognised as the Enforcement Panel under section 342b(1) of the Commercial Code, in the version in force until 31 December 2021, under subsection (2), first sentence.
(5) Where it emerges that the advance payment made under subsection (3), third sentence does not cover the costs of the body recognised as the Enforcement Panel under section 342b(1) of the Commercial Code, in the version in force until 31 December 2021, under subsection (2), first sentence, BaFin must offset the resulting shortfall, from the levy it has collected, against the body that was recognised as the Enforcement Panel under section 342b(1) of the Commercial Code, in the version in force until 31 December 2021. The costs of the body recognised as the Enforcement Panel under section 342b(1) of the Commercial Code, in the version in force until 31 December 2021, under subsection (2), first sentence, result from the income-and-expenditure account to be drawn up under subsection (4), first and second sentences.
(6) The body recognised as the Enforcement Panel under section 342b(1) of the Commercial Code, in the version in force until 31 December 2021, must reimburse to BaFin any overpayments from the advance payment made to it under subsection (3), third sentence, as soon as the discharge under subsection (4), third sentence is granted, but at the latest by 31 May of the year following the financial year.
(7) Sections 16 to 16m and 16o to 16s, in the version in force from 1 July 2021, apply for the first time to levy year 2022. Shortfalls, uncollected amounts and surpluses arising after 31 December 2021 that would have been attributable to the tasks under section 17a, first sentence in conjunction with section 17d(1), first sentence, in the version in force for levy year 2021, and that have not yet been taken into account under section 8(2) of the Financial Reporting Enforcement Costs Levy Ordinance, are deemed shortfalls, uncollected amounts and surpluses within the meaning of section 16c(1), in the version in force from 1 July 2021. They are attributable to BaFin's task area Financial Reporting Enforcement.
(8) Section 16n, in the version in force from 1 July 2021, applies for the first time to the levying of the advance payment for 2024. For the advance payments for levy years 2022 and 2023, section 16n, in the version in force from 1 July 2021, applies with the proviso that the part of the levy year most recently settled under section 17d in conjunction with the relevant provisions of the Financial Reporting Enforcement Costs Levy Ordinance is to be included in the apportionment ratios within the meaning of section 16n(3), second sentence. Liable to make the advance payment in the task area Financial Reporting Enforcement for levy years 2022 and 2023 is whoever was liable to the levy within the meaning of section 17d(1), second sentence in the last settled year and is, in the year the advance payment is assessed, liable to the levy within the meaning of section 17d(1), second sentence, or is in the task area Financial Reporting Enforcement.