COMMISSION REGULATION (EC) No 340/2008
of 16 April 2008
on the fees and charges payable to the European Chemicals Agency pursuant to Regulation (EC) No
1907/2006 of the European Parliament and of the Council on the Registration, Evaluation,
Authorisation and Restriction of Chemicals (REACH)
(Text with EEA relevance)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European
Community,
Having regard to Regulation (EC) No 1907/2006 of the
European Parliament and of the Council of 18 December2006 concerning the Registration, Evaluation, Authorisationand Restriction of Chemicals (REACH), establishing aEuropean Chemicals Agency, amending Directive 1999/45/ECand repealing Council Regulation (EEC) No 793/93 andCommission Regulation (EC) No 1488/94 as well as CouncilDirective 76/769/EEC and Commission Directives 91/155/EEC,93/67/EEC, 93/105/EC and 2000/21/EC (
1), and in particular
Article 74(1) and Article 132 thereof,
Whereas:
(1) The structure and amounts of the fees and charges
collected by the European Chemicals Agency, hereinafterthe ‘Agency ’, as well as the rules for payment should be
established.
(2) The structure and amount of the fees should takeaccount of the work required by Regulation (EC) No1907/2006 to be carried out by the Agency and thecompetent authorities and should be fixed at such alevel as to ensure that the revenue derived from themwhen combined with other sources of the Agency'srevenue pursuant to Article 96(1) of Regulation (EC)No 1907/2006 is sufficient to cover the cost of theservices delivered. The fees for registration should alsotake into account the work that may be done pursuant
to Title VI of Regulation (EC) No 1907/2006.
(3) A fee should be set for the registration of substances
which should depend on the tonnage range of thosesubstances. However, no fee should be levied for regis-trations covered by Article 74(2) of Regulation (EC) No1907/2006.
(4) Specific fees should be levied in the case of registrationsof isolated intermediates submitted under Article 17(2),Article 18(2) or (3) or Article 19 of Regulation (EC) No1907/2006.(5) Requests made in accordance with Article 10(a)(xi) ofRegulation (EC) No 1907/2006 should also give rise to
the payment of a fee.
(6) A fee should be levied for updates to the registration. In
particular, a fee should be paid for updates of thetonnage range, for changes in the identity of theregistrant involving a change in legal personality, andfor certain changes in the status of the informationcontained in the registration.
(7) A fee should be levied for the notification of informationconcerning product and process oriented research anddevelopment (PPORD) in accordance with Article 9 ofRegulation (EC) No 1907/2006. A charge should belevied also for any request for an extension of aPPORD exemption.
(8) A fee should be levied for the submission of an appli-cation for an authorisation. The fee should consist of abase fee that should cover one substance, one use, andone applicant, and additional fees for any additionalsubstance, use, or applicant covered by the application.A charge should also be levied for the submission of areview report.
(9) Reduced fees and charges should apply in the case ofcertain joint submissions. Reduced fees and chargesshould also apply to micro, small and medium-sizedenterprises (SMEs) within the meaning of CommissionRecommendation 2003/361/EC of 6 May 2003concerning the definition of micro, small and medium-sized enterprises (
2).
(10) In case of an only representative, the assessment ofwhether the reduction for SMEs applies should be doneby reference to the headcount, turnover and balancesheet information of the non-Community manufacturer,formulator of a preparation, or producer of an articlethat is represented by that only representative inconnection with that transaction, including relevantinformation from linked and partner companies of thenon-Community manufacturer, formulator of apreparation, or producer of an article, in accordancewith Recommendation 2003/361/EC.EN L 107/6 Official Journal of the European Union 17.4.2008
(1) OJ L 396, 30.12.2006, p. 1, as corrected by OJ L 136, 29.5.2007,
p. 3. Regulation as amended by Council Regulation (EC) No1354/2007 (OJ L 304, 22.11.2007, p. 1).
(2) OJ L 124, 20.5.2003, p. 36.(11) Reductions provided for in this Regulation should apply
on the basis of a declaration of the entity that claims tobe entitled to the reduction. The submission of falseinformation should be discouraged by the impositionof an administrative charge by the Agency and adissuasive fine by the Member States, if appropriate.
(12) A fee should be levied for any appeal lodged inaccordance with Article 92 of Regulation (EC) No1907/2006. The amount of the fee should take intoaccount the complexity of the work involved.
(13) Fees and charges should be levied in euro only.
(14) A proportion of the fees and charges collected by theAgency should be transferred to the competent authori-ties of the Member States to compensate them for thework of the rapporteurs of the committees of the Agencyand, as appropriate, for other tasks provided for in Regu-lation (EC) No 1907/2006. The maximum proportion ofthe fees and charges to be transferred to the competentauthorities of the Member States should be determinedby the Management Board of the Agency following afavourable opinion from the Commission.
(15) In fixing the amounts to be transferred to the competentauthorities of the Member States and in fixing anynecessary remuneration in respect of any other agreedwork done for the Agency, the Management Board ofthe Agency should observe the principle of soundfinancial management as defined in Article 27 ofCouncil Regulation (EC, Euratom) No 1605/2002 of25 June 2002 on the Financial Regulation applicable to
the general budget of the European Communities (
1). It
should also ensure that the Agency continues to haveavailable sufficient financial resources to undertake itstasks, having regard to existing and pluriannualestimated budgetary appropriations and it should takeinto account the workload involved for the competentauthorities of the Member States.
(16) Deadlines for the payment of fees and charges leviedunder this Regulation should be fixed taking dueaccount of the deadlines of the procedures provided forin Regulation (EC) No 1907/2006. In particular, the firstdeadline for payment of the fee in connection with thesubmission of a registration dossier or the submission ofan update should be fixed taking into account thedeadlines during which the Agency must perform thecompleteness check. Likewise, the first deadline forpayment of fees in connection with notifications for anexemption from the obligation to register for productand process orientated research and developmentshould be fixed taking into account the deadline
provided for in Article 9(5) of Regulation (EC) No1907/2006. However, a second reasonable deadlineshould be set by the Agency for payments that are notmade before expiry of the first deadline.
(17) Fees and charges provided for under this Regulationshould be adapted to take account of inflation and forthat purpose the European Index of Consumer Pricespublished by Eurostat pursuant to Council Regulation(EC) No 2494/95 of 23 October 1995 concerningharmonised indices of consumer prices (
2) should be
used.
(18) The measures provided for in this Regulation are inaccordance with the opinion of the Committee estab-lished under Article 133 of Regulation (EC) No1907/2006,
HAS ADOPTED THIS REGULATION:
CHAPTER I
SUBJECT MATTER AND DEFINITIONS
Article 1
Subject matter
This Regulation lays down the amounts, and rules for payment,
of the fees and charges levied by the European ChemicalsAgency, hereinafter the ‘Agency ’, as provided for in Regulation
(EC) No 1907/2006.
Article 2
Definitions
For the purposes of this Regulation:
1. ‘SME ’means a micro, small or medium-sized enterprise
within the meaning of Recommendation 2003/361/EC;
2. ‘medium enterprise ’means a medium-sized enterprise within
the meaning of Recommendation 2003/361/EC;
3. ‘small enterprise ’means a small enterprise within the
meaning of Recommendation 2003/361/EC;
4. ‘micro enterprise ’means a micro enterprise within the
meaning of Recommendation 2003/361/EC.EN 17.4.2008 Official Journal of the European Union L 107/7
(1) OJ L 248, 16.9.2002, p. 1. Regulation as last amended by Regu-
lation (EC) No 1525/2007 (OJ L 343, 27.12.2007, p. 9).(2) OJ L 257, 27.10.1995, p. 1. Regulation as amended by Regulation
(EC) No 1882/2003 of the European Parliament and of the Council(OJ L 284, 31.10.2003, p. 1).CHAPTER II
FEES AND CHARGES
Article 3
Fees for registrations submitted under Articles 6, 7 or 11
of Regulation (EC) No 1907/2006
1. The Agency shall levy a fee, as provided for in paragraphs
2, 3 and 4 of this Article, for any registration of a substanceunder Article 6, 7 or 11 of Regulation (EC) No 1907/2006.
However, no fee shall be levied for the registration of a
substance in a quantity of between 1 and 10 tonnes wherethe submission of the registration contains all the informationrequired in Annex VII to Regulation (EC) No 1907/2006, asprovided for in Article 74(2) of that Regulation.
2. Where the submission for registration of a substance in
the range of 1 to 10 tonnes does not contain all the infor-mation required in Annex VII to Regulation (EC) No1907/2006, the Agency shall levy a fee, as set out in AnnexI to this Regulation.
The Agency shall levy a fee for any registration of a substance
in a quantity of 10 tonnes or more, as set out in Annex I.
3. In the case of a joint submission the Agency shall levy a
reduced fee on each registrant, as set out in Annex I.
However, if a registrant submits separately part of the relevant
information referred to in Article 10(a)(iv), (vi), (vii) and (ix) ofRegulation (EC) No 1907/2006, the Agency shall levy a fee foran individual submission on that registrant, as set out in AnnexI to this Regulation.
4. Where the registrant is an SME, the Agency shall levy a
reduced fee, as set out in Table 2 of Annex I.
5. Fees due under paragraphs 1 to 4 shall be paid within 14
calendar days from the date on which the invoice is notified tothe registrant by the Agency.
However, invoices linked to a registration of a pre-registered
substance that is submitted to the Agency during the two
months that precede the relevant registration deadline ofArticle 23 of Regulation (EC) No 1907/2006 shall be paidwithin 30 days from the date on which the invoice is notifiedto the registrant by the Agency.
6. Where the payment is not made before expiry of the
deadline provided for in paragraph 5, the Agency shall set asecond deadline for the payment. Where the payment is notmade before expiry of the second deadline, the registration shall
be rejected.
7. Where the registration has been rejected due to the failure
of the registrant to submit missing information or due to hisfailure to pay the fee before expiry of the deadlines, the feespaid in relation to that registration shall not be refunded orotherwise credited to the registrant.
Article 4
Fees for registrations submitted under Article 17(2),
Article 18(2) or (3) or Article 19 of Regulation (EC) No
1907/2006
1. The Agency shall levy a fee, as provided for in paragraphs
2, 3 and 4 of this Article, for any registration of an on-site ortransported isolated intermediate under Article 17(2),Article 18(2) or (3) or Article 19 of Regulation (EC) No
1907/2006.
However, no fee shall be levied for the registration of an on-site
or transported isolated intermediate in a quantity of between 1and 10 tonnes where the submission of the registrationcontains all the information required in Annex VII to Regu-lation (EC) No 1907/2006 as provided for in Article 74(2) ofthat Regulation.
The fees under this Article shall only apply to registrations of
on-site or transported isolated intermediates submitted underArticle 17(2), Article 18(2) or (3) or Article 19 of Regulation(EC) No 1907/2006. In the case of registrations of intermediatesubstances that require the information specified in Article 10of Regulation (EC) No 1907/2006, the fees set out in Article 3of this Regulation shall apply.
2. Where the submission for registration of an on-site or
transported isolated intermediate in the range of 1 to 10tonnes does not contain all the information required inAnnex VII to Regulation (EC) No 1907/2006, the Agency
shall levy a fee, as set out in Annex II to this Regulation.
The Agency shall levy a fee for any registration of an on-site or
transported isolated intermediate in a quantity of 10 tonnes ormore, as set out in Annex II.
3. In the case of a joint submission the Agency shall levy a
reduced fee on each registrant, as set out in Annex II.
However, if a registrant submits separately part of the relevant
information referred to in Article 17(2)(c) and (d), orArticle 18(2)(c) and (d) of Regulation (EC) No 1907/2006, theAgency shall levy a fee for an individual submission on thatregistrant, as set out in Annex II to this Regulation.EN L 107/8 Official Journal of the European Union 17.4.20084. Where the registrant is an SME, the Agency shall levy a
reduced fee, as set out in Table 2 of Annex II.
5. Fees due under paragraphs 1 to 4 shall be paid within 14
calendar days from the date on which the invoice is notified tothe registrant by the Agency.
However, invoices linked to a registration of a pre-registered
substance that is submitted to the Agency during the twomonths that precede the relevant registration deadline ofArticle 23 of Regulation (EC) No 1907/2006 shall be paidwithin 30 days from the date on which the invoice is notifiedto the registrant by the Agency.
6. Where the payment is not made before the expiry of the
deadline provided for in paragraph 5, the Agency shall set asecond deadline for the payment. Where the payment is notmade before the expiry of the second deadline, the registrationshall be rejected.
7. Where the registration has been rejected due to the failure
of the registrant to submit missing information or due to hisfailure to pay the fee before expiry of the deadlines, the feespaid in relation to that registration shall not be refunded orotherwise credited to the registrant.
Article 5
Fees for updates of a registration under Article 22 of
Regulation (EC) No 1907/2006
1. The Agency shall levy a fee, as provided for in paragraphs
2, 3 and 4 of this Article, for updates of a registration under
Article 22 of Regulation (EC) No 1907/2006.
However, the Agency shall not levy a fee for the following
updates of a registration:
(a) a change from a higher to a lower tonnage range;(b) a change from a lower to a higher tonnage range if the
registrant has previously paid the fee for that higher tonnagerange;
(c) a change in the status of the registrant or his identity,
provided that it does not involve a change in legalpersonality;
(d) a change in the composition of the substance;
(e) information on new uses including uses advised against;
(f) information on new risks of the substance;(g) a change in the classification and labelling of the substance;
(h) a change in the chemical safety report;(i) a change in the guidance on safe use;
(j) a notification that a test listed in Annex IX or X to Regu-
lation (EC) No 1907/2006 must be developed;
(k) a request for previously confidential information to be
accessible.
2. The Agency shall levy a fee for updates of the tonnage
range, as set out in Tables 1 and 2 of Annex III.
For other updates, the Agency shall levy a fee, as set out in
Tables 3 and 4 of Annex III.
3. In the case of an update to a joint submission the Agency
shall levy a reduced fee on each registrant submitting theupdate, as set out in Annex III.
However, if part of the relevant information referred to in
Article 10(a)(iv), (vi), (vii) and (ix), Article 17(2)(c) and (d), or
Article 18(2)(c) and (d) of Regulation (EC) No 1907/2006 is
submitted separately, the Agency shall levy a fee for an indi-vidual submission, as set out in Annex III to this Regulation.
4. Where the registrant is an SME, the Agency shall levy a
reduced fee, as set out in Annex III.
However, in cases of updates involving a change in the identity
of the registrant, the SME reduction shall apply only if the newentity is an SME.
5. Fees due under paragraphs 1 to 4 shall be paid within 14
calendar days from the date on which the invoice is notified tothe registrant by the Agency.
6. Where the payment is not made before expiry of the
deadline provided for in paragraph 5, the Agency shall set asecond deadline for the payment.
Where the payment is not made before expiry of the second
deadline, in the case of updates of the tonnage range submittedin accordance with Article 22(1)(c) of Regulation (EC) No1907/2006, the update shall be rejected.EN 17.4.2008 Official Journal of the European Union L 107/9Where the payment is not made before expiry of the second
deadline, in the case of other updates, the update shall berejected after the Agency has given formal warning to theregistrant.
7. Where the update has been rejected due to the failure of
the registrant to submit missing information or due to hisfailure to pay the fee before expiry of the deadlines, the feespaid in relation to that update shall not be refunded orotherwise credited to the registrant.
Article 6
Fees for requests under Article 10(a)(xi) of Regulation (EC)
No 1907/2006
1. The Agency shall levy a fee, as provided for in paragraphs
2, 3 and 4 of this Article, for any request under Article 10(a)(xi)of Regulation (EC) No 1907/2006.
2. The Agency shall levy a fee per item for which a request is
made, as set out in Annex IV.
In the case of a request concerning study summaries or robust
study summaries, the Agency shall levy a fee for each studysummary or robust study summary for which the request ismade.
3. In the case of a request that refers to a joint submission,
the Agency shall levy a reduced fee on each registrant, as set outin Annex IV.
4. Where the request is made by an SME, the Agency shall
levy a reduced fee, as set out in Table 2 of Annex IV.
5. The date on which the fee levied for a request is received
by the Agency shall be considered to be the date of receipt ofthe request.
Article 7
Fees and charges for notifications under Article 9 of
Regulation (EC) No 1907/2006
1. The Agency shall levy a fee, as set out in Table 1 of
Annex V to this Regulation, for any notification for anexemption from the general obligation to register for productand process orientated research and development, hereinafter‘PPORD ’, under Article 9 of Regulation (EC) No 1907/2006.
Where the notification is made by an SME, the Agency shall
levy a reduced fee as set out in Table 1 of Annex V.
2. The Agency shall levy a charge, as set out in Table 2 of
Annex V to this Regulation, for any request to extend anexemption from the general obligation to register for PPORD
under Article 9 of Regulation (EC) No 1907/2006.
Where the request is made by an SME, the Agency shall levy a
reduced charge as set out in Table 2 of Annex V.
3. Fees due under paragraph 1 shall be paid within seven
calendar days from the date on which the invoice is notified bythe Agency to the manufacturer, importer, or producer ofarticles making the notification.
Charges due under paragraph 2 shall be paid within 30 calendar
days from the date on which the invoice is notified by theAgency to the manufacturer, importer, or producer of articlesrequesting an extension.
4. Where the payment is not made before expiry of the
deadline provided for in paragraph 3, the Agency shall set asecond deadline for the payment.
Where the payment is not made before expiry of the second
deadline, the notification or the request for an extension shallbe rejected.
5. Where a notification or the request for an extension has
been rejected due to the failure of the registrant to submitmissing information or due to his failure to pay the fee or
charges before expiry of the deadlines, the fees or charges
paid in relation to that notification or that request for anextension shall not be refunded or otherwise credited to theperson making the notification or the request.
Article 8
Fees for applications under Article 62 of Regulation (EC)
No 1907/2006
1. The Agency shall levy a fee, as provided for in paragraphs
2 and 3 of this Article, for any application for an authorisationof a substance under Article 62 of Regulation (EC) No1907/2006.
2. The Agency shall levy a base fee for any application for an
authorisation of a substance, as set out in Annex VI. The basefee shall cover the application for an authorisation for onesubstance, one use, and one applicant.
The Agency shall levy an additional fee, as set out in Annex VI
to this Regulation, for each additional use, for each additionalsubstance that meets the definition of a group of substances asdefined in Section 1(5) of Annex XI to Regulation (EC) No1907/2006 and that is covered by the application, and foreach additional applicant that is party to the application.EN L 107/10 Official Journal of the European Union 17.4.2008For the purposes of this paragraph, each exposure scenario shall
be considered a different use.
3. Where the application is submitted by a medium
enterprise or by two or more SMEs only, of which the largestenterprise is a medium enterprise, the Agency shall levy areduced base fee and reduced additional fees, as set out inTable 2 of Annex VI.
Where the application is submitted by a small enterprise or by
two or more SMEs only, of which the largest enterprise is asmall enterprise, the Agency shall levy a reduced base fee andreduced additional fees, as set out in Table 3 of Annex VI.
Where the application is submitted by one or more micro
enterprises only, the Agency shall levy a reduced base fee and
reduced additional fees, as set out in Table 4 of Annex VI.
4. The date on which the fee levied for the application for an
authorisation is received by the Agency shall be considered tobe the date of receipt of the application.
Article 9
Charges for reviews of authorisations under Article 61 of
Regulation (EC) No 1907/2006
1. The Agency shall levy a charge, as provided for in para-
graphs 2 and 3 of this Article, for any submission of a reviewreport under Article 61 of Regulation (EC) No 1907/2006.
2. The Agency shall levy a base charge for submission of any
review report, as set out in Annex VII. The base charge shallcover the submission of a review report for one substance, oneuse, and one applicant.
The Agency shall levy an additional charge, as set out in Annex
VII to this Regulation, for each additional use, for each addi-
tional substance that meets the definition of a group of
substances as defined in Section 1(5) of Annex XI to Regulation(EC) No 1907/2006 and that is covered by the review report,and for each additional entity covered by the review report.
For the purposes of this paragraph, each exposure scenario shall
be considered a different use.
3. Where the application is submitted by a medium
enterprise or by two or more SMEs only, of which the largestenterprise is a medium enterprise, the Agency shall levy areduced base charge and reduced additional charges, as setout in Table 2 of Annex VII.
Where the application is submitted by a small enterprise or by
two or more SMEs only, of which the largest enterprise is asmall enterprise, the Agency shall levy a reduced base charge
and reduced additional charges, as set out in Table 3 of AnnexVII.
Where the application is submitted by one or more micro
enterprises only, the Agency shall levy a reduced base chargeand reduced additional charges as set out in Table 4 of AnnexVII.
4. The date on which the charge levied for submission of the
review report is received by the Agency shall be considered tobe the date of receipt of the submission.
Article 10
Fees for appeals against a decision of the Agency under
Article 92 of Regulation (EC) No 1907/2006
1. The Agency shall levy a fee, as set out in Annex VIII to
this Regulation, for any submission of an appeal against adecision of the Agency under Article 92 of Regulation (EC)No 1907/2006.
2. Where the appeal is submitted by an SME, the Agency
shall levy a reduced fee, as set out in Table 2 of Annex VIII.
3. If the appeal is considered inadmissible by the Board of
Appeal, the fee shall not be refunded.
4. The Agency shall refund the fee levied in accordance with
paragraph 1 of this Article if the Executive Director of the
Agency rectifies a decision in accordance with Article 93(1) ofRegulation (EC) No 1907/2006, or if the appeal is decided infavour of the appellant.
5. An appeal shall not be considered to be received by the
Board of Appeal until the relevant fee has been received by theAgency.
Article 11
Other charges
1. A charge may be levied for administrative and technical
services provided by the Agency at the request of a party whichare not covered by another fee or charge provided for in thisRegulation. The level of the charge shall take into account theworkload involved.
However, charges shall not be levied for the assistance provided
by its Helpdesk and for the support to Member States asprovided for in Article 77(2)(h) and (i) of Regulation (EC) No1907/2006.EN 17.4.2008 Official Journal of the European Union L 107/11The Executive Director of the Agency may decide not to levy a
charge on international organisations or countries that requestassistance from the Agency.
2. The charges for administrative services shall be paid
within 30 calendar days from the date on which the invoiceis notified by the Agency.
3. Where the payment is not made before expiry of the
deadline provided for in paragraph 2, the Agency shall set asecond deadline for the payment.
Where the payment is not made before expiry of the second
deadline, the Agency shall reject the request.
4. In the absence of contractual agreement to the contrary,
the charges for technical services shall be paid before the serviceis provided.
5. A classification of the services and charges shall be drawn
up by the Management Board of the Agency and adopted aftera favourable opinion by the Commission.
Article 12
Only representatives
In the case of an only representative referred to in Article 8 of
Regulation (EC) No 1907/2006, the assessment of whether thereduction for SMEs applies shall be determined by reference tothe headcount, turnover and balance sheet information of thenon-Community manufacturer, formulator of a preparation, orproducer of an article that is represented by that only represen-tative in connection with the transaction concerned, includingrelevant information from linked and partner companies of thenon-Community manufacturer, formulator of a preparation, orproducer of an article, in accordance with Recommendation2003/361/EC.
Article 13
Reductions and fee waiver
1. A natural or legal person that claims to be entitled to a
reduced fee or charge under Articles 3 to 10 shall inform theAgency thereof at the time of the submission of the registration,update of registration, request, notification, application, reviewreport or appeal giving rise to the payment of the fee.
2. A natural or legal person that claims to be entitled to the
fee waiver under Article 74(2) of Regulation (EC) No1907/2006 shall inform the Agency thereof at the time ofthe submission of the registration.
3. The Agency may request, at any time, evidence that the
conditions for a reduction of fees or charges or for a fee waiverapply.4. Where a natural or legal person that claims to be entitled
to a reduction or a fee waiver cannot demonstrate that it isentitled to such a reduction or waiver, the Agency shall levy thefull fee or charge as well as an administrative charge.
Where a natural or legal person that has claimed to be entitled
to a reduction has already paid a reduced fee or charge, butcannot demonstrate that it is entitled to such a reduction, theAgency shall levy the balance of the full fee or charge as well asan administrative charge.
Paragraphs 2, 3 and 5 of Article 11 shall apply mutatis mutandis .
CHAPTER III
PAYMENT OF REMUNERATION BY THE AGENCY
Article 14
Transfers of funds to Member States
1. A proportion of the fees and charges collected under this
Regulation shall be transferred to the competent authorities ofthe Member States in the following cases:
(a) where the competent authority of the Member State notifies
to the Agency the conclusion of an evaluation procedure fora substance in accordance with Article 46(4) of Regulation(EC) No 1907/2006;
(b) where the competent authority has appointed a member of
the Committee for Risk Assessment who acts as rapporteurin the context of an authorisation procedure, including inthe context of a review;
(c) where the competent authority of the Member State has
appointed a member of the Committee for SocioeconomicAnalysis who acts as rapporteur in the context of an au-thorisation procedure, including in the context of a review;
(d) where the competent authority of the Member State has
appointed a member of the Committee for Risk Assessmentwho acts as rapporteur in the context of a restrictionsprocedure;
(e) where the competent authority of the Member State has
appointed a member of the Committee for SocioeconomicAnalysis who acts as rapporteur in the context of arestrictions procedure;
(f) where appropriate, for other tasks performed by the
competent authorities at the request of the Agency.EN L 107/12 Official Journal of the European Union 17.4.2008When the Committees referred to in this paragraph decide to
appoint a co-rapporteur, the transfer shall be divided betweenthe rapporteur and the co-rapporteur.
2. The amounts for each of the tasks identified under
paragraph 1 of this Article and the maximum proportion ofthe fees and charges to be transferred to the competent au-thorities of the Member States as well as any arrangementsnecessary for the transfer, shall be set by the Management
Board of the Agency following a favourable opinion from the
Commission. In fixing the amounts to be transferred, theManagement Board of the Agency shall comply with the prin-ciples of economy, efficiency and effectiveness as defined inArticle 27 of Regulation (EC, Euratom) No 1605/2002. Itshall also ensure that the Agency continues to have availablesufficient financial resources to undertake its tasks as defined inRegulation (EC) No 1907/2006, having regard to its existingbudgetary appropriations and pluriannual estimates of income,including a Community subsidy, and it shall take into accountthe workload for the competent authorities of the MemberStates.
3. Transfers provided for in paragraph 1 shall be made only
after the relevant report has been made available to the Agency.
However, the Management Board of the Agency may decide to
authorise pre-financing or interim payments in accordance withArticle 81(1) of Regulation (EC, Euratom) No 1605/2002.
4. The transfers of funds provided for in points (b) to (e) of
paragraph 1 are intended to compensate competent authoritiesof a Member State for the work of the rapporteur or co-rapporteur and for any related scientific and technical supportand shall be without prejudice to the obligation of MemberStates not to give instructions incompatible with the inde-pendence of the Agency.
Article 15
Other remuneration
In fixing the amounts of the payments made to remunerate
experts or co-opted members of the committees for workdone for the Agency in accordance with Article 87(3) of Regu-lation (EC) No 1907/2006, the Management Board of theAgency shall take into account the workload involved and itshall comply with the principles of economy, efficiency andeffectiveness as defined in Article 27 of the Regulation (EC,Euratom) No 1605/2002. It shall also ensure that the Agencyhas sufficient financial resources available to undertake its tasksas defined in Regulation (EC) No 1907/2006, having regard toits existing budgetary appropriations and pluriannual estimatesof income, including a Community subsidy.
CHAPTER IV
PAYMENTS
Article 16
Mode of payment
1. The fees and charges shall be paid in euro.2. Payments shall be made only after the Agency has issued
an invoice, with the exception of payments due underArticle 10.
3. Payments shall be made by means of a transfer to the
bank account of the Agency.
Article 17
Identification of the payment
1. Every payment must indicate in the reference field the
invoice number, with the exception of payments due underArticle 10.
Payments due under Article 10 shall indicate in the reference
field the identity of the appellant(s) and, if available, the numberof the decision that is being appealed.
2. If the purpose of the payment cannot be established, the
Agency shall set a deadline by which the payer must notify it inwriting of the purpose of the payment. If the Agency does notreceive a notification of the purpose of the payment beforeexpiry of that deadline, the payment shall be consideredinvalid and the amount concerned shall be refunded to thepayer.
Article 18
Date of payment
1. The date on which the full amount of the payment is
deposited in a bank account held by the Agency shall be
considered to be the date on which the payment has beenmade.
2. The payment shall be considered to have been made in
time where sufficient documentary evidence is produced toshow that the payer ordered the transfer to the bank accountindicated on the invoice before expiry of the relevant deadline.
A confirmation of the transfer order issued by a financial insti-
tution shall be regarded as sufficient evidence. However, wherethe transfer requires the use of the SWIFT electronic bankpayment method, the acknowledgement of provision of thetransfer order shall take the form of a copy of the SWIFTreport, stamped and signed by a duly authorised official of afinancial institution.
Article 19
Insufficient payment
1. A deadline for payment shall be considered to have been
observed only if the full amount of the fee or charge has beenpaid in due time.EN 17.4.2008 Official Journal of the European Union L 107/132. When an invoice relates to a group of transactions, the
Agency may attribute any under-payment to any of the relevanttransactions. The criteria for the attribution of payments shallbe laid down by the Management Board of the Agency.
Article 20
Refund of amounts paid in excess
1. The arrangements for the refund to the payer of amounts
paid in excess of a fee or a charge shall be fixed by theExecutive Director of the Agency and published on thewebsite of the Agency.
However, where an amount paid in excess is under EUR 100
and the party concerned has not expressly requested a refund,the amount paid in excess shall not be refunded.
2. It shall not be possible to count any amounts paid in
excess towards future payments to the Agency.
CHAPTER V
FINAL PROVISIONS
Article 21
Provisional estimate
The Management Board of the Agency shall, when producing an
estimate of the overall expenditure and income for thefollowing financial year in accordance with Article 96(5) of
Regulation (EC) No 1907/2006, include a specific provisionalestimate of income from fees and charges which is separatefrom income from any subsidy from the Community.
Article 22
Review
1. The fees and charges provided for in this Regulation shall
be reviewed annually by reference to the inflation rate asmeasured by means of the European Index of ConsumerPrices as published by Eurostat pursuant to Regulation (EC)No 2494/95. A first review shall be carried out by 1 June 2009.
2. The Commission shall also keep this Regulation under
continual review in the light of significant information
becoming available in relation to the underlying assumptions
for anticipated income and expenditure of the Agency. At thelatest, by 1 January 2013, the Commission shall review thisRegulation with a view to amend it, if appropriate, takinginto account in particular the costs of the Agency and therelated costs of the services provided by the competent au-thorities of the Member States.
Article 23
Entry into force
This Regulation shall enter into force on the third day following
its publication in the Official Journal of the European Union .
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 16 April 2008.
For the Commission
Günter VERHEUGEN
Vice-PresidentEN L 107/14 Official Journal of the European Union 17.4.2008ANNEX I
Fees for registrations submitted under Articles 6, 7 or 11 of Regulation (EC) No 1907/2006
Table 1
Standard fees
(EUR)
Individual submission Joint submission
Fee for substances in the range of 1 to 10 tonnes 1 600 1 200
Fee for substances in the range 10 to 100 tonnes 4 300 3 225Fee for substances in the range 100 to 1 000 tonnes 11 500 8 625Fee for substances above 1 000 tonnes 31 000 23 250
Table 2
Reduced fees for SMEs
(EUR)
Medium
enterprise
(Individual
submission)Medium
enterprise
(Joint
submission)Small
enterprise
(Individual
submission)Small
enterprise
(Joint
submission)Micro
enterprise
(Individual
submission)Micro
enterprise
(Joint
submission)
Fee for substances in the range of 1
to 10 tonnes1 120 840 640 480 160 120
Fee for substances in the range 10
to 100 tonnes3 010 2 258 1 720 1 290 430 323
Fee for substances in the range 100
to 1 000 tonnes8 050 6 038 4 600 3 450 1 150 863
Fee for substances above 1 000
tonnes21 700 16 275 12 400 9 300 3 100 2 325EN 17.4.2008 Official Journal of the European Union L 107/15ANNEX II
Fees for registrations submitted under Articles 17(2), 18(2), 18(3) or 19 of Regulation (EC) No 1907/2006
Table 1
Standard fees
(EUR)
Individual submission Joint submission
Fee 1 600 1 200
Table 2
Reduced fees for SMEs
(EUR)
Medium
enterprise
(Individual
submission)Medium
enterprise
(Joint submission)Small enterprise
(Individual
submission)Small enterprise
(Joint submission)Micro enterprise
(Individual
submission)Micro enterprise
(Joint submission)
Fee 1 120 840 640 480 160 120EN L 107/16 Official Journal of the European Union 17.4.2008ANNEX III
Fees for the update of registrations under Article 22 of Regulation (EC) No 1907/2006
Table 1
Standard fees for the update of the tonnage range
(EUR)
Individual submission Joint submission
From 1-10 tonnes range to 10-100 tonnes range 2 700 2 025
From 1-10 tonnes range to 100-1 000 tonnes range 9 900 7 425From 1-10 tonnes range to over 1 000 tonnes range 29 400 22 050From 10-100 tonnes range to 100-1 000 tonnes range 7 200 5 400From 10-100 tonnes range to over 1 000 tonnes range 26 700 20 025
From 100-1 000 tonnes range to over 1 000 tonnes range 19 500 14 625
Table 2
Reduced fees for SMEs for the update of the tonnage range
(EUR)
Medium
enterprise
(Individual
submission)Medium
enterprise
(Joint
submission)Small
enterprise
(Individual
submission)Small
enterprise
(Joint
submission)Micro
enterprise
(Individual
submission)Micro
enterprise
(Joint
submission)
From 1-10 tonnes range to 10-100
tonnes range1 890 1 418 1 080 810 270 203
From 1-10 tonnes range to 100-
1 000 tonnes range6 930 5 198 3 960 2 970 990 743
From 1-10 tonnes range to over
1 000 tonnes range20 580 15 435 11 760 8 820 2 940 2 205
From 10-100 tonnes range to 100-
1 000 tonnes range5 040 3 780 2 880 2 160 720 540
From 10-100 tonnes range to over
1 000 tonnes range18 690 14 018 10 680 8 010 2 670 2 003
From 100-1 000 tonnes range to
over 1 000 tonnes range13 650 10 238 7 800 5 850 1 950 1 463
Table 3
Fees for other updates
(EUR)
Type of update
Change in identity of the registrant involving a change in legal
personality1 500
Type of update Individual submission Joint submission
Change in the access granted to information in the submission
(per item)1 500 1 125EN 17.4.2008 Official Journal of the European Union L 107/17Table 4
Reduced fees for SMEs for other Updates
(EUR)
Type of update Medium enterprise Small enterprise Micro enterprise
Change in identity of the registrant
involving a change in legal
personality1 050 600 150
Type of updateMedium
enterprise
(Individual
submission)Medium
enterprise
(Joint
submission)Small
enterprise
(Individual
submission)Small
enterprise
(Joint
submission)Micro
enterprise
(Individual
submission)Micro
enterprise
(Joint
submission)
Change in the access granted to
information in the submission (per
item)1 050 788 600 450 150 113EN L 107/18 Official Journal of the European Union 17.4.2008ANNEX IV
Fees for requests under Article 10(a)(xi) of Regulation (EC) No 1907/2006
Table 1
Standard fees
(EUR)
Item for which confidentiality is requested Individual submission Joint submission
Degree of purity and/or identity of impurities or additives 4 500 3 375
Relevant tonnage band 1 500 1 125A study summary or a robust study summary 4 500 3 375Information in the safety data sheet 3 000 2 250Trade name of the substance 1 500 1 125IUPAC name for non-phase in substances that are dangerous 1 500 1 125
IUPAC name for dangerous substances used as intermediates, in
scientific research and development or product process oriented
research and development1 500 1 125
Table 2
Reduced fees for SMEs
(EUR)
Item for which confidentiality is
requestedMedium
enterprise
(Individual
submission)Medium
enterprise
(Joint
submission)Small
enterprise
(Individual
submission)Small
enterprise
(Joint
submission)Micro
enterprise
(Individual
submission)Micro
enterprise
(Joint
submission)
Degree of purity and/or identity of
impurities or additives3 150 2 363 1 800 1 350 450 338
Relevant tonnage band 1 050 788 600 450 150 113
A study summary or a robust study
summary3 150 2 363 1 800 1 350 450 338
Information in the safety data sheet 2 100 1 575 1 200 900 300 225
Trade name of the substance 1 050 788 600 450 150 113
IUPAC name for non-phase in
substances that are dangerous1 050 788 600 450 150 113
IUPAC name for dangerous
substances used as intermediates, in
scientific research and developmentor product process orientedresearch and development1 050 788 600 450 150 113EN 17.4.2008 Official Journal of the European Union L 107/19ANNEX V
Fees and charges for PPORD notifications under Article 9 of Regulation (EC) No 1907/2006
Table 1
Fees for PPORD notifications
(EUR)
Standard fee 500
Reduced fee for medium enterprise 350Reduced fee for small enterprise 200Reduced fee for micro enterprise 50
Table 2
Charges for the extension of a PPORD exemption
(EUR)
Standard charge 1 000
Reduced charge for medium enterprise 700Reduced charge for small enterprise 400Reduced charge for micro enterprise 100EN L 107/20 Official Journal of the European Union 17.4.2008ANNEX VI
Fees for applications for an authorisation under Article 62 of Regulation (EC) No 1907/2006
Table 1
Standard fees
Base fee EUR 50 000
Additional fee per substance EUR 10 000
Additional fee per use EUR 10 000
Additional fee per applicant Additional applicant is not an SME:
EUR 37 500
Additional applicant is a medium enterprise:
EUR 30 000
Additional applicant is a small enterprise:
EUR 18 750
Additional applicant is a micro enterprise:
EUR 5 625
Table 2
Reduced fees for medium enterprises
Base fee EUR 40 000
Additional fee per substance EUR 8 000
Additional fee per use EUR 8 000Additional fee per applicant Additional applicant is a Medium enterprise:
EUR 30 000
Additional applicant is a Small enterprise:
EUR 18 750
Additional applicant is a Micro enterprise:
EUR 5 625
Table 3
Reduced fees for small enterprises
Base fee EUR 25 000
Additional fee per substance EUR 5 000Additional fee per use EUR 5 000Additional fee per applicant Additional applicant is a small enterprise:
EUR 18 750
Additional applicant is a micro enterprise:
EUR 5 625EN 17.4.2008 Official Journal of the European Union L 107/21Table 4
Reduced Fees for micro enterprises
Base fee EUR 7 500
Additional fee per substance EUR 1 500Additional fee per use EUR 1 500
Additional fee per applicant Additional applicant: EUR 5 625EN L 107/22 Official Journal of the European Union 17.4.2008ANNEX VII
Charges for the review of an authorisation under Article 61 of Regulation (EC) No 1907/2006
Table 1
Standard charges
Base charge EUR 50 000
Additional charge per use EUR 10 000
Additional charge per substance EUR 10 000
Additional charge per applicant Additional applicant is not an SME:
EUR 37 500
Additional applicant is a Medium enterprise:
EUR 30 000
Additional applicant is a Small enterprise:
EUR 18 750
Additional applicant is a Micro enterprise:
EUR 5 625
Table 2
Reduced charges for medium enterprises
Base charge EUR 40 000
Additional charge per use EUR 8 000
Additional charge per substance EUR 8 000Additional charge per applicant Additional applicant is a medium enterprise:
EUR 30 000
Additional applicant is a small enterprise:
EUR 18 750
Additional applicant is a micro enterprise:
EUR 5 625
Table 3
Reduced charges for small enterprises
Base charge EUR 25 000
Additional charge per use EUR 5 000Additional charge per substance EUR 5 000Additional charge per applicant Additional applicant is a small enterprise:
EUR 18 750
Additional applicant is a micro enterprise:
EUR 5 625EN 17.4.2008 Official Journal of the European Union L 107/23Table 4
Reduced charges for micro enterprises
Base charge EUR 7 500
Additional charge per use EUR 1 500Additional charge per substance EUR 1 500
Additional charge per applicant Additional applicant is a Micro enterprise:
EUR 5 625EN L 107/24 Official Journal of the European Union 17.4.2008ANNEX VIII
Fees for appeals under Article 92 of Regulation (EC) No 1907/2006
Table 1
Standard fees
(EUR)
Appeal against decision taken under: Fee
Article 9 or 20 of Regulation (EC) No 1907/2006 2 200
Article 27 or 30 of Regulation (EC) No 1907/2006 4 400Article 51 of Regulation (EC) No 1907/2006 6 600
Table 2
Reduced fees for SMEs
(EUR)
Appeal against decision taken under: Fee
Article 9 or 20 of Regulation (EC) No 1907/2006 1 800
Article 27 or 30 of Regulation (EC) No 1907/2006 3 600
Article 51 of Regulation (EC) No 1907/2006 5 400EN 17.4.2008 Official Journal of the European Union L 107/25