LegalizeCommission Implementing Regulation (EU) 2018/764 of 2 May 2018 on the fees and charges payable to the European Union Agency for Railways and their conditions of payment (Text with EEA relevance. )
Article 1
Subject matter and scope
This Regulation shall not apply to the fees and charges levied in relation to the following activities of the NSAs:
(a) processing of applications for single safety certificates pursuant to Article 10(8) of Directive (EU) 2016/798 (1) and the related pre-engagement process provided for in Commission Implementing Regulation (EU) 2018/763 (2),
(b) processing of applications for vehicle authorisations for placing on the market or type authorisations of vehicles pursuant to Articles 21(8) and 24(1) of Directive (EU) 2016/797 (3) and the related pre-engagement process provided for in Commission Implementing Regulation (EU) 2018/545 (4);
(c) issuing an opinion on the request for the European Railway Traffic Management System (ERTMS) track-side equipment approval in accordance with the last subparagraph of Article 19(3) of Directive (EU) 2016/797;
(d) delivering temporary authorisations for on-site tests pursuant to Article 21(3) and (5) of Directive (EU) 2016/797.
Article 2
Types of fees and charges levied by the Agency
The Agency shall levy fees in the following cases:
(a) for the submission of applications through the OSS to the Agency, where such fees are not included in the fixed fees for the processing of applications;
(b) for the processing of applications, requests and notifications submitted to the Agency, including for the issuing of estimates referred to in Article 4 or where an application, request or notification is subsequently withdrawn by the applicant;
(c) where the Agency, acting on its own initiative, restricts, amends or reviews a decision issued in accordance with Directive (EU) 2016/798 or Directive (EU) 2016/797.
The Agency may levy fees where it revokes an authorisation for placing on the market due to a subsequently established non-compliance with the essential requirements of a vehicle in use or a vehicle type in accordance with Article 26 of Directive (EU) 2016/797, or where a holder of a single safety certificate no longer satisfies the conditions for the certification in accordance with Article 17(5) and (6) of Directive 2016/798.
The applications, requests and notifications referred to in paragraph 1, first subparagraph, points (a) and (b), shall cover:
(a) authorisations for the placing on the market of vehicles and of vehicle types in accordance with Article 20 and 21 of Regulation (EU) 2016/796 other than those specified in point (b) of this paragraph;
(b) authorisations for the placing on the market of a vehicle or a series of vehicles which is in conformity with an authorised vehicle type pursuant to Article 25(1) of Directive (EU) 2016/797;
(c) single safety certificates in accordance with Article 14 of Regulation (EU) 2016/796;
(d) decisions for approval of the interoperability compliance of an ERTMS track-side equipment solution with the relevant TSI in accordance with Article 22 of Regulation (EU) 2016/796;
(e) pre-engagement applications in accordance with Article 22 of Implementing Regulation (EU) 2018/545 and Article 2(3) and Article 4(5) of Implementing Regulation 2018/763;
(f) appeals referred to in Article 58 of Regulation (EU) 2016/796 in accordance with Article 7 of this Regulation;
(g) registrations in the European register of authorised types of railway vehicles (ERATV) of a new version of a vehicle type or a new version of a vehicle type variant in accordance with Article 15(3) of Implementing Regulation (EU) 2018/545;
(h) notifications in accordance with Article 16(4) of Implementing Regulation (EU) 2018/545, including any decisions of the Agency to that effect.
Article 3
Calculation of fees, charges and fixed fees levied by the Agency
Without prejudice to paragraph 3, point (a), the amount of fees for processing applications referred to in Article 2(2), points (a), (c), (d) and (e), and for performing the activities referred to in Article 2(1), first subparagraph, point (c), and Article 2(1), second subparagraph, shall be the total of the following:
(a) the number of hours spent by Agency staff and external experts, on the processing of the application multiplied by the hourly rate of the Agency specified in point 1 of the Annex;
(b) the relevant amounts submitted by the national safety authorities (‘NSAs’) resulting from the cost for processing of the national parts of the application, including assessments related to border stations, as appropriate.
The amount of fees for the submission and processing of the following applications, requests and notifications shall be the relevant fixed amount specified in point 3, Table B, of the Annex and shall include the fee for using the OSS referred to in paragraph 1 of this Article, where appropriate:
(a) applications under Article 2(2), point (a), of this Regulation, for freight wagons as defined in point 2.1 of the Annex to Commission Regulation (EU) No 321/2013 (5) where the area of use is the whole Union;
(b) applications under Article 2(2), point (b);
(c) requests under Article 2(2), point (g);
(d) notifications under Article 2(2), point (h).
The fixed amount referred to in the first subparagraph shall be due for payment at the time of the submission of the application, request or notification.
For the purposes of this Regulation, micro, small or medium-sized enterprise means an autonomous railway undertaking, infrastructure manager, vehicle keeper or manufacturer, established or having its seat in a member country of the European Economic Area and meeting the conditions laid down in Commission Recommendation 2003/361/EC (6).
The applicant shall provide proof that it qualifies as micro, small or medium-sized enterprise within 1 month from the date of the application, request or notification. The Agency shall assess the evidence provided and may refuse the request for the status as micro, small or medium-sized enterprise in case of doubt or lack of justification.
Article 4
Estimates of fees and charges
The NSAs which are involved in the processing of an application shall provide a non-binding estimate of their costs as referred to in Article 3(1)(b) to the Agency to be included in the estimate issued by the Agency.
Article 5
Conditions of payment
The Agency shall issue an invoice for the fees and charges due, within 60 calendar days of the date:
(a) of its decision, except in case of decisions covered by the fixed fee regime or subject to Article 6(3);
(b) of the decision of Board of Appeal;
(c) when the service rendered ended;
(d) of withdrawal of an application, request or notification;
(e) of any other event leading to cessation of processing of an application, request or notification. With regard to fixed fees that become due for payment at the time of the submission of the application, request or notification referred to in Article 3(1) and (3), before the Agency’s processing of the application, request or notification, the Agency may agree a shorter due date with individual applicants at their request, as well as enter into a special arrangement for invoicing, including issuing of a monthly invoice.
The invoice shall provide the following elements, where applicable:
(a) differentiation between fees or charges;
(b) amounts subject to fixed fees;
(c) where no fixed fees apply, the number of hours spent under the Agency’s responsibility and the hourly rate applied;
(d) where relevant, the costs charged by the responsible NSA. Those costs shall be specified in relation to tasks and time spent or in form of fixed rates applied by the NSA to the processing of the national part of the application, including assessment related to border stations, as appropriate.
The invoice shall be addressed to the person or the entity:
(a) indicated as the applicant in the OSS;
(b) requesting registration pursuant to Article 2(2), point (g);
(c) submitting notification pursuant to Article 2(2), point (h);
(d) requesting a service pursuant to Article 2(3).
Article 6
Failure to pay
Article 7
Appeal and fees for appeal
Article 8
Publication and revision of the rates
Article 9
Procedures of the Agency
In order to distinguish the revenue and expenditure from the activities subject to fees and charges referred to in Article 1(1), the Agency shall:
(a) receive and keep the fees and charges generated income in a separate bank account;
(b) annually report on the total revenue and expenditure attributable to the activities subject to fees and charges as well as the cost structure and performance.
Article 10
Evaluation and revision
Amounts referred to in the Annex shall be indexed by the Agency, for the first time in 2023 and once every financial year thereafter, with effect from 1 January, based on
(a) the annual update of the remuneration and pensions of the officials and other servants of the European Union and the correction coefficients applied thereto as published in the Official Journal of the European Union, in accordance with a calculation method to be agreed by the Agency’s Management Board, and based on the relevant annual financial data used in the Agency’s Single Programming Document and its Consolidated Annual Activity reports; and/or
(b) the inflation rate in the Union, in accordance with the method set out in point 4 of the Annex.
Article 11
Transitional provisions
In the cases referred to in Article 55(4) of Regulation (EU) 2018/545 and in Article 15(4) of Implementing Regulation (EU) 2018/763, the work done before the submission of the application to the Agency shall not be covered by fees and charges in this Regulation and shall be subject to national legislation.
Article 12
Entry into force
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
It shall apply from 16 February 2019.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
ANNEX
1.The Agency shall apply an hourly rate of EUR 265.
2.The fixed fees to be paid to the Agency for the use of the one-stop shop (OSS) shall be as follows:
| OSS Cost group | Amount (EUR) | |
|---|---|---|
| Submission of an application to the Agency for: | ||
| 1. | A single safety certificate | 464 |
| 2. | A vehicle type authorisation | 464 |
| 3. | A vehicle authorisation other than an authorisation in conformity to type | 464 |
| 4. | An ERTMS trackside approval | 464 |
| 5. | A pre-engagement process | 464 |
3.The fixed fees for the submission and processing of applications, requests and notifications in accordance with Article 3 shall be as follows:
| Cost group | Amount (EUR) | |
|---|---|---|
| Submission to and processing by the Agency of an application for a decision authorising vehicles in conformity to type: | ||
| 1. | (a) freight wagons; (b) vehicles designed to carry: — motor vehicles with their passengers on board, or — motor vehicles without passengers on board but intended to be integrated in passenger trains (car carriers); (c) vehicles which — increase their length in loaded configuration, and — their payload itself is part of the vehicle structure | 865 |
| 2. | (a) thermal or electric traction units; (b) passenger carriages; (c) special vehicles. | 1 082 |
| 3. | self-propelling thermal or electric trains | 1 244 |
| Submission to and processing by the Agency of an application for a decision authorising a vehicle type: | ||
| 4. | freight wagons when the area of use is whole Union | 26 500 |
| Request for and registration in the European Register of Authorised Types of Vehicles (ERATV) of a new version of a vehicle type or a new version of a vehicle type variant: | ||
| 5. | (a) freight wagons; (b) vehicles designed to carry: — motor vehicles with their passengers on board, or — motor vehicles without passengers on board but intended to be integrated in passenger trains (car carriers); (c) vehicles which — increase their length in loaded configuration, and — their payload itself is part of the vehicle structure | 398 |
| 6. | (a) thermal or electric traction units; (b) passenger carriages; (c) special vehicles. | 451 |
| 7. | self-propelling thermal or electric trains | 504 |
| Processing of notifications, including decisions of the Agency in accordance with Article 16(4) of Implementing Regulation (EU) 2018/545: | ||
| 8. | all types of vehicles | 3 710 |
4.The annual inflation rate referred to in Article 10(1a) is established as follows:
| Annual inflation rate to be used: | ‘Eurostat HICP (All items) – European Union all countries’ (2015 = 100) Percentage change/12 months average |
|---|---|
| Value of the rate to be taken into account: | Value of the rate 3 months prior to the implementation of the indexation |
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