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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)

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)

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 Chemicals Agency, 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.

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 substance under 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 where the submission of the registration contains all the information required in Annex VII to Regulation (EC) No 1907/2006, as provided 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 information required in Annex VII to Regulation (EC) No 1907/2006, the Agency shall levy a fee, as set out in Annex I 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) of Regulation (EC) No 1907/2006, the Agency shall levy a fee for an individual submission on that registrant, as set out in Annex I 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 to the 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 of Article 23 of Regulation (EC) No 1907/2006 shall be paid within 30 days from the date on which the invoice is notified to 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 a second deadline for the payment. Where the payment is not made 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 his failure to pay the fee before expiry of the deadlines, the fees paid in relation to that registration before its rejection shall not be refunded or otherwise 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

Article 5 Fees for updates of a registration under Article 22 of Regulation (EC) No 1907/2006

Article 6 Fees for requests under Article 10(a)(xi) of Regulation (EC) No 1907/2006

Article 7 Fees and charges for notifications under Article 9 of Regulation (EC) No 1907/2006

Article 8 Fees for applications under Article 62 of Regulation (EC) No 1907/2006

Article 9 Charges for reviews of authorisations under Article 61 of Regulation (EC) No 1907/2006

Article 10 Fees for appeals against a decision of the Agency under Article 92 of Regulation (EC) No 1907/2006

Article 11 Other charges

Article 12 Only representatives

Article 13 Reductions and fee waiver

CHAPTER III PAYMENT OF REMUNERATION BY THE AGENCY

Article 14 Transfers of funds to Member States

Article 15 Other remuneration

CHAPTER IV PAYMENTS

Article 16 Mode of payment

Article 17 Identification of the payment

Article 18 Date of payment

Article 19 Insufficient payment

Article 20 Refund of amounts paid in excess

CHAPTER V FINAL PROVISIONS

Article 21 Provisional estimate

Article 22 Review

Article 23 Entry into force

ANNEX I

ANNEX II

ANNEX III

ANNEX IV

ANNEX V

ANNEX VI

ANNEX VII

ANNEX VIII