Regulation (EU) 2016/796 of the European Parliament and of the CouncilShow full title

Article 80 Implementing acts relating to fees and charges

1. The Commission shall adopt, on the basis of the principles set out in paragraphs 2 and 3, implementing acts specifying:

(a) the fees and charges payable to the Agency, in particular in application of Articles 14, 20, 21 and 22; and

(b) the conditions of payment.

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 81(3).

2. Fees and charges shall be levied for:

(a) the issuing and renewal of authorisations for the placing on the market of vehicles and types of vehicles;

(b) the issuing and renewal of single safety certificates;

(c) the provision of services; the fees and charges payable in this regard shall reflect the actual cost of each individual provision;

(d) the issuing of decisions for approval in accordance with Article 19 of Directive (EU) 2016/797.

Fees and charges may be levied for the processing of appeals.

All fees and charges shall be expressed, and payable, in euro.

Fees and charges shall be set in a transparent, fair and uniform manner, taking into account the competitiveness of the European railway sector. They shall not lead to the imposition of unnecessary financial burdens on applicants. The specific needs of small and medium-sized enterprises, including the possibility of splitting payments into several instalments and phases, shall be taken into account, as appropriate.

The fee for issuing the decision for approval shall be set in a proportionate manner, taking into account the different stages of the authorisation process for ERTMS trackside projects and the workload required for each of the stages. The apportionment of the fees shall be clearly identified in the accounts.

Reasonable deadlines shall be set for the payment of fees and charges, taking due account of the deadlines for the procedures provided for in Articles 19 and 21 of Directive (EU) 2016/797 and Article 10 of Directive (EU) 2016/798.

3. The amount of the fees and charges shall be fixed at such a level as to ensure that the revenue in respect thereof is sufficient to cover the full cost of the services provided, including the relevant costs resulting from the tasks assigned to the national safety authorities in accordance with Article 76(2) and (3). All expenditure of the Agency attributed to staff involved in the activities referred to in paragraph 2 of this Article, including the employer's pro-rata contribution to the pension scheme, shall in particular be reflected in that cost. Should a significant imbalance resulting from the provision of the services covered by fees and charges become recurrent, the level of those fees and charges shall be revised. Those fees and charges shall be assigned revenues for the Agency.

When setting the levels of fees and charges, the Commission shall take into account:

(a) the area of operation of certificates;

(b) the area of use of authorisations; and

(c) the type and extent of railway operations.