The Organic Products Regulations 2004

Fees for approvals etc. of inspection bodies

9.—(1) Where an inspection body has applied to the Secretary of State for approval under Article 9 of the Council Regulation, the Secretary of State may charge that body a fee in respect of any expenses reasonably incurred by her in—

(a) inspecting the offices and facilities of the inspection body;

(b) considering the application, including ascertaining whether the requirements laid down in the conditions of European Standard 45011 (setting out general requirements for bodies operating product certification systems) are satisfied in respect of the inspection body and whether the training and competence of inspectors employed by that body is adequate; and

(c) where appropriate, issuing a certificate of approval.

(2) Where an inspection body has been approved under Article 9 of the Council Regulation, the Secretary of State may charge that body a fee in respect of any expenses reasonably incurred by her in carrying out, for the purposes of Article 9(6) of that Regulation—

(a) any further inspection of the offices and facilities of the inspection body;

(b) any inspection of the premises and facilities and, where appropriate, any holding of an operator; and

(c) any associated administrative work (including verification of the competence of the inspectors employed by that body).

(3) Any fee payable under paragraph (1) or (2) shall be specified in an invoice given by the Secretary of State to the inspection body concerned and any amount not paid in accordance with the invoice shall be payable on demand.

(4) In any proceedings for recovery of an amount under this regulation a certificate of the Secretary of State stating the amount recoverable shall be evidence of the amount in question.

(5) Any fee payable by an inspection body pursuant to paragraph (2) shall remain payable by it notwithstanding that its approval under Article 9 of the Council Regulation has subsequently been withdrawn by the Secretary of State.