The Health and Safety and Nuclear (Fees) Regulations 2021

Fees payable for activities under the Biocides Regulation and the 2013 Biocidal Products and Chemicals Regulations

21.—(1) The functions of the Member State referred to in Article 80(2) of the Biocides Regulation are to be performed by the competent authority.

(2) The competent authority must charge fees for—

(a) work it carries out within the scope of the Biocides Regulation which relates to the activities listed in column 1 of Schedule 15; and

(b) work it carries out in order to evaluate an application under regulation 13 of the 2013 Biocidal Products and Chemicals Regulations.

(3) Any fee payable under paragraph (2) must be calculated in accordance with paragraphs (4) to (10).

(4) Where a fee is payable under paragraph (2), the competent authority must prepare and send to the applicant, the person providing the information or the person making the request, as the case may be, an estimate of the cost of the work.

(5) The person to whom the estimate of costs specified in paragraph (4) is sent by the competent authority must pay to that authority the amount of that estimate within 30 days of its issue.

(6) Upon completion of the work, the competent authority must prepare a detailed statement of the work carried out and of the cost incurred by the competent authority or any person acting on its behalf in carrying out that work.

(7) If the cost referred to in paragraph (6) is greater than the amount estimated in accordance with paragraph (4), the competent authority must notify the amount of difference to the applicant, the person providing the information or the person making the request, as the case may be, who must pay the amount of the difference, which will be the final fee payable, without delay.

(8) If the cost referred to in paragraph (6) is less than the amount estimated in accordance with paragraph (4), the fee must be adjusted accordingly and the amount of the difference must be paid without delay by the competent authority to the applicant, the person providing the information or the person making the request, as the case may be.

(9) Subject to paragraph (10), in estimating or stating the cost of carrying out any work, the competent authority must determine that cost by reference to the daily rate per person specified in column 2 of Schedule 15 that corresponds to the activity listed in column 1.

(10) The daily rate per person must be adjusted pro rata for a period worked of less than 7.4 hours on any one day by—

(a) dividing the daily rate by 14.8 to create a half hourly rate; and

(b) multiplying that figure by the number of half hours worked, rounded up or down to the nearest half hour.

(11) Any unpaid fees may be recovered by the competent authority as a civil debt.

(12) For the purposes of this regulation and Schedule 15—

“the Biocides Regulation” means Regulation (EU) No 528/2012 of the European Parliament and of the Council of 22 May 2012 concerning the making available on the market and use of biocidal products(1);

“competent authority” means any of the competent authorities appointed by regulation 5 of the 2013 Biocidal Products and Chemicals Regulations.

(13) Expressions used in the Biocides Regulation which are also used in this regulation or Schedule 15 have the same meaning in these Regulations as they have in the Biocides Regulation.

(1)

OJ L167, 27.6.2012, p. 1-123.