Article 3 · Commission Implementing Regulation (EU) 2018/764

Contents

Article 3Calculation of fees, charges and fixed fees levied by the Agency#

1.The amount of fees for the use of the OSS for submitting to the Agency applications referred to in Article 2(2), points (a), (c), (d) and (e) shall be a fixed amount specified in table A of point 2 of the Annex. That fixed fee shall be due for payment at the time of the submission of the application.

2.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.

3.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^note 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.

4.The amount of charges for services referred to in Article 2(3) of this Regulation shall be the number of hours spent by Agency staff and external experts multiplied by the hourly rate of the Agency set out in point 1 of the Annex. For services referred to in Article 43 of Regulation (EU) 2016/796 the charge per individual participant shall be the result of the division of such amount of charges by the estimated number of participants to the Agency’s assistance activity, unless agreed otherwise.

5.At the request of the applicant, a 20 % reduction of the amount levied by the Agency for an application, request or notification referred to in Article 2(1) shall apply in case of micro, small or medium-sized enterprise.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^note.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.