PART 4Notified Bodies

Fees of notified bodiesI129

1

Subject to paragraph (2), a notified body may charge such a fee in connection with, or incidental to, carrying out its functions under these Regulations as it may determine.

2

The fee charged pursuant to paragraph (1) shall not exceed the sum of the following—

a

the costs incurred or to be incurred by the notified body in carrying out relevant work; and

b

an amount of profit which is reasonable in the circumstances having regard to—

i

the character and extent of the work carried out by the notified body on behalf of the person commissioning the work; and

ii

the commercial rate normally charged on account of profit for that work or similar work.

3

Subject to paragraph (4) the power in paragraph (1) includes the power to require the payment of a fee, or a reasonable estimate of the fee, in respect of the work commissioned in advance of carrying out that work.

4

Unless the parties otherwise agree, an amount charged in accordance with paragraph (3) shall not exceed a reasonable estimate of the fee for the work for the three months subsequent to the request for the advance payment.