Commission Regulation (EC) No 1356/2008 (repealed)Show full title

Article 1

Regulation (EC) No 593/2007 is amended as follows:

1.

Article 6 is replaced by the following:

‘Article 6

Without prejudice to Article 4, where a certification task is conducted, fully or in part, outside the territories of the Member States, the fee invoiced to the applicant shall include the corresponding travel costs outside those territories, according to the formula:

d = f + v + h – e

where:

d

=

fee due

f

=

fee corresponding to the task carried out, as set out in the Annex

v

=

travel costs

h

=

time spent by experts in the means of transport, invoiced at the hourly fee set out in Part II

e

=

average travel costs inside the territories of the Member States, including the average time spent in the means of transport inside the territories of the Member States multiplied by the hourly fee set out in Part II.’

2.

Article 8 is amended as follows:

(a)

paragraph 2 is replaced by the following:

‘2. The issue, maintenance or amendment of a certificate shall be subject to prior payment of the full amount of the fee due, unless agreed differently between the Agency and the applicant. The Agency may invoice the fee in one instalment after having received the application or at the start of the annual or surveillance period. In the event of non-payment, the Agency may refuse to issue or may revoke the relevant certificate after having given formal warning to the applicant.’;

(b)

paragraph 3 is deleted;

(c)

paragraph 7 is replaced by the following:

‘7. If a certification task has to be interrupted by the Agency because the applicant has insufficient resources or fails to comply with the applicable requirements, or because the applicant decides to abandon its application or to postpone its project, the balance of any fees due, calculated on an hourly basis for the ongoing period of twelve months but not exceeding the applicable flat fee, shall be payable in full at the time the Agency stops working, together with any other amounts due at that time. The relevant number of hours shall be invoiced at the hourly fee set out in Part II of the Annex. When, on demand of the applicant, the Agency starts again a certification task previously interrupted, this task shall be charged as a new project.’;

(d)

the following paragraphs 8 and 9 are added:

‘8. If the certificate holder surrenders the corresponding certificate or the Agency revokes the certificate, the balance of any fees due, calculated on an hourly basis but not exceeding the applicable flat fee, shall be payable in full at the time the surrender or revocation takes place, together with any other amounts due at that time. The relevant number of hours shall be invoiced at the hourly fee set out in Part II of the Annex.

9. If the Agency suspends a certificate, the balance of any fees due, calculated on a pro-rata temporis basis shall be payable in full at the time of the suspension, together with any other amounts due at that time. If the certificate is subsequently re-instated, a new period of twelve months shall start on the date of re-instatement.’

3.

In Article 12, the fifth paragraph is deleted.

4.

In Article 14, paragraph 3 is deleted.

5.

The Annex is amended in accordance with the Annex to this Regulation

Article 2

This Regulation shall enter into force on 1 January 2009.

It shall apply subject to the following conditions:

(a)

the fees shown in Tables 1 to 5 of Part I of the Annex shall apply to any application for certification task received after 1 January 2009;

(b)

the fees shown in Table 6 of Part I of the Annex shall apply to the annual fees levied after 1 January 2009.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 23 December 2008.

For the Commission

Antonio Tajani

Vice-President