1.Fees or charges collected in accordance with point (a) of Article 79(1) and with Article 79(2) shall be established in accordance with one of the following methods of calculation or a combination of them:
(a)at [F2a flat-rate or set of flat-rates] on the basis of the overall costs of official controls borne by the [F3competent authorities, individually or, by agreement, collectively,] over a given period of time, and applied to all operators irrespective of whether any official control is performed during the reference period in relation to each operator charged; in establishing the level of the fees to be charged for each sector, activity and category of operators, the competent authorities shall take into consideration the impact that the type and the size of the activity concerned, and the relevant risk factors, have on the distribution of the overall costs of those official controls; or
(b)on the basis of the calculation of the actual costs of each individual official control, and applied to the operators subject to such official control.
2.Travel costs as referred to in point (f) of Article 81 shall be considered for the calculation of the fees or charges referred to in point (a) of Article 79(1) and in Article 79(2) in a manner that does not discriminate between operators on the basis of the distance of their premises from the location of the competent authorities.
3.Where fees or charges are calculated in accordance with point (a) of paragraph 1, the fees or charges collected by competent authorities shall not exceed the overall costs incurred for the official controls performed over the period of time referred to therein.
4.Where fees or charges are calculated in accordance with point (b) of paragraph 1, they shall not exceed the actual cost of the official control performed.
Textual Amendments
F2Words in Art. 82(1)(a) substituted (30.4.2024) by The Official Controls (Fees and Charges) (Amendment) Regulations 2024 (S.I. 2024/547), regs. 1(1)(b), 2(4)(a)
F3Words in Art. 82(1)(a) substituted (30.4.2024) by The Official Controls (Fees and Charges) (Amendment) Regulations 2024 (S.I. 2024/547), regs. 1(1)(b), 2(4)(b)