Plant Protection Products (Fees) Regulations (Northern Ireland) 2004

Fees in connection with applications under the Plant Protection Products Regulations (Northern Ireland) 2004

2.—(1) An applicant under regulation 4 (active substances) or 10 (extensions) of, or for an approval under, the 2004 Regulations shall pay a fee to the Department in accordance with this regulation.

(2) The following persons shall also pay a fee in accordance with this regulation –

(a) a person making a request under regulation 13(7)(b) (modifications) of the 2004 Regulations,

(b) a person making a request to the Department for initial or the renewed official recognition of a testing facility under paragraph 2.2 or 2.3 of Annex III to the 1991 Directive, and

(c) a person covered by Note C in the Schedule,

and for the purposes of these Regulations such persons shall be treated as applicants and their requests as applications.

(3) The fee is the total of the amounts specified within the Table set out in the Schedule, as read with the notes, for each type of examination or related activity called for by the application, but if a lower sum (following consideration of actual work involved in examining any relevant application) is notified as the fee by the Department to the applicant then the fee is the lower sum.

(4) Payment shall be made in accordance with any invoice for the fee (or the balance) sent to the applicant by the Department, and the Department shall be under no obligation to process the application so long as there is a failure to make any such payment.

(5) On completion of all examinations and related activities involved in processing the application, any difference between what has been paid and the fee shall be paid or refunded.

(6) Any amount due under this regulation but unpaid is recoverable upon a demand in writing being sent to the person from whom it is due.

(7) In any proceedings relating to an application under these Regulations, a certificate of the Department as to the amount payable in connection with the application shall be evidence of the amount in question.