Commission Regulation (EU) No 440/2010 of 21 May 2010 on the fees payable to the European Chemicals Agency pursuant to Regulation (EC) No 1272/2008 of the European Parliament and of the Council on classification, labelling and packaging of substances and mixtures (Text with EEA relevance)

This Regulation lays down the levels, and rules for payment, of the fees levied by the European Chemicals Agency, hereinafter called the ‘Agency’, as provided for in Regulation (EC) No 1272/2008.

For the purposes of this Regulation, the following definitions shall apply: 1. ‘SME’ means a micro, small or medium-sized enterprise within the meaning of the Recommendation 2003/361/EC; 2. ‘medium-sized enterprise’ means a medium-sized enterprise within the meaning of the Recommendation 2003/361/EC; 3. ‘small enterprise’ means a small enterprise within the meaning of the Recommendation 2003/361/EC; 4. ‘microenterprise’ means a microenterprise within the meaning of the Recommendation 2003/361/EC.

1 The Agency shall levy a fee as laid down in Annex I for a request to use an alternative chemical name for a substance in up to 5 mixtures in accordance with Article 24(1) of Regulation (EC) No 1272/2008.

2 Where the applicant is an SME, the Agency shall levy a reduced fee, as set out in Annex I.

3 For the use of the alternative chemical name of the substance in accordance with Article 24(1) of Regulation (EC) No 1272/2008 in additional mixtures, an additional fee shall be levied for up to 10 additional mixtures and the same additional fee shall be levied for every further 10 additional mixtures, as set out in Section 3 of Annex I.

4 The date on which the fee levied for a request is received by the Agency shall be considered to be the date of receipt of the request.

1 The Agency shall levy a fee as laid down in Annex II for submission of proposals for harmonisation of classification and labelling in accordance with Article 37(3) of Regulation (EC) No 1272/2008.

2 Where the party making the proposal is an SME, the Agency shall levy a reduced fee, as set out in Annex II.

3 The date on which the fee levied for a proposal is received by the Agency shall be considered to be the date of receipt of the proposal.

1 A natural or legal person that claims to be entitled to a reduced fee under Article 3 and 4 shall inform the Agency thereof at the time of submission of the request.

2 The Agency may request, at any time, evidence that the conditions for a reduction of fees apply.

3 Where a natural or legal person that claims to be entitled to a reduction cannot demonstrate that it is entitled to such a reduction, the Agency shall levy the full fee. Where a natural or legal person that claims to be entitled to a reduction has already paid a reduced fee, but cannot demonstrate that it is entitled to such a reduction, the Agency shall levy the balance of the full fee.

1 The fees shall be paid in Euro.

2 Payments shall be made only after the Agency has issued an invoice.

3 Payments shall be made by means of a transfer to the bank account of the Agency.

1 Every payment must indicate the invoice number in the reference field.

2 If the purpose of the payment cannot be established, the Agency shall set a deadline by which the payer must notify it in writing of the purpose of the payment. If the Agency does not receive a notification of the purpose of the payment before the expiry of the set deadline, the payment shall be considered invalid and the amount concerned shall be refunded to the payer.

The date on which the full amount of the payment is deposited in the bank account of the Agency shall be considered as the date on which the payment has been made.

1 The arrangements for the refund to the payer of amounts paid in excess of a fee shall be fixed by the Executive Director of the Agency and published on the website of the Agency. However, where an amount paid in excess is under EUR 100 and the party concerned has not expressly requested a refund, the amount paid in excess shall not be refunded.

2 It shall not be possible to credit any amounts paid in excess towards future payments to the Agency.

The Management Board of the Agency shall, when producing an estimate of the overall expenditure and income for the following financial year in accordance with Article 96(5) of Regulation (EC) No 1907/2006, include a specific provisional estimate of income from fees which is separate from income from any subsidy from the Community.

1 The fees provided for in this Regulation shall be reviewed annually by reference to the inflation rate as measured by means of the European Index of Consumer Prices as published by Eurostat pursuant to Council Regulation (EC) No 2494/95 . A first review shall be carried out by 1 June 2011.

2 The fee reduction for SMEs for harmonised classification and labelling shall be reviewed within 3 years after the entry into force of this Regulation.

3 The Commission shall also keep this Regulation under continual review in the light of significant information becoming available in relation to the underlying assumptions for anticipated income and expenditure of the Agency.

4 At the latest by 1 January 2013, the Commission shall review this Regulation with a view to amending it, if appropriate, taking into account in particular the costs of the Agency.

This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Union.