Fees and charges payable to the Agency and their conditions of payment are established by Regulation (EU) 2018/764 as amended by Regulation (EU) 2021/1903.

For applications submitted before 23 November 2021, calculation of fees and charges based on Article 3 of Regulation (EU) 2018/764 as published in OJ L 129, 25.5.2018, p. 68–72 shall apply.

Fees and charges

The following fees and charges apply from 23 November 2021 (00h00) when submitting applications or requesting a service to the Agency:

Table 1. Summary of fees & charges payable to the Agency.

Where relevant, fees and charges indicated in Table 1 apply in case of applications subsequently withdrawn by the applicant.

Amounts referred to in Table 1 shall be indexed annually by the Agency in accordance with Regulation (EU) 2021/1903.

Appeal and fees for appeal

The Agency shall levy a fee in respect of any appeal which is dismissed or withdrawn.

The appeal fee shall be EUR 10 000 or equal to the amount of the fee charged for the decision appealed against, whichever is lower.

The Registrar of the Board of Appeal shall inform the appellant of the conditions of payment. The appellant shall have 30 calendar days for payment from the date of notification of the invoice.

An applicant may appeal against the invoiced fees and charges to the Board of Appeal.

Fees and charges applied by national safety authorities

Please consult information provided by national safety authorities in their respective websites.

Estimates

At the request of the applicant the Agency:

• issues non-binding estimates of fees and charges,
• issues new estimate where the processing of an application or a service lasts longer than one year,
• provides information on when the invoices will be issued,
• provides information when costs risk exceeding the estimate by more than 15%.

Where the issuing of estimates and any review thereof is requested, the deadlines for processing applications for vehicle authorisations, single safety certificates and ERTMS trackside approvals may be suspended for a maximum of 10 working days.

Invoicing and payments

After the submission of an application or request for chargeable services the staff of the Agency will get in touch with the applicants/contact persons to arrange submission of applicant’s information required to ensure the correct invoicing.

In case of legal representation/delegation, the Agency shall invoice the entity receiving vehicle authorisation/single safety certificate/ ERTMS trackside approval, i.e., the applicant.

The amount to be invoiced to the applicant for processing applications or requests for services addressed to the Agency shall be the total of the following:

The Agency issues an invoice for the fees and charges due, within 30 calendar days of the date:

• of its decision, except in case of decisions covered by the fixed fee regime or subject to risk management measures (see provisions on risk management below),
• of the decision of Board of Appeal,
• when the service rendered ended,
• of withdrawal of an application,
• of any other event leading to cessation of processing of an application.

In case of lengthy processing of applications or provision of services the Agency may invoice interim amounts every 6 months.

The Agency shall notify applicants of the decision and issue the invoice via the one-stop shop.

The fixed fees:

• for the use of OSS, and
• for authorisations in conformity to type

become due for payment at the time of the submission of the application prior to the Agency’s processing the application. For the fixed fees, the Agency may agree a different due date with individual applicants, as well as enter into a special arrangement for invoicing.

The invoice shall provide the following elements, where applicable:

• differentiation between fees or charges,
• amounts subject to fixed fees,
• the number of hours spent under the Agency’s responsibility and the hourly rate applied,
• the costs charged by the NSA responsible.

Applicants shall ensure that the Agency receives payment of the amounts due, including any bank charges related to that payment, within 60 calendar days from the date of notification of the invoice.

In the absence of payment of the amounts due, the Agency may charge interest for each additional calendar day for which payment is delayed and shall apply the rules on recovery provided for in Regulation (EU, Euratom) 2018/1046 and in the financial rules of the Agency adopted in accordance with Regulation (EU) 2016/796.

Conditions for micro, small or medium-sized enterprises

Micro, small or medium-sized enterprises: autonomous railway undertakings, infrastructure managers or vehicle manufacturers established or having their seat in European Economic Area (EEA) and meeting requirements in Commission Recommendation 2003/361/EC, may request 20% reduction of the total amount levied by the Agency (i.e. excluding the costs of NSAs responsible) for an application. Requests for reduction must be made at the moment of submission of the application (when the fixed fees apply), and at the latest before the Agency issues an invoice in all other cases. The request must be supported by evidence provided via the OSS.  The Agency shall assess the evidence provided and decide to refuse the request for reduction in case of doubt or lack of justification.

Where the applicant is a micro, small or medium-sized enterprise, the Agency shall take into account requests for a reasonable extension of the time limit for payment and payment by instalments.

Requests related to the status of micro, small or medium-sized enterprise should be sent to the Agency via its IT System together with evidence of compliance with the requirements established by Commission Recommendation 2003/361/EC. Additional guidance can be found in the European Commission webpage for SME definition.

The Agency shall assess the evidence provided and in case of doubt or lack of justification the general rules on fees or charges shall apply.

Managing financial risks

Where the Agency has evidence that the applicant’s financial ability is at risk, or where the applicant is not established or does not have its seat in a member country of the European Economic Area specific provisions for invoicing and payments may apply.