Charges are collected by the Austrian Ministry of Agriculture, Forestry, Environment and Water Management (competent authority) for applications according to the Act on Biocidal Products (§ 41). Applicants are obliged to pay charges in case they have placed or seek to place biocidal products on the market. Also for an application for inclusion of an active substance in Annex I, IA or IB of the Biocidal Product Directive (BPD) a fee has to be paid to the Rapporteur Member State (competent authority). The fee should cover the costs arising from the evaluation of a dossier, e.g. during the process of the authorisation or registration of a biocidal product. Like in a building block system, the fees consist of a basic fee, a fee for the completeness check and a fee for the detailed evaluation of the submitted dossier.
Currently the fees are prescribed in:
• Biocides Act-Ordinance on Mandatory Fees I (Federal Legal Gazette II No 251/2002) specifies the charges for an application for the provisional authorisation or registration of a biocidal product containing a new active substance (section 12, subsections 1 and 2 of the Act on Biocidal Products) and for inclusion of a new active substance in Annex I, IA or IB of Directive 98/8/EC (sections 21 and 22).
• Biocides Act-Ordinance on Mandatory Fees II (Federal Legal Gazette II No 331/2003) stipulates the charges for an application for inclusion of an existing active substance in Annex I, IA or IB of the BPD (according to sections 21 and 22 of the Act on Biocidal Products). Fees are also mandatory for applications for the authorisation or registration of a biocidal product (according to section 11, subsections 1 and 2, and sections 13 and 14 of the Act on Biocidal Products), and for the authorisation or registration of products under a framework formulation (section 15 of the Act of Biocidal Products), as well as in cases of imminent danger (section 16 of the Act on Biocidal Products).
• The amended Ordinance on Mandatory Fees II (Federal Legal Gazette II No 392/2005) specifies the conditions and circumstances under which lower charges than those stipulated in the above Ordinance are justified.
• The second amendment (Federal Legal Gazette II No 352/2008) to the Ordinance on Mandatory Fees II incorporates the experiences gained from the existing active substance programme, which made further classifications and grading of the fees for applications of active substances necessary.
• The third amendment (Federal Legal Gazette II No 209/2009) to the Ordinance on Mandatory Fees II deals with biocidal products applications. New tariff posts were introduced for the establishment of Maximum Residue Limits, and for amendments/changes to the specific provisions with which an active substance is listed.
• The fourth amendment (Federal Legal Gazette II No 75/2012) to the Ordinance on Mandatory Fees II reduces the charges for applications for mutual recognition of authorisation/registration according to § 13 resp. § 14 BiozidG, to be found in Parts I C und II C of the Annex to the Ordinance on Mandatory Fees II.
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(RIS).
Mandatory Fees Ord II consolidated (EN)
These documents are non certified translations and are meant purely as a documentation tool. The information in these documents does not constitute legal advice. The only legally binding form of the translated ordinance is the official version, as published in the Federal Law Gazette, in German language.