General Fees Regulation

Original Language Title: Allgemeine Gebührenverordnung

Read the untranslated law here: http://www.gesetze-im-internet.de/agebv/BJNR013000015.html

General fees regulation (AGebV) AGebV Ausfertigung date: 11.02.2015 full quotation: "General fees regulation by the 11 February 2015 (BGBl. I p. 130)" footnote (+++ text detection from: 20.2.2015 +++) input formula on the basis of § 22 paragraph 3 of the German fees Act from 7 August 2013 (Gazette I p. 3154) ordered the Federal Government: section 1 General § 1 subject are covered by this regulation for individually attributable public services (fees-enabled services) in the scope of the Federal fees law : 1. guidelines for determining the cost-covering fee based on article 9, paragraph 1, of the Federal fees law including the design of time fees, 2. the fixing of fees for certification.
Section 2 principles (1) that compensatory fee must cover those average costs of all public bodies involved in the performance determination of cost-covering fee of § 2, the 1 with the fees-enabled performance are connected and 2. According to economic principles are able to approach.
(2) the fee calculation is to guide the cost and performance accounting in the Federal Administration (GMBl 2013 S. 1235) match. The provisions of sections 3 to 8, proceed.
(3) the provisions for determining the compensatory fee in special fees regulations form the basis for the regulations according to § 22 paragraph 4 sentence 1 of the German fees Act.

§ 3 (1) fees-enabled performance fees-enabled performance are costs the activities and processes that are necessary for service provision and be caused 1 by the provision itself or 2. ancillary and supplementary services are caused, that relate to the actual service delivery in a sufficiently narrow context.
(2) the following costs referred to in paragraph 1 number 2 as overhead proportionate collected: 1. costs for the line, 2. cost to deploy and maintain the common areas of the Administration, 3. costs for the legal and technical supervision, as well as 4. costs for other areas that prepare for the performance, prepare or otherwise support.

§ 4 in-patient and typing allow to calculate the costs according to § 3 not or only with a disproportionately large expense, can they approximate calculated using price and typisierender standards are.

§ 5 taking into account the expenses (1) as far as expenses in the calculation of the fees are to be included, can they included are in: 1 General flat-rate hourly rates according to Appendix 1, 2. the special flat-rate hourly rates Appendix 2 or 3 the cost, which by a cost and performance accounting have been identified.
(2) to include expenses have no sufficient relation to the number of hours worked or they are incurred only once for the fees-enabled performance, they are part of the compensatory fee resulting from the hourly rate, to be added.
(3) If expenses to be accounted separately are, they may be not included in the cost-covering fee.

§ 6 subject to the costing (1) subject to the calculation of the average cost is exclusively under the facts of the charges-falling fees capable performance. Several factually related charges-enabled services can be combined to a single fee facts.
(2) the following costs shall not be considered when calculating fees: 1. costs are already included in cost items to calculate the or other fees-enabled service, 2. costs for other ineligible fees performance, 3. costs in terms of loss of revenue caused by a fee waiver or reduction, 4. costs in terms of loss of revenue, which was payment by a non-timely or not , in particular due to a deferral or a waiver.

§ 7 imputed costs (1) as imputed costs qualify for only the following costs approach: 1. imputed supply surcharges 2. imputed depreciation, 3. imputed interest, 4. imputed rent, 5 calculated risks.
(2) the supply costs for officials and civil servants are supply supplement solely as imputed to be. The surcharge is to be on the average salaries of civil servants and officials, the following amount: 1 27.9 percent for the simple and the Middle service, 2 29.3 percent for the higher service, 3. 36.9 percent for the higher service.
(3) the acquisition and manufacturing cost or the replacement value are to apply the calculation of imputed depreciation.
(4) the imputed interest rate on the interest on the bound capital shall be determined by the Federal Ministry of finance. It will be published by the Federal Ministry of the Interior in the Federal Gazette.
(5) no imputed depreciation, no imputed interest and no imputed risks shall be considered in the case of an imputed rent approach regarding the same facts. Also the imputed rent should contain no business profit.
(6) the failure of claims fees is capable not as. risk approach.

§ 8 distribution of overheads (1) for the distribution of overheads are to apply proper standards, which will connect to the charges-enabled performance time, personnel or administrative expenses.
(2) is not a distribution of overheads or possible only with a disproportionately large expense, so they are used to with a reasonable percentage surcharge on the cost of individual.

§ 9 (1) fixed fee is as follows to calculate the fixed fee: 1. after the time required on average required for the fees-enabled delivery on the basis of a) General flat-rate hourly fees after Appendix 1 or b) the special flat-rate hourly rates Appendix 2 or 2. on the basis of the costs which have been determined by a cost and performance accounting.
(2) the calculation methods can be combined.

§ 10 (1) time fee is the time after the time is needed for the fees-enabled delivery in individual cases to determine.
(2) the time fee calculation following hourly rates are to be based: 1 the General flat-rate hourly rates according to Appendix 1, 2. after the special flat-rate hourly rates Appendix 2 or 3 the hourly rates, which have been determined by a cost and performance accounting.
(3) the calculation methods can be combined.
(4) in determining a time fee one-quarter of the hourly rate is for each quarter hour to fix.

§ 11 the sub frame fee and the upper limit of the frame fee arise 1 by multiplication of a determined for the fees-enabled performance) lowest hourly rate with the lowest time is on average required for the fees-enabled delivery and b) highest hourly rate with the highest expenditure of time is on average required for the fees-enabled delivery or 2 from the lowest and highest costs determined by a cost and performance accounting.
1 point 1 applies to the determination of hourly rates after sentence § 9 according to.
(Section 3 uniform fees section 12 fees for certification (1) the fee is 9.60 Euro per certification notice for attestation of 1 a self-made by the authenticating authority) electronic or non-electronic copies, b) print out electronic documents, 2 electronic documents, which has produced the authenticating authority to the figure of a document itself, 3. signatures and hand signals.
(2) paragraph 1 does not apply to the representatives of the Federal Government abroad.
Section 4 entry into force § 13 entry into force this regulation enter into force on the day after the announcement.

Appendix 1 (to § 5 paragraph 1 number 1, article 9, paragraph 1 number 1 2(a) and article 10, paragraph 2 number 1) (site: Federal Law Gazette I 2015, 133-136) part A general flat-rate hourly rates (flat rates of the cost of a standard work in the Federal Administration) cost hourly rate in euro section 1 personal individual and individual expenses 1 with overhead surcharge if missions as delivery to settle, the hourly rate to 0.70 euros must be shortened.
If experts as a display to be settled are the hourly rate by 0.09 euros must be shortened.
basic service 44,17 draw medium-service 51,03 service 61,48 higher service 83.59 2 without overhead surcharge if missions as a display to be settled are, must be shortened by the hourly rate to 0.53 euros.
If experts as a display to be settled are the hourly rate to 0.07 euros must be shortened.
simple service 33,97 medium service 39,25 draw service 47,29 higher service 64,29 section 2 1 staff costs with overhead surcharge if missions as a display to be settled are the hourly rate to 0.23 euros must be shortened.
simple service 33,53 medium service 40,39 draw service 50,84 higher service 72,95 2. without overhead surcharge if missions as a display to be settled are, do the hourly rate to 0.17 euros will be reduced.
simple service 25,79 medium service 31.07 draw service 39,11 higher service 56,11 section 3 individual expenses

1. with overhead surcharge if missions as a display to be settled are the hourly rate to 0.47 euros must be shortened.
If experts as a display to be settled are the hourly rate by 0.09 euros must be shortened.
 
10.64 2. without overhead surcharge if missions as delivery to settle, the hourly rate to 0.36 euros must be shortened.
If experts as a display to be settled are the hourly rate to 0.07 euros must be shortened.
 
 8.18 part B derivation of General flat-rate hourly rates cost purpose costs for the Federal Government per year in euro 1 staff costs 1.1 civil servants and officials 1.1.1 gross covers A 2 22 926 A 3 26 047 A 4 30 734 A 5 31 257 A 6 32 118 basic service A-2 to A-6 31 353 A 6 28 378 A 7 694 32A 8 37 077 A 9 41 177 A 9 + allowance 44 584 medium service A 6 until A 9 + allowance 38 135 A 9 36 028 A 10 43 982 A 11 49 133 A 12 53 778 A 13 60 213 A 13 + allowance 64 429 fine service A-9 to A-13 + allowance 47 946 A 13 55 483 A 14 63 114 A 15 72 255 A 16 81 188 higher service A-13 and A-16 65-705 1.1.2 supply % of 1.1.1 basic service 27.9 8 747 medium service 27.9 10 640
fine service 29.3 14 048 higher service 36.9 24 245 1.1.3 personnel costs aid due to the State aid rules 1 900 care services and supports including use of special technical services/forces 100 separation money, travel grants, as well as relocation expenses 300 1.2 workers and employees 1.2.1 gross compensation E 2 28 250 E 2 (higher pay) 29 003 E 3 30 600 E 4 32 299 basic service E 2 and E 4 30 299 E 5 33 624 E 6 35 904 E 7 40 453 E 8
38 843 E 9 42 907 medium Service E 5-E 9 36 700 E 9 44 436 E 10 48-807 E 11 54 634 E 12 62 625 fine Service E 9-E 12 50 696 E 13 51-009 E 14 64 443 E 15 73 928 E 15 (higher pay) 87 465 higher service E 13 E 15 (higher pay) 58-805 1.2.2 employer's social insurance E 2 8 063 E 2 (higher pay)
 8-684 S 3 8 847 E 4 9 898 easier Service E 2 and E 4 8 773 E 5 9 463 E 6 10 189 E 7 12 038 E 8 10 628 E 9 12 487 medium Service E 5-E 9 10 382 E 9 12 194 E 10 12 559 E 11 13 608 E 12 14 348 fine Service E 9-E 12 12 973 E 13 12 838 E 14 14 861 E 15 16 352 E 15 (higher pay) 19 451 higher service E 13 E 15 (higher pay) 14 022 1.2.3 personnel costs of services and supports including use of special technical services/forces 100 250 Federal accident fund separation money, travel grants, as well as relocation expenses 300 2. individual expenses 2.1 actual administrative expenditure 4 730 business needs and communication as well as devices, facilities and equipment, other commodities, software , Maintenance consumables, attitude of vehicles and such rental and leases and training missions expert 2.2 investments 2 430 little new, renovations and extensions (less than EUR 2 million per section) acquisition of vehicles proceeds from the sale of movable property acquisition of equipment, devices, equipment and equipment and software in the field of information technology acquisition of other equipment, facilities, and equipment for administrative purposes 2.3 6 850 offices management of land , Buildings and premises rental and leases relating to single property management maintenance of land and architectural plants 2.4 lump-sum deduction of 2.1 to 2.3 - 4% 3 overhead surcharge set on staff individual and individual expenses 30% 4. number of employees federal employees heads 165 742 5 labor work hours per year 1 644 annex 2 (to § 5 paragraph 1 number 2, article 9, paragraph 1 number 1 (b) and article 10, paragraph 2 number 2) (site : BGBl. I, 2015, 137-141) special flat-rate hourly rates (calculation scheme for agency-specific flat rates) cost purpose fixed fixed title according to household classification of federal - new festival title in accordance with domestic Systematics of the Covenant - old 1 staff costs 1.1 civil servants and officials 1.1.1 gross covers A 2 A 3 A 4 A 5 A 6 A 2 to A basic service 6 A 6 A 7 A 8 A 9 A 9 + allowance medium service A 6 and A 9 + allowance A 9 A 10 A 11
 
 
A 12 A 13 A 13 + allowance raised service A-9 to A-13 + allowance A 13 A 14 A 15 A 16 higher service A 13 draw up A 16 1.1.2 supply % from 1.1.1 basic service 27.9 medium service 27.9 service 29.3 higher service 36.9 1.1.3 personnel costs aid due to the State aid rules Z 441.1 441.1 welfare benefits and supports including use of special technical services/forces Z 443.1 443.1 443.2 separation money , Travel grants, as well as relocation expenses 453.1 453.1 if missions separation money as delivery will be charged: 5% this title mixed personnel expenses - as far as the costs associated with fees-enabled performance are 459.9 (§ 3) 459-.9 1.2 workers and employees 1.2.1 gross covers E 2 E 2 (higher pay) E 3 E 4 basic service E 2 and E 4 E 5 E 6 E 7 E 8 E 9 medium Service E 5-E 9 E 9 E 10 E 11 E 12 upscale Service E 9-E 12 E 13 E 14 E 15 E 15 (higher pay) higher service E 13 E 15 (higher pay) 1.2.2 employer share social insurance E 2 E 2 (higher pay) E 3 E 4 basic service E 2 and E 4 E 5 E 6 E 7 E 8 E 9 medium Service E 5-E 9 E 9 E 10 E 11 E 12 draw Service E 9 to E 12 E 13 E 14 E 15 E 15 (higher pay) higher service E 13 E 15 (higher pay) 1.2.3 personnel costs of services and supports including use of special technical services/forces Z 443.1 443.1 443.2 Z 452 Federal accident fund 02 452 02 separation money, travel grants, as well as relocation expenses 453.1 453.1 if missions separation money as delivery will be charged : 5% this title mixed personnel expenses - as far as the costs associated with fees-enabled performance are 459.9 2. thing direct costs 2.1 (§ 3) 459-.9 actual expenditure on administrative management business needs and communication as well as devices, facilities and equipment, other commodities, software, maintenance 511.1 511.1 511 55 511 56 consumables, maintenance of vehicles and the like 514.1 514.1 rents and leases 518.1 518.1 518 55 518 56 training and 525.1 525.1 525 55 525 56 missions 527.1 527. 1 527 09 when missions as delivery will be charged: approach of this title: 0 euro exceptional effort from business initiative in special cases - as far as the costs associated with fees-enabled performance Z 529.1 are 529.1 jobs and services in the field of information technology - (section 3) as far as the costs with fees-enabled performance associated (§ 3) 532.1 532 55-532 56 other service contracts to third - as far as the cost of fees-enabled performance associated with are 532.3 (section 3) if other service contracts to third parties billed as a display: approach of this title: 0 euro mixed administrative expenditure - as far as the costs associated with fees-enabled performance are 539.9 (§ 3) 539-.9 539 55 546 88 not separable actual administrative expenditure - as far as the cost charges enabled performance associated with 547.1 are 547.1 experts (§ 3) expenses for members of the trade advisory boards and similar committees - as far as the cost charges enabled performance associated with Z 526.2 are 526.2 (§ 3) 526.3 If experts as delivery will be charged : 60% this title public relations - as far as the costs associated with fees-enabled performance Z 542.1 are 542.1 publications, (§ 3) specialist information - as far as the cost of charges enabled performance associated with Z 543.1 543.1 conferences, (§ 3) conferences, trade fairs and exhibitions - as far as the cost with the fees-enabled performance linked are (§ 3) Z 545.1 545.1 research, studies and similar - as far as the cost charges enabled performance associated with are 544.1 authority-specific subject-related administrative expenditure (excluding information technology) - (section 3) 544.1 so far the costs with fees-enabled performance associated (§ 3) 532-.2 2.2 investment little new, renovations and extensions (less than 2 million per job site) 711.1 711.1 acquisition of vehicles 811.1 811.1 proceeds from the sale of movable property 132.1 132.1 acquisition of equipment, devices, equipment and equipment and software in the field of information technology 812.2 812 55 812 56 acquisition of other equipment , Equipment and equipment for administrative purposes 812.1 extraction from fixed title 812 of the budget classification of the Covenant - old

Construction of more than EUR 2 million in individual cases - as far as the cost charges enabled performance associated with are 712.1 (§ 3) 712.1 2.3 Office space management of land, buildings and rooms 517.1 517.1 rents and leases relating to single property management 518.2 518.2 maintenance of land and structures 519.1 519.1 2.4 lump-sum deduction of 2.1 up 2.3 - 4% 3. overheads charge set on staff individual and individual expenses as a percentage 3.1 relevant organizational units , management staff positions provide internal services internal agents (such as Privacy Commissioner) controlling internal audit organization/personnel/budget (including training presentations, Ombudsman) property management information technology occupational safety and health administration (without court and opposition proceedings) internal service language service library printing aid point (only for active officers and officials) instead for travel expenses, moving expenses, separation money reference point staff 3.2 legal and technical supervision 4. headcount Federal employees heads 5. labor work hours per year