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Law on fees and expenses of the Federal Government (Federal fees law - BGebG) BGebG Ausfertigung date: 07.08.2013 full quotation: "Federal fees law of 7 August 2013 (BGBl. I p. 3154), by article 3 of the law of the 8th June 2015 (BGBl. I p. 904) has been changed" stand: amended by art. 3 G v. 8.6.2015 I 904 for details on the stand number you see in the menu see remarks footnote (+++ text detection from) : 15.8.2013 +++) (+++ to the application see sections 13 & 23 +++) the law was enacted as article 1 of the law of the 7.8.2013 I 3154 of the Bundestag with the consent of the Federal Council. It is sentence 1 of the law on the 15.8.2013 in force paragraph 1 pursuant to article 5.
Table of contents section 1 charging § 2 scope article 3 definitions § 4 emergence of fees debt § 5 of fees creditors § 6 charges borrowers § 7 material exemption § 8 personal exemption section 9 basics of the tax section 10 fees in special cases § 11 fee types § 12 expenses section 13 fee fixing § 14 § 15 maturity advance payment and security deposit section 16 late payment surcharge § 17 deferral, suppression and Decree article 18 payment limitation section 19 interruption of payment limitation period of § 20 appeal section 21 refund section 22 fees regulations section 23 transitional article 24 expiry of section 1 charging the fees creditors charges for individually attributable public services the fees borrowers fees and expenses in accordance with this law and the fees regulations pursuant to section 22 paragraph 3 and 4.
§ 2 scope of application (1) this law applies to the fees and costs incurred by public administration activities of federal authorities and the federal authorities, institutions, and foundations under public law insofar as this Act or the fees regulations provide for the levying of fees or the reimbursement of expenses pursuant to section 22 paragraph 3 and 4 for individually attributable public services.
(2) this Act also applies to authorities referred the levying of fees and expenses by the paragraph 1 under other federal legislation, unless otherwise determined there. It applies to cultural heritage, the Academy of Arts but not individually attributable public services 1 in proceedings under the code of tax, 2. in procedures according to the social security code and the postal civil service, health insurance, 3. the federal authorities of the judiciary and court management, as well as of the German of patent and Trademark Office, the Federal Cartel Office and the Federal Network Agency, as far as occurs as a regulatory authority in accordance with the Energy Act, 4 of the Federal Police, 5. the Foundation Prussian , the German national library, the Foundation for processing der SED-Diktatur, the Jewish Museum Berlin Foundation, the Foundation Reichspräsident Friedrich Ebert Memorial place, the Foundation of Federal President Theodor Heuss House, the Foundation Chancellor Adenauer House and the Museum Foundation post and telecommunications, 6 of the German wine Fund and in proceedings under the Ordinance, the sewage sludge GSF, 7th after the Federal legal order, the patent attorney regulations, the Federal notarial regulations, the order of Chartered Accountants and the tax law and 8 according to the Federal Highway, the highway construction private financing Act , the Federal road toll, the toll system Act and the infrastructure levy Act.
(3) this Act does not apply, as far as European Union law precludes the levying of fees or costs for certain services.
Section 3 definitions (1) common public services are individual 1 acts performed in the exercise of sovereign powers, 2. the facilitation of the use by the Federal Government or facilities maintained by federal authorities, establishments and foundations and installations, as well as by a federal waterway, enabling the use is public regulated 3. monitoring measures, audits and investigations 4. other activities carried out within the framework of a public service management activity , as far as them is visibility.
(2) individually attributable to 1 which is applied for or otherwise deliberately claimed a performance, 2. is in favour of the provided by the power concerned, 3rd was causing those affected by the performance or 4th at the a starting point in the Pflichtenkreis of performance concerned is legally justified. This applies only to spot checks, insofar as these are especially arranged according to other laws of the Federal Government or legal acts of the European Union and a significant danger posed by the subject of the control.
(3) costs within the meaning of this law are those which are capable approach to economic principles as single and overhead costs, particularly personnel and material costs and imputed costs. The overheads include the costs of legal and technical supervision.
Public money services, which fees creditors by the fees borrowers individually attributable public services charges are fees (4).
(5) expenses aren't included costs that collects the authority for individually attributable public services in individual cases under article 12, paragraph 1 or 2 of the fee.
(6) the authority within the meaning of this law is any body which performs duties of public administration.
Section 4 formation of fees debt (1) the fees debt incurred upon termination of the individually attributable public performance. This performance of a delivery, opening or other announcement is needed this is considered their termination.
(2) by way of derogation from paragraph 1, the charges fault, 1 if an application or an appeal is withdrawn or settled in any other way with the withdrawal or other registration and 2 If an individually attributable public performance reasons, the data subject has to represent, can be provided to the due time or must be terminated at the time of the date laid down for the provision of the service or of the cancellation of the performance is created.
§ 5 of fees creditors of fees creditors is the Beliehene 1 of the entities of the authority which provides the individually attributable public service, or 2. If the individual common public service is provided by this.
§ 6 payment of fees one is obliged to charge debtors (1), 1st public performance is individually accountable, 2nd which has taken the charges fault of another by a statement given to the authority or notified to you or 3rd is liable for the fees due of another law.
(2) multiple fees debtor liable severally.
§ 7 material free of tuition fees are not charged 1 for oral and simple written or electronic information, 2. for simple information from registers and files, 3 for simple electronic copies, 4th in terms of grace, 5th in child, 6 for measures of legal and technical supervision to federal authorities, establishments and foundations under public law, 7 in the framework of existing or previous service or official relationship, 8 within the framework of an existing or previous statutory duties or activities , which can be done instead of the statutory service obligations, 9 for decisions in the context of the granting of cash benefits and execution measures required in this context and carrying out inspections, 10 to decide on deferment, remission or refund of fees, is 11 for things in common use, as far as otherwise determined in laws of the Federal Government.
§ 8 personal exemption (1) the Federal Republic of Germany and the federal authorities, establishments and foundations under public law, whose spending carried, on the basis of statutory obligation wholly or partly from the budget of the Federal Government are exempt from the payment of fees for individually attributable public services.
(2) the countries and country direct authorities, establishments and foundations under public law, spending on the basis of statutory obligation wholly or partly from the budget of the country will be worn, as well as the municipalities and municipal associations exempt fees, unless the recipient of individually attributable public performance exemption also admits the Federal. Economic enterprises of countries as well as the municipalities and municipal associations are not exempt. The recipient of individually attributable public performance has appropriate information by virtue. The levying of charges for the use of public facilities by the authorities of the Federal Government remains unaffected by the sentences 1 to 3.
(3) the exemption will not occur unless 1 or 2 referred to the authority explain in paragraph that they are entitled to impose charges to third parties or to otherwise to third parties. In paragraph 1 or 2 shall have appropriate information by virtue.
(4) by way of derogation the fees shall from paragraph 1 or 2 remain in effect, if the individually attributable public service is provided by the following authorities: 1. Federal Institute for Geosciences and raw materials, 2. Physikalisch-Technische Bundesanstalt, 3. Federal Institute for material research and testing, 4.
Federal plant variety Office, 5 federal maritime and hydrographic Agency, 6 Professional Association for transport and transport economics, 7 Federal Office for radiation protection, 8 accreditation, 9 in paragraph 31 b of paragraph 1 of the air transport Act called air traffic control organisation, as well as the federal supervisory Office for air traffic control in the task pane of the ATC, 10 Paul-Ehrlich-Institut, with the exception of individually attributable public services, which are provided for the countries, municipalities or municipal associations, 11 Federal Institute for drugs and medicine products , with the exception of individually attributable public services, which are provided for the countries, municipalities or municipal associations, 12 Federal Archives for the use of archival material in the sense of the German Federal Archives regulations governing the use.
The costs associated with the individually attributable public performance of all those involved in the power cover basics of tax (1) the fee is designed to § 9, insofar as the costs as expenses to settle are pursuant to article 12, paragraph 1 or 2. The costs incurred by regularly associated with the performance are to be included in the fee. For the determination of the fee pursuant to sentence 1 are the costs within the meaning of § 3 paragraph 3 basis to lay.
(2) an economic value calculable in money or a calculable in money the economic benefits for the performance comes to the individually attributable public performance affected, can be considered properly this value or benefit in addition to the cost.
(3) the fees under paragraphs 1 or 2 may be individually attributable public performance not disproportionate and represent in particular no significant barrier to the use of the services by the debtors of the charges.
(4) for reasons of public interest or equity, a lower fee than the fee provided for in paragraphs 1 to 3 or a fee waiver can be determined.
(5) the authority may grant exemptions or reductions, the setting of the fee determined by paragraphs 1 to 4 in each case would be unreasonable.
(6) subject to the individually attributable public performance of sales tax, this fee can be added.
Footnote (+++ § 9 para 1 to 3: the application see § 13 para 2 +++) (+++ § 9 para 3: to the application see section 59 para 2 sentence 5 MessEG +++) fees in special cases (1) § 10 are the fees set in accordance with the paragraphs 2 to 7, when is 1 an application refused or rejected a contradiction is, 2. an administrative act withdrawn or revoked, 3. an application or an appeal is withdrawn or is otherwise done , 4. an individually attributable public performance reasons, the data subject has to represent, not be provided the due time or for these reasons must be terminated and 5 an administrative act after a certain period on the basis of a legal provision as adopted applies.
The costs are base for article 9, paragraph 1. For reasons of public interest or equitable to determine a lower fee or a fee waiver.
(2) a request is rejected wholly or in part, is a fee up to the amount to raise, which is intended for the requested individually attributable public performance. If the application just because of lack of competence of the authority refused, no fee is charged.
(3) to decide on a contradiction a fee up to the height to raise, is intended for the contested performance is, as far as this is unsuccessful. In a contradiction, which is alone against the fixing of fees and expenses, the fee is up to 25 percent of the amount was not rectified the contradiction in terms of. The opposition has no success only because the breach of a procedural or formality is irrelevant to article 45 of the Administrative Procedure Act, no fee is charged.
(4) for the withdrawal or the cancellation of an administrative act is, as far as the addressee has to represent this to charge a fee up to the amount of the fee laid down for the adoption of the administrative act at the time of the withdrawal or revocation.
(5) If an application is withdrawn, or he settled in any other way, before the individually attributable public performance is furnished in full, up to 75 per cent of the fee laid down for the performance are to rise. An opposition is withdrawn or he settled in any other way, before the opposition notice is issued, the fee is up to 75 percent of the amount established for the contested performance. No charge is to raise, if the authority has not begun substantive editing, unless otherwise specified in paragraph 6.
(6) an individually attributable public benefit reasons, the person concerned has to represent, can not be paid on the fixed date or must be cancelled for these reasons, a fee is to raise up to the amount provided for the whole performance.
(7) for an administrative act, considered to have been adopted after a certain period on the basis of a legal provision, the fee is up to 75 percent of the amount which is foreseen for the administrative act replaced by the end of the period.
§ 11 types of fees are the fees to determine as follows: 1. fixed rates (fixed fees), 2 by the time required for the individually attributable public performance (time fees) or 3 through frame (frame rates).
Footnote (+++ § 11 no. 3: to the application see § 13 para 2 +++) § 12 expenses (1) costs that are involved, not after section 9 paragraph 1 sentence 2 in the fee are as expenses separately in the actually incurred amount raised for 1 witnesses, experts, environmental verifier, interpreter or translator, 2. services of other authorities and third parties, 3 missions and service corridors, 4. delivery or public notice and 5 copies and paper copies , which are created on special request.
Expenses are also then, if individually attributable public performance according to paragraphs 7, 8, 9 paragraph 4 or 5, article 10 paragraph 2 to 6 free of charge or the fee is reduced.
(2) by way of derogation from paragraph 1 can that 1 certain expenses set 1 not separately collected pursuant to paragraph 1, others described 2 as that sentence 1 in paragraph 1 be expenses are separately collected; This does not apply to simple electronic copies, 3. expenses are charged flat rate or up to a maximum and 4. expenses not or not collected in full, if individually attributable public performance free of charge or the fee is reduced.
(3) for expenses, the §§ 4 to 6, 9 paragraph 4 to 6, § 10 paragraph 3 as well as the sections 13 and 14 the sections 16 to 21 shall apply mutatis mutandis.
Footnote (+++ § 12 para. 1 and 2: to apply see § 23 paragraph 6, sentence 1 +++) article 13 fees fixing (1) fees are fixed by virtue in writing or electronically. The fixing of charges should be together with the decision. Charges that are not would have been created in real treatment of the matter by the authority, is not applicable.
(2) in the case of fixing a border fee pursuant to section 11, § 9 paragraph 1 to 3 number 3 is to apply.
(3) the establishment as well as its cancellation or modification is no longer allowed, when the set period has expired. The fixing period is four years. It begins at the end of the calendar year in which the fees claim arose. The fixing time limit does not expire as long as 1 an application before expiry of the period provided to repeal or change the setting or an inserted remedy not unimpeachable has been decided or 2 the claim due to force majeure not can be traced within the last six months of the fixing period.
§ 14 due date the fee is ten days after the announcement of establishing fees to the debtors of the charges due, unless the authority sets no time.
§ 15 an individually attributable public performance, which is to provide on request, make subject to the payment of a deposit or the lodging of a security up to the amount of the charges expected to be incurred and expenses advance payment and security deposit (1) that authority may.
(2) the applicant is a period of payment of the advance or the provision of security to put.
§ 16 late payment surcharge (1) no fees until the end of the day of maturity, a late payment surcharge of 1 percent of the rounded amount of arrears for each month of delay is so payable. The default surcharge only, if the arrears amount exceeds 50 euros and more than three days is the default.
(2) for the calculation of the late payment surcharge, the arrears amount to full 50 euro is complete.
(3) an effective paid fee is paid 1. when delivery or remittance of cash on the day of receipt by the responsible for the fees creditors cash (federal Treasury or paying agent); Devotion or sending cheques but three days after the date of receipt of the cheque to the competent Office, 2.
Bank transfer or deposit into an account of the relevant Fund and deposit payment or postal order to the day on which the amount of cash is credited, or 3. If there is a debit on the due date.
(4) in cases of the total debt incurred late payment surcharges against any defaulting debtors. Overall, however there is no higher late payment surcharge is payable as would have been forfeited if the default only on a joint and several debtor would have occurred.
§ 17 deferrals, suppression and adoption are based on § 59 of the federal financial deferral, suppression and adoption of fixed fees.
§ 18 payment limitation (1) the entitlement to payment of fees barred after five years. The limitation period begins at the end of the calendar year in which the claim has become due for the first time.
(2) the limitation period is suspended as long as the claim due to force majeure can not be traced within the last six months of the limitation period.
§ 19 interruption of payment limitation (1) which is statute of limitations according to § 18 interrupted by 1 written claim, 2. suspension of payment, 3. deferment, 4. suspension of enforcement, 5. Security performance, 6 reprieve, one 7 enforcement measure, 8 application in the insolvency proceedings, 9 recording in an insolvency plan or a judicial debt cleanup plan, 10 involvement in a process that has the remaining debts to the debtor to the target, or 11 investigations of the creditor according to the place of residence or the place of residence of the debtor of the fees.
(2) the interruption of the limitation period by one of the measures referred to in paragraph 1 continues until 1 the deferral, the suspension of enforcement or the reprieve is finished, 2 security service, garnishment lien, Zwangshypothek or an other preferential right to satisfy such right is extinguished, 3. the insolvency procedure is completed, 4. the insolvency plan or the judicial debt cleanup plan is fulfilled or will lapse , 5. the residual debt exemption is granted or denied or the procedure, which has the remaining debts to the target, is prematurely terminated or 6 the determination of the authority is finished after the domicile or the residence of debtor's fees.
(3) a new limitation period begins at the end of the calendar year in which the interruption ends.
(4) the limitation period is interrupted only in the amount to which the interruption relates.
Article 20 the fee setting can remedy (1) together with the decision or are contested independently. Appeal against a decision also extends to the setting of fees.
(2) is the setting of fees independently contested the appeal is fees legally than to treat independent procedure.
Article 21 reporting are (1) overpaid or wrongly levied fees to refund immediately, unfairly raised fees but only, as long as their fixing is still disputable.
(2) the refund claim expires by limitation if he does not will be claimed until the end of the third calendar year following the emergence of the claim; However, the Statute of limitations does not begin before the nonrepudiation of determining fees.
22 fees regulations (1) fees regulations after paragraph 3 or 4 are for individually attributable public services to provide for fees. The fees are in accordance with § 9 paragraph 1 to 4, article 10 paragraph 1 sentence 3 and section 11 to determine. Article 12 paragraph 2 applies to expenses. Furthermore, the point can be determined, which attracts the charges and expenses.
(2) where a legal act of the European Union or an international treaty in particular contains content specific requirements for the collection of fees and costs that deviate from this law, the levying of fees and expenses is in accordance with the Act or contract fees regulation according to paragraph 3 or 4 to determine.
(3) the Federal Government shall adopt without the consent of the Federal Council by General fees regulation following provisions so far as they uniformly apply the Federal Administration for the area: 1. guidelines for determining the fee pursuant to section 9 paragraph 1 including the design of time fees pursuant to section 11 number 2, 2. charging schemes for accreditations and certificates, as well as 3. in-patient expenses pursuant to article 12 paragraph 2 number 3 (4) the federal ministries issued without the consent of the Federal Council special fees regulations for their area of competence , if no regulations have been made by the general regulation of fees pursuant to paragraph 3. Regulations of the special fees regulations pursuant to sentence 1 does not apply, as far as after adopting a special fees regulation identical or contrary provisions have been made by the General fees regulation pursuant to paragraph 3.
(5) the fees set by fees regulations after paragraph 3 or 4 are regularly to review at least every five years, and, if necessary, to adapt. In an adjustment the existing regulations for individually attributable public performance, which was already applied for or started, but not yet provided, shall continue to apply, through fees regulations after paragraph 3 or 4 nothing else unless otherwise provided.
§ 23 transitional arrangements (1) for the collection of fees and costs for individually attributable public performance, which has been applied for or started, but not yet fully provided, before August 15, 2013 is further apply the administrative costs act as amended by force until August 14, 2013.
(2) for the collection of fees and expenses which in article 2 paragraph 1 referred authorities under legislation which have been adopted, before the 15 August 2013 applies this law in accordance with paragraphs 3 to 7 (3) insofar as nothing else is determined, the fees are to be measured, that between the level of the consider the administrative burden of the fee on the one hand and the importance , the economic value or other benefit of individually attributable public performance on the other hand there is an adequate relationship. Is prescribed, be charged only to cover the administrative expenses, the fees are so designed that the fee does not exceed the costs associated with the individually attributable public performance. Article 9 paragraph 1 is not applied. § 6 of the administrative expenses Act in force until August 14, 2013 amended is continue to apply.
(4) the fee is for the value of the item to calculate the value at the time of the termination of the individually attributable public performance is decisive. Frame rates are provided for fees article 9, paragraph 1, of the administrative costs act as amended by force until August 14, 2013 is continue to apply, as far as nothing else is determined. Article 13, paragraph 2 is not used.
(5) § 10 will not be applied. For the refusal, withdrawal or processing an application as well as the withdrawal or the cancellation of an administrative act § 15 of the administrative expenses Act in force until August 14, 2013 amended is continue to apply, as far as nothing else is determined. The legislation promulgated prior to August 15, 2013, are continue to apply for the rejection, withdrawal or settlement of any conflict.
(6) section 12 paragraph 1 and 2 is not applied. For the collection of costs incurred by section 10 of the administrative expenses Act in force until August 14, 2013 amended is continue to apply.
(7) sections 1 to 22, as well as paragraphs 1 to 6 do not apply to fees and expenses of the Foreign Office and agencies the Federal Government abroad.
(8) the provisions of paragraphs 2 to 7 shall not apply 1 to article 3 of the law on the structure of the fees reform of Federal from 7 August 2013 (BGBl. I p. 3154) amended rules after 14 August 2016 and 2 for which article 4 of the law on the structure of the fees reform of Federal from 7 August 2013 (BGBl. I p. 3154) amended rules after the 14 August 2018.
Through special fees regulation according to § 22 paragraph 4 can be determined, that the paragraphs 2 to 7, to an earlier than the dates specified in sentence 1 for each application area of the special fees regulation are not applicable.
§ 24 occurs on the 14 August 2018 override expiry § 23 paragraph 2 to 8.
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