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Federal Law on Fees and Deposits

Original Language Title: Gesetz über Gebühren und Auslagen des Bundes

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Federal Law on Fees and Deposits of the Federal Republic of Germany (Bundestoll Act-BGebG)

Unofficial table of contents

BGebG

Date of completion: 07.08.2013

Full quote:

" Federal fee law of 7 August 2013 (BGBl. I p. 3154), which is provided by Article 3 of the Law of 8 June 2015 (BGBl. 904).

Status: Amended by Art. 3 G v. 8.6.2015 I 904

For more details, please refer to the menu under Notes

Footnote

(+ + + Text evidence from: 15.8.2013 + + +) 
(+ + + For application cf. § § 13 and 23 + + +)

The law was adopted as article 1 of the law of 7.8.2013 I 3154 of the Bundestag with the consent of the Bundesrat. Pursuant to Article 5 (1) sentence 1 of this Act, it entered into force on 15 August 2013. Unofficial table of contents

Content Summary

§ 1 Due Survey
§ 2 Scope
§ 3 Definitions
§ 4 Origin of the fee debt
§ 5 Due creditors
§ 6 Debtor
§ 7 Substantive freedom of charge
§ 8 Personal charge
§ 9 Fundamentals of charge measurement
§ 10 Fees in special cases
§ 11 Types of charges
§ 12 Outlays
§ 13 Charge fixing
§ 14 Maturity
§ 15 Advance payment and security
§ 16 Saw supplement
§ 17 Deferment, crushing and adoption
§ 18 Payment limitation
§ 19 Interruption of the payment period
§ 20 Appeal
Section 21 Refund
Section 22 Fee Regulations
Section 23 Transitional arrangements
§ 24 Override
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§ 1 Charge Survey

The fee creditor charges fees and charges for individually attributable public services from the charge debtor in accordance with this law and the fee regulations pursuant to § 22 (3) and (4). Unofficial table of contents

§ 2 Scope

(1) This Act applies to the fees and charges of public administration of the federal and federal authorities, institutions and foundations of public law, in so far as this law or the law of the federal government is responsible for the Fee regulations in accordance with § 22 (3) and (4) for individually attributable public services provide for the collection of fees or the reimbursement of expenses. (2) This Act also applies to the collection of fees and expenses by the in- (1) referred to in other legislation of the Federal Republic of Germany, where there is no other than that. However, it does not apply to individually attributable public services
1.
in accordance with the levy system,
2.
in accordance with the Social Code and the Postal Officials ' Health Insurance Fund,
3.
the federal authorities of the judicial and judicial administration, as well as the German Patent and Trademark Office, the Federal Cartel Office and the Federal Network Agency, insofar as it acts as a regulatory authority within the meaning of the Energy Economic Law,
4.
the Federal Police,
5.
the Stiftung Preußischer Kulturbesitz, the Akademie der Künste, the German National Library, the Foundation for the Work-up of the SED Dictatorship, the Stiftung Jüdisches Museum Berlin, the Foundation of the President-Friedrich-Ebert-Memorial, the Foundation Federal President-Theodor-Heuss-Haus, the Stiftung Chancellor-Adenauer-Haus and the Museum Foundation Post and Telecommunications,
6.
the German Wine Fund and the Regulation on the Sewage Sludge Compensation Fund,
7.
according to the Bundesrechtsanwaltsordnung, the Patentanwaltsordnung, the Bundesnotarordnung, the Wirtschaftsprüferordnung und dem Steuerberatungsgesetz, as well as
8.
according to the federal highway law, the highway building private finance law, the federal road toll law, the toll system law and the infrastructure tax law.
(3) This Act shall not apply in so far as the law of the European Union excludes the imposition of charges or levies on certain services. Unofficial table of contents

§ 3 Definitions

(1) Individually attributable public services are
1.
acts carried out in the exercise of public authority,
2.
To enable the use of facilities and facilities maintained by the Federal Government or by federal authorities, institutions and foundations, as well as federal waterways, to the extent that the use of public-law claims is made public-law ,
3.
surveillance, tests and investigations, and
4.
other acts performed under a public service administration activity,
to the extent that they have an external effect. (2) Individually attributable is a performance,
1.
which is requested or otherwise willfully taken into account,
2.
which is provided in favour of the person affected by the performance,
3.
which has been caused by the person concerned by the performance, or
4.
where a point of connection in the compulsory price of the person concerned is legally justified; for the purposes of spot checks, this shall apply only to the extent that such checks are particularly arranged in accordance with other laws of the European Union or of the European Union , and the subject of the control is a significant risk.
(3) Costs within the meaning of this Act are those which, according to business principles, are capable of being set up as individual and overhead costs, in particular personnel and property costs, as well as calculatory costs. The overhead costs also include the costs of legal and professional supervision. (4) Fees are public-law cash benefits, which the fee creditor collects from the fee debtor for individually attributable public services. (5) Expenses are (6) Authority within the meaning of this Act is any body responsible for the tasks of the public administration in the sense of this law. is true. Unofficial table of contents

§ 4 Origin of the fee debt

(1) The fee debt shall be incurred at the end of the public service which can be attributed individually. Where this service is required for delivery, opening or other disclosure, this shall be deemed to have been terminated. (2) By way of derogation from paragraph 1, the fee shall be incurred,
1.
if an application or appeal is withdrawn or is otherwise completed, with the withdrawal or the other execution; and
2.
if an individually attributable public service cannot be provided at the fixed date for reasons which the person concerned has to represent, or has to be cancelled, at the time of the performance of the service fixed for the performance of the service Date or the departure of the performance.
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§ 5 Fee creditors

Due creditor is
1.
the legal entity of the authority which provides the public service which can be attributed individually, or
2.
of the Beliehene, if the individually attributable public service is provided by the same.
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§ 6 Fee debtors

(1) The payment of fees shall be the responsibility of the person responsible for:
1.
which can be individually attributed to public service,
2.
which has taken over the charge of another person by a statement issued or communicated to the Authority, or
3.
which is liable for the fee debt of another force.
(2) Several charge debtors shall be liable as total debtors. Unofficial table of contents

§ 7 Sachliche fee-free

Fees are not charged
1.
for oral, simple written or electronic information,
2.
for simple information from registers and files,
3.
for simple electronic copies,
4.
in mercy cases,
5.
in the case of service supervision,
6.
for measures of legal and professional supervision in relation to federal bodies, institutions and foundations of public law,
7.
within the framework of an existing or former service or service relationship,
8.
within the framework of an existing or earlier statutory duty of service or an activity which may be carried out in place of the legal service obligation,
9.
for decisions relating to the granting of cash benefits, as well as for settlement measures and implementing controls required in this context,
10.
for decisions on stuning, issuing or repayment of fees,
11.
for things in common use, insofar as nothing else is determined in the laws of the federal government.
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§ 8 Personal fee waier

(1) The Federal Republic of Germany and the federal bodies, institutions and foundations of public law, whose expenditure on the basis of legal obligation is wholly or partly borne by the budget of the Federation, shall be the payment of the fees for individually attributable public services. (2) The Länder and the national bodies, institutions and foundations of public law, whose expenditure on the basis of legal obligation wholly or partly from the budget of the country, as well as the Municipalities and municipal associations are free of charge, as far as the recipient of the individually attributable public service also grants the federal government fee freedom. Not exempt are economic enterprises of the countries as well as of the municipalities and municipal associations. The recipient of the individually attributable public service shall be required to provide the appropriate information from the Office. The collection of fees for the use of public institutions by the federal authorities remains unaffected by the sentences 1 to 3. (3) The fee waier does not occur in so far as the provisions referred to in paragraphs 1 or 2 above are applicable to the Authority. Declare that they are entitled to impose the fees on third parties or else to transfer them to third parties. (4) By way of derogation from paragraph 1 or 2, the obligation to pay shall remain in force if the public service which is individually attributable is provided by the following authorities:
1.
Bundesanstalt für Geowissenschaften und Rohstoffe,
2.
Physich-Technische Bundesanstalt,
3.
Bundesanstalt für Materialforschung und -prüfung,
4.
Bundessortenamt,
5.
Federal Office of Maritime and Hydrographic
6.
Professional cooperatives for transport and transport,
7.
Federal Office for Radiation Protection,
8.
Accreditation body,
9.
the air navigation service organisation referred to in § 31b (1) of the Air Transport Act and the Federal Aviation Safety Authority in the field of air traffic control,
10.
Paul-Ehrlich-Institut, with the exception of individually attributable public services, which are provided for the countries, municipalities or community associations,
11.
Federal Institute for Medicinal Products and Medical Devices, with the exception of individually attributable public services provided to the countries, municipalities or community associations,
12.
Federal Archives for the use of archival material within the meaning of the Federal Archives-Use Regulation.
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§ 9 Basics of the fee measurement

(1) The fee shall cover the costs of all parties involved in the performance with the public performance attributable to the individual, in so far as the costs are not to be billed as expenses pursuant to § 12 (1) or (2). The fee shall be included in the fee charged with the performance on a regular basis. For the purpose of determining the fee in accordance with the first sentence, the costs within the meaning of § 3 (3) shall be based. (2) If the public service which can be attributed individually, an economic value which can be calculated in money or a calculable in money, shall be calculated. economic benefits for those affected by the benefit, this value or benefit may be taken into account in an appropriate way in addition to the costs. (3) The charge level determined in accordance with paragraph 1 or 2 may be added to the individually attributable public Performance is not disproportionate and, in particular, no major obstacle to the (4) For reasons of public interest or equity, a lower fee may be determined as the fee referred to in paragraphs 1 to 3, or a waiving of fees. (5) The Authority may grant exemptions or reductions of fees if the fixing of the fee determined in accordance with paragraphs 1 to 4 would be unreasonable in individual cases. (6) If the public benefit of the public service is subject to the individual VAT, this can be added to the fee.

Footnote

(+ + + § 9 (1) to (3): For application see Section 13 (2) + + +)
(+ + + § 9 (3): For application, see Section 59 (2) sentence 5 MessEG + + +) Unofficial table of contents

§ 10 Fees in special cases

(1) The fees shall be fixed in accordance with paragraphs 2 to 7 where:
1.
an application is rejected or a contradiction is rejected,
2.
an administrative act is withdrawn or revoked,
3.
a request or a contradiction is withdrawn or is otherwise completed;
4.
an individually attributable public service for reasons which the person concerned has to represent cannot be provided at the specified date or has to be cancelled for these reasons; and
5.
an administrative act shall be deemed to have been adopted on the expiry of a specified period on the basis of a law.
The basis for the measurement is the costs in accordance with § 9 (1). For reasons of public interest or equity, a lower fee or a fee exemption may be determined. (2) If an application is rejected in whole or in part, a fee is to be charged up to the amount requested for the application. Individually attributable public service. If the application is rejected solely on the grounds of lack of competence of the authority, no fee will be charged. (3) The decision on a contradiction shall, in so far as it has not been unsuccessful, impose a fee up to the level of the contested decision for the contested decision. Power is provided. In the event of an objection to the fixing of fees and charges alone, the fee shall be up to 25% of the amount in respect of which the opposition has not been remedied. If the contradiction is not successful only because the infringement of a procedural or formal provision according to § 45 of the Administrative Procedure Law is unreasonable, no fee is levied. (4) For the withdrawal or revocation of a The administrative act is, in so far as the addressee is responsible, to charge a fee up to the amount of the fee for the issuing of the administrative act at the time of the withdrawal or withdrawal. (5) If an application is withdrawn, or it takes care in some other way before the public performance that can be individually attributed , up to 75 per cent of the fee charged for the benefit shall be charged. If an objection is withdrawn or is carried out in any other way before the notice of appeal is issued, the fee shall be up to 75 per cent of the amount fixed for the contested benefit. No fee shall be charged if the authority has not yet begun factual processing, unless otherwise indicated in paragraph 6. (6) An individually attributable public service may be made for reasons to be represented by the person concerned. (7) In the case of an administrative act which, after the expiry of an administrative act, has not been provided for, or has to be cancelled for these reasons, a fee shall be charged up to the amount of the total performance. shall be deemed to have been adopted on the basis of a legal provision, the fee shall be: 75% of the amount allocated to the administrative act replaced by the expiry of the period. Unofficial table of contents

§ 11 Fees

The fees shall be determined as follows:
1.
by fixed rates (fixed fees),
2.
the amount of time spent on the individual attributable public service (time charges) or
3.
by framework rates (framework fees).

Footnote

(+ + + § 11 N ° 3: For the application, see Section 13 (2) + + +) Unofficial table of contents

§ 12 Deposits

(1) Costs which are not already included in the fee pursuant to Article 9 (1) sentence 2 shall be charged separately as expenses in the amount actually incurred for:
1.
Witnesses, experts, environmental verifiers, interpreters or translators,
2.
Services of other authorities and third parties,
3.
Missions and services,
4.
delivery or public notice and
5.
Copies and copies of paper produced on a special request.
Expositions shall also be levied if the individually attributable public service is free of charge or the fee is reduced in accordance with § § 7, 8, 9 (4) or 5, § 10 (2) to 6. (2) By way of derogation from paragraph 1, it may be determined that:
1.
certain outlays referred to in the first sentence of paragraph 1 shall not be collected separately,
2.
other than those referred to in the first sentence of paragraph 1 shall be collected separately; this shall not apply to simple electronic copies,
3.
charges shall be levied on a flat-rate basis or up to a maximum amount; and
4.
Deposits are not levied or are not charged in full, if the individually attributable public service is free of charge or the fee is reduced.
(3) For outlays, § § 4 to 6, 9 (4) to 6 (6), § 10 (3) and § § 13 and 14 as well as § § 16 to 21 apply accordingly.

Footnote

(+ + + § 12 (1) and 2: For use, see Section 23 (6) sentence 1 + + +) Unofficial table of contents

§ 13 Fee setting

(1) Fees shall be fixed by office in writing or by electronic means. The fee fixing shall be made together with the substantive decision. Fees which would not have been incurred by the Authority if the matter was properly dealt with shall not be charged. (2) In the event of a frame fee being fixed in accordance with Section 11 (3), Article 9 (1) to (3) shall apply. (3) The fixing and its suspension or Change is no longer allowed if the commit period has expired. The period of the fixing period shall be four years. It shall begin at the end of the calendar year in which the fee claim has been incurred. The period of the commit period does not expire, as long as the
1.
a request for the annulment or amendment of the fixing or an appeal lodged before the end of the period has not been decided in an indisputable way; or
2.
the claim for force majeure cannot be prosecuted within the last six months of the time limit.
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§ 14 Due date

The fee shall be charged ten days after the notice of the fixing of charges to the debtor, unless the authority decides otherwise. Unofficial table of contents

§ 15 advance payment and security

(1) The authority may be subject to an individually attributable public service to be provided on request, from the payment of an advance or from the performance of a security to the amount of the fees and expenses expected to be incurred (2) The applicant shall be subject to a period of time for payment of the advance or for the performance of the security. Unofficial table of contents

§ 16 Wrath surcharge

(1) If fees are not paid up to the end of the due date, an amount of 1 per cent of the rounded backward amount shall be paid for each of the month of the month of the sabre. The allowance is only collected if the amount of the arrears exceeds EUR 50 and the amount of the sowing is longer than three days. (2) For the calculation of the sowing surcharge, the remaining amount is to be rounded off to a full 50 Euro. (3) An effective amount of 50 Euro. the fee paid shall be deemed to be paid
1.
in the event of a transfer or transfer of payment appropriations on the day of receipt at the cash register (Bundeskasse or paying agent) responsible for the fee creditor; however, in the event of a devotion or transfer of cheques, three days after the date of receipt of the cheque, the competent cash register,
2.
in the case of a transfer or deposit, to an account of the competent cash register and, in the case of a deposit with a payment slip or a postal order, on the day on which the amount of the cash register is credited, or
3.
in the event of an entry authorization on the due date.
(4) In the cases of total debt, sowing surcharges are incurred in relation to each defaulting total debtor. All in all, however, no additional surcharge would have to be paid than would have been caused if the abatment had occurred only with a total debtor. Unofficial table of contents

§ 17 Stundung, defeating and decree

Cancellation, suppression and cancellation of fixed fees are based on § 59 of the Federal Budget Code. Unofficial table of contents

§ 18 Payment limitation period

(1) The right to payment of fees shall be statute-barred after five years. The limitation period begins with the expiry of the calendar year in which the claim has become due for the first time. (2) The limitation period is inhibited as long as the claim for force majeure is not pursued within the last six months of the limitation period can be. Unofficial table of contents

§ 19 Interruption of the payment period

(1) The limitation period in accordance with § 18 shall be interrupted by
1.
the written assertion of the claim,
2.
Payment postponing,
3.
Stundung,
4.
suspension of enforcement,
5.
security,
6.
enforcement order;
7.
an enforcement measure,
8.
Registration in insolvency proceedings,
9.
Inclusion in an insolvency plan or a judicial debt settlement plan,
10.
Inclusion in a procedure aimed at relieving the debtor's residual debt, or
11.
Investigations by the creditor on the basis of the place of residence or the place of residence of the charge debtor.
(2) The interruption of the limitation period by one of the measures referred to in paragraph 1 shall continue until
1.
the deferment, suspension of enforcement or the suspension of enforcement is terminated,
2.
in the case of security, a right of attachment, a compulsory mortgage or any other preferential right to satisfaction, the appropriate right shall be obtained,
3.
the insolvency proceedings have ended,
4.
the bankruptcy plan or the judicial debt settlement plan is or will lapse,
5.
the residual debt relief is granted or denied or the procedure for the remaining debt relief is terminated prematurely, or
6.
the determination of the authority after the residence or residence of the charge debtor has been terminated.
(3) With the end of the calendar year in which the interruption ends, a new limitation period shall begin. (4) The limitation period shall be interrupted only at the level of the interruption to which the interruption relates. Unofficial table of contents

Section 20 Legal remedies

(1) The fixing of fees may be challenged together with the decision on the basis of a substantive decision or independently. The appeal against a substantive decision also extends to the fixing of fees. (2) If the fixing of fees is challenged on its own, the appeal procedure must be treated as an independent procedure under the law of the law. Unofficial table of contents

Section 21 Refunding

(1) Overpaid or wrongly charged fees shall be reimbursed without delay, but charges wrongly levied shall only be reimbursed as long as their determination is still subject to appeal. (2) The claim for reimbursement shall expire by statute of limitations if it does not expire at the end of the period of the third calendar year following the creation of the claim; however, the limitation period does not commensurate with the inability to fix the fee. Unofficial table of contents

Section 22 Fees of fees

(1) Fees of fees under paragraphs 3 or 4 shall be subject to charges for individually attributable public services. The fees shall be determined in accordance with § 9 (1) to (4), § 10 (1) sentence 3, and § 11. In the case of outlays, § 12 (2) applies. Furthermore, the body responsible for the fees and charges may be determined. (2) Insofar as a legal act of the European Union or an international law contract in particular contains certain provisions for the The collection of fees and charges which deviate from this Act shall be determined by the imposition of fees and deposits in accordance with the legal act or contract by the Fees Ordinance pursuant to paragraphs 3 or 4. (3) The Federal Government shall issue without the approval of the Federal Council by the General Fees Regulation Provisions to the extent that they are to apply in a uniform manner for the federal administration:
1.
Requirements for determining the fee in accordance with § 9 (1), including the calculation of time fees in accordance with Section 11 (2),
2.
Fee arrangements for certificates and certificates, and
3.
Lump-sum payments in accordance with section 12 (2) (3).
(4) The Federal Ministries shall, without the consent of the Federal Council, adopt special charging regulations for their area of responsibility, in so far as no regulations have been adopted by the General Fees Regulation as referred to in paragraph 3. Regulations of the Special Fees Regulations pursuant to sentence 1 shall not apply to the extent that, after the adoption of a Special Fee Regulation, the General Fees Regulation provides for content to be subject to identical or conflicting provisions in accordance with paragraph 3. (5) The fees laid down in the fees regulations referred to in paragraph 3 or 4 shall be reviewed regularly, at least every five years, and shall be adapted to the extent necessary. In the event of an adjustment, the existing provisions shall apply to an individually attributable public service, which has already been requested or started but has not yet been fully provided, to the extent that by means of fee regulations referred to in paragraph 3 or 4. nothing else is determined. Unofficial table of contents

Section 23 Transitional regime

(1) For the collection of fees and expenses for an individually attributable public service, which is requested or started before 15 August 2013, but has not yet been fully provided, the Administrative Cost Act is in the up to 14. (2) In order to collect fees and deposits by the authorities referred to in Article 2 (1) in accordance with legal provisions adopted before 15 August 2013, this law shall apply in accordance with the provisions of paragraphs 3 and 3 of this Regulation. up to 7. (3) Unless otherwise specified, the fee rates shall be calculated in such a way that: between the administrative burden of the fee, on the one hand, and the importance, economic value or other benefits of the individually attributable public service, on the other hand, there is an appropriate ratio. If it is stipulated by law that charges are only levied to cover the administrative expenses, the fee rates are to be calculated in such a way that the fee does not exceed the costs associated with the individually attributable public service. Article 9 (1) shall not be applied. § 6 of the Administrative Costing Act is to be applied in the version valid until 14 August 2013. (4) If the fee is to be calculated according to the value of the item, the value at the time of termination of the individually attributable public performance. If there are framework rates for fees, Section 9 (1) of the Administrative Costs Act shall be applied further in the version in force until 14 August 2013, unless otherwise specified. § 13 Paragraph 2 shall not be applied. (5) § 10 shall not be applied. § 15 of the Administrative Costing Act shall continue to be applied in the version in force until 14 August 2013 for the rejection, withdrawal or execution of an application as well as for the withdrawal or revocation of an administrative act, insofar as nothing else is determined. The provisions adopted before 15 August 2013 shall continue to apply for the revocation, withdrawal or execution of an objection. (6) § 12 (1) and (2) shall not apply. § 10 of the Administrative Costing Act is to be applied further in the version valid until 14 August 2013 for the collection of expenses. (7) § § 1 to 22 and paragraphs 1 to 6 shall not apply to fees and expenses of the Federal Foreign Office and the Federal Missions abroad. (8) Paragraphs 2 to 7 are not applicable
1.
for the provisions of Article 3 of the Law on the Structural Reform of the Federal Law on Fees of the Federal Republic of Germany of 7 August 2013 (BGBl. I p. 3154) as amended after 14 August 2016 and
2.
for the provisions of Article 4 of the Law on the Structural Reform of the Federal Government's Fees Law of 7 August 2013 (BGBl. I p. 3154) as amended after 14 August 2018.
In accordance with Article 22 (4) of the Fees Regulation, it may be determined that paragraphs 2 to 7 do not already apply to an earlier than the dates specified in sentence 1 for the respective scope of the Special Fees Regulation. . Unofficial table of contents

Section 24 External force

Section 23 (2) to (8) shall not enter into force on 14 August 2018.