Cost regulation on the Electrical and Electronic Equipment Act (Electrical and Electronic Equipment Act-ElektroGKostV)

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ElectroGKostV

Date of completion: 06.07.2005

Full quote:

" Electrical and Electronic Equipment Law-Cost Ordinance of 6 July 2005 (BGBl. I p. 2020), as last amended by Article 1 of the Regulation of 28 November 2013 (BGBl. I p. 4094).

V up. By Article 4 (31) of the Act of 7 August 2013 I 3154 mWv 14.8.2018
Status:	Last amended by Art. 1 V v. 28.11.2013 I 4094

For more details, please refer to the menu under Notes

Footnote

(+ + + Text evidence from: 13.7.2005 + + +) 

  

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Input formula

Due to § 22 (2) of the Electrical and Electronic Equipment Act of 16 March 2005 (BGBl. 762) in conjunction with the second section of the Administrative Costing Act of 23 June 1970 (BGBl. 821) is assigned by the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety: Unofficial table of contents

§ 1 Fees and Deposits

(1) For individually attributable public services of the authority competent pursuant to § 16 (1) of the Electrical and Electronic Equipment Act or of the joint body which is to be provided by the competent authority pursuant to Section 17 (1) of the Electrical and Electronic Equipment Act (Electrical and Electronic Equipment Act) Fees charged. The fees payable and the amount of the fees shall be derived from the list of fees listed in Annex 1 to this Regulation. In so far as the services referred to in Annex 1 are subject to VAT, the fees shall be charged under this Regulation plus the statutory turnover tax. (2) For the services referred to in the first sentence of paragraph 1, the fees shall be levied in accordance with Article 23 (6) of the Federal Fees Act. Unofficial table of contents

§ 2 Fee reduction and fee waiving

(1) The competent authority pursuant to Section 16 (1) of the Electrical and Electronic Equipment Act, or the Joint Body provided by the latter pursuant to Article 17 (1) of the Electrical and Electronic Equipment Act, may charge the fee in accordance with points 1.01 to 1.06 of the German Electrical and Electronic Equipment Act. A list of charges on application or from the collection of a fee shall be subject to the application of the regulatory fee for the registration, taking into account the quantity of equipment placed on the market, the economic value of the registration for the company, the probable disposal costs and the the economic downturn would be disproportionate. An application in accordance with the first sentence shall contain information on all four of the criteria mentioned therein. (2) From the levying of a fee in accordance with points 1.04.a to 1.04.f of the list of fees, the application shall be discredited if the manufacturer makes a credible statement in the shall be placed on the market for one year less than the quantity referred to in Annex 2. If the registration period of the applicant covers only a fraction of a year, the quantity shall be calculated to one year. (3) The application referred to in paragraph 1 or paragraph 2 shall be submitted within three months of the notification of the fee the authority or the Belgian Joint Body which has adopted the notice of fees. Without notification of a fee, the application referred to in paragraph 1 or 2 shall be submitted within one year of the date on which the fee is incurred and the application for a fee reduction or a waiving of fees shall apply. The application referred to in the second sentence shall be submitted to the authority or to the Belgian Joint Body responsible for the adoption of the fee. Due to the condition that the conditions for granting them are not eliminated within one year of the application by modification of the respective registered quantity of equipment, the fee shall be reduced and free of charge. The quantity notification pursuant to section 13 (1) of the German Electrical and Electronic Equipment Act (EEE) is the main reason for this. If the applicant fails to comply with his reporting obligations in accordance with § 13 of the Electrical and Electronic Equipment Act, the condition shall be deemed not to have occurred. Unofficial table of contents

§ 3 Revocation and withdrawal of an administrative act, rejection and withdrawal of applications

For the revocation or withdrawal of an administrative act, the rejection of an application for an individual attributable public service, and in the cases of withdrawal of an application for the acceptance of an individually attributable Public service charges are levied in accordance with § 15 of the Administrative Costing Act in the version valid up to 14 August 2013. Unofficial table of contents

§ 4 Opposition fee

(1) For the full or partial refusal of an objection, a fee shall be charged up to the amount of the fee fixed for the contested administrative act. For the complete or partial refusal of an appeal against the fixing of a fee or delivery, a fee is levied up to the amount of 50 per cent of the contested determination. The fee is at least 20 euros if the fixed fee or delivery is not lower. (2) In case of inconsistencies against hardship decisions pursuant to § 2 (1) and 2 (2), the fee for the complete or partial rejection of the fee is less than the amount of the fee. Opposition up to EUR 200. (3) If a contradiction referred to in paragraph 1 or paragraph 2 is withdrawn after the commencement of a factual processing, but before the end of the proceedings, the fee shall not exceed 75 per cent of the amount of objection fee provided. (4) Opposition fees shall not be charged if the objection is not successful only, Because the infringement of a procedure or form of form according to § 45 of the Administrative Procedure Law is inconformable. Unofficial table of contents

§ 5 Transitional provisions

In the case of applications pursuant to Article 2 (2), first sentence, of this Regulation relating to fees which are based on an official act for a class of equipment not listed in Annex 2, Annex 2 shall apply as amended by the Regulation, which shall be submitted at the time of the application for the official act. Unofficial table of contents

§ 6 Entry into force

This Regulation shall enter into force on the day following the date of delivery. Unofficial table of contents

Annex 1 (to § 1 (1))
Charge directory

(Fundstelle: BGBl. I 2011, 3110-3111;
as regards the individual amendments, see Footnote)

Nr.fee Fee in Euro

1	Registration
1.01	Registration the manufacturer, the first mark and the first type of equipment, to the extent that the manufacturer is not already registered with another brand and device type	64,-
1.02	Further Registration per manufacturer, mark and type of equipment, to the extent that the manufacturer is already is registered with at least one brand and device type	35,-
1.03	Update of quantity data to existing registrations according to points 1.01 and 1.02 Change session	43,-
1.04.a	Full inspection of a manufacturer-individual guarantee per manufacturer and first examination of the guarantee for a type of equipment	129,-
1.04.b	Testing of a guarantee based on a manufacturer's guarantee system tested in advance by the Joint Body per manufacturer and first examination of the guarantee for a type of equipment	118,-
1.04.c	Verification of the guarantee in case of use of a guarantee for a new type of equipment to be registered under 1.04.a and 1.04.b per manufacturer for each test of the guarantee for a device type which has not yet been registered or which has not been registered	37,-
1.04.d	Change or Annual update of one or a subsequent change to a guarantee given in accordance with item 1.04.a, 1.04.b or 1.04.c if the device type is unchanged Change, update or post-change	83,-
1.04.e	Change of other warranty data depending on the change	35,-
1.04.f	Verification of the credibility in accordance with § 6 (3) sentence 2 of the Electrical and Electronic Equipment Act per registration	107,-
1.05	Other Registration Data Change Change session	21,-
1.06	Special effort for non-electronic data transfer In each case, the opposite and processed	28,-up to 400,-
1.07	Issue of a certificate of registration	28,-up to 7 500,-
2	Provisioning Order	32.70
3	Pickup Order	40.90
4	Penalties
4.01	Guarantee aufstockwarrant	28,-
4.02	Revocation of registration	up to 75 percent of Fee in accordance with point 1

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Annex 2 (to § 2 (2))

(Fundstelle: BGBl. I 2011, 3111-3112)



Weight Class Device Threshold in kg/year (= 12 months)

Weight Class I	For example: - Small household appliances for use in private households - Small household appliances for exclusively commercial use - Equipment for information and/or data processing, printing of information and the transmission of printed information in private households - Telecommunications equipment used in private households - Mobile phones - Cameras (Photo) - Commercially used equipment of information and telecommunication technology - Appliances of consumer electronics, unless in weight class III - Lamps, gas discharge lamps and LED lamps for use in private households - Other lighting elements or devices for the propagation or control of light for use in private households - Lamps, gas discharge lamps and LED lamps, as well as luminaires and other lighting fixtures or equipment for the propagation or control of light for use exclusively for commercial use - Toys for use in private households - Medical products for use in private households - Monitoring and control instruments for use in private households	30
Weight Class II	For example: - Data View Devices - Tools for use in private households - Tools for exclusively commercial use - Sports and leisure equipment for use in private households - Toys, sports and leisure equipment for exclusively commercial use - Medical products for the commercial user - Monitoring and control instruments for exclusively commercial use	70
Weight Class III	For example: - TV-Equipment - Commercially used audio and video equipment - Large displays - Refrigeration appliances, air conditioners and oil radiators for use in private households - Other large household appliances for use in private households	120
Weight Class IV	For example: - Large household appliances for exclusively commercial use - Automatic output devices for use in private households - Automatic output devices for exclusively commercial use	300