Based on Fee Regulation (EC) No 340/2008, when a natural or legal person has claimed to be entitled to a fee reduction and paid a reduced fee, but cannot demonstrate that it is entitled to such a reduction, ECHA levies the balance of the fee applicable to the correct company size category as well as an administrative charge which has been defined in the Management Board decision MB/D/29/2010 as amended by Management Board decision MB/21/2012/D and Management Board decision MB/14/2015.
The administrative charges are as follows:
Size of company
|
Administrative charge
|
Large (non-SME)
If a large (non-SME) enterprise incorrectly claims to be an SME
|
€19 900 or 2.5 times the financial gain*, whichever is lower
|
Medium
If a medium sized enterprise incorrectly claims to be a small or micro sized company
|
€13 900 or 2.5 times the financial gain*, whichever is lower
|
Small
If a small enterprise incorrectly claims to be a micro sized company
|
€7 960 or 2.5 times the financial gain*, whichever is lower
|
*Financial gain is the difference between reduced SME fees incorrectly paid and the fees applicable to the correct company size category.
Consult the section on ‘What to do if you incorrectly indicated the SME size category' for instructions on how to:
Avoid the administrative charge in cases where you have incorrectly informed ECHA about the enterprise category but have not yet been approached by ECHA to verify the size category of your company, or the company that you represent as an Only Representative.
Benefit from a 50 per cent reduction of the administrative charge in cases where you have incorrectly informed ECHA about the enterprise category and you have already been approached by ECHA to verify the size category of your company, or the company that you represent as an Only Representative.
What to do if you incorrectly indicated the SME size category