# Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017 on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision 92/438/EEC (Official Controls Regulation) (Text with EEA relevance), Article 79: Mandatory fees or charges

Extent: E+W+S+N.I.

1. The competent authorities shall collect fees or charges for the official controls performed in relation to the activities referred to in Chapter II of Annex IV and on animals and goods referred to in points (a), (b) and (c) of Article 47(1), ... either;
(a) at the level of the cost calculated in accordance with Article 82(1); or
(b) at the amounts provided for in Annex IV.
2. The competent authorities shall collect fees or charges to recover the costs they incur in relation to:
(a) official controls performed on animals and goods referred to in points (d), (e) and (f) of Article 47(1);
(b) official controls performed at the request of the operator, to obtain the approval provided for in Article 10 of Regulation (EC) No 183/2005;
(c) official controls which were not originally planned, and which;
(i)have become necessary following the detection of a case of non-compliance by the same operator, during an official control performed in accordance with this Regulation; and
(ii)are performed to assess the extent and the impact of the case of non-compliance or to verify that the non-compliance has been remedied.
3. Notwithstanding paragraphs 1 and 2, competent authorities may decide to reduce the amount of, or waive, the fees or charges, after having had regard to any considerations that the competent authority considers to be relevant, including, but not limited to:
(a) the interests of operators with a low throughput;
(b) the traditional methods used for production, processing and distribution;
(c) the needs of operators located in regions subject to specific geographical constraints; and
(d) the operators’ record of compliance with the relevant rules referred to in Article 1(2) as ascertained through official controls.
4. Competent authorities may decide that fees and charges calculated in accordance with point (b) of Article 82(1) shall not be collected below the amount at which, taking into account the cost of collection and the overall income expected from the fees and charges, the collection of that fee or charge would be uneconomical.
5. This Article shall not apply to official controls performed to verify compliance with the rules referred to in points (i) and (j) of Article 1(2).

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Source: https://www.legislation.gov.uk/eur/2017/625/article/79 (the official version)
Page: https://openlegislation.uk/eu-regulation-2017-625/article-79
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.