On-going review
The external study 
carried out in 2008 on behalf of the Commission on inspection fees (Articles 26 to 29 of Regulation (EC) No 882/2004) concludes that there is a significant degree of variation in the enforcement of the financing provisions of the Regulation by the Member States and a significant lack of clarity and transparency of the various national fee systems as currently implemented. As a result, direct comparison of actual fee levels across the EU (and between sectors) is extremely difficult.
The study results also suggest that, due to the very broad definition of cost categories in Annex VI to the Regulation and to the reported lack of transparency of the calculation methods, it is quite unclear whether cost-based fees truly reflect actual costs incurred by the competent authorities of the Member States for the performance of the inspections for which the fees are collected.
In more general terms, the study investigated whether the main objective of the inspection fees system as in place at the moment has been reached, i.e. ensuring that Member States have sufficient financial resources to carry out the official controls (Article 26 of the Regulation). The study suggests that this main objective has largely not been fulfilled at present for the EU as a whole.
On the basis of the findings reported, the study assesses advantages and disadvantages of a range of policy options and compares possible alternatives to the current rules.
As working hypothesis, the study considers the two following extreme scenarios:
- "full subsidiarity", which would imply the repeal of most of the constraints laid down in the existing legal framework, as regards in particular the calculation of the fees and the scope of the mandatory fees; Member States would be free to decide on the best way to finance their official control services;
- "full harmonisation", with fees fixed at the same level across the whole European Union and for all the sectors concerned (identified by EU legislation).
The study then assesses advantages and disadvantages of intermediate scenarios, which result from the addition of mitigating elements to the two most radical options. The analysis is carried out in particular considering how the main components of a legislative framework on inspection fees would be characterised on a scale from "full subsidiarity" to "full harmonisation". Such main components are in particular:
- mandatory/non-mandatory nature of the fee
- harmonised/non-harmonised level of fee rates
- harmonised/non-harmonised fee calculation method
- harmonised /non-harmonised fee reductions and penalties for non-compliances
- list of activities covered by fees (scope of the system).
Consideration is also given to the possibility of maintaining the system as it stands but with some improvements to address, as far as possible, the reported shortcomings.
On 8/7/09 the Commission adopted a report (COM/334/2009/final) to the European Parliament and the Council on the state of implementation of Regulation (EC) no 882/2004 as required by Article 65 of the Regulation. With reference to the issue of inspection fees and on the basis of the study results, the Commission concludes there that the current system has to be reviewed in order to see if changes are needed.
The Commission will therefore carry out an impact assessment to evaluate the options available and the need to prepare a legislative proposal. This will include a consultation of Member States and other stakeholders.
Indicative timeline:
- to define the key issues for the planned impact assessment by the end of 2009 (with the support of two ad hoc working groups)
- to finalize the Impact Assessment by the end of 2010;
- to draft a legislative proposal, if needed, early in 2011 with a view of possible adoption in the course of 2011.
