Fee for a change notification regarding the BBS/PL?

Some state fee schedules also provide for fees for mere notifications. For example, tariff item 27-27.2.6 for genetic engineering law matters in the state of North Rhine-Westphalia provides for fees in the case of notification of a change of facility (Section 9 (4a) GenTG), notification of a change to the PL or BBS (Section 21 (1) GenTG), and notification of cessation of operations (Section 21 (1b) GenTG). For notification of a change to the PL or BBS, these fees range from €75 to €400. Operators of genetic engineering facilities question this because a notification is a unilateral declaration of intent that requires receipt and, in practice, is assumed not to trigger a decision by the authority. Such a decision by the authority is not provided for by law, as the wording "notification" already indicates. Therefore, a mere unilateral notification lacks an administrative activity that could trigger a fee. By definition, a fee is "the remuneration to be paid by an economic entity for a service used," in this case, the administration. Such a service is not provided for in the case of a mere notification. Typically, only administrative fees are charged, which in any case require an official action (approval, certificate, permit, identification, authentication, objection or prohibition, notice, etc.) by an authority. Therefore, if the authority notifies something of its own, an administrative fee is conceivable, at least if the notification has a legal basis (authorization basis). However, such notification by the authority is not provided for in the cases of notification of a change to the PL or the BBS (Section 21 (1) GenTG) and notification of a change of facility (Section 9 (4a) GenTG). Some state fee regulations therefore expressly stipulate that the mere receipt of a notification (communication or report) and its review do not constitute official acts, and therefore no fees can be charged for this (1.1.4 Announcement of the Bavarian State Ministry of the Interior dated January 20, 1999, AZ IB 3-1052-4 (AllMBL. p. 135). Although the GenTG is uniformly applicable as a federal law, the state regulations on the costs of notifications are somewhat inconsistent and thus assign the review of fees to the operators. This largely played no role for research institutions as long as Section 24 GenTG was in force, but has become relevant since Section 24 GenTG was repealed.