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Commission Regulation (EC) No 779/2006 of 24 May 2006 amending Regulation (EC) No 488/2005 on the fees and charges levied by the European Aviation Safety Agency (Text with EEA relevance)

EU Regulation No 779/2006 · Adopted 24 May 2006 · Extends to United Kingdom

Original text. legislation.gov.uk does not revise this item, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Commission Regulation (EC) No 779/2006

of 24 May 2006

amending Regulation (EC) No 488/2005 on the fees and charges levied by the European Aviation Safety Agency

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Regulation (EC) No 1592/2002 of the European Parliament and of the Council of 15 July 2002 on common rules in the field of civil aviation and establishing a European Aviation Safety Agencyf1, and in particular Article 53(1) thereof,

Having regard to Commission Regulation (EC) No 488/2005 of 21 March 2005 on the fees and charges levied by the European Aviation Safety Agencyf2, and in particular Article 6(5) thereof,

After consulting the Management Board of the European Aviation Safety Agency,

Whereas:

(1)

To ensure the balance between overall expenditure incurred by the European Aviation Safety Agency in carrying out certification tasks and overall income from the fees it levies, the levels of these fees should be reviewed on the basis of the Agency’s financial results and forecasts.

(2)

Administrative processes related to the payment of the fees and implemented by the European Aviation Safety Agency and by the applicants should not slow down certification processes.

(3)

It is therefore necessary to amend Regulation (EC) No 488/2005 accordingly.

(4)

The measures provided for in this Regulation are in accordance with the opinion of the Committee established by Article 54(1) of Regulation (EC) No 1592/2002,

HAS ADOPTED THIS REGULATION:

Annotations to the whole text

Footnotes

f1

OJ L 240, 7.9.2002, p. 1. Regulation as last amended by Regulation (EC) No 1643/2003 (OJ L 245, 29.9.2003, p. 7).

f2

OJ L 81, 30.3.2005, p. 7.

Contents

  1. 1Article 1
  2. 2Article 2
  3. Signature
  4. Annex Annex

1

Regulation (EC) No 488/2005 is hereby amended as follows:

  1. 1..

    Article 2, point (g) is amended as follows:

    1. (g)

      ‘“indirect costs” means the share of the Agency’s general infrastructure, organisation and management costs attributable to the performance of certification tasks, other than direct and specific costs, including those resulting from development of part of the regulatory material;’

  2. 2..

    Article 12 is replaced by the following:

    ‘Article 12
    1.

    The fee shall be payable by the applicant. It shall be payable in euro.

    2.

    The issue, maintenance or amendment of a certificate or an approval shall be subject to prior payment of the full amount of the fee due, unless agreed differently by the Agency and the applicant. In the event of non-payment, the Agency may revoke the relevant certificate or approval after having given formal warning to the applicant.

    3.

    The scale of fees applied by the Agency, and the terms of payment, shall be communicated to applicants when they submit their applications.

    4.

    For all certification tasks which give rise to the payment of a variable part, the Agency may, on request, provide the applicant with an estimate. The estimate shall be amended by the Agency if it appears that the task is simpler or can be carried out faster than initially foreseen or, on the contrary, if it is more complex and takes longer to carry out than the Agency could reasonably have foreseen.

    5.

    Fees for the maintenance of existing certificates and approvals shall be payable in accordance with a timetable decided by the Agency and communicated to the holders of such certificates and approvals. The timetable shall be based on the inspections carried out by the Agency to check that such certificates and approvals are still valid.

    6.

    If, after a first check, the Agency decides not to accept an application, any fees already paid shall be returned to the applicant, with the exception of an amount to cover the administrative costs of handling the application. That amount shall be equivalent to the fixed fee D set out in the Annex.

    7.

    If a certification task has to be interrupted by the Agency because the applicant has insufficient resources or fails to comply with the applicable requirements, the balance of any fees due shall be payable in full at the time the Agency stops working.’

  3. 3..

    Points (i), (ii), (v), (vi), (x), (xii) and (xiii) of the Annex are amended in accordance with the Annex to this Regulation.

2

This Regulation shall enter into force on the day following its publication in the Official Journal of the European Union.

Annual fees referred to in the table set out in point 3 and surveillance fees referred to in the tables set out in points 4, 5 and 7 of the Annex shall apply as from the first annual instalment due after the entry into force of this Regulation.

Signature

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 24 May 2006.

For the Commission

Jacques Barrot

Vice-President

The Annex to Regulation (EC) No 488/2005 is amended as follows:

  1. 1..

    In the introductory part of point (i), the following fourth indent is added:

    • ‘Any service related to activities carried out by the Agency, directly or indirectly, for the purpose of issuing, maintaining or amending the certificates and approvals referred to in Article 15 of Regulation (EC) No 1592/2002 shall be charged in accordance with the provisions of Chapter II of this Regulation.’;

  2. 2..

    The table set out in point (ii) is replaced by the following:

    ‘

    Product typeCommentsFixed fee coefficient
    CS-25Large aeroplanes—
    significant5
    non-significant4
    non-significant of simple design2
    CS-23.AAircraft defined in CS-23 Article 1.a.2 (commuter aircraft)—
    significant5
    non-significant4
    CS-23.BAircraft defined in CS-23 Article 1.a.1 with MTOW of between 2 000 kg and 5 670 kg—
    significant3
    non-significant2
    CS-29Large rotorcraft—
    significant4
    non-significant4
    CS-27Small rotorcraft0,5
    CS-E.T.ATurbine engines with take-off thrust equal to or greater than 25 000 N or power output equal or greater than 2 000 kW—
    significant1
    non-significant1
    CS-E.T.BTurbine engines with take-off thrust of less than 25 000 N or power output of less than 2 000 kW0,5
    CS-E.NTNon-turbine engines0,2
    CS-23.CAircraft defined in CS-23 Article 1.a.1 with MTOW of less than 2 000 kg1
    CS-22Sailplanes and powered sailplanes0,2
    CS-VLAVery light aircraft0,2
    CS-VLRVery light rotorcraft0,2
    CS-APUAuxiliary power unit0,25
    CS-P.AFor use on aircraft certified to CS-25 (or equivalent)0,25
    CS-P.BFor use on aircraft certified to CS-23, CS-VLA and CS-22 (or equivalent)0,15
    CS-22.JFor use on aircraft certified to CS-220,15
    CS-22.HNon-turbine engines0,15
    CS-balloonsNot yet available0,2
    CS-airshipsNot yet available0,5

    ’

  3. 3..

    Point (v) is amended as follows:

    1. (a)

      in the introductory part, the first indent is replaced by the following:

      • ‘The annual fee is levied on all current holders of Agency Type Certificates, Restricted Type Certificates and ETSO Authorisations.’

    2. (b)

      The first table is replaced by the following:

      For freighter versions of an aircraft, a coefficient of 0,85 is applied to the fee for the equivalent passenger version.
      ‘Product typef1 Type Certificate for design products originating in an EU Member State(EUR)Type Certificate for design products originating in a third country(EUR)Restricted Type Certificate for design products originating in an EU Member State(EUR)Restricted Type Certificate for design products originating in a third country(EUR)
      CS-25 (large aeroplanes with MTOW greater than 50 tonnes)480 000160 00030 00010 000
      CS-25 (large aeroplanes with MTOW between 22 tonnes and 50 tonnes)200 00066 00012 5004 167
      CS-25 (large aeroplanes with MTOW of less than 22 tonnes)100 00033 0006 2502 083
      CS-23.A12 0004 0003 0001 000
      CS-23.B2 000667500167
      CS-23.C1 000333250100
      CS-22450150112,5100
      CS-VLA450150112,5100
      CS-2975 00025 0006 2502 083
      CS-2720 0006 6675 0001 667
      CS-VLR1 000333250100
      CS-APU800267200100
      CS-P.A1 500500375125
      CS-P.B400133100100
      CS-22.J150100100100
      CS-E.T.A90 00030 0007 5002 500
      CS-E.T.B15 0005 0003 7501 250
      CS-E.NT1 000333250100
      CS-22.H200100100100
      CS-balloons300100100100
      CS-airships500167125100
      CS-340000
      CS-360000
      CS-AWO0000
      Type of equipmentAuthorisation for EU Member State of design parts and appliances(EUR)Authorisation for third country of design parts and appliances(EUR)
      CS-ETSO.A (Value of equipment above EUR 20 000)2 000666
      CS-ETSO.B (Value of equipment between EUR 2 000 and 20 000)1 000333
      CS-ETSO.C (Value of equipment below EUR 2 000)500200’
  4. 4..

    The table set out in point (vi) is replaced by the following:

    ‘

    Fee category according to the value of activities subject to approval (EUR)Coefficient
    Less than 500 0010,1
    Between 500 001 and 700 0000,2
    Between 700 001 and 1 200 0000,5
    Between 1 200 001 and 2 800 0001
    Between 2 800 001 and 4 200 0001,5
    Between 4 200 001 and 5 000 0002,5
    Between 5 000 001 and 7 000 0003
    Between 7 000 001 and 9 800 0003,5
    Between 9 800 001 and 14 000 0004,8
    Between 14 000 001 and 50 000 0007
    Between 50 000 001 and 140 000 00012,8
    Between 140 000 001 and 250 000 00018
    Between 250 000 001 and 500 000 00050
    Between 500 000 001 and 750 000 000200
    Over 750 000 000600

    ’

  5. 5..

    The table set out in point (x) is replaced by the following:

    ‘

    Fee category according to the value of activities subject to approval (EUR)Coefficient
    Less than 500 0010,5
    Between 500 001 and 700 0000,75
    Between 700 001 and 1 400 0001
    Between 1 400 001 and 2 800 0001,75
    Between 2 800 001 and 5 000 0002,5
    Between 5 000 001 and 7 000 0004
    Between 7 000 001 and 14 000 0006
    Between 14 000 001 and 21 000 0008
    Between 21 000 001 and 42 000 0008,5
    Between 42 000 001 and 70 000 0009
    Between 70 000 001 and 84 000 0009,5
    Between 84 000 001 and 105 000 00010
    Over 105 000 00010,5

    ’

  6. 6..

    The title of point (xii) is amended as follows:

    ‘(xii)

    Fees for acceptance of approvals equivalent to “Part 145” and “Part 147” approvals in accordance with applicable bilateral agreements’;

  7. 7..

    The table set out in point (xiii) is replaced by the following:

    ‘

    Fee category according to the value of activities subject to approval (EUR)Coefficient
    Less than 500 0010,5
    Between 500 001 and 700 0000,75
    Between 700 001 and 1 400 0001
    Between 1 400 001 and 2 800 0001,75
    Between 2 800 001 and 5 000 0002,5
    Between 5 000 001 and 7 000 0004
    Between 7 000 001 and 14 000 0006
    Between 14 000 001 and 21 000 0008
    Between 21 000 001 and 42 000 0009,5
    Between 42 000 001 and 84 000 00010
    Over 84 000 00010,5

    ’