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)
Date: 2006-05-24
Institutions: European Commission
Subjects: Community certification, European Aviation Safety Agency, budget financing

25.5.2006

EN

Official Journal of the European Union

L 137/3

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,

HAS ADOPTED THIS REGULATION:

Having regard to the Treaty
Community,

establishing the European

Article 1

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

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 Agency (1), 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 Agency (2), and in particular Article 6(5) thereof,

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

‘(g)

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

2. Article 12 is replaced by the following:

After consulting the Management Board of
Aviation Safety Agency,

the European

‘Article 12

Whereas:

(1)

(2)

(3)

(4)

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

the levels of

levies,

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.

therefore necessary to amend Regulation (EC)

is

It
No 488/2005 accordingly.

The measures provided for
in accordance with the opinion of
established
No 1592/2002,

by Article 54(1)

in this Regulation are
the Committee
(EC)

of Regulation

(1) 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).

(2) OJ L 81, 30.3.2005, p. 7.

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

1.
payable in euro.

The issue, maintenance or amendment of a certificate
2.
or an approval shall be subject to prior payment of the full
the fee due, unless agreed differently by the
amount of
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.

For all certification tasks which give rise to the
4.
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.

Fees for the maintenance of existing certificates and
5.
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.

L 137/4

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Official Journal of the European Union

25.5.2006

If, after a first check, the Agency decides not to accept
6.
an application, any fees already paid shall be returned to the
applicant, with the exception of an amount to cover the
administrative
application. That
amount shall be equivalent to the fixed fee D set out in
the Annex.

costs of handling the

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

Article 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.

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

25.5.2006

EN

Official Journal of the European Union

L 137/5

ANNEX

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

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

‘Product type

Comments

Fixed fee coefficient

CS-25

Large aeroplanes

significant

non-significant

non-significant of simple design

CS-23.A

Aircraft defined in CS-23 Article 1.a.2 (commuter aircraft)

significant

non-significant

CS-23.B

Aircraft defined in CS-23 Article 1.a.1 with MTOW of between 2 000 kg and
5 670 kg

significant

non-significant

CS-29

Large rotorcraft

CS-27

CS-E.T.A

significant

non-significant

Small rotorcraft

Turbine engines with take-off thrust equal to or greater than 25 000 N or
power output equal or greater than 2 000 kW

significant

non-significant

CS-E.T.B

Turbine engines with take-off thrust of less than 25 000 N or power output of
less than 2 000 kW

CS-E.NT

Non-turbine engines

CS-23.C

CS-22

CS-VLA

CS-VLR

CS-APU

CS-P.A

CS-P.B

CS-22.J

CS-22.H

Aircraft defined in CS-23 Article 1.a.1 with MTOW of less than 2 000 kg

Sailplanes and powered sailplanes

Very light aircraft

Very light rotorcraft

Auxiliary power unit

For use on aircraft certified to CS-25 (or equivalent)

For use on aircraft certified to CS-23, CS-VLA and CS-22 (or equivalent)

For use on aircraft certified to CS-22

Non-turbine engines

CS-balloons

Not yet available

CS-airships

Not yet available

—

5

4

2

—

5

4

—

3

2

—

4

4

0,5

—

1

1

0,5

0,2

1

0,2

0,2

0,2

0,25

0,25

0,15

0,15

0,15

0,2
0,5’

L 137/6

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Official Journal of the European Union

25.5.2006

3. Point (v) is amended as follows:

(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.’

(b) The first table is replaced by the following:

‘Product type (1)

CS-25 (large aero-
planes with MTOW
greater than
50 tonnes)

CS-25 (large aero-
planes with MTOW
between 22 tonnes
and 50 tonnes)

CS-25 (large aero-
planes with MTOW
of less than
22 tonnes)

CS-23.A

CS-23.B

CS-23.C

CS-22

CS-VLA

CS-29

CS-27

CS-VLR

CS-APU

CS-P.A

CS-P.B

CS-22.J

CS-E.T.A

CS-E.T.B

CS-E.NT

CS-22.H

CS-balloons

CS-airships

CS-34

CS-36

CS-AWO

Type Certificate for
design products origi-
nating in an EU Member
State
(EUR)

Type Certificate for
design products origi-
nating in a third
country
(EUR)

Restricted Type Certi-
ficate for design
products originating in
an EU Member State
(EUR)

Restricted Type Certi-
ficate for design
products originating in
a third country
(EUR)

480 000

160 000

30 000

10 000

200 000

66 000

12 500

4 167

100 000

33 000

6 250

2 083

12 000

2 000

1 000

450

450

75 000

20 000

1 000

800

1 500

400

150

90 000

15 000

1 000

200

300

500

0

0

0

4 000

667

333

150

150

25 000

6 667

333

267

500

133

100

30 000

5 000

333

100

100

167

0

0

0

3 000

500

250

112,50

112,50

6 250

5 000

250

200

375

100

100

7 500

3 750

250

100

100

125

0

0

0

1 000

167

100

100

100

2 083

1 667

100

100

125

100

100

2 500

1 250

100

100

100

100

0

0

0

(1) For freighter versions of an aircraft, a coefficient of 0,85 is applied to the fee for the equivalent passenger version.

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Official Journal of the European Union

L 137/7

Type of equipment

Authorisation 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)

CS-ETSO.B (Value of equipment between EUR 2 000 and
20 000)

CS-ETSO.C (Value of equipment below EUR 2 000)

2 000

1 000

500

666

333

200’

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 500 001

Between 500 001 and 700 000

Between 700 001 and 1 200 000

Between 1 200 001 and 2 800 000

Between 2 800 001 and 4 200 000

Between 4 200 001 and 5 000 000

Between 5 000 001 and 7 000 000

Between 7 000 001 and 9 800 000

Between 9 800 001 and 14 000 000

Between 14 000 001 and 50 000 000

Between 50 000 001 and 140 000 000

Between 140 000 001 and 250 000 000

Between 250 000 001 and 500 000 000

Between 500 000 001 and 750 000 000

Over 750 000 000

0,1

0,2

0,5

1

1,5

2,5

3

3,5

4,8

7

12,8

18

50

200
600’

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 500 001

Between 500 001 and 700 000

Between 700 001 and 1 400 000

Between 1 400 001 and 2 800 000

Between 2 800 001 and 5 000 000

Between 5 000 001 and 7 000 000

Between 7 000 001 and 14 000 000

Between 14 000 001 and 21 000 000

Between 21 000 001 and 42 000 000

Between 42 000 001 and 70 000 000

Between 70 000 001 and 84 000 000

Between 84 000 001 and 105 000 000

Over 105 000 000

0,5

0,75

1

1,75

2,5

4

6

8

8,5

9

9,5

10
10,5’

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Official Journal of the European Union

25.5.2006

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. 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 500 001

Between 500 001 and 700 000

Between 700 001 and 1 400 000

Between 1 400 001 and 2 800 000

Between 2 800 001 and 5 000 000

Between 5 000 001 and 7 000 000

Between 7 000 001 and 14 000 000

Between 14 000 001 and 21 000 000

Between 21 000 001 and 42 000 000

Between 42 000 001 and 84 000 000

Over 84 000 000

0,5

0,75

1

1,75

2,5

4

6

8

9,5

10
10,5’