Commission Regulation (EC) No 103/2007 of 2 February 2007 on the extension of the transitional period referred to in Article 53(4) of Regulation (EC) No 1592/2002 of the European Parliament and of the Council (Text with EEA relevance )
Date: 2007-02-02
Institutions: European Commission
Subjects: European Aviation Safety Agency, air safety, approximation of laws, civil aviation, management accounting, operation of the Institutions, provision of services

L 28/8

EN

Official Journal of the European Union

3.2.2007

COMMISSION REGULATION (EC) No 103/2007

of 2 February 2007

on the extension of the transitional period referred to in Article 53(4) of Regulation (EC)

No 1592/2002 of the European Parliament and of the Council

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

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(4) thereof,

Whereas:

(1)

(2)

Article 53(3) of Regulation (EC) No 1592/2002 lays
the European Aviation Safety Agency
down that
(EASA) shall
the issuing and
fees for
levy, notably,
renewal of certificates, as well as the related continuing
oversight functions. According to Article 48(1)(b) of the
same Regulation, these fees are paid by applicants for,
and holders of,
issued, maintained or
amended by the Agency.

certificates

Pursuant to Article 53(4), expenditure incurred by the
Agency in carrying out certification tasks and overall
income from the fees it
levies shall be in balance.
However, the provisions of the same paragraph permit
also to use the annual financial contribution from the
Community to the Agency to cover certification costs,
during a transitional period ending on 31 December
2006. This period can be extended by the Commission
for one more year, if necessary.

(3)

Commission Regulation (EC) No 488/2005 (2) which
determines the amounts of the fees to be paid, and the

(1) OJ L 240, 7.9.2002, p. 1. Regulation as

(EC) No 1701/2003 (OJ

last amended by
L 243,

Commission Regulation
27.9.2003, p. 5).

(2) OJ L 81, 30.3.2005, p. 7. Regulation as amended by Regulation (EC)

No 779/2006 (OJ L 137, 25.5.2006, p. 3).

way in which they are to be paid, entered into force on 1
June 2005. From that time, the Agency levies fees for
certification tasks. However,
fees revenue is not yet
sufficient to fully cover certification costs borne by the
Agency. Consequently, the latter has still to allocate part
of the Community contribution to the cover of these
costs,
in accordance with the relevant provisions of
Article 53(4).

(4)

(5)

Even if the cover of certification costs by fees revenue is
improving,
raising from circa 60 % in 2005 to an
expected 70 % in 2006, experience shows that it takes
time to set up an efficient fees mechanism. At this stage,
it would not be wise to guarantee that these costs and
revenue will be in balance in 2007.

To avoid possible deficit regarding certification activities,
that would prevent the Agency performing its tasks, it is
the relevant provisions of
necessary to make use of
Article 53(4) of Regulation (EC) No 1592/2002 to
extend the transitional period during which, if need be,
part of the Community contribution can be used by the
Agency to cover certification costs.

(6)

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

HAS ADOPTED THIS REGULATION:

Article 1

The transitional period referred to in Article 53(4) of Regulation
(EC) No 1592/2002 is extended until 31 December 2007.

Article 2

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

3.2.2007

EN

Official Journal of the European Union

L 28/9

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

Done at Brussels, 2 February 2007.

For the Commission

Jacques BARROT
Vice-President