Commission Regulation (EC) No 1356/2008 of 23 December 2008 amending Regulation (EC) No 593/2007 on the fees and charges levied by the European Aviation Safety Agency (Text with EEA relevance)
Date: 2008-12-23
Institutions: European Commission
Subjects: Community certification, European Aviation Safety Agency, budget financing, income in addition to normal pay, management accounting, provision of services

L 350/46

EN

Official Journal of the European Union

30.12.2008

COMMISSION REGULATION (EC) No 1356/2008

of 23 December 2008

amending Regulation (EC) No 593/2007 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
Community,

establishing the European

Having regard to Regulation (EC) No 216/2008 of the European
Parliament and of
the Council of 20 February 2008 on
common rules in the field of civil aviation and establishing a
European Aviation Safety Agency, and repealing Council
Directive 91/670/EEC, Regulation (EC) No 1592/2002 and
Directive 2004/36/EC (1), and in particular Article 64(1) thereof,

After consulting the Management Board of
Aviation Safety Agency,

the European

Whereas:

(1)

(2)

to be paid by the

The rules for calculating the fees and charges laid down
in Commission Regulation (EC) No 593/2007 of 31 May
2007 on the fees and charges levied by the European
Aviation Safety Agency (2) have to be reviewed peri­
odically to ensure that
the fees and
the
charges
complexity of the task carried out by the Agency and
the actual workload involved. Future amendments to that
Regulation will fine tune those rules, also on the basis of
the data which will become available inside the European
‘the Agency’)
Aviation Safety Agency
following the implementation of its Enterprise Resource
Planning system.

the amount of
applicant

(hereinafter

reflects

for

third countries’ products.

Agreements referred to in Article 12(1) of Regulation
(EC) No 216/2008 should provide a basis
the
evaluation of the actual workload involved in the certifi­
the
cation of
process for validation by the Agency of certificates
issued by a third country with which the Community
has an appropriate agreement
is described in these
agreements and should result in a different workload
from the process required for certification activities by
the Agency.

In principle,

(3) While ensuring the balance between overall expenditure
incurred by the Agency in carrying out certification tasks
and overall income from the fees and charges it levies,
the rules for calculating the fees and charges have to
remain effective and fair towards all applicants. This
travel costs
must be true also for the calculation of
outside the territory of the Member States. The present
formula has to be refined to make sure that it refers
exclusively to the direct costs incurred for those travels.

(4)

(5)

(6)

(7)

The experience gained from the application of Regulation
(EC) No 593/2007 has shown that it is necessary to
specify when the Agency may invoice the fee due and
to set up the method to calculate the amount to be
refunded in case a certification task is
interrupted.
Similar rules have to be provided in case a certificate is
surrendered or suspended.

For technical reasons, changes should be introduced in
the Annex to Regulation (EC) No 593/2007 in order to
enhance some definitions or classifications.

Regulation (EC) No 593/2007 should therefore be
amended accordingly.

The measures provided for in this Regulation are in
accordance with the opinion of the Committee estab­
lished by Article 65 of Regulation (EC) No 216/2008,

HAS ADOPTED THIS REGULATION:

Regulation (EC) No 593/2007 is amended as follows:

Article 1

1. Article 6 is replaced by the following:

‘Article 6

Without prejudice to Article 4, where a certification task is
fully or in part, outside the territories of the
conducted,
Member States,
the fee invoiced to the applicant shall
include the corresponding travel costs outside those terri­
tories, according to the formula:

(1) OJ L 79, 19.3.2008, p. 1.
(2) OJ L 140, 1.6.2007, p. 3.

d = f + v + h – e

30.12.2008

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Official Journal of the European Union

L 350/47

where:

d = fee due

f = fee corresponding to the task carried out, as set out in

the Annex

v = travel costs

h = time spent by experts in the means of
invoiced at the hourly fee set out in Part II

transport,

e = average travel costs inside the territories of the Member
States, including the average time spent in the means of
transport inside the territories of the Member States
multiplied by the hourly fee set out in Part II.’

2. Article 8 is amended as follows:

(a) paragraph 2 is replaced by the following:

‘2.
The issue, maintenance or amendment of a certifi­
cate shall be subject to prior payment of the full amount
of the fee due, unless agreed differently between the
Agency and the applicant. The Agency may invoice the
fee in one instalment after having received the appli­
the annual or surveillance
cation or at
period. In the event of non-payment, the Agency may
refuse to issue or may revoke the relevant certificate after
having given formal warning to the applicant.’;

the start of

time. The relevant number of hours shall be invoiced at
the hourly fee set out in Part II of the Annex. When, on
demand of the applicant, the Agency starts again a certi­
fication task previously interrupted, this task shall be
charged as a new project.’;

(d) the following paragraphs 8 and 9 are added:

If

surrenders

the certificate holder

‘8.
the corre­
sponding certificate or the Agency revokes the certificate,
the balance of any fees due, calculated on an hourly basis
but not exceeding the applicable flat fee, shall be payable
in full at the time the surrender or revocation takes
that
together with any other amounts due at
place,
time. The relevant number of hours shall be invoiced
at the hourly fee set out in Part II of the Annex.

If the Agency suspends a certificate, the balance of
9.
any fees due, calculated on a pro-rata temporis basis
shall be payable in full at the time of the suspension,
together with any other amounts due at that time. If the
certificate is subsequently re-instated, a new period of
twelve months shall start on the date of re-instatement.’

3. In Article 12, the fifth paragraph is deleted.

4. In Article 14, paragraph 3 is deleted.

5. The Annex is amended in accordance with the Annex to this

Regulation

(b) paragraph 3 is deleted;

Article 2

(c) paragraph 7 is replaced by the following:

This Regulation shall enter into force on 1 January 2009.

‘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, or
because the applicant decides to abandon its application
or to postpone its project, the balance of any fees due,
calculated on an hourly basis for the ongoing period of
twelve months but not exceeding the applicable flat fee,
shall be payable in full at the time the Agency stops
working, together with any other amounts due at that

It shall apply subject to the following conditions:

(a)

the fees shown in Tables 1 to 5 of Part I of the Annex shall
apply to any application for certification task received after
1 January 2009;

(b) the fees shown in Table 6 of Part I of the Annex shall apply

to the annual fees levied after 1 January 2009.

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

Done at Brussels, 23 December 2008.

For the Commission

Antonio TAJANI
Vice-President

L 350/48

EN

Official Journal of the European Union

30.12.2008

ANNEX

The Annex to Regulation (EC) No 593/2007 is amended as follows:

(1) Explanatory note 7 is replaced by the following:

‘(7)

“Derivative” means an amended Type Certificate as defined and applied for by the Type Certificate Holder.’

(2) Explanatory note 9 is replaced by the following:

‘(9)

In Tables 3 and 4 of Part I, “Simple”, “Standard” and “Complex” refer to the following:

Simple

Standard

Complex

All other STC, major
design changes or repairs

Significant (*) STC or
major design change

EASA Supplemental Type
Certificate (STC)
EASA major design
changes
EASA major repairs

STC, major design
change, or repair, only
involving current and
well-proven justification
methods, for which a
complete set of data
(description, compliance
check-list and compliance
documents) can be
communicated at time of
application, and for
which the applicant has
demonstrated experience,
and which can be
assessed by the project
certification manager
alone, or with a limited
involvement of a single
discipline specialist

Validated STC under a
bilateral arrangement

Basic (**)

Non-basic (**)

Validated major design
change under a bilateral
arrangement

Level 2 (**) major design
changes when not auto­
matically accepted (***).

Level 1 (**)

Non-basic STC (**) when
the Certificating
Authority (**) has classified
the change as
“significant” (*)

Level 1 (**) major design
change when the Certifi­
cating Authority (**) has
classified the change as
“significant” (*)

Validated major repair
under a bilateral
arrangement

N/A
(automatic acceptance)

Repairs on critical
component (**)

N/A

(*) “Significant” is defined in paragraph 21A.101 (b) of the Annex to Regulation (EC) No 1702/2003.
(**) For the definitions of “basic”, “non-basic”, “level 1”, “level 2”, “critical component” and “Certificating Authority”, see the

applicable bilateral agreement under which the validation takes place.

(***) Automatic acceptance criteria by EASA for level 2 major changes are defined in EASA Executive Director Decision

2004/04/CF, or in the applicable bilateral agreement under which the validation takes place.’

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Official Journal of the European Union

L 350/49

(3) In Part I, tables 1 to 6 are replaced by the following:

‘Table 1: Type Certificates and Restricted Type Certificates (referred to in subpart B and subpart O of the Annex to Regulation
(EC) No 1702/2003 (1))

Fixed wing aircraft

Over 150 000 kg

Over 50 000 kg up to 150 000 kg

Over 22 000 kg up to 50 000 kg

Over 5 700 kg up to 22 000 kg

Over 2 000 kg up to 5 700 kg

Up to 2 000 kg

Very Light Aeroplanes, Powered Sailplanes, Sailplanes

Rotorcraft

Large

Medium

Small

Other

Balloons

Propulsion

(EUR)

Flat fee

2 600 000

1 330 000

1 060 000

410 000

227 000

12 000

6 000

525 000

265 000

20 000

6 000

Turbine engines with take-off thrust over 25 KN or take-off power output over 2 000 kW

365 000

Turbine engines with take-off thrust up to 25 KN or take-off power output up to 2 000 kW

185 000

Non turbine engines

Non turbine engines CS 22 H, CS VLR App. B

Propeller for use on aircraft over 5 700 kg MTOW

Propeller for use on aircraft up to 5 700 kg MTOW

Parts

Value above EUR 20 000

Value between EUR 2 000 and 20 000

Value below EUR 2 000

___________
(1) OJ L 243, 27.9.2003, p. 6.

30 000

15 000

10 250

2 925

2 000

1 000

500

L 350/50

EN

Official Journal of the European Union

30.12.2008

Table 2: Derivatives to Type certificates or Restricted Type Certificates

Fixed wing aircraft

Over 150 000 kg

Over 50 000 kg up to 150 000 kg

Over 22 000 kg up to 50 000 kg

Over 5 700 kg up to 22 000 kg

Over 2 000 kg up to 5 700 kg

Up to 2 000 kg

Very Light Aeroplanes, Powered Sailplanes, Sailplanes

Rotorcraft

Large

Medium

Small

Other

Balloons

Propulsion

(EUR)

Flat fee (1)

1 000 000

500 000

400 000

160 000

80 000

2 800

2 400

200 000

100 000

6 000

2 400

Turbine engines with take-off thrust over 25 KN or take-off power output over 2 000 kW

100 000

Turbine engines with take-off thrust up to 25 KN or take-off power output up to 2 000 kW

50 000

Non turbine engines

Non turbine engines CS 22 H, CS VLR App. B

Propeller for use on aircraft over 5 700 kg MTOW

Propeller for use on aircraft up to 5 700 kg MTOW

Parts

Value above EUR 20 000

Value between EUR 2 000 and 20 000

Value below EUR 2 000

10 000

5 000

2 500

770

1 000

600

350

(1) For Derivatives involving Substantial Changes(s) to the Type Design, as described in Subpart B of the Annex to Regulation (EC) No

1702/2003, the respective Type Certificate or Restricted Type Certificate fee, as defined in Table 1, shall apply.

30.12.2008

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Official Journal of the European Union

L 350/51

Table 3: Supplemental Type Certificates (referred to in subpart E of the Annex to Regulation (EC) No 1702/2003)

Fixed wing aircraft

Over 150 000 kg

(EUR)

Flat fee (1)

Complex

Standard

Simple

25 000

6 000

3 000

Over 50 000 kg up to 150 000 kg

13 000

5 000

2 500

Over 22 000 kg up to 50 000 kg

8 500

3 750

1 875

Over 5 700 kg up to 22 000 kg

5 500

2 500

1 250

Over 2 000 kg up to 5 700 kg

3 800

1 750

Up to 2 000 kg

1 600

1 000

Very Light Aeroplanes, Powered Sailplanes, Sailplanes

250

250

875

500

250

Rotorcraft

Large

Medium

Small

Other

Balloons

Propulsion

11 000

4 000

2 000

5 000

2 000

1 000

900

400

250

800

400

250

Turbine engines with take-off thrust over 25 KN or take-off
power output over 2 000 kW

12 000

5 000

2 500

Turbine engines with take-off thrust up to 25 KN or take-off
power output up to 2 000 kW

5 800

2 500

1 250

Non turbine engines

2 800

1 250

Non turbine engines CS 22 H, CS VLR App. B

1 400

625

Propeller for use on aircraft over 5 700 kg MTOW

2 000

1 000

Propeller for use on aircraft up to 5 700 kg MTOW

1 500

750

625

300

500

375

(1) For Supplemental Type Certificates involving Substantial Changes (s) as defined in Subpart B of the Annex to Regulation (EC) No

1702/2003, the respective Type Certificate or Restricted Type Certificate fee, as defined in Table 1, shall apply.

L 350/52

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Official Journal of the European Union

30.12.2008

Table 4: Major changes and major repairs (referred to in subparts D and M of the Annex to Regulation (EC) No 1702/2003)

Fixed wing aircraft

Over 150 000 kg

(EUR)

Flat fee (1) (2)

Complex

Standard

Simple

20 000

6 000

3 000

Over 50 000 kg up to 150 000 kg

9 000

4 000

2 000

Over 22 000 kg up to 50 000 kg

6 500

3 000

1 500

Over 5 700 kg up to 22 000 kg

4 500

2 000

1 000

Over 2 000 kg up to 5 700 kg

3 000

1 400

Up to 2 000 kg

Very Light Aeroplanes, Powered Sailplanes, Sailplanes

1 100

250

500

250

700

250

250

Rotorcraft

Large

Medium

Small

Other

Balloons

Propulsion

10 000

4 000

2 000

4 500

2 000

1 000

850

400

250

850

400

250

Turbine engines with take-off thrust over 25 KN or take-off
power output over 2 000 kW

5 000

2 000

1 000

Turbine engines with take-off thrust up to 25 KN or take-off
power output up to 2 000 kW

2 500

1 000

Non turbine engines

Non turbine engines CS 22 H, CS VLR App. B

Propeller for use on aircraft over 5 700 kg MTOW

Propeller for use on aircraft up to 5 700 kg MTOW

1 300

600

250

250

600

300

250

250

500

300

250

250

250

(1) For significant Major Changes,

involving Substantial Change(s) as defined in Subpart B of the Annex to Regulation (EC) No

1702/2003, the respective Type Certificate or Restricted Type Certificate fee, as defined in Table 1, shall apply.

(2) Changes and repairs on Auxiliary Power Unit (APU) shall be charged as changes and repairs on engines of the same power rating.

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Official Journal of the European Union

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Table 5: Minor changes and minor repairs (referred to in subparts D and M of the Annex to Regulation (EC) No 1702/2003)

(EUR)

Flat fee (1) (2)

Fixed wing aircraft

Over 150 000 kg

Over 50 000 kg up to 150 000 kg

Over 22 000 kg up to 50 000 kg

Over 5 700 kg up to 22 000 kg

Over 2 000 kg up to 5 700 kg

Up to 2 000 kg

Very Light Aeroplanes, Powered Sailplanes, Sailplanes

Rotorcraft

Large

Medium

Small

Other

Balloons

Propulsion

Turbine engines

Non turbine engines

Propeller

500

500

500

500

250

250

250

500

500

250

250

500

250

250

(1) The fees set out in this Table shall not apply to minor Changes and Repairs carried out by Design Organisations in accordance

with Part 21A.263(c)(2) of Subpart J of the Annex to Regulation (EC) No 1702/2003.

(2) Changes and repairs on Auxiliary Power Units (APU) shall be charged as changes and repairs to engines of the same power rating.

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Official Journal of the European Union

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Table 6: Annual fee for holders of EASA Type Certificates and Restricted Type Certificates and other Type Certificates deemed to
be accepted under Regulation (EC) No 1592/2002

Fixed wing aircraft

Over 150 000 kg

Over 50 000 kg up to 150 000 kg

Over 22 000 kg up to 50 000 kg

Over 5 700 kg up to 22 000 kg

Over 2 000 kg up to 5 700 kg

Up to 2 000 kg

Very Light Aeroplanes, Powered Sailplanes, Sailplanes

Rotorcraft

Large

Medium

Small

Other

Balloons

Propulsion

(EUR)

Flat fee (1) (2) (3)

EU Design

Non EU Design

270 000

150 000

80 000

17 000

4 000

2 000

900

65 000

30 000

3 000

90 000

50 000

27 000

5 700

1 400

670

300

21 700

10 000

1 000

900

300

Turbine engines with take-off thrust over 25 KN or take-off power output over
2 000 kW

40 000

13 000

Turbine engines with take-off thrust up to 25 KN or take-off power output up to
2 000 kW

6 000

2 000

Non turbine engines

Non turbine engines CS 22 H, CS VLR App. B

Propeller for use on aircraft over 5 700 kg MTOW

Parts

Value above EUR 20 000

Value between EUR 2 000 and 20 000

Value below EUR 2 000

1 000

500

750

2 000

1 000

500

350

250

250

700

350

250

(1) For freighter versions of an aircraft having their own type certificate, a coefficient of 0,85 is applied to the fee for the equivalent

passenger version.

(2) For holders of multiple Type Certificates and/or multiple Restricted Type Certificates, a reduction to the annual fee is applied to the
second and subsequent Type Certificates, or Restricted Type Certificates, in the same product category as shown in the following
table:

Product in identical category

1st
2nd
3rd
4th
5th
6th
7th
8th
9th
10th
11th and subsequent products

Reduction applied to flat fee

0 %
10 %
20 %
30 %
40 %
50 %
60 %
70 %
80 %
90 %
100 %

(3) For aircraft of which less than 50 examples are registered worldwide, continued airworthiness activities shall be charged on an
hourly basis, at the hourly fee set out in Part II of the Annex, up to the level of the fee for the relevant aircraft product category.
For products, parts and appliances which are not aircraft, the limitation concerns the number of aircraft on which the product, part
or appliance in question is installed.’

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Official Journal of the European Union

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(4) In Part II, point 2 is replaced by the following:

‘2. Hourly basis according to the tasks concerned:

Demonstration of design capability by means of alternative procedures

Actual number of hours

Production without approval

Actual number of hours

Alternative Methods of Compliance to AD's

Actual number of hours

Validation support (acceptance of EASA certificates by foreign authorities) Actual number of hours

Technical assistance requested by foreign authorities

Actual number of hours

EASA acceptance of MRB reports

Actual number of hours

Transfer of certificates

Actual number of hours

Approval of flight conditions for Permit to fly

Administrative re-issuance of documents

Export certificate of airworthiness (E-CoA) for CS 25 aircraft

Export certificate of airworthiness (E-CoA) for other aircraft

3 hours

1 hour

6 hours

2 hours’