Subject matter
Article 1
This Regulation sets out the matters for which fees and charges are due to the Agency, the amount of the fees and charges and the way in which they are to be paid.
Commission Implementing Regulation (EU) 2025/2347 CHAPTER I — GENERAL PROVISIONS
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Definitions
Article 2
For the purposes of this Regulation, the following definitions shall apply: (1) ‘fees’ means the amounts levied by the Agency and payable by applicants for certification tasks; (2) ‘charges’ means the amounts levied by the Agency for services provided other than certification tasks; (3) ‘certification task’ means any activity carried out by the Agency directly or indirectly for the purposes of issuing, maintaining or amending certificates and registering, maintaining and amending declarations pursuant to Regulation (EU) 2018/1139 [and the delegated and implementing acts adopted on the basis of that Regulation]; (4) ‘service’ means any activity carried out by the Agency other than certification tasks, including the supply of goods or provision of technical advice; (5) ‘applicant’ means any natural or legal person that requests a certification task or a service provided by the Agency; (6) ‘billing cycle’ means the 12-month period applied to multiannual projects and to surveillance tasks, which starts: (a) for fees and charges listed in Part I, Tables 1 to 6, of the Annex, on the date on which the application is received; (b) for authorisation fees listed in Part I,Table 7A, of the Annex, on the date on which the application is received; (c) for monitoring fees listed in Part I, Table 7A, of the Annex, on the date on which the certificate is issued; (d) for fees listed in Part I, Table 8, of the Annex, on 1 June following the issuance of the certificate; (e) for approval fees listed in Part I, Tables 9A to 22, of the Annex, on the date on which the application is received; (f) for surveillance fees listed in Part I, Tables 9A to 22, of the Annex, on the date on which the certificate is issued; (g) for transfer preparation fees listed in Part I, Tables 16A, 17A, 19A and 20A; of the Annex, on the date on which the certificate is issued; (h) for issuance charge listed in Part I, Table 23, of the Annex, on the date on which the application is received; (i) for renewal charge listed in Part I, Table 23, of the Annex, on 1 February following the issuance of the certificate; (j) for subscription charges listed in Part I, Table 24, of the Annex, on the date on which access to the platform is granted; (k) for applications subject to deferred initiation as referred to in Article 10(4) on the date on which the Agency initiates the performance of the tasks associated with that application; (7) ‘certification specification’ or ‘CS’ means a certification specification adopted pursuant to Article 76(3) of Regulation (EU) 2018/1139 and published on the Agency’s website. (8) ‘VTOL’ means rotorcraft or any other heavier-than-air aircraft that has the capability of vertical take-off and/or vertical landing; (9) ‘HTOL’ means any heavier-than-air aircraft that is not a VTOL; (10) ‘VTOL Large’ means CS-29 and CS-27 CAT A rotorcraft; (11) ‘VTOL Small’ means CS-27 rotorcraft with maximum take-off weight (MTOW) below 3 175 kg and limited to 4 seats, excluding pilot; (12) ‘VTOL Medium’ means other CS-27 rotorcraft; (13) ‘VTOL Very Light’ means rotorcraft of simple design with MTOW below 600 kg, limited to 2 seats including pilot, not powered by turbine and/or rocket engines and restricted to VFR day operations; (14) ‘rotorcraft’ means power-driven, heavier-than-air aircraft that depend principally for their support in flight on the lift generated by up to two rotors; (15) ‘VTOL-capable aircraft’ or ‘VCA’ means power-driven, heavier-than-air aircraft, other than aeroplane or rotorcraft, capable of performing vertical take-off and landing by means of lift and thrust units used to provide lift during take-off and landing; (16) ‘high-performance aircraft in the weight category up to 5 700 kg’ means aeroplanes that have an MMO (Maximum Operating Mach number) greater than 0,6 and/or a maximum operating altitude above 25 000 ft; (17) ‘airships small’ means: (a) all hot-air airships independent of their size; (b) gas airships up to a volume of 2 000 m 3 ; (18) ‘airships medium’ means gas airships with a volume between 2 000 m 3 and 20 000 m 3 ; (19) ‘airships large’ means gas airships with a volume of more than 20 000 m 3 .
Determination of fees and charges
Article 3
1. The fees and charges shall be demanded and levied by the Agency only in accordance with this Regulation. 2. Unless otherwise provided for in this Regulation, fees and charges shall be calculated at the hourly rate indicated in Part II of the Annex. 3. Member States shall not levy fees for the tasks conducted by the Agency, even if they carry out those tasks on behalf of the Agency. The Agency shall reimburse Member States for the tasks they carry out on its behalf. 4. Fees and charges shall be denominated and payable in euros. 5. The amounts referred to in Parts I, II and IIa of the Annex shall be indexed, with effect on 1 January each year, to the inflation rate in accordance with the method set out in Part IV of the Annex. 6. By way of derogation from the fees referred to in the Annex, fees for certification tasks performed in the context of a bilateral agreement between the Union and a third country may be subject to dedicated provisions stipulated in the respective bilateral agreement.
Payment of fees or charges
Article 4
1. The Agency shall establish the terms of payment of fees and charges, outlining under which conditions the Agency charges for certification tasks and services. The Agency shall publish the terms on its website. 2. The applicant shall pay the amount due in full, within 30 calendar days from the date on which the invoice is notified to the applicant. 3. Where the Agency has not received payment of an invoice within the time period referred to in paragraph 2, the Agency may charge interest for each calendar day of delay. 4. The interest rate shall be the rate applied by the European Central Bank to its principal refinancing operations, as published in the C series of the Official Journal of the European Union , in force on the first calendar day of the month in which the due date falls, increased by eight percentage points.
Rejection or termination for financial reasons
Article 5
1. The Agency may: (a) reject an application if the fees or charges due have not been received upon the expiry of the time period provided for in Article 4(2); (b) reject or terminate an application where there is evidence that the applicant’s financial ability is at risk, unless the applicant provides a bank guarantee or secured deposit; (c) reject or terminate an application in the cases referred to in Article 8(4), second subparagraph; (d) reject a request for the transfer of a certificate or a request for change of ownership, where payment obligations arising out of certification tasks performed or services provided by the Agency have not been fulfilled. 2. Before proceeding in accordance with paragraph 1, the Agency shall consult the applicant on the Agency’s intended measure. 3. The Agency may provide for other grounds for rejecting or terminating an application in its rules of procedure, including but not limited to: (a) failure of the applicant to comply with applicable requirements set out in Regulation (EU) 2018/1139 and in the delegated and implementing acts adopted on the basis thereof; (b) a lack of resources within the applicant`s structure to ensure that all activities of the organisation can be carried out in accordance with Regulation (EU) 2018/1139 and its delegated and implementing acts.
Travel expenses
Article 6
Travel expenses incurred in the context of the certification tasks and provision of the services shall be charged exclusively in accordance with Part VI of the Annex.
Financial estimate
Article 7
1. Upon request by an applicant, and subject to paragraph 2, the Agency shall provide a financial estimate of fees or charges to be paid by the applicant. 2. Where the financial estimate referred to in paragraph 1 requires a prior technical analysis by the Agency due to the expected complexity of the project, the analysis shall be charged on an hourly basis, under an agreement to be signed between the applicant and the Agency. 3. Upon the applicant’s request, Agency activities shall be suspended until the financial estimate referred to in paragraph 1 has been provided by the Agency and accepted by the applicant. 4. The financial estimate referred to in paragraph 1 shall be amended by the Agency in any of the following situations: (a) the task is simpler or can be carried out faster than initially foreseen; (b) the task is more complex and takes longer to carry out than the Agency could reasonably have foreseen.
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