General provisions as regards payment of fees
1. Performance of certification tasks shall be subject to prior payment of the full amount of the fee due, unless the Agency decides otherwise after due consideration of the financial risks involved. The Agency may invoice the fee in one instalment after having received the application or at the start of the annual or surveillance period.
2. The fee to be paid by the applicant for a given certification task shall consist of one of the following:
(a)
a flat fee as set out in Part I of the Annex;
(b)
a variable fee.
3. The variable fee referred to in paragraph 2, point (b), shall be established by multiplying the actual number of working hours by the hourly rate set out in Part II of the Annex.
4. Where justified by technical circumstances relevant to the fees and subject to the agreement of the applicant, the Agency may:
(a)
reclassify an application within the categories identified in the Annex;
(b)
reclassify several applications as a single application, provided that those applications concern the same type design and that they pertain to one or more of the following, in any combination:
(i)
major changes;
(ii)
major repairs;
(iii)
supplemental type certificates.
Where the applicant does not agree to the reclassification proposed, the Agency may reject or terminate the application or applications concerned.
Billing periods
1. Fees referred to in Part I, Tables 1, 2, and 3, of the Annex shall be levied per application and per billing cycle. For the period after the first billing cycle, the fees shall be 1/365th of the relevant annual fee per day.
2. Fees referred to in Part I, Table 4, of the Annex shall be levied per application.
3. Fees referred to in Part I, Table 7A, of the Annex shall be levied as follows:
(a)
authorisation fees and one-off notification fees, per application;
(b)
monitoring fees, per billing cycle.
4. Fees referred to in Part I, Table 8, of the Annex shall be levied per billing cycle.
5. Approval fees referred to in Part I, Table 9A, of the Annex shall be levied per application and per billing cycle.
For the period after the billing cycle, the approval fees shall be 1/365th of the relevant annual fee per day.
6. Surveillance fees referred to in Part I, Table 9A, of the Annex shall be levied per billing cycle.
7. Significant changes approval fees referred to in Part I, Table 9A, of the Annex shall be leviedper application.
8. Fees referred to in Part I, Tables 9B to 14 and Tables 16A to 22, of the Annex shall be levied as follows:
(a)
approval fees, per application;
(b)
surveillance fees, per billing cycle;
(c)
transfer preparation fees, per certificate.
9. For the purpose of the fees referred to in Part I, Tables 9A to 14 and Tables 16A to 22, of the Annex, any change to an organisation that affects its approval shall have the effect of a recalculation of the surveillance fee due as of the next billing cycle following the approval of the change.
10. The fees referred to in Part I, Table 8, of the Annex shall, for the period between the date of issuance of the certificate and the start of the first billing cycle thereafter, be calculated pro-rata temporis .
11. Where the reclassification of an application leads to a change of the applicable fees, the fees shall be recalculated as follows:
(a)
for fees levied per application, as of the date of receipt of the application;
(b)
for fees levied per application and per billing cycle, as of the current billing cycle and onwards;
(c)
where the Agency reclassifies several applications as a single application in accordance with Article 8(4), point (b), as of the date considered relevant for the reclassification.
12. The fees referred to in Part I, Tables 7B and 15, of the Annex shall be levied in accordance with the billing periods specified in the respective Tables.
Rejection of applications, termination and interruption of the performance of tasks related to applications
1. Where an application is rejected, or the performance of a task related to an application is terminated or interrupted, the applicable fees together with the related travel expenses and any other amounts due shall be payable in full at the time the Agency stops performing the task, taking into account the adjustments set out in paragraphs 2 and 3.
2. Where an application is rejected or the performance of a task related to an application is terminated, the balance of any fees due shall be calculated as follows:
(a)
for fees referred to in Part I, Tables 1, 2 and 3 and approval fees referred to in Table 9A, of the Annex, levied per application and per billing cycle, the balance of any fees due for the ongoing billing cycle shall be 1/365th of the relevant annual fee per day, while for the periods preceding the ongoing billing cycle, the applicable fees shall remain due;
(b)
for fees referred to in Part 1, Tables 4, 15 and 19D, of the Annex and for fixed fees referred to in Part II of the Annex, levied per application, the balance of any fees due shall be 50 % of the applicable fee;
(c)
for fees referred to in Part 1, Tables 9B to 22, of the Annex, levied per application, the balance of any fees due shall be calculated on an hourly basis but shall not exceed the applicable flat fee;
(d)
for fees referred to in Part II of the Annex, levied on an hourly basis, the balance of any fees due shall be calculated on an hourly basis;
(e)
for any fees not referred to in points (a) to (d), the balance due shall be calculated on an hourly basis, unless otherwise agreed between the applicant and the Agency.
3. Where an interruption of the performance of a task related to an application takes effect within the first billing cycle, the fees for that billing cycle shall not be reimbursed. Where such interruption takes effect after the first billing cycle, the balance of any fees due shall be calculated in accordance with the criteria set out in paragraph 2, point (a). Where, following an interruption of performance of a task related to an application, the Agency resumes the performance of that task, automatically after the expiry of the interruption period chosen by the applicant or earlier on demand of the applicant, the Agency shall levy a new fee, irrespective of the fees already paid for the interrupted task. The new fees shall be 1/365th of the relevant annual fee per day.
4. The Agency may temporarily defer the initiation of the evaluation and processing of a new application where an exceptional and temporary increase in concurrent certification tasks and services, combined with a reduction in operational capacity, necessitates such deferal.
5. The Agency shall establish and maintain a fair, transparent and non-discriminatory procedure governing the conditions under which an application may be subject to the deferred initiation referred to in paragraph 4. The decision to defer initiation shall be based, in particular, on an assessment of the following factors:
(a)
resource availability;
(b)
estimated workload and duration;
(c)
impact on other ongoing activities;
(d)
safety relevance of the application.
The Agency shall without undue delay notify the applicant of the decision to defer initiation, including the reasons for the deferral and, where possible, an estimated timeline for the initiation of the evaluation and processing of the application.
6. Fees related to the application affected by the deferred initiation referred to in paragraph 4 shall be invoiced and become effective as of the date on which the Agency initiates the performance of the tasks associated with that application.
7. For the purposes of this Chapter:
(a)
termination of performance of a task upon request of the applicant shall be deemed to take effect on the date of receipt of the request;
(b)
termination of performance of a task on initiative of the Agency shall be deemed to take effect on the date when the decision on the termination is communicated to the applicant;
(c)
interruption of performance of a task upon request of the applicant shall be deemed to take effect on the date indicated by the applicant but not earlier than the date when the request is received by the Agency.
8. Fees paid for a task related to an application, for which performance of tasks has been terminated, shall not be taken into account for any subsequent task, even if that task is of the same nature as the terminated task.
Suspension or revocation of certificates and deregistration of declarations
1. If the outstanding fees have not been received upon the expiry of the time period provided for in Article 4(2), the Agency may suspend or revoke the relevant certificate after having consulted the certificate holder or deregister the relevant declaration after having consulted the issuer of the declaration.
2. If the Agency suspends a certificate or temporarily deregisters a declaration because the certificate holder or the issuer of the declaration fails to comply with the applicable requirements or fails to pay the annual fee or surveillance fee, the Agency shall, notwithstanding such suspension, continue to invoice the annual fee or surveillance fee in one instalment at the start of the annual or surveillance period. The Agency may revoke the relevant certificate or permanently deregister the relevant declaration if the certificate holder or the issuer of the declaration fails to comply with its payment obligations within 30 calendar days from the date of notification of the suspension. The reinstatement of the certificate or declaration shall be subject to prior payment of the balance of fees due for the period of suspension together with any other amounts due at that time.
3. If the Agency revokes a certificate or permanently deregisters a declaration because the certificate holder or the issuer of the declaration fails to comply with the applicable requirements or fails to pay the annual fee or surveillance fee, the balance of any fees due for the ongoing billing cycle shall be calculated as follows:
(a)
for annual or surveillance flat fees levied per certificate or declaration and per billing cycle, the balance of any fees due shall be 1/365th of the relevant flat fee per day;
(b)
for annual fees or surveillance fees levied on an hourly basis, the balance of any fees due shall be calculated on an hourly basis.
The amounts referred to in the first subparagraph, points (a) and (b), together with any travel expenses and any other amounts due, shall be payable in full on the date the revocation or deregistration takes effect.
Surrender or transfer of certificates, and deactivation of flight simulation training devices
1. If the certificate holder surrenders a certificate, the balance of any fees due for the ongoing billing cycle shall be calculated as follows:
(a)
for annual or surveillance flat fees levied per certificate and per billing cycle, 1/365th of the relevant annual flat fee per day;
(b)
for annual fees or surveillance fees levied on an hourly basis, on an hourly basis.
The amounts referred to in the first subparagraph, points (a) and (b), shall be payable in full together with travel expenses and any other amounts due on the date the surrender takes effect.
2. Where a certificate is transferred, the fees referred to in Part I, Tables 8 to 22, of the Annex shall be payable by the new certificate holder as from the billing cycle which follows the date on which the transfer takes effect.
3. In the cases referred to in Part I, Table 14, of the Annex, the device surveillance fee regarding a flight simulation training device shall be reduced pro-rata temporis for any periods during which the device is deactivated, provided that the deactivation has been initated at the request of the applicant.
Certification tasks on exceptional basis
An exceptional adjustment shall be applied to the fee levied, in order to cover all costs incurred by the Agency for a given certification task, where the performance of that task requires assigning categories or number of staff, or both, which the Agency would not normally assign under its standard procedures.
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
