Commission Implementing Regulation (EU) 2019/2153Dangos y teitl llawn

CHAPTER II FEES

Article 8 General provisions as regards payment of fees

1. Performance of certification tasks is 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 point (b) of paragraph 2 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 set by this Regulation, the Agency may, subject to the agreement of the applicant:

(a) reclassify an application within the categories identified in the Annex to this Regulation;

(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, or

(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.

Article 9 Payment periods

1. Fees referred to in Tables 1, 2 and 3 of Part I of the Annex shall be levied per application and per period of 12 months. For the period after the first 12 months, the fees shall be 1/365th of the relevant annual fee per day.

2. Fees referred to in Table 4 of Part I of the Annex shall be levied per application.

3. Fees referred to in Table 8 of Part I of the Annex shall be levied per period of 12 months.

4. Fees referred to in Tables 9 to 14 of Part I of the Annex shall be levied as follows:

(a) approval fees shall be levied per application;

(b) surveillance fees shall be levied per period of 12 months;

Any changes to an organisation that affect its approval have the effect of a recalculation of the surveillance fee due as of the next 12-month period following the approval of the change.

5. In the cases referred to in point (f) 2) of Article 2, fees for the period between the date of issuance of the certificate and the start of the first billing cycle thereafter shall be calculated pro-rata temporis, on the basis of table 8 of Part I of the Annex.

6. 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, the fee shall be recalculated as of the date of receipt of the application;

(b) for fees levied per application and per period of 12 months, the fee shall be recalculated for the current billing cycle and onwards.

(c) where the Agency reclassifies several applications as a single application in accordance with Article 8(4), the fee shall be recalculated as of the date considered relevant for the reclassification.

Article 10 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.

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 Tables 1, 2 and 3 of Part I of the Annex, levied per application and per period of 12 months, the balance of any fees due for the ongoing billing cycle shall be 1/365th of the relevant annual fee per day. For the periods preceding the ongoing 12-month period, the applicable fees remain due;

(b) for fees referred to in Tables 4 and 15 of Part I 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 Tables 9 to 14 of Part I 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 point (a) of paragraph 2. 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.

4. For the purposes of this Regulation,

(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 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.

5. Fees paid for a task related to an application, whose performance has been terminated, shall not be taken into account for any subsequent task, even if of the same nature as the terminated task.

Article 11 Suspension or revocation of certificates

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.

2. If the Agency suspends a certificate because the certificate holder 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 if the certificate holder fails to comply with its payment obligations within one year from the date of notification of the suspension. The reinstatement of the certificate 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 because the certificate holder 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 and per period of 12 months, 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 points (a) and (b) of the first subparagraph, together with any travel expenses and any other amounts due, shall be payable in full on the date the revocation takes effect.

Article 12 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 12-month period shall be calculated as follows:

(a) for annual or surveillance flat fees levied per certificate and per period of 12 months, the balance of any fees due shall be 1/365th of the relevant annual flat fee per day;

(b) for annual fees or surveillance fees levied on an hourly basis, the balance of any fees shall be calculated on an hourly basis.

The amounts referred to in points (a) and (b) of the first subparagraph 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 Tables 8 to 15 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 Table 14 of Part I of the Annex, the device surveillance fee regarding a flight simulation training device shall be reduced pro-rata temporis for periods of deactivation intervening upon request of the applicant.

Article 13 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 and/or number of staff which the Agency would not normally assign under its standard procedures.