S.I. No. 854/2004 - Irish Aviation Authority (Fees) Order, 2004

1. Where the Authority is charged by the European Aviation Safety Agency for services provided by the Agency to a person or company, the Authority may recover the amount of the charge from that person or company.

2. The fee payable for the grant of any exemption, permission or a change in category or class of any certificate or licence issued by the Authority in accordance with the requirements of the relevant legislation, which is not otherwise specified herein, shall be an amount equivalent to the cost of such investigations and work as may be required by the Authority, subject to a minimum fee of €104.

GIVEN under the Common Seal of the Irish Aviation Authority this 15th day of December, 2004.

FRANK CONWAY,

Director.

NEIL BRANAGAN,

Director.

EXPLANATORY NOTE.

(This note is not part of the Order and does not purport to be a legal interpretation).

This Order revokes and re-enacts with modifications the Irish Aviation Authority (Fees) Order, 2003, and gives effect to the designation of fees for aeronautical licences, certificates, approvals and permits issued throughout 2005.

1

OJ L. 240, 7.09.2002, pp. 1-21.

2

For an approval not subject to EASA charges only.

3. The fees prescribed at Paragraph 2 above shall not be applicable to a permission for an aerial work aircraft which is also engaged in a public transport operation under an Air Operator's Certificate (although a permission is still required) and the operator concerned has paid the appropriate fees specified in Schedule 11 of this Order and where the aerial work operation is included in the Operations Manual and the Maintenance Manual provided for the purpose of the Air Operator's Certificate concerned.

SCHEDULE 28 — FEES IN CONNECTION WITH AIR TRANSPORT OPERATORS AND FLIGHT TRAINING ORGANISATIONS

4. Where any investigations and work for any permissions for which fees are prescribed by this Schedule give rise to greater costs than can be recovered from the said fees, such costs shall be recovered from the applicant.

SCHEDULE 26 — FEES IN RELATION TO PARACHUTING

5. FLIGHT TESTS GIVING RISE TO EXTRAORDINARY COSTS

Notwithstanding the foregoing provisions of this Schedule, where any flight tests are conducted which, due to the particular circumstances, give rise to extraordinary costs, such costs shall be recovered through increased fees which shall be notified to and agreed with the flight test candidate(s) in advance.

SCHEDULE 21 — FEES FOR FLIGHT CREW LICENCES AND VALIDATIONS

6. The fee scales in this Order are specified in Euros.

7. In this Order

“European Aviation Safety Agency” — (abbreviated “EASA”) means the Agency established on 28th September 2003 by Regulation (EC)

1

No. 1592/2002 of the European Parliament and of the Council of 15th July 2002 (hereinafter referred to as “the EASA Regulation”);

“the EASA Regulations” means the EASA Regulation and any regulations made thereunder, including all parts of such regulations and their associated certification specifications as adopted by EASA;

“JAA licence” means a flight crew licence issued in accordance with JAR-FCL for a flight crew member or an aircraft maintenance licence granted in accordance with JAR/PART 66 for an aircraft maintenance engineer;

“JAR 66” means the Joint Aviation Requirements applicable to aircraft maintenance licences;

“JAR-FCL” means the Joint Aviation Requirements applicable to Flight Crew Licensing;

“Joint Aviation Authorities (abbreviated as JAA)” has the meaning ascribed to it in section 14(6) of the Act;

“Joint Aviation Requirements (abbreviated as JARs)” means Requirements adopted by the Joint Aviation Authorities and accepted by the State under the terms of the Arrangements defined in section 14 (6) of

the Irish Aviation Authority Act, 1993

(No. 29 of 1993) as amended;

“PART 145” means that part of the EASA Regulations on the continuing airworthiness of aircraft and aeronautical products and on the approval of organisations and personnel involved in these tasks, which deals with the approval of maintenance organisations;

“PART 66” means that part of the EASA Regulations on the continuing airworthiness of aircraft and aeronautical products and on the approval of organisations and personnel involved in these tasks, which deals with the licensing of maintenance personnel;

“PART 147” means that part of the EU Commission Regulation on the continuing airworthiness of aircraft and aeronautical products and on the approval of organisations and personnel involved in these tasks, which deals with the approval of aircraft maintenance engineer training organisations.

SCHEDULE 1 — FEES FOR THE REGISTRATION OF AN AIRCRAFT

(1) There shall be charged and levied for the issue of a certificate of registration of an aircraft fees in accordance with the following scale

where the maximum total authorised weight (MTWA) of the aircraft

(

a

) does not exceed 2,730 kgs., a fee of €60;

(

b

) exceeds 2,730 kgs. but does not exceed 5,700 kgs., a fee of €165;

(

c

) exceeds 5,700 kgs. but does not exceed 13,600 kgs., a fee of €235;

(

d

) exceeds 13,600 kgs. but does not exceed 45,500 kgs., a fee of €375;

(

e

) exceeds 45,500 kgs., a fee of €550.

(2) There shall be charged and levied for the reservation of an out of sequence certificate of registration of an aircraft, for each period of six months or less, a fee of €240.

(3) There shall be charged and levied for the issue of an out of sequence certificate of registration of an aircraft, in addition to any other fee payable under (1) above, a fee of €600.

(4) There shall be charged and levied in the case of an aircraft which is the subject of a charter by demise or a lease contract or a hire purchase agreement, for the name and address of the charterer, lessor or hirer to be entered in the aircraft register, a fee of €200.

(5) There shall be charged and levied for the copy of an entry on the aircraft register subject to such conditions as the Authority may require, a fee of €80.

(6) There shall be charged and levied for the renewal or revalidation of a certificate of registration following verification of ownership details in respect of the aircraft to which it relates a fee equal to that for issue for the certificate concerned.

SCHEDULE 2 — FEES IN RELATION TO A CERTIFICATE OF TYPE APPROVAL FOR AN AIRCRAFT, AN AIRCRAFT ENGINE OR ANY OTHER AVIATION PRODUCT

There shall be charged and levied for the conduct of an audit leading to a recommendation for the issue of a Certificate of Type approval for an aircraft, an aircraft engine or other aviation product a fee of an amount equivalent to the cost of such investigations and work as may be required by the Authority for the purpose of such audit subject to a minimum charge of €3,350.

SCHEDULE 3 — FEES FOR CERTIFICATES OF AIRWORTHINESS

(1) There shall be charged and levied for the issue of a certificate of airworthiness, or the issue of an export certificate of airworthiness, or the issue or renewal of a validation for a certificate of airworthiness, and for each subsequent year or part thereof in which the certificate is in force, a fee of an amount equivalent to the cost of such investigations and work as may be required by the Authority for the purposes of such issue, validation or validation renewal, subject to the following minimum fees

(

a

) in the case of a glider or balloon of which the maximum total authorised weight does not exceed 2,000 kgs., a fee of €190.

(

b

) in the case of other aircraft of which the maximum total authorised weight

(i) does not exceed 10,000 kgs., for each 50 kgs. or part thereof, a fee of €21;

(ii) exceeds 10,000 kgs. but does not exceed 200,000 kgs., for each 500 kgs. or part thereof, above 10,000 kgs., in addition to the maximum fee payable under (i) above, a fee of €126;

(iii) exceeds 200,000 kgs., for each 500 kgs. or part thereof, above 200,000 kgs., in addition to the maximum fee payable under (ii) above, a fee of €110.

(2) Where an aircraft is based in another state under a lease agreement acceptable to the Authority and operated by an operator who is not the holder of an air operator's certificate issued by the Authority, the fees applicable at (i), (ii) and (iii) of paragraph (1)

b

of this Schedule shall be generally applicable to that aircraft but there shall be charged and levied a minimum fee of €9,000 per aircraft for each year to which an issue or renewal action relates.

SCHEDULE 4 — FEES FOR A FLIGHT PERMIT

There shall be charged and levied for the grant or renewal of a flight permit, a fee of an amount equivalent to the cost of such investigations and work as may be required by the Authority for the purpose of such grant or renewal, subject to a minimum fee of €300.

SCHEDULE 5 — FEES FOR APPROVAL OF MODIFICATION TO AN AIRCRAFT

There shall be charged and levied for approval

2

of a modification to an aircraft less than 2,700 kgs. a fee of an amount equivalent to the cost of such investigations and work as may be required by the Authority for the purposes of such an approval, subject to a minimum fee of €300.

There shall be charged and levied for approval of a modification to an aircraft greater than 2,700 kgs. a fee of an amount equivalent to the cost of such investigations and work as may be required by the Authority for the purposes of such an approval, subject to a minimum fee of €450 where such modification is fully supported at the time of application by a state of manufacturer approval or where the design is carried out by an IAA approved design organisation.

There shall be charged and levied for approval of a modification to an aircraft greater than 2,700 kgs. a fee of an amount equivalent to the cost of such investigations and work as may be required by the Authority for the purposes of such an approval, subject to a minimum fee of €1,700 where such modification is not fully supported by a state of manufacturer approval or where the design is not carried out by an IAA approved design organisation.

SCHEDULE 6 — FEES FOR THE ISSUE OR VALIDATION OF A NOISE CERTIFICATE

There shall be charged and levied for the issue of a noise certificate or for the validation of a noise certificate issued by the competent authority of another state a fee of an amount equivalent to the cost of such investigations and work as may be required by the Authority for the purpose of such issue or validation, subject to a minimum fee of €75. This fee will not be charged where a certificate of airworthiness is also issued to an aircraft of MTWA in excess of 10,000 kg.

SCHEDULE 7 — FEES FOR THE ALLOCATION AND ISSUE OF MODE ‘S’ TRANSPONDER CODES (AIRCRAFT of MTOW LESS THAN 9000 KG.)

There shall be charged and levied for the allocation and issue of a Mode ‘S’ transponder code a fee of €55. This fee will not be charged where a certificate of airworthiness is also issued to an aircraft of MTWA in excess of 10,000 kg.

SCHEDULE 8 — FEES FOR INSPECTION FOR THE PURPOSES OF ISSUE OF A MAINTENANCE OR OVERHAUL APPROVAL OR A PART 145 APPROVAL TO AN ORGANISATION

(1) There shall be charged and levied by the Authority for the inspection of an organisation for the purposes of the grant, variation or renewal of its approval, not being a PART 145 approval, as an organisation competent to overhaul and to maintain aircraft and aircraft components, a fee of an amount equivalent to the cost of such investigations and work as may be required for the purposes of the inspection, subject to a minimum fee of €1,150.

(2) There shall be charged and levied by the Authority for the conduct of an initial review of a PART 145 maintenance exposition manual of an organisation, referred to in (1) above, applying for an approval, a fee of €275.

(3) There shall be charged and levied by the Authority for the inspection of an organisation for the purposes of the grant, variation or renewal of a PART 145 approval, a fee of an amount equivalent to the cost of such investigations and work as may be required for the purposes of the applicable approval subject to the following minimum charges for each year or part thereof to which the approval relates, where the grant or renewal of PART 145 approval of an organisation is

(

a

) in respect of base maintenance of aircraft of maximum take-off weight not exceeding 5,000 kgs. and line maintenance or inspection (NDI) only of aircraft or engines, a fee of €1,355;

(

b

) in respect of line and base maintenance of any aircraft exceeding 5,000 kg. but not exceeding 50,000 kg. maximum take-off weight, a fee of €7,230;

(

c

) in respect of line and base maintenance of aeroplanes of maximum take-off weight exceeding 50,000 kgs., a fee of €2,730 per narrow-body servicing bay and €5,460 per widebody bay subject to a minimum overall fee of €8,235;

(

d

) in respect of the overhaul, reconditioning or major maintenance of gas turbines, a fee of €12,175 in respect of the first engine type for which approval is granted and a fee of €5,350 for each additional engine type subject to a maximum charge of €23,550;

(

e

) in respect of the overhaul, reconditioning or major maintenance of aircraft or engine components or equipment, a fee of €3,350 in the case of a facility at a single location and a fee of €2,355 for each additional facility authorised under the approval;

(

f

) in respect of the overhaul, reconditioning or major maintenance of aircraft or engine components or equipment, a fee of €3,395;

(

g

) in respect of any of the above approvals issued as part of a FAR 145 approval for the FAA, under an agreement where surveillance is delegated to the IAA, a fee of €880, in addition to the fees identified above for each national approval.

(4) There shall be charged and levied by the Authority for the conduct of a full or a partial technical audit of an organisation, referred to in (3) above, at any interim period, (i.e. other than at the time of grant or renewal of an approval), a fee of an amount equivalent to the cost of such investigations and work as may be required, reckoned per diem, subject to a minimum charge of €720. This shall include the assessment of an application for a variation of an approval or a capability, subject to a minimum charge of €100.

Note: Charges in respect of the renewal of a PART 145 approval for base maintenance for the holder of an Irish Air Operator's Certificate may, at the discretion of the Authority, be rebated against the aggregate of certificate of airworthiness fees payable per annum by that operator at a rate of 25% in the €.

SCHEDULE 9 — FEES FOR THE APPROVAL OF A PRODUCTION ORGANISATION

The Irish Aviation Authority, in exercise of the powers conferred on it by

sections 5

,

58

,

59

,

60

(1)(

j

)(i), of the

Irish Aviation Authority Act, 1993

, (No. 29 of 1993) as amended by the Air Navigation and Transport (Amendment) Acts, 1998 (No. 24 of 1998) and the

Aviation Regulation Act, 2001

(No. 1 of 2001) hereby orders as follows