S.I. No. 805/2007 - Irish Aviation Authority (Fees) (No. 2) Order, 2007

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 €121.

GIVEN under the common seal of the Irish Aviation Authority,

12 December 2007

FRANK CONWAY.

Director.

Present when the common seal of the Irish Aviation Authority was affixed hereto.

GIVEN under the common seal of the Irish Aviation Authority,

12 December 2007

DONAL DOWNING.

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, 2007, and gives effect to the designation of fees for aeronautical licences, certificates, approvals and permits issued from the applicable date.

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

2 For an approval not subject to EASA charges only

3. FTO’s, TRTO’s and RTF’s

(

a

) There shall be charged and levied in connection with the approval of FTO’s, TRTO’s and RTF’s the cost of such investigations and work as may be required by the Authority, subject to the minimum fees shown in the table below

Type of Training Organisation

Service Provided

Amount of Fee €

TRTO (based in Ireland or elsewhere) for Type Ratings for aircraft above 5700 Kgs MTOM or based outside island of Ireland for Type Ratings for aircraft below 5700 Kgs MTOM

Initial Approval

9000

Renewal if granted for a period of 1 year

6000

Renewal if granted for a period of 2 years

4500

Renewal if granted for a period of 3 years

4000

TRTO based in the island of Ireland for Type Ratings for aircraft below 5700 Kgs MTOM

Initial Approval

4000

Renewal if granted for a period of 1 year

3000

Renewal if granted for a period of 2 years

2800

Renewal if granted for a period of 3 years

2700

FTO based in the island of Ireland

Initial Approval

4000

Renewal if granted for a period of 1 year

3000

Renewal if granted for a period of 2 years

2800

Renewal if granted for a period of 3 years

2700

FTO based outside of the island of Ireland

Initial Approval

9000

Renewal if granted for a period of 1 year

6000

Renewal if granted for a period of 2 years

4500

Renewal if granted for a period of 3 years

4000

FTO based in Ireland and conducting training for Instructor Ratings only

Initial Approval

1400

Renewal if granted for a period of 1 year

1200

Renewal if granted for a period of 2 years

1100

Renewal if granted for a period of 3 years

1000

PPL Registered Training Facility (Aeroplane or Helicopter)

Initial Approval

700

3-yearly inspection

200

Registered Training Facility (Aircraft other than A or H)

Initial Approval

350

3-yearly inspection

100

(

b

)

Variation of FTO or TRTO Course approvals

Upon making an application for the variation of an approval requiring the review of course manuals (whether or not a subsequent site inspection is also required) for the amendment of the organisation’s approval, the applicant shall pay an amount equivalent to the cost of such investigations and work as may be required by the Authority, subject to a minimum charge of €1,400 per application for an FTO or TRTO and a minimum charge of €150 for an RTF.

(

c

)

Services Provided In Another State

Where the services described above are provided in another state (other than Northern Ireland), an additional charge of €1,400 per diem or part thereof plus the cost of travel, accommodation and subsistence for each Authority Inspector required will be charged in addition to the fees specified above. (Note: for the purpose of this Schedule, the number of days charged for shall commence when the Authority Inspector leaves home to travel abroad and shall end when the Authority Inspector arrives back at home).

SCHEDULE 27 FEES FOR THE ALLOCATION AND ISSUE OF MODE ‘S’ TRANSPONDER CODES FOR GROUND BASED EQUIPMENT

There shall be charged and levied for the allocation and issue of a Mode ‘S’ transponder code a fee of €100.

SCHEDULE 28 MISCELLANEOUS FEES AND CHARGES

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 24 FEES IN RELATION TO PARACHUTING

5. (1) The Authority may give such directions in respect of such matters and things as may be specified in this Order for carrying out the purposes of this Order or the Schedules thereto as may be necessary and appropriate.

(2) Directions under this Order may be given in the form of Aeronautical Notice, Aeronautical Information Circular, or by Notice sent by registered post to the person affected.

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”);

“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.

“the maximum total weight authorised” (MTWA) in respect of an aircraft means, for the purposes of this Order, the maximum weight at which that aircraft may legally be operated in accordance with its type certificate or equivalent document or such weight as may be accepted by the Authority as the maximum or reference operating weight in respect of a particular aircraft at the time of its registration;

“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 which deals with the licensing of maintenance personnel in the context of the approval of organisations and personnel involved in tasks on the continuing airworthiness of aircraft and aeronautical products;

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

SCHEDULE 1 FEES FOR THE REGISTRATION OF AN AIRCRAFT

(1) There shall be charged and levied for each application for the issue of a certificate of registration of an aircraft including gliders, 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 €70;

(

b

) exceeds 2,730 kgs. but does not exceed 5,700 kgs., a fee of €187;

(

c

) exceeds 5,700 kgs. but does not exceed 13,600 kgs., a fee of €270;

(

d

) exceeds 13,600 kgs. but does not exceed 45,500 kgs., a fee of €434;

(

e

) exceeds 45,500 kgs., a fee of €646.

(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 €263.

(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 €700.

(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 €315.

(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 €90.

(6) There shall be charged and levied for the revalidation of a certificate of registration following verification of address change in respect of the aircraft to which it relates a fee equal to 50% of that for issue for the certificate concerned.

(7) Where the applicant for a certificate of registration is a limited company, there shall be charged and levied in addition to any other fee payable under paragraphs (1) to (6) above, a fee of €105 in respect of the verification of company registration details with the Companies Registration Office.

(8) Where the applicant withdraws an application for registration before significant administrative working commences on the application the fees remitted will be returned subject to an administrative charge of €70. Where the applicant withdraws an application following significant administrative work by the Authority, the cost of such work at €205 per hour shall be deducted from any refund.

SCHEDULE 2 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 weight authorised does not exceed 2,000 kgs., a fee of €210.

(

b

) in the case of an aeroplane of which the maximum total weight authorised

(i) does not exceed 10,000 kgs., for each 50 kgs. or part thereof, a fee of €24;

(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 €145;

(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 €119;

(iv) For aircraft exceeding 250,000 kgs the fee is limited to that payable for an aircraft of 250,000 kgs.

(

c

) in the case of a rotorcraft of which the maximum total weight authorised

(i) does not exceed 1,000 kgs, a fee of €600;

(ii) exceeds 1000 kgs, but does not exceed 10,000 kgs, for each 50 kgs. or part thereof above 1000 kgs, in addition to the maximum fee payable under (i) above, a fee “F(€)” computed according to the following formula

F(€) = [35 - W/1000]

where “W” is the maximum takeoff weight authorised in kilograms;

(iii) exceeds 10,000 kgs for each 500 kgs or part thereof, above 10,000 kgs, in addition to the maximum fee payable under (ii) above, a fee of €145.

(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 €9,923 per aircraft for each year to which an issue, renewal or continuance of the certificate relates.

SCHEDULE 3 FEES FOR THE DELEGATION OF OVERSIGHT UNDER ARTICLE 83BIS TO THE CHICAGO CONVENTION

When the safety oversight of an aircraft is delegated overseas to an EU or EASA Member state under the provisions of article 83bis of the Chicago Convention an annual fee of €22 per 500 kg of the MTWA shall be levied. The fee shall fall due on the same date as the renewal or continuation date of the certificate of airworthiness or the reissue date of the Airworthiness Review Certificate for the aircraft concerned.

When the safety oversight of an aircraft is delegated overseas to an ICAO member state that is not an EU or EASA member state under the provisions of article 83bis of the Chicago Convention an annual fee of €50 per 500 kg of the MTWA shall be levied. The fee shall fall due on the same date as the renewal or continuation date of the certificate of airworthiness for the aircraft concerned.

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 per diem of €1,400 but a minimum fee of €330.

SCHEDULE 5 FEES FOR APPROVAL OF MODIFICATION TO AN AIRCRAFT

There shall be charged and levied for the approval of a modification a charge of €205 per hour subject to the minimum charges set out below.

There shall be charged and levied for approval

2

of a modification to an aircraft less than 2700 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 €330.

There shall be charged and levied for approval

2

of a modification to an aircraft greater than 2700 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 €1875 where such modification is not fully supported by a state of manufacturer approval or where the design is not carried out by an EASA approved design organisation.

There shall be charged and levied for approval of a modification

2

to an aircraft greater than 2700 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 €500 where such modification is not fully supported by a state of manufacturer approval or where the design is not carried out by an EASA approved design organisation.

2 For an approval not subject to EASA charges only

SCHEDULE 6 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 €1,323.

(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 (3) below, applying for an approval, a fee of €320.

(3) There shall be charged and levied by the Authority for the inspection of an organisation for the purposes of the grant, variation, renewal or retention 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, renewal or retention of PART 145 approval of an organisation is

(

a

) in respect of base maintenance of aircraft of maximum take-off weight not exceeding 5000 kgs. and line maintenance or inspection (NDI) only of aircraft or engines, a fee of €1,565;

(

b

) in respect of line and base maintenance of any aircraft exceeding 5000 kg. but not exceeding 50,000 kg. maximum take-off weight, a fee of €8,324;

(

c

) in respect of line and base maintenance of aeroplanes of maximum take-off weight exceeding 50,000 kgs., a fee of €3,009 per narrow-body servicing bay and €6,317 per widebody bay subject to a minimum overall fee of €9,326;

(

d

) in respect of the overhaul, reconditioning or major maintenance of gas turbines, a fee of €14,084 in respect of the first engine type for which approval is granted and a fee of €6,175 for each additional engine type subject to a maximum charge of €28,875;

(

e

) in respect of the overhaul, reconditioning or major maintenance of aircraft or engine components or equipment, a fee of €3,859 in the case of a facility at a single location and a fee of €2,700 for each additional facility authorised under the approval;

(

f

) 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 €1,260 per annum, 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 of an approval or continuation review audit), a fee of an amount equivalent to the cost of such investigations and work as may be required, reckoned at €1,400 per diem, subject to a minimum charge of €830. This shall include the assessment of an application for a variation of an approval or a capability, subject to a minimum charge of €126.

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 7 FEES FOR THE APPROVAL OF A PRODUCTION ORGANISATION

S.I. No. 805 of 2007

IRISH AVIATION AUTHORITY (FEES) (No. 2) ORDER, 2007

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of

14

th December

, 2007.

The Irish Aviation Authority, in exercise of the powers conferred on it by sections 5, 58, 59, 60, 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