HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 151/22
EN
Official Journal of the European Union
12.6.2012
COMMISSION REGULATION (EU) No 494/2012
of 11 June 2012
amending Regulation (EC) No 593/2007 on the fees and charges levied by the European Aviation
Safety Agency
(Text with EEA relevance)
THE EUROPEAN COMMISSION
(4) The
geographical
location
of
the
undertakings
in
the
territories of the Member States should not be a discrimi
natory factor when setting fees.
Having regard to the Treaty on the Functioning of the European
Union, in particular Article 100(2) thereof,
(5) The
applicant
should
have
the
choice
to
request
a
Having regard to Regulation (EC) No 216/2008 of the European
financial quote of the foreseeable amount to be paid
Parliament and of the Council of 20 February 2008 on
for the service which will be provided. The criteria for
common rules in the field of civil aviation and establishing a
determining the amount to be paid should be clear,
European Aviation Safety Agency, and repealing Council
uniform and public. Where it is not possible to
Directive 91/670/EEC, Regulation (EC) No 1592/2002 and
accurately determine this amount in advance, transparent
Directive 2004/36/EC (
principles for assessing the amount to be paid during the

1 ), and in particular Article 64(1) thereof,
provision of the service should be established by the
Agency.
After consulting the Management Board of the European
Aviation Safety Agency,
(6) Deadlines
for
the
payment
of
fees
and
charges
levied
under this Regulation should be fixed. Appropriate
Whereas:
remedies in cases of non-payment should be laid down
such as the termination of the related application
processes, invalidation of related approvals, ceasing of
(1) By
Regulation
(EC)
No
216/2008
the
scope
of
activities
any further provision of services to the same applicant,
of the European Aviation Safety Agency (hereinafter ‘the
and recovery of the outstanding amount through
Agency’) has been extended; hence the Agency is required
available means.
to issue a certificate, approval, licence or other document
as a result of certification according to the extended
scope.
(7) Charges
for
appeals
against
decisions
of
the
Agency
should be paid in full before the appeal is declared
(2) Commission
Regulation
(EC)
No
593/2007
of
31
May
admissible.
2007 on the fees and charges levied by the European
Aviation Safety Agency ( 2 ) does not allow for fees and
charges to be levied for any certification activities referred
(8) Interested
parties
should
be
consulted
prior
to
any
modi
to in Article 5(5)(e) and Articles 21, 22, 22a, 22b and 23
fication of fees. Moreover, the Agency should regularly
of Regulation (EC) No 216/2008 other than those
provide interested parties with information on how and
detailed in Commission Regulations (EC) No
on what basis the fees are calculated to provide interested
1702/2003 of 24 September 2003 laying down imple
parties with an insight into the costs incurred by the
menting rules for the airworthiness and environmental
Agency, and to provide the industry with the appropriate
certification of aircraft and related products, parts and
financial visibility and the ability to anticipate the cost of
appliances, as well as for the certification of design and
the fees it will be required to pay. It should therefore be
production (
possible to review the levels of fees annually on the basis

3 ) and (EC) No 2042/2003 of 20 November
2003 on the continuing airworthiness of aircraft and
of the Agency’s financial results and forecasts.
aeronautical products, parts and appliances, and on the
approval of organisations and personnel involved in
these tasks ( 4 ).
(9) Regulation
(EC)
No
593/2007
should
therefore
be
amended accordingly.
(3) Fees
and
charges
referred
to
in
this
Regulation
should
be
set in a transparent, fair and uniform manner, reflecting
(10) The
measures
provided
for
in
this
Regulation
are
in
the actual cost of each individual service as stipulated in
accordance with the opinion of the Committee estab
Article 64(4)(b) of Regulation (EC) No 216/2008. It is
lished by Article 65 of the Regulation (EC) No 216/2008,
necessary to ensure a balance between overall expen
diture incurred by the Agency in carrying out certifi
cation tasks and overall income from the fees it levies.
HAS ADOPTED THIS REGULATION:
( 1 ) OJ L 79, 19.3.2008, p. 1.
( 2 ) OJ L 140, 1.6.2007, p. 3.
Article 1
( 3 ) OJ L 243, 27.9.2003, p. 6.
( 4 ) OJ L 315, 28.11.2003, p. 1.
Regulation (EC) No 593/2007 is amended as follows:

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EN
12.6.2012 Official
Journal
of
the
European
Union L
151/23
1. in Article 1, the second paragraph is replaced by the
3. For
all
certification
tasks
which
give
rise
to
the
following:
payment of fees calculated on an hourly basis, the Agency
may, on request, provide the applicant with an estimate. The
estimate shall be amended by the Agency if it appears that
‘It determines in particular the matters for which fees and
the task is simpler or can be carried out faster than initially
charges referred to in Article 64(4) of Regulation (EC) No
foreseen or, on the contrary, if it is more complex and takes
216/2008 are due, the amount of those fees and charges and
longer to carry out than the Agency could reasonably have
the way in which they are to be paid.’;
foreseen.
2. in Article 2 points (a) to (d) are replaced by the following:
4. If,
following
a
verification
of
an
application,
the
Agency decides not to accept this application, any fees
‘(a) “fees” means the amounts levied by the Agency and
already paid shall be returned to the applicant, with the
payable by applicants for certification tasks;
exception of an amount to cover the administrative costs
of handling the application. That amount shall be equivalent
to two times the hourly fee set out in Part II of the Annex.
(b) “charges” means the amounts levied by the Agency and
Where the Agency has evidence that the applicant’s financial
payable by applicants for services other than certification
ability is at risk, it may refuse an application unless the
tasks provided by the Agency, including the supply of
applicant provides a bank guarantee or secured deposit.
goods;
The Agency may also refuse an application, where the
applicant has not fulfilled its payment obligations arising
(c) “certification tasks” means all activities carried out by the
out of certification tasks or services performed by the
Agency directly or indirectly for the purposes of issuing,
Agency, unless the applicant pays for the outstanding
maintaining or amending certificates pursuant to Regu
amounts due for those certification tasks or services
lation (EC) No 216/2008 and its implementing rules;
provided.
(d) “applicant” means any natural or legal person requesting
5. If
a
certification
task
has
to
be
interrupted
by
the
to benefit from a certification task or a service provided
Agency because the applicant has insufficient resources or
by the Agency;’;
fails to comply with the applicable requirements, or because
the applicant decides to abandon its application or to
postpone its project, the balance of any fees due, calculated
3. in Article 4, the following second and third paragraphs are
on an hourly basis for the ongoing period of 12 months but
added:
not exceeding the applicable flat fee, shall be payable in full
at the time the Agency stops working, together with any
‘Upon application of future Regulations, the Agency may
other amounts due at that time. The relevant number of
levy fees according to Part II of the Annex for certification
hours shall be invoiced at the hourly fee set out in Part II
tasks other than those referred to in Part I of the Annex.
of the Annex. When, on demand of the applicant, the
Agency starts again a certification task previously inter
rupted, this task shall be charged as a new project.
Any changes to the organisation that are reported to the
Agency and affect its approval may have the effect of a
recalculation of the surveillance fee due, which will be
6. If the certificate holder surrenders the corresponding
applicable as of the next fee cycle.’;
certificate or the Agency revokes the certificate, the balance
of any fees due, calculated on an hourly basis but not
exceeding the applicable flat fee, shall be payable in full at
4. Article 8 is replaced by the following:
the time the surrender or revocation takes place, together
with any other amounts due at that time. The relevant
‘Article 8
number of hours shall be invoiced at the hourly fee set
out in Part II of the Annex.
1. The
fee
shall
be
payable
by
the
applicant
in
euros.
The
terms of payment shall be made available to applicants on
the Agency’s website. The applicant shall pay the fee in full
7. If the Agency suspends the certificate due to non-
including possible bank charges related to the payment
payment of the annual fee or surveillance fee or because
before the issuing, maintaining or amending of the
the applicant fails to comply with the applicable require
certificate, unless the Agency decides otherwise after due
ments, the respective fee periods shall continue.’;
consideration of financial risks. The fee shall be paid
within 30 calendar days from the date on which the
5. in Article 10, paragraph 2 is deleted;
invoice is notified to the applicant by the Agency. The appli
cation may be cancelled or the certificate may be suspended
or revoked if the fees due have not been received upon the
6. in Article 11, the second and third paragraphs are replaced
expiry of the deadline and after the Agency has sent out a
by the following:
formal warning.
‘Charges shall be levied for processing an appeal lodged
2. The
Agency
may
invoice
the
fee
in
one
instalment
after
pursuant to Article 44 of Regulation (EC) No 216/2008 of
having received the application or at the start of the annual
the European Parliament and of the Council (*). The amounts
or surveillance period.
of charges are set out in Part IV of the Annex. Where the

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L 151/24
EN
Official Journal of the European Union
12.6.2012
appellant is a legal person, it is required to supply to the
7. in Article 14 the following paragraph 3 is added:
Agency a signed certificate from an authorised officer of the
organisation concerned specifying the financial turnover of
the appellant. This certificate shall be submitted together
‘3. The
Annex
to
this
Regulation
shall
be
reviewed
period
with the appeal notification. Appeal charges shall be paid
ically to ensure that significant information related to the
within 60 calendar days from the date on which the
underlying assumptions for anticipated income and expen
appeal was filed at the Agency according to the applicable
diture of the Agency is duly reflected in the amounts of fees
procedure established by the Agency. In the event the
or charges levied by the Agency. Where necessary, this Regu
payment is not made within this deadline, the Board of
lation and its Annex may be revised at the latest five years
Appeal shall reject the appeal. If the appeal is concluded in
after its entry into force.’;
favour of the appellant, the appeal charges paid shall be
reimbursed by the Agency without delay.
8. the Annex is amended as set out in the Annex to this
An estimate of the amount of the charges may be
Regulation.
communicated on request to the applicant before the
service is provided. The estimate shall be amended by the
Agency if it appears that the task is simpler or can be carried
Article 2
out faster than initially foreseen or, on the contrary, if it is
more complex and takes longer to carry out than the
This Regulation shall enter into force on the day following that
Agency could reasonably have foreseen.
of its publication in the Official Journal of the European Union.
___________
(*) OJ L 79, 19.3.2008, p. 1.’;
It shall apply from 1 April 2012.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 11 June 2012.
For the Commission
The President
José Manuel BARROSO

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EN
12.6.2012 Official
Journal
of
the
European
Union L
151/25
ANNEX
The Annex to Regulation (EC) No 593/2007 is amended as follows:
(1) in Part II, point 2 is replaced by the following:
‘2. Hourly basis according to the tasks concerned (*):
Demonstration of design capability by means of Actual number of hours
alternative procedures
Production without approval Actual
number
of
hours
Alternative Methods of Compliance to AD’s Actual
number
of
hours
Validation support (acceptance of EASA certification by Actual number of hours
foreign authorities)
Technical assistance requested by foreign authorities Actual
number
of
hours
EASA acceptance of Maintenance Review Board reports Actual
number
of
hours
Transfer of certificates Actual
number
of
hours
Approved Training Organisation certificate Actual
number
of
hours
Aero-medical Centre certificate Actual
number
of
hours
ATM-ANS organisation certificate Actual
number
of
hours
Air Traffic Controller Training Organisation certificate Actual
number
of
hours
Operational Data related to Type Certificate, changes to Actual number of hours
Type Certificate and Supplemental Type Certificate (**)
Qualification Certificate for Flight Simulation Training Actual number of hours
Devices
Approval of flight conditions for Permit to fly 3
hours
Administrative reissuance of documents 1
hour
Export certificate of airworthiness (E-CoA) for CS 25 6 hours
aircraft
Export certificate of airworthiness (E-CoA) for other 2 hours
aircraft
___________
(*) This is a non-exhaustive list of tasks. Non-inclusion of a task in this Part should not be automatically
construed as indicating that the task cannot be performed by the European Aviation Safety Agency.
(**) See Articles 5 and 20 of Regulation (EC) No 216/2008 and Regulation (EC) No 1702/2003 and its
modifications.’;
(2) Part IV is replaced by the following:
‘PART IV
Charges for appeals
All appeal applications attract the fixed charge shown in the table, multiplied by the coefficient indicated for the
corresponding charge category for the person or organisation in question.
The appeal shall be deemed to be admissible only when the charge for appeal has been paid.

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L 151/26
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Official Journal of the European Union
12.6.2012
Fixed charge EUR
10
000
Charge category for natural persons Fixed
charge
coefficient
0,1
Charge category for organisations, according to financial turnover
of the appellant in euros
Fixed charge coefficient
less than 100 001 0,25
between 100 001 and 1 200 000 0,5
between 1 200 001 and 2 500 000 0,75
between 2 500 001 and 5 000 000
1
between 5 000 001 and 50 000 000 2,5
between 50 000 001 and 500 000 000
5
between 500 000 001 and 1 000 000 000 7,5
over 1 000 000 000 10’

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