STATUTORY INSTRUMENTS

S.I. No. 682 of 2003

IRISH AVIATION AUTHORITY (FEES) ORDER, 2003

PUBLISHED BY THE STATIONERY OFFICE

DUBLIN

IRISH AVIATION AUTHORITY

(FEES) ORDER, 2003

S.I. No. 682 of 2003

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 2001 ( No. 1 of 2001 ) hereby orders as follows:

1.       (1)      This Order may be cited as the Irish Aviation Authority (Fees) Order, 2003.

(2)      This Order shall come into operation on the first day of January 2004.

2.       In this Order “the Authority” means the Irish Aviation Authority and references to the charging and levying of fees shall be construed as references to the charging and levying of fees by the Authority.

3.       The Irish Aviation Authority (Fees) Order 2002, ( S.I. No. 486 of 2002 ) is hereby revoked with effect from the coming into operation of this Order.

4.       (1)     Fees shall be charged and levied by the Authority in accordance with the provisions of the Schedules to this Order.

(2)     The Authority, through such of its officers as may be so authorised in that behalf, may remit or reduce, in any case or class of cases in relation to which it is satisfied that it is reasonable to do so, any fee prescribed by this Order.

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 28^th September 2003 by EU Regulation ¹ 1592 of 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 of the Act;

“Joint Aviation Requirements (abbreviated as JARs)” means Requirements adopted by the European 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 €55;

(b)   exceeds 2,730 kgs. but does not exceed 5,700 kgs., a fee of €150;

(c)   exceeds 5,700 kgs. but does not exceed 13,600 kgs., a fee of €215;

(d)   exceeds 13,600 kgs. but does not exceed 45,500 kgs., a fee of €355;

(e)   exceeds 45,500 kgs., a fee of €525.

(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 €220.

(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 €550.

(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 €190.

(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 €75.

(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 €3350.

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 €175.

(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 €19;

(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 €122;

(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 €105.

(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 €8950 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 or approval visa² 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 €300.

There shall be charged and levied for approval or approval visa 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 €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 or approval visa 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 €1660 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.

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 €45. 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 €1100.

(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 €260.

(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 5000 kgs. and line maintenance or inspection (NDI) only of aircraft or engines, a fee of €1300;

(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 €6980;

(c)    in respect of line and base maintenance of aeroplanes of maximum take-off weight exceeding 50,000 kgs., a fee of €2600 per narrow-body servicing bay and €5200 per widebody bay subject to a minimum overall fee of €7855;

(d)    in respect of the overhaul, reconditioning or major maintenance of gas turbines, a fee of €11675 in respect of the first engine type for which approval is granted and a fee of €5100 for each additional engine type subject to a maximum charge of €23050;

(e)    in respect of the overhaul, reconditioning or major maintenance of aircraft or engine components or equipment, a fee of €3255 in the case of a facility at a single location and a fee of €2230 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 €3255;

(g)    in respect of any of the above approvals issued as part of a FAR 145 approval for the FAA, under a bilateral agreement where surveillance is delegated to the IAA, a fee of €840, 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 €695. This shall include the assessment of an application for a variation of an approval or a capability, subject to a minimum charge of €97.

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 AN ORGANISATION (DESIGN AND/OR MANUFACTURE)

(1)     There shall be charged and levied by the Authority for the audit and surveillance for the purposes of recommending an approval for an organisation as an organisation competent to design and/or to manufacture aircraft parts or aviation materials a fee of an amount equivalent to the cost of such investigations and work as may be required for the purposes of the work involved subject to a minimum fee of €3950 per application and per year during which an approval is in force.

(2)     There shall be charged and levied by the Authority for approval of an organisation for the manufacture of aircraft seating foams, carpets or dress fabrics a fee of an amount equivalent to the cost of such investigations and work as may be required for the purposes of the grant of such an approval subject to a minimum fee of €1875 and €965 for each renewal.

SCHEDULE 10 - FEES FOR INSPECTION FOR THE PURPOSES OF APPROVAL OF A PREMISES (STORAGE OF AIRCRAFT PARTS)

There shall be charged and levied by the Authority for the approval of a premises as suitable for the storage of aircraft accessories and component parts, a fee of an amount equivalent to the cost of such investigations and work as may be required, subject to the following minimum fees:

(a)    for the grant of approval and its retention per annum, a fee of €365.

SCHEDULE 11 - FEES FOR THE INSPECTION OF A COMMERCIAL AIRCRAFT OPERATOR'S ORGANISATION FOR THE PURPOSE OF THE GRANT, RENEWAL OR AMENDMENT OF AN AIR OPERATOR'S CERTIFICATE (AOC) TO THE REQUIREMENTS OF JAR-OPS

(1)     There shall be charged and levied for the inspection and surveillance of an aircraft operator's organisation for the purposes of the grant, variation or renewal of an Aircraft Operator's Certificate, a fee of an amount equivalent to the cost of such investigations and work as may be required by the Authority, subject to the following minimum charges appropriate to the maximum total authorised weight (MTWA) of the heaviest type of aircraft specified in the application:

(a)   Grant of an AOC

In respect of one or more:

(b)   Renewal of an AOC

In respect of one or more:

(2)     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 (1) 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 €695. This shall include the assessment of an application for a variation in an approval subject to a minimum charge of €100.

Note:Charges in respect of the renewal of an AOC 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 15% in the €.

(3)     There shall be charged and levied for aircraft not registered in the State an additional fee for each month during which the aircraft is, or are, included in the certificate:

(a)   in respect of each aircraft of maximum total authorised of not more than 2000 kg. - €57;

(b)   in respect of each aircraft of a maximum total authorised weight of more than 2000 kg. - €11 for every 500 kgs. of the MTWA or part thereof.

(4)     Where the Authority has agreed that an operator holding an air operator's certificate from the Authority may engage in an aircraft operation based in another EU member state, there shall be charged and levied for the inspection by the Authority of that operation so based a surveillance fee of €695 per diem per inspector in addition to the cost of travel and subsistence for Authority personnel engaged in surveillance of that operation.

Special Approvals

Where an application is made for the grant of an approval to operate an aircraft type in RVSM (Reduced Vertical Separation Minima) airspace or the grant of an ETOPS (Extended Twin Engine Operations) approval for an aircraft type, there shall be charged and levied for the grant of such approval a fee of an amount equivalent to the cost of such investigations and work as may be required by the Authority in each case, subject, in the case of RVSM, to a minimum fee of €3767 and in the case of an ETOPS approval to a minimum fee of €7525.

SCHEDULE 12 - FEES FOR INSPECTION OF AN AIRCRAFT TO DETERMINE IF IT IS AIRWORTHY

There shall be charged and levied for an inspection, on the application of an owner of an aircraft (not being an inspection made with a view to issuing or renewing or validating a certificate of airworthiness or issuing a certificate of airworthiness for an aircraft intended for export) for the purpose of ensuring that an aircraft is airworthy and complies with the requirements for the issue of a certificate of airworthiness, a fee of an amount equivalent to the cost of the inspection subject to a minimum fee as appropriate to the aircraft concerned under Schedule 3 of the Order.

SCHEDULE 13 - FEES FOR THE APPROVAL OF AIRCRAFT MAINTENANCE ENGINEER TRAINING COURSES AND TRAINING ORGANISATIONS

There shall be charged and levied for the grant and the renewal of a PART 147 approval for an aircraft maintenance engineer training organisation:

There shall be charged and levied for the approval and renewal of an approval for a course of type training for persons applying for an Aircraft Maintenance Engineer's Licence, a fee of €203.

There shall be charged and levied for the provision of training courses by the Authority an amount equivalent to the cost of providing such training courses subject to a minimum fee of €698 per diem.

SCHEDULE 14 - FEES FOR INSPECTIONS IN RELATION TO DANGEROUS GOODS

There shall be charged and levied for an inspection for the purpose of ensuring compliance with the provisions of the Air Navigation (Carriage of Munitions of War, Weapons and Dangerous Goods) Orders, 1973 and 1989 ( S.I. No. 224 of 1973 and S.I. No. 130 of 1989 ), a fee of an amount equivalent to the cost of the inspection subject to a minimum fee of €365.

There shall be charged and levied for an inspection for the purpose of authorising a commercial freight transport operator to carry dangerous goods under the terms of an Air Operator's Certificate a fee of an amount equivalent to the cost of the inspection subject to a minimum fee of €365.

There shall be charged and levied for an inspection for the purpose of authorising a commercial passenger transport operator to carry dangerous goods under the terms of an Air Operator's Certificate a fee of an amount equivalent to the cost of the inspection subject to a minimum fee of €365.

There shall be charged and levied for the approval and renewal of an approval for a course of dangerous goods training for persons applying for a approval to ship or transport dangerous goods a fee of €365.

SCHEDULE 15 - FEES FOR THE INSPECTION AND APPROVAL OF FUEL INSTALLATIONS AT AERODROMES, HELIPORTS OR ELSEWHERE

There shall be charged and levied for the inspection for the purposes of issuing or renewing an approval of an aviation fuel installation, located at any place where aircraft may take-off or land within the State, other than at an aerodrome or a place under the control of the Minister for Defence, a fee of an amount equivalent to the cost of such inspection, subject to the following minimum fees:

(a)     Inspection for the issue or renewal of an approval of an installation at a licensed aerodrome, a fee per inspection of €365;

(b)     For all other installations, a fee per inspection of €365.

SCHEDULE 16 - FEES FOR THE ASSESSMENT OF STUDENT AIR TRAFFIC CONTROLLERS, AIR TRAFFIC CONTROLLERS AND AERODROME FLIGHT INFORMATION SERVICE OFFICERS

(1)     There shall be charged and levied by the Authority for the practical assessment of student air traffic controllers, air traffic controllers and aerodrome flight information service officers, 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 assessments subject to the following minimum fees:

(a)    for the practical assessment of student air traffic controllers or air traffic controllers, a fee of €185;

(b)    for the practical assessment of aerodrome flight information service officers, a fee of €115.

(2)     There shall be charged and levied by the Authority for the simulator assessment of student air traffic controllers or air traffic controllers, a fee of an amount equivalent to the cost of such investigations and work as may be required for purpose of such assessment subject to a minimum fee of €185.

SCHEDULE 17 - FEES FOR LICENCES FOR STUDENT AIR TRAFFIC CONTROLLERS, AIR TRAFFIC CONTROLLERS AND AERODROME FLIGHT INFORMATION SERVICE OFFICERS

(1)     There shall be charged and levied for the grant, renewal and validation of licences and associated ratings for student air traffic controllers, air traffic controllers and aerodrome flight information service officers the fees as set out in the Appendix to this Schedule.

(2)     The fee for the replacement of any licence shall be 50% of the fee specified in the Appendix hereto for the grant thereof.

APPENDIX TO SCHEDULE 17

SCHEDULE 18 - FEES FOR AERODROME AND HELIPORT LICENCES AND CERTAIN OTHER FEES FOR AERODROMES AND HELIPORTS

1.       There shall be charged and levied for the grant, renewal or variation of a licence for an aerodrome or heliport the fees as set out at (2) below.

(a)    The fee specified for the grant, renewal or variation of an aerodrome or heliport licence includes the cost of inspection of the site or proposed site of the aerodrome or heliport. Should a licence not be granted, renewed or varied (as the case may be) the fee appropriate to inspection only shall be retained by the Authority.

(b)    For the purposes of this Schedule, aerodromes and heliports are classified as follows:

(i)    Class A1 - Aerodromes: Aerodromes, having a Control Zone and/or Instrument Approach and having at least one runway of length 1800m or more, which are licensed for public use;

Class A2 - Aerodromes: Aerodromes, having a Control Zone and/or Instrument Approach and having at least one runway of length 1200m or more and less than 1800m, which are licensed for public use;

Class A3 - Aerodromes: Aerodromes, having a Control Zone and/or Instrument Approach and having no runway of length greater than 1200m, which are licensed for public use;

(ii)    Class B - Aerodromes: Aerodromes, without a Control Zone or Instrument Approach, which are licensed for public use (VFR-DAY);

(iii)   Class C - Aerodromes: Aerodromes which are licensed for Private and/or Aerial Work use only (including use for student pilot training);

(iv)   Class D - Aerodromes: Aerodromes which are licensed for private use and restricted to specific categories of private aircraft (e.g. microlights, autogyros) (including use for student pilot training in private aircraft);

(v)   Class A - Heliports: Heliports, with a Control Zone and/or Instrument Approach, which are licensed for public use;

(vi)   Class B - Heliports: Heliports, without a Control Zone or Instrument Approach, which are licensed for public use (VFR-DAY);

(vii)  Class C - Heliports: Heliports which are licensed for Private and/or aerial work use only (including use for student pilot training).

2.       (a)    (i)    For the grant or renewal of a Class A1 - Aerodrome licence, a minimum fee of €3700 per year and an additional variable charge for commercial movements in excess of 10,000 per year at a rate to be prescribed in a direction under this Order;

(ii)    For the grant or renewal of a Class A2 - Aerodrome Licence, a fee of €1995 per year;

(iii)   For the grant or renewal of a Class A3 - Aerodrome licence or a Class A - Heliport licence: a fee of €1450 per year;

(iv)   For a variation in the terms or conditions of a Class A - Aerodrome licence or a Class A - Heliport licence, a fee of an amount equivalent to the cost of such investigations and work as may be required, subject to a minimum fee of €420;

(v)   For approval of a new Instrument Approach, a fee of an amount equivalent to the cost of such investigations as may be required, subject to a minimum fee of €420;

(vi)   For the design and approval of a new Instrument Approach, a fee of an amount equivalent to the cost of such investigations and work as may be required, subject to a minimum fee of €1995;

(vii)  For inspection of the proposed site for an aerodrome or heliport (Class A - Aerodrome licence or Class A - Heliport licence), a fee of an amount equivalent to the cost of such investigations and work as may be required, subject to a minimum fee of €1995.

(b)    (i)    For the grant or renewal of a Class B - Aerodrome or a Class B - Heliport licence, a fee of €1180 per year;

(ii)    For a variation in the terms or conditions of a Class B - Aerodrome licence or a Class B - Heliport licence, a fee of an amount equivalent to the cost of such investigations as may be required, subject to a minimum fee of €420;

(iii)   For inspection of the proposed site for an aerodrome or heliport (Class B - Aerodrome licence or Class B - Heliport licence), a fee of an amount equivalent to the cost of such investigations and work as may be required, subject to a minimum fee of €1700.

(c)    (i)    For the grant or renewal of a Class C - Aerodrome licence or a Class C - Heliport licence, a fee of €740 per year;

(ii)    For a variation in the terms or conditions of a Class C - Aerodrome licence or a Class C - Heliport licence, a fee of an amount equivalent to the cost of such investigations or work as may be required, subject to a minimum fee of €220;

(iii)   For the temporary upgrading of a Class C - Aerodrome licence to a Class B - Aerodrome licence or of a Class C - Heliport licence to a Class B - Heliport licence the cost of the higher licence shall be charged, adjusted pro rata according to the period of the upgrade, and taking account the fee already paid in respect of that period, subject to a minimum fee of €420;

(iv)   For inspection of the proposed site for an aerodrome or heliport (Class C - Aerodrome licence or Class C - Heliport licence), a fee of an amount equivalent to the cost of such investigations and work as may be required, subject to a minimum fee of €420.

(d)    (i)    For the grant or renewal of a Class D - Aerodrome Licence, a fee of €695 per year;

(ii)    For a variation in the terms or conditions of a Class D - Aerodrome licence, a fee of an amount equivalent to the cost of such investigations and work as may be required, subject to a minimum fee of €195;

(iii)   For the temporary upgrading of a Class D - Aerodrome licence to a Class C - Aerodrome licence or a Class B - Aerodrome licence the cost of the higher licence shall be charged, adjusted pro rata according to the period of the upgrade, and taking into account the fee already paid in respect of that period, subject to a minimum fee of €195;

(iv)   Class D - Aerodrome licence: For inspection of the site proposed for an aerodrome (Class D - Aerodrome licence) a fee of an amount equivalent to the cost of such investigations as may be required, subject to a minimum fee of €460.

3.       There shall be charged and levied for the grant of a permission, where such is required, or a temporary licence, to use a place not licensed as an aerodrome as a place for the take-off and landing of aircraft, a fee of an amount equivalent to the cost of such investigations and work as may be required, subject to a minimum fee of €460.

SCHEDULE 19 - FEES FOR AN APPROVAL AND CERTIFICATE OF COMPLIANCE (AERODROME RADIO EQUIPMENT)

There shall be charged and levied for an approval or certificate confirming the compliance of aerodrome radio equipment with the standards and procedures specified by the International Civil Aviation Organisation for an approval or for the issue or renewal of a certificate of compliance a fee of an amount equivalent to the cost of such investigations and work as may be required, subject to a minimum fee of €650 per diem.

SCHEDULE 20 - FEES FOR FLIGHT TESTS

1.       GENERAL

There shall be charged and levied for flight tests conducted to assess the skill of applicants for the grant, renewal or re-issue of various flight crew licences and associated ratings or, where required, for the validation of licences issued by the relevant authorities of other states fees as set out hereunder:

Note: For the purposes of this Schedule, the term “Professional Pilot's Licence” includes a Commercial Pilot's Licence (CPL), or an Airline Transport Pilot's Licence (ATPL).

2.       CLASSIFICATION OF FLIGHT TESTS

For the purposes of this Schedule, flight tests are classified as follows:

(a)      Flight Tests - Group A:

The flight tests in this group are for the grant or, where required, the renewal, re-issue or validation of a Private Pilot's Licence (PPL), a multi-engine rating or an aircraft class or type rating in respect of an aircraft of under 5,700 kgs. Maximum Total Authorised Weight and for the renewal of an Instrument Rating endorsed on any licence.

(b)      Flight Tests - Group B:

The flight tests in this group are for the grant, or, where required, for the renewal, re-issue or validation of a Professional Pilot's Licence and for the grant of a single or multi-engine Instrument Rating or the grant of a Flight Instructor Rating Class 1 or Class 2 in respect of single or multi-engine aircraft of under 5,700 kgs. Maximum Total Authorised Weight.

(c)      Flight Tests - Group C:

The flight tests in this group are for the renewal of a Flight Instructor Rating or the renewal of an Examiner authorisation.

(d)      Flight Tests - Group D:

The flight tests in this group are for the grant, or, where required, for the renewal, re-issue or validation of a Professional Pilot's Licence and for the grant of a single or multi-engine Type Rating or Instrument Rating, or for the grant of an Instructor Rating or the grant of an Examiner authorisation in respect of a single or multi-engine aircraft of over 5,700 kgs. Maximum Total Authorised Weight.

3.       FEES PAYABLE

The amounts listed below are the fees for a flight test.

(a)      Flight Test - Group A:

€360 per candidate

(b)      Flight Test - Group B::

€495 per candidate

(c)      Flight test - Group C::

€230 per candidate

(d)      Flight test Group D:

€640 per candidate

Repeat tests will be charged at 50% of the standard rate.

4.       FEE REDUCTION FOR COMBINED FLIGHT TESTS

Where a candidate intends to take a combined flight test, e.g. a CPL and Instrument rating, the fees for the additional ratings will be 25% of the fee otherwise applicable. The total fee will be rounded up to the nearest whole pound.

5.       SUPPLEMENTARY PROVISIONS FOR FLIGHT TEST FEES

(a)      Failure to attend for flight test:

Where a flight test candidate does not attend for the flight test and such absence has not been excused by prior arrangement with the flight test examiner the candidate's fees shall be forfeited. However, 50% of the fee will be offset against the fee otherwise payable should the candidate apply for another flight test.

(b)      Withdrawal from flight test:

Where a flight test candidate withdraws his flight test application before any costs have been incurred by the flight test examiner, he may be paid a refund of his flight test fee less an administration fee of €35. Where a flight test candidate withdraws his flight test application after costs have been incurred by the flight test examiner, the rules applicable to failure to attend as set out in (a) above shall apply.

(c)      Failure to provide aircraft for flight test

It is the responsibility of the applicant(s) to provide a serviceable, suitable and acceptable aircraft for the flight test(s). Where a flight test examiner attends at a location for a flight test(s) and such test(s) cannot be carried out because of the unavailability of a serviceable, suitable and acceptable aircraft, the sum of €300 shall be forfeited by the candidate.

(d)      Flight tests for heavy aircraft

Fees for flight tests for Aircraft Type ratings or instrument ratings on aircraft which exceed a Maximum Total Authorised Weight of 5,700 kgs. requiring a flight test examiner supplied by the Authority, shall be charged on a cost recovery basis, subject to a minimum of the appropriate flight test fee specified at paragraph 3 above.

(e)      Flight tests for Flight Engineer's Licence

Fees for a flight test, when required, for the grant, renewal, re-issue or validation of a Flight Engineer's Licence shall be charged on a cost recovery basis, subject to a minimum of the appropriate flight test fee specified at paragraph 3 above for “Flight Test - Group B”.

(f)      Skill tests conducted in an aircraft simulator

Fees for skill tests conducted in an aircraft simulator shall be charged on a cost recovery basis subject to a minimum of the appropriate flight test fee for the licence or rating sought as specified in this Schedule.

(g)      Delegated flight tests:

Flight tests delegated to an external flight test examiner may be charged at the rates applicable to the particular flight test as set out in this Schedule.

6.       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

1.       GENERAL

(a)      There shall be charged and levied for the grant, re-issue, renewal, replacement and validation of flight crew licences and associated ratings and for associated flight crew licence and rating services the fees as set out hereunder and in the Appendix hereto.

(b)      For the purposes of this Schedule, the term “Professional Pilot's Licence” includes a Commercial Pilot's Licence (CPL), or an Airline Transport Pilot's Licence (ATPL).

(c)      The fees prescribed are a personal liability on the applicant flight crew member and are payable at the time of application, unless a prior written agreement has been concluded with a particular operator.

(d)      The fees shown in the “Assessment” column in the Appendix to this Schedule shall be payable by a person making an application for a written assessment particular to that applicant of the evidence, examinations, tests, experience or training which the Authority will require that person to provide or undertake in respect of the grant, renewal, extension, endorsement or validation of a flight crew licence or associated ratings.

2.       FEES PAYABLE

(a)      A general schedule of fees payable appears as an Appendix to this Schedule.

(b)      The fees set out in the Schedule are for the period of validity of the licence or rating in question.

(c)      The fee for a general validation of flight crew licences shall not exceed a total of €3000 for a twelve month period or part thereof in respect of each application.

3.       SUPPLEMENTARY PROVISIONS

(a)      Replacement of licences

The fee for the replacement of any licence or rating document or certificate shall be 50% of the fee specified in the Appendix hereto for the grant thereof.

(b)      Variation and alteration of licences and ratings

Fees for a variation, alteration, endorsement of, or removal of a restriction on any licence or rating shall, where not otherwise provided for in the Appendix to this Schedule, be charged on a cost recovery basis subject to a minimum fee of €25.

(c)      Exemption from licences and ratings

Where an exemption is granted from the requirement to hold a licence or rating, the fee for such exemption shall be the fee specified in the Appendix hereto for the grant of the licence or rating in question.

APPENDIX TO SCHEDULE 21

1.       CPL, ATPL and F/E Licences

(Note: After 1^st November, 2000, any Irish national CPL's, ATPL's, FE Licences will be issued for an overall effectivity period of 5 years).

1.1     For the initial issue of an Irish national CPL or an Irish national ATPL licence or an Irish national Flight Engineer (FE) Licence valid for 5 years, including initial type or class rating(s) and instrument rating(s) where these are included in the application and including instructor rating(s) (if transferred from another Irish licence) €252;

1.2     For the initial issue of a JAR-FCL CPL, ATPL or FE licence (effective for 5 years), including an initial type and/or class rating and instrument rating where these are included in the application €301;

1.3     For the re-issue of a CPL, ATPL or FE licence (Irish national or JAR-FCL) valid for 5 years) €173;

1.4     Issue of duplicate replacement CPL, ATPL or FE Licence €58.

2.       Student and Private Pilot Licences

(Note: After 1^st November, 2000, any Irish national SPL's or PPL's will be issued for an overall effectivity period of 5 years).

2.1     For the initial issue of an SPL (effective for 5 years) under Irish national rules for the JAR-FCL system (with effect from 1^st November, 2000) €63;

2.2     For the re-issue of an SPL (effective for 5 years) €63;

2.3     For the initial issue (with effect from 1^st November, 2000) of an Irish national PPL (effective for 5 years), including initial type or class rating(s) and instrument rating(s) where these are included in the application and including instructor rating(s) (if transferred from another Irish licence) €173;

2.4     For the initial issue of a JAR-FCL PPL (effective for 5 years), including initial type or class rating(s) and instrument rating(s) where these are included in the application and including instructor rating(s) (if transferred from another Irish licence) €173;

2.5     For the re-issue of a PPL (Irish national or JAR-FCL) valid for 5 years €110;

2.6     Issue of duplicate replacement CPL, ATPL or FE Licence €63.

3.       Validations of Non-Irish Licences

3.1     Initial issue of Validation €228;

3.2     Subsequent issues of Validation €228.

4.       Ratings

4.1     Addition of an aircraft type/class rating to an existing licence €228;

4.2     For the renewal of an aircraft type/class rating €119;

4.3     Variation of an aircraft type/class rating €119;

4.4     For the inclusion of a subsequent variation of a special authorisation to allow an applicant to fly an aircraft of a type not listed in the JAR-FCL 1 and 2 class and type rating guide €238;

4.5     Inclusion of a flight instructor rating or flight instructor rating (restricted) or assistant flying instructor rating €184;

4.6     Variation of a flight instructor rating, a flight instructor rating (restricted) or assistant flying instructor rating €195;

4.7     Inclusion of a night rating or parachute rating €119.

5.       Assessment

Application for a written assessment, particular to that applicant, of the evidence, examination or tests which the Authority will require in respect of his knowledge, experience, competence or skill in respect of a PPL, CPL or ATPL pilot's licence or FE licence or a rating (other than an instructor rating) contained therein, the applicant shall pay €142.

SCHEDULE 22 - FEES FOR AIRCRAFT MAINTENANCE LICENCES AND BASIC AERONAUTICAL ENGINEERING CERTIFICATES.

(a)     There shall be charged and levied on a person normally resident in the State or a Member State of the European Communities or a person employed by a transport undertaking which has its principal place of business in the State or a Member State of the European Communities, the appropriate fee set out in Appendix 1 to this Schedule for the grant, extension and renewal of a National aircraft maintenance licence and for the grant, variation and renewal of a JAR-66 aircraft maintenance licence and for the grant of a Basic Aeronautical Engineering Certificate specified in the Schedule.

(b)     There shall be charged and levied, in the case of persons other than those specified in (a) above the appropriate fee set out in Appendix 2 to this Schedule for the grant, extension and renewal of National aircraft maintenance licences, for grant, variation and renewal of JAR-66 aircraft maintenance licences and for grant of Basic Aeronautical Engineering Certificates specified in the Schedule.

APPENDIX 1 TO SCHEDULE 22

APPENDIX 2 TO SCHEDULE 22

Late application fee supplements:

Examination applications, accompanied by the appropriate fees should be received at least 30 days before the examination starting date. Where an examination application is received less than 30 days but at least 7 days before the examination starting date, the fees for such an application, if accepted, shall be increased by 20%.

Where an examination application is received less than 7 days before the examination starting date the fees for such application, if accepted, shall be increased by 50%. Where a change is made to an examination application less than 30 days before the examination starting date, the appropriate late application fee supplement as set out above shall be charged for each subject changed.

Withdrawal from and non-attendance at examinations:

A withdrawal from an examination application should be made in writing and if made orally must be confirmed in writing within 5 days.

Where an examination application is withdrawn at least 30 days before the examination starting date there shall not be a cancellation fee.

Where an examination application is withdrawn less than 30 days and more than 7 days before the examination starting date 20% of the fee shall be forfeited.

Where an examination application is withdrawn 7 days or less before the examination starting date 50% of the fee shall be forfeited.

Where a portion of the fee has been forfeited as above the balance will be retained by the Authority and will be set against the fees for future examination applications, unless the applicant requests a refund in writing.

SCHEDULE 23 - FEES FOR AERONAUTICAL EXAMINATIONS

There shall be charged and levied in respect of Aeronautical Examinations, listed in the Appendix to this Schedule and conducted for the purpose of the grant of flight crew licences, or, if required, for the validation of licences issued by the Aeronautical Authorities of other states, the fees specified in the said Appendix.

(a)      Late application fee supplements

Examination applications, accompanied by the appropriate fees, should be received at least 21 days before the examination starting date. Where an examination application is received less than 21 days but at least 7 days before the examination starting date, the fees for such application, if accepted, shall be increased by 20%. Where an examination application is received less than 7 days before the examination starting date, the fees for such application, if accepted, shall be increased by 50%. Where a change is made to an examination application less than 21 days before the examination starting date, the appropriate late application fee supplement as set out above shall be charged for each subject changed.

(b)      Withdrawal from and non-attendance at examinations

(i)     Any withdrawal of an examination application should be made in writing and if made orally must be confirmed in writing within 5 days.

(ii)    Where an examination application is withdrawn at least 21 days before the examination starting date there shall not be a cancellation fee.

(iii)   Where an examination application is withdrawn less than 21 days and more than 7 days before the examination starting date 20% of the fees shall be forfeited.

(iv)   Where an examination application is withdrawn 7 days or less before the examination starting date 50% of the fees shall be forfeited.

(v)   Where an applicant fails to attend at an examination, the fees in respect of that examination shall be forfeited. Where such failure to attend is in respect of a subject(s) the fees in respect of that subject(s) shall be forfeited.

(vi)   Where a portion of the fee has been forfeited under (iii) or (iv) above the balance will be retained by the Authority and will be set against the fees for future examination applications, unless the applicant requests a refund in writing.

(c)      Additional fees

Where it is expedient to hold examinations at times or locations other than those normally appointed, or where the holding of such examinations has been specially requested, the fees may be increased to meet any additional costs. Such increased fees shall be determined by the Authority and notified in advance.

(d)      Miscellaneous

Where an examination is required for the grant, renewal, re-issue or validation of a Flight Engineer's Licence, or of any other licence or rating not otherwise provided for, the fees shall be determined by the Authority and notified in advance.

APPENDIX TO SCHEDULE 23

Note (1): Where candidates are taking ATPL exams without having passed all of the CPL subjects, they may be required to take some of the CPL subjects (e.g. Air Law, Performance “A”, Signals) and these will be charged at the relevant CPL rates.

Note (2): All Type Technical exams are charged separately.

SCHEDULE 24 - FEES FOR MEDICAL EXAMINATIONS

There shall be charged and levied:

(a)    For a Special Medical Review a fee equal to the cost to the Authority of such review;

(b)    For a colour perception test (Aeronautical Ground Lights), a fee of €100.

SCHEDULE 25 - FEES FOR GRANT OF PERMISSIONS FOR BALLOONS

1.       There shall be charged and levied for the grant of permissions for the tethered or free flight of manned or unmanned balloons the fees as set out at paragraph 2 below.

2.       (a)    For permission to operate a tethered or free manned balloon for aerial work purposes, a fee of €90 for any single operation, or a fee of €150 for a number of operations at a single event, or a fee of €600 for an unlimited number of operations performed within a period of one year in accordance with conditions specified by the Authority.

(b)    For permission to operate a tethered or free manned balloon for private purposes, a fee of €50 for any single operation, or a fee of €79 for a number of operations at a single event, or a fee of €289 for an unlimited number of operations performed within a period of one year in accordance with conditions specified by the Authority.

(c)    For permission to operate a tethered unmanned balloon or balloons for aerial work or private purposes, a fee of €50 for a single operation, or a fee of €79 for a number of operations at a single event, or a fee of €305 for an unlimited number of operations performed within a period of one year in accordance with conditions specified by the Authority.

(d)    For permission to release a free unmanned balloon or balloons for aerial work or private purposes (other than (a) balloon(s) operated by the State Meteorological Services) a fee of €50 for a single operation, or a fee of €79 for a number of operations at a single event, or a fee of €305 for an unlimited number of operations performed within a period of one year in accordance with conditions specified by the Authority.

(e)    In relation to paragraph (d) above, no fee shall be payable for the grant of permission for the release of up to 2,000 balloons at any point within the State, provided such point is not closer than 5 nautical miles from a licensed aerodrome or a State aerodrome, and provided that such balloons do not exceed five hundred centimetres in any linear dimension, are made of standard rubber and have no metal tag or ribbon attached.

3.       The fees prescribed in this Schedule may be waived if such activities have been approved and given general permission under the terms of an Operations Manual for which the appropriate fees have been paid in accordance with the provisions of Schedule 11 or Schedule 27 of this Order.

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

1.       There shall be charged and levied for the grant of permissions, authorisations or approvals for parachuting activities the fees as set out at paragraph 2 below.

2.       (a)    For the grant of a Parachute Display Permit, a fee of an amount equivalent to the cost of such investigations and work as may be required, subject to a minimum fee of €50;

(b)    For the grant or renewal of a General or Restricted Parachutist's permit, a fee of €40 per two year period for an individual;

(c)    For the grant or renewal to an organisation of a Delegated Permission for Parachute Descents under supervision, a fee of an amount equivalent to the cost of such investigations and work as may be required, subject to a minimum fee of €630.

SCHEDULE 27 - FEES FOR AERIAL WORK OPERATIONS

1.       (a)    There shall be charged and levied for the examination and acceptance of the Operations Manual and the Maintenance Manual in respect of an of an aerial work aircraft and for the grant of any permissions or exemptions the fees as set out at paragraph 2 below.

(b)    For the purposes of this Schedule:

“aerial work aircraft” means an aircraft, not being a public transport aircraft or an aircraft flying in accordance with the proviso to paragraph (2) of Article 2 of the Irish Aviation Authority (Personnel Licensing) Order, 2000 ( S.I. No. 333 of 2000 ), which is being flown for payment required to be made, or promised to the operator of the aircraft, being a payment for the flight or in respect of the purpose for which the flight is undertaken.

2.       (a)    For the initial examination and the acceptance of the Operations Manual and a Maintenance Manual in respect of an aerial work aircraft registered in the State, a fee of an amount equivalent to the cost of such investigations and work as may be required, subject to a minimum fee of €660.

(b)    For the grant or renewal of a permission for an aerial work aircraft registered in the State, a fee of €125 per application.

(c)    For each application for a variation in the terms of the Operations Manual and Maintenance Manual for an aerial work aircraft so as to include a new form of aerial work, a fee of an amount equivalent to the cost of such investigations and work as may be required, subject to a minimum fee of €125.

(d)    For each application for a variation in the terms of an existing Operations Manual and Maintenance Manual for an aerial work aircraft so as to apply it to another aircraft type, a fee of an amount equivalent to the cost of such investigations and work as may be required, subject to a minimum fee of €125.

(e)    For the grant of an exemption(s) from any of the requirements for aerial work aircraft, a fee of an amount equivalent to the cost of such investigations and work as may be required, subject to a minimum fee of €220.

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

1.       There shall be charged and levied in connection with the approval of Synthetic Training Devices, Type Rating Examiners and Flight Training Organisations the fees as set out at paragraph 2 below.

2.       (a)    For the grant or renewal of an STD Qualification for a Synthetic Training Device, for use by an air transport operator, the cost of such investigations and work as may be required by the Authority, subject to the following minimum fees:

€8400 for a Flight Simulator; €5950 for a Flight Training Device; €3100 for a Flight and Navigation Procedures Trainer and €1050 for an “Other Training Device”; with an additional charge, where the work concerned is located in another state, of €698 per diem plus the cost of travel and subsistence for each Authority Inspector required, and for the grant of an approval to use an already Qualified Synthetic Training Device, a fee of €99 per application.

(b)    For the approval of a company Type Rating Instructor or Examiner, a Synthetic Flight Training Instructor or Examiner or a Flight Engineer Instructor or Examiner, a fee of €660 per person for every three year period of the approval.

(c)    For the approval and its annual renewal for a Flight Training Organisation or Type Rating Training Organisation conducting training for Commercial Flight Crew Licences and associated ratings in accordance with JAR-FCL, the cost of such investigations and work as may be required by the Authority subject to a minimum fee of €5775.

SCHEDULE 29 - MISCELLANEOUS FEES AND CHARGES

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 €99.

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, 2002, and gives effect to the designation of fees for aeronautical licences, certificates, approvals and permits issued throughout 2004.

¹ OJ L 240,07.09.2002,p. I

² For an EASA approval submission