Civil Aviation Authority
TRANSPORT ACT 2000
CHARGES FOR AIR SERVICES
SPECIFICATION BY THE CIVIL AVIATION AUTHORITY
THE CIVIL AVIATION AUTHORITY (EUROCONTROL CHARGES) SPECIFICATION 2006
TAKING EFFECT ON 1 JANUARY 2006
The Civil Aviation Authority (“CAA”), in exercise of the powers conferred by
sections 73, 74, 75 and 78 of the Transport Act 2000 (a), hereby makes the following Specification: Citation and commencement 1. This Specification may be cited as the Civil Aviation Authority (Eurocontrol Charges)
Specification 2006 and shall take effect on 1 January 2006. Revocation 2. The Civil Aviation Authority (Eurocontrol Charges) Specification 2005 is hereby
revoked. Interpretation 3.-(1) In this Specification — “AIP” in relation to a country other than the United Kingdom means a document
in force at the date of the making of this Specification, entitled “Aeronautical Information
Publication” or “AIP” and published under the authority of that country; “Eurocontrol”
has the meaning given by section 24 of the Civil Aviation Act 1982 (b); “FIR” means “Flight Information Region”; “specified airspace” means the
airspace of a FIR described as set forth in columns (1) and (2) of the Schedule hereto;
“United Kingdom Air Pilot” means the document so entitled in force at the date
of the making of this Specification and published under the authority of the CAA.
(2) Unless otherwise defined in this Specification and unless the context otherwise
requires, expressions used in this Specification shall have the same respective meanings
as in the Transport Act 2000 and the Air Navigation Order 2005 (c). Charge to be paid to Eurocontrol 4.-(1) Subject to the provisions of this Specification the operator of any aircraft
(in whatsoever State it is registered) for which chargeable air services are made
available in a specified airspace shall pay to Eurocontrol, in respect of each flight
by that aircraft in that airspace, a charge for those services (hereinafter referred
to as “the charge”) at the appropriate rate calculated in accordance with paragraph
7 of this Specification. (2) The operator of an aircraft shall not be required to pay any charge to Eurocontrol
under this Specification in respect of a flight if he has previously paid to Eurocontrol
in respect of that flight a charge of the same or a greater amount under the law of
a country specified in column 1 of the Schedule hereto. Circumstances in which charges are payable by the owner 5. If Eurocontrol is unable, after taking reasonable steps, to ascertain who is the
operator, it may give notice to the owner of the aircraft that it will treat him as
the operator for the purposes of paragraph 4(1) until he establishes to the reasonable
satisfaction of Eurocontrol that some other person is the operator; and from the time
when the notice is given Eurocontrol shall be entitled, for so long as the owner is
unable to establish as aforesaid that some other person is the operator, to treat
the owner as if he were the operator, and for that purpose the provisions of this
Specification (other than this paragraph) shall apply to the owner of the aircraft
as if he were the operator. Payment 6.-(1) The amount of the charge shall be payable to Eurocontrol at its principal office
in Brussels and shall be paid in euros. (2) The equivalent in sterling of the charge may be recovered in any court of competent
jurisdiction in the United Kingdom. (3) If the amount of the charge payable under
paragraph 4(1) is not paid in cleared funds by the operator of the aircraft within
30 days of the date payment is demanded by Eurocontrol, interest calculated in accordance
with sub-paragraph (4) below on the unpaid amount shall be paid from that day until
the date when cleared funds are received by Eurocontrol. (4) Interest payable under
sub-paragraph (3) shall be simple interest calculated from day to day at the rate
of 7.17%. (5) Nothing in this Specification shall prevent Eurocontrol from accepting
as a good discharge payment other than in euros or at places other than the principal
office of Eurocontrol. Calculation of the Charge 7.-(1) The charge shall be calculated in euros according to the following formula
—
where r is the charge for the flight, N is the number of service units relating to
that flight and U is the appropriate unit rate specified in column 3 of the Schedule
hereto in relation to the specified airspace through which the flight is made, increased
or decreased as the case may be by the same percentage as the relevant national currency
has increased or decreased against the euro as compared with the rate of exchange
specified in column 4 of the said Schedule in relation to that airspace. (2) For
the purpose of the preceding sub-paragraph, the number of service units relating to
a flight shall be calculated in accordance with the following formula —
where d is the distance factor for the flight in the specified airspace in question
and p is the weight factor for the aircraft concerned. (3) For the purposes of the
preceding sub-paragraph — (a) the distance factor shall be the number of kilometres
in the great circle distance between the points specified in sub-paragraph (4) of
this paragraph minus 20 kilometres for each landing and take-off in the specified
airspace in question, divided by 100 and expressed to two places of decimals, and
(b) the weight factor, subject to the provisions of sub-paragraphs (6) and (7)
of this paragraph, shall be equal to the square root of the quotient obtained by dividing
by 50 the number of metric tonnes of the maximum total weight authorised of the aircraft
and shall be expressed to two places of decimals. (4) The points referred to in
sub-paragraph (3) of this paragraph are — (a) the aerodrome of departure within
the specified airspace in question or, if there is no such aerodrome, the point of
entry into that airspace; and (b) the aerodrome of first destination within the
specified airspace in question or, if there is no such aerodrome, the point of exit
from that airspace. (5) For the purposes of the preceding sub-paragraph, the point
of entry into the specified airspace in question and the point of exit from that airspace
shall be the points at which the lateral limits of the said airspace are crossed by
the route described in the flight plan communicated by or on behalf of the operator
of the aircraft either to the appropriate air traffic control unit or to the Flow
Management Unit of Eurocontrol with any modifications thereto subsequently made or
approved by or on behalf of the operator. (6) Subject to sub-paragraph (7) below,
the weight factor for an aircraft of any type shall be calculated by reference to
the maximum total weight authorised of the heaviest aircraft of that type. (7) Where
an operator has indicated to Eurocontrol, within the period of one year immediately
preceding the flight, the composition of the fleet of aircraft which he operates and
which includes two or more aircraft which are different versions of the same type
of aircraft, the weight factor shall be calculated by reference to the average of
the maximum total weight authorised of all his aircraft of that type so indicated
to Eurocontrol. (8) For the purposes of this paragraph the rate of exchange of the
euro to a national currency shall be the average monthly rate of exchange of the euro
to that national currency established by Eurocontrol for the month preceding the month
during which the flight takes place.
Exempt Flights 8. This Specification shall not apply to the following flights — (a) flights by military aircraft; (b) flights made for the purposes of search
and rescue operations; (c) flights by aircraft of which the maximum total weight
authorised is 5,700kg or less made entirely in accordance with the Visual Flight Rules
in the Rules of the Air Regulations 1996
(d) ; (d) flights terminating at the aerodrome from which the aircraft has taken
off; (e) flights other than the flights referred to in sub-paragraph (a) of this
paragraph made exclusively for the purpose of the carriage on official business of
a reigning Monarch or his immediate family, a Head of State, a Head of Government
or a Government Minister; (f) flights made exclusively for the purpose of checking
or testing equipment used or intended to be used as aids to air navigation; (g) flights
made exclusively for the purpose of the instruction or testing of flight crew within
the specified airspace of the United Kingdom; (h) flights made by aircraft of
which the maximum total weight authorised is less than two metric tonnes; (i) flights
made by helicopters between any point in the United Kingdom to a vessel or an off-shore
installation within the area bounded by straight lines joining successively the following
points—
6300N 00500W; 632833N 000000EW; thence south along the UK Median Line to 5500N 00302E;
5500N 00100W; 5600N 00230W; 5740N 00230W; 5740N 00400W; 5830N 00400W; 5830N 00500W;
6300N 00500W;
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(j) flights made by helicopters between any point in the United Kingdom to a
vessel or an off-shore installation within the area bounded by straight lines joining
successively the following points—
5500N 00100W; 5500N 00300E; 5423N 00245E; 5256N 00309E; 5230N 00247E; 5226N 00137E;
5238N 00140E; 5251N 00124E; 5319N 00010E; 5500N 00100W.
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Value Added Tax Charge 9. For the purposes of this Specification in respect of value added tax payable on
the provision of chargeable air services for which a charge is payable pursuant to
this Specification there shall be charged an additional charge equal to the amount
of such tax and the incidence of the first mentioned charge shall determine the incidence
of the additional charge. By Order of the Civil Aviation Authority
R J Britton, Secretary and Legal Adviser, Civil Aviation Authority, CAA House, 45-59
Kingsway, London WC2B 6TE. 7 December 2005. Schedule Paragraphs 3(1), 4(2) and 7(1) SPECIFIED AIRSPACES
(1) Country |
(2) Publication in which FIRs are described |
(3) Unit Rate in euros |
(4) Established at a Rate of exchange of |
Albania |
AIP Albania |
43.28 |
1 euro = 123.513 ALL |
Austria |
AIP Austria |
58.93 |
Belgium and Luxembourg |
AIP Belgique |
76.95 |
Bosnia and Herzegovina |
AIP Bosnia and Herzegovina |
37.94 |
1 euro = 1.95350 BAM |
Bulgaria |
AIP Bulgaria |
48.85 |
Croatia |
AIP Croatia |
52.70 |
1 euro = 7.43393 HRK |
Cyprus |
AIP Cyprus |
33.67 |
1 euro = 0.572268 £Cy |
Czech Republic |
AIP Czech Republic |
34.96 |
1 euro = 29.2930 CZK |
Denmark |
AIP Denmark |
55.12 |
1 euro = 7.45580 DKr |
Finland |
AIP Finland |
38.24 |
France |
AIP France (France Métropolitaine) |
60.13 |
Germany |
AIP Germany |
63.30 |
Greece |
AIP Greece |
41.82 |
Hungary |
AIP Hungary |
31.46 |
1 euro = 245.790 Hf |
Ireland, Republic of |
AIP Ireland |
28.16 |
Italy |
AIP Italy |
67.67 |
Former Yugoslav Republic of Macedonia |
AIP FYROM |
63.17 |
1 euro = 58.7068 MKD |
Malta |
AIP Malta |
33.73 |
1 euro = 0.428441 Lm |
Moldova |
AIP Moldova |
38.32 |
1 euro = 15.3287 MDL |
Netherlands |
AIP Netherlands |
49.38 |
Norway |
AIP Norway |
56.64 |
1 euro = 7.80493 NKr |
Portugal |
AIP Portugal |
Lisbon FIR-49.21 Santa Maria FIR-14.64 |
Romania |
AIP Romania |
39.63 |
Slovakia |
AIP Slovakia |
39.15 |
1 euro = 38.4423 SKK |
Slovenia |
AIP Slovenia |
57.30 |
1 euro = 239.427 SIT |
Spain |
AIP Espana |
Madrid & Barcelona FIR-72.64 Canaries FIR-66.46 |
Sweden |
AIP Sweden |
42.48 |
1 euro = 9.32961 SKr |
Switzerland |
AIP Switzerland |
69.88 |
1 euro = 1.54938 SF |
Turkey |
AIP Turkey |
27.26 |
United Kingdom |
United Kingdom Air Pilot* |
81.70 |
1 euro = £0.677332 |
* Excluding Shanwick FIR
EXPLANATORY NOTE (This note is not part of the Specification) This Specification revokes and replaces the Civil Aviation Authority (Eurocontrol
Charges) Specification 2005. The Secretary of State for Transport, in pursuance of
tariffs approved under the Eurocontrol Convention (Cmnd. 8662) and under the Multilateral
Agreement relating to Route Charges concluded at Brussels on 12 February 1981 (Cmnd.
8662) (being international agreements to which the United Kingdom is a party) has
determined rates of charges, as specified in the Specification, payable to Eurocontrol
in respect of chargeable air services provided for aircraft. The unit rates in euros
set out in the Schedule are calculated by reference to the costs of provision of en-route
navigation services in the participating countries in the Eurocontrol charges system,
the amount of traffic using each country’s airspace and the relationship of each country’s
currency to the euro over a period agreed by Ministers of the participating countries.
The interaction of these elements varies in each country. In calculating the revised
charges the average of the exchange rates between the euro and the currencies of the
participating countries obtaining in the month of September 2005 have been used. The
interest rate payable is increased from 7.13% to 7.17% (paragraph 6(4)). The United
Kingdom Air Pilot and the Foreign Aeronautical Information Publications referred to
in the Specification can be purchased from Tangent Limited, 37 Windsor Street, Cheltenham,
Glos GL52 2DG and can be inspected at major aerodromes in the United Kingdom. The
office of Eurocontrol is at Rue de la Fusée, 96 B-1130, Brussels.
(a) 2000 c.38. (b) 1982 c.16. (c) S.I. 2005/1970. (d) S.I. 1996/1393, as amended by S.I. 1999/1323, S.I. 2000/1994, S.I. 2001/917,
S.I. 2003/64, S.I. 2005/964 and S.I. 2005/1110.