Civil Aviation Authority
TRANSPORT ACT 2000
CHARGES FOR AIR SERVICES
SPECIFICATION BY THE CIVIL AVIATION AUTHORITY
THE CIVIL AVIATION AUTHORITY (EUROCONTROL CHARGES) SPECIFICATION 2007
TAKING EFFECT ON 1ST January 2007
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 2007 and shall take effect on 1st January 2007. Revocation 2. The Civil Aviation Authority (Eurocontrol Charges) Specification 2006 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 8.13%. (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
— r = N x U 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 — N = d x
p 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 5700kg 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 sub-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;
(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. 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. 20 December 2006
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 |
42.48 |
1 euro = 122.938 ALL |
Austria |
AIP Austria |
58.05 |
Belgium and Luxembourg |
AIP Belgique |
70.95 |
Bosnia and Herzegovina |
AIP Bosnia and Herzegovina |
39.08 |
1 euro = 1.94355 BAM |
Bulgaria |
AIP Bulgaria |
48.44 |
Croatia |
AIP Croatia |
49.55 |
1 euro = 7.38988 HRK |
Cyprus |
AIP Cyprus |
35.61 |
1 euro = 0.575738 £Cy |
Czech Republic |
AIP Czech Republic |
40.91 |
1 euro = 28.3398 CZK |
Denmark |
AIP Denmark |
55.11 |
1 euro = 7.45711 DKr |
Finland |
AIP Finland |
38.23 |
France |
AIP France (France Métropolitaine) |
60.97 |
Germany |
AIP Germany |
67.37 |
Greece |
AIP Greece |
44.18 |
Hungary |
AIP Hungary |
28.09 |
1 euro = 274.128 Hf |
Ireland, Republic of |
AIP Ireland |
24.95 |
Italy |
AIP Italy |
67.66 |
Former Yugoslav Republic of Macedonia |
AIP FYROM |
67.04 |
1 euro = 61.1357 MKD |
Malta |
AIP Malta |
34.81 |
1 euro = 0.428705 Lm |
Moldova |
AIP Moldova |
42.16 |
1 euro = 16.9080 MDL |
Netherlands |
AIP Netherlands |
47.67 |
Norway |
AIP Norway |
62.74 |
1 euro = 8.26498 NKr |
Portugal |
AIP Portugal |
Lisbon FIR-48.22 Santa Maria FIR-13.29 |
Romania |
AIP Romania |
39.55 |
Slovakia |
AIP Slovakia |
37.86 |
1 euro = 37.4609 SKK |
Slovenia |
AIP Slovenia |
60.77 |
Spain |
AIP Espana |
Madrid & Barcelona FIR-76.64 Canaries FIR-67.75 |
Sweden |
AIP Sweden |
46.28 |
1 euro = 9.26809 SKr |
Switzerland |
AIP Switzerland |
71.78 |
1 euro = 1.58342 SF |
Turkey |
AIP Turkey |
26.85 |
United Kingdom |
United Kingdom Air Pilot* |
81.38 |
1 euro = £0.675005 |
* 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 2006. 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 12th 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 2006 have been used. The
interest rate payable is increased from 7.17% to 8.13% (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, to which there is an amendment not relevant to this Specification.
(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.