LegalizeCommission Implementing Regulation (EU) 2025/2347 of 21 November 2025 on the fees and charges levied by the European Union Aviation Safety Agency, and repealing Implementing Regulation (EU) 2019/2153
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) 2018/1139 of the European Parliament and of the Council of 4 July 2018 on common rules in the field of civil aviation and establishing a European Union Aviation Safety Agency, and amending Regulations (EC) No 2111/2005, (EC) No 1008/2008, (EU) No 996/2010, (EU) No 376/2014 and Directives 2014/30/EU and 2014/53/EU of the European Parliament and of the Council, and repealing Regulations (EC) No 552/2004 and (EC) No 216/2008 of the European Parliament and of the Council and Council Regulation (EEC) No 3922/91 (1), and in particular Article 126(4) thereof,
Whereas:
(1) Pursuant to Article 120(1) of Regulation (EU) 2018/1139, the revenues of the European Union Aviation Safety Agency (‘the Agency’), include, among other items, the fees paid by applicants for, and holders of, certificates issued by the Agency, and by persons who have registered declarations with the Agency, and charges for publications, handling of appeals, training and any other service provided by the Agency.
(2) Commission Implementing Regulation (EU) 2019/2153 (2) set out the fees and charges to be levied by the Agency. However, the tariffs are to be adjusted in order to achieve recovery of the full cost of the activities related to the services delivered by the Agency while avoiding significant accumulation of surplus, in accordance with Article 126(2) of Regulation (EU) 2018/1139.
(3) On the one hand, the adjusted fees and charges should be set in a transparent, fair, non-discriminatory and uniform manner, and should take into account the Agency’s forecasts as regards its workload, related costs and other relevant factors. On the other hand, fees and charges levied by the Agency should not jeopardise the competitiveness of the Union industry concerned. Likewise, they should be established on a basis which takes due account of the ability of the legal or natural persons concerned, in particular micro, small and medium-sized enterprises (SMEs), to pay the fees.
(4) Recognising the operational, financial and administrative constraints faced by SMEs, it is appropriate to apply requirements and processes that are proportionate to their specificities and alleviate undue administrative burden. Regulatory technical requirements in the area of initial and continuing airworthiness, personnel licensing and training, air operations, air navigation services and equipment certification and related certification processes are therefore scaled or simplified for SMEs. The fee structure is adapted to the size and complexity for the related product or organisational approval. Besides, the Agency is providing guidance and support in the implementation of such requirements.
(5) While civil aviation safety should be the prime concern, the Agency should nevertheless take full account of cost efficiency when conducting the tasks incumbent on it, having regard to the scope of those tasks as laid down in Regulation (EU) 2018/1139, and the resources available to it.
(6) The Agency should be entitled to levy fees and charges for certification tasks or the provision of other services which are not specifically mentioned in the Annex to this Regulation, but which are within the scope of Regulation (EU) 2018/1139 or are imposed on the Agency under other relevant Union legislation, to finance associated costs.
(7) Agreements referred to in Article 68(1) of Regulation (EU) 2018/1139 usually provide a basis for the evaluation of the actual workload involved in the certification of third countries’ products. In principle, the process for validation by the Agency of certificates issued by a third country with which the Union has an appropriate agreement is described in such agreement and results in a workload that differs from the workload required for certification activities by the Agency. This is primarily because the Agency may rely, to a certain extent, on the certification activities already conducted by the third-country authority under the terms of the relevant agreement, thereby reducing the amount of work required from the Agency. Therefore, it is necessary to adjust the applicable fees to reflect the nature of the workoload associated which such validations.
(8) In order to ensure legal certainty, administrative efficiency and sound financial management, time limits for the payment of fees and charges levied under this Regulation should be fixed.
(9) In the interest of financial fairness and proportionality, when an application is rejected, or where performance of a task related to an application is interrupted or terminated, the fees payable should be fixed at an appropriate amount that takes into account the reduced workload.
(10) It is appropriate that when the Agency temporarily delays the initiation of the evaluation and processing of a new application, the applicable fees should be charged only upon the commencement of the Agency’s activities.
(11) In order to contribute to fees and charges being recovered to the fullest extent possible, appropriate remedies in cases of non-payment and risk of non-payment should be laid down.
(12) The geographical location of undertakings in the territories of the Member States should not be a discriminatory factor. Consequently, the travel expenses related to the certification tasks carried out for such undertakings should be aggregated and divided among the applicants.
(13) Applicants should be able to request an estimate of the amount to be paid for the certification tasks and services, to increase predictability. In certain cases, the preparation of the estimate requires the Agency to perform a prior technical analysis. It is justified for the Agency to be remunerated for the cost of that analysis accordingly.
(14) To discourage unfounded or dilatory appeals and ensure procedural fairness, full payment of the charges for an appeal against decisions of the Agency should be a prerequisite for the appeal to be admissible.
(15) While this Regulation should enable industry to anticipate the level of the fees and charges it will be required to pay, it is necessary to regularly examine whether its terms need to be revised, in accordance with Article 126(3) of Regulation (EU) 2018/1139.
(16) In order to provide interested parties with an insight into the rationale behind the fees, they should be informed about how the fees are calculated. They should also be consulted prior to any change of fees, in order to explain the reasons for any proposed change.
(17) On 9 July 2025, the Commission consulted the Management Board of the Agency in accordance with Article 98(2), point (i), of Regulation (EU) 2018/1139. On 10 September 2025, the Management Board expressed its favourable opinion.
(18) Given the number of amendments and in the interest of clarity and legal certainty, Implementing Regulation (EU) 2019/2153 should be repealed.
(19) To ensure a smooth transition from the rules laid down in Implementing Regulation (EU) 2019/2153 to those laid down in this Regulation, in particular with regard to ongoing procedures, transitional provisions should be laid down.
(20) The measures provided for in this Regulation are in accordance with the opinion of the committee established by Article 127(1) of Regulation (EU) 2018/1139,
HAS ADOPTED THIS REGULATION:
CHAPTER I
GENERAL PROVISIONS
Article 1
Subject matter
This Regulation sets out the matters for which fees and charges are due to the Agency, the amount of the fees and charges and the way in which they are to be paid.
Article 2
Definitions
For the purposes of this Regulation, the following definitions shall apply:
(1) ‘fees’ means the amounts levied by the Agency and payable by applicants for certification tasks;
(2) ‘charges’ means the amounts levied by the Agency for services provided other than certification tasks;
(3) ‘certification task’ means any activity carried out by the Agency directly or indirectly for the purposes of issuing, maintaining or amending certificates and registering, maintaining and amending declarations pursuant to Regulation (EU) 2018/1139 [and the delegated and implementing acts adopted on the basis of that Regulation];
(4) ‘service’ means any activity carried out by the Agency other than certification tasks, including the supply of goods or provision of technical advice;
(5) ‘applicant’ means any natural or legal person that requests a certification task or a service provided by the Agency;
(7) ‘certification specification’ or ‘CS’ means a certification specification adopted pursuant to Article 76(3) of Regulation (EU) 2018/1139 and published on the Agency’s website.
(8) ‘VTOL’ means rotorcraft or any other heavier-than-air aircraft that has the capability of vertical take-off and/or vertical landing;
(9) ‘HTOL’ means any heavier-than-air aircraft that is not a VTOL;
(10) ‘VTOL Large’ means CS-29 and CS-27 CAT A rotorcraft;
(11) ‘VTOL Small’ means CS-27 rotorcraft with maximum take-off weight (MTOW) below 3 175 kg and limited to 4 seats, excluding pilot;
(12) ‘VTOL Medium’ means other CS-27 rotorcraft;
(13) ‘VTOL Very Light’ means rotorcraft of simple design with MTOW below 600 kg, limited to 2 seats including pilot, not powered by turbine and/or rocket engines and restricted to VFR day operations;
(14) ‘rotorcraft’ means power-driven, heavier-than-air aircraft that depend principally for their support in flight on the lift generated by up to two rotors;
(15) ‘VTOL-capable aircraft’ or ‘VCA’ means power-driven, heavier-than-air aircraft, other than aeroplane or rotorcraft, capable of performing vertical take-off and landing by means of lift and thrust units used to provide lift during take-off and landing;
(16) ‘high-performance aircraft in the weight category up to 5 700 kg’ means aeroplanes that have an MMO (Maximum Operating Mach number) greater than 0,6 and/or a maximum operating altitude above 25 000 ft;
(18) ‘airships medium’ means gas airships with a volume between 2 000 m3 and 20 000 m3;
(19) ‘airships large’ means gas airships with a volume of more than 20 000 m3.
Article 3
Determination of fees and charges
The fees and charges shall be demanded and levied by the Agency only in accordance with this Regulation.
Unless otherwise provided for in this Regulation, fees and charges shall be calculated at the hourly rate indicated in Part II of the Annex.
Member States shall not levy fees for the tasks conducted by the Agency, even if they carry out those tasks on behalf of the Agency. The Agency shall reimburse Member States for the tasks they carry out on its behalf.
Fees and charges shall be denominated and payable in euros.
The amounts referred to in Parts I, II and IIa of the Annex shall be indexed, with effect on 1 January each year, to the inflation rate in accordance with the method set out in Part IV of the Annex.
By way of derogation from the fees referred to in the Annex, fees for certification tasks performed in the context of a bilateral agreement between the Union and a third country may be subject to dedicated provisions stipulated in the respective bilateral agreement.
Article 4
Payment of fees or charges
The Agency shall establish the terms of payment of fees and charges, outlining under which conditions the Agency charges for certification tasks and services. The Agency shall publish the terms on its website.
The applicant shall pay the amount due in full, within 30 calendar days from the date on which the invoice is notified to the applicant.
Where the Agency has not received payment of an invoice within the time period referred to in paragraph 2, the Agency may charge interest for each calendar day of delay.
The interest rate shall be the rate applied by the European Central Bank to its principal refinancing operations, as published in the C series of the Official Journal of the European Union, in force on the first calendar day of the month in which the due date falls, increased by eight percentage points.
Article 5
Rejection or termination for financial reasons
The Agency may:
(a) reject an application if the fees or charges due have not been received upon the expiry of the time period provided for in Article 4(2);
(b) reject or terminate an application where there is evidence that the applicant’s financial ability is at risk, unless the applicant provides a bank guarantee or secured deposit;
(c) reject or terminate an application in the cases referred to in Article 8(4), second subparagraph;
(d) reject a request for the transfer of a certificate or a request for change of ownership, where payment obligations arising out of certification tasks performed or services provided by the Agency have not been fulfilled.
Before proceeding in accordance with paragraph 1, the Agency shall consult the applicant on the Agency’s intended measure.
The Agency may provide for other grounds for rejecting or terminating an application in its rules of procedure, including but not limited to:
(a) failure of the applicant to comply with applicable requirements set out in Regulation (EU) 2018/1139 and in the delegated and implementing acts adopted on the basis thereof;
(b) a lack of resources within the applicant`s structure to ensure that all activities of the organisation can be carried out in accordance with Regulation (EU) 2018/1139 and its delegated and implementing acts.
Article 6
Travel expenses
Travel expenses incurred in the context of the certification tasks and provision of the services shall be charged exclusively in accordance with Part VI of the Annex.
Article 7
Financial estimate
Upon request by an applicant, and subject to paragraph 2, the Agency shall provide a financial estimate of fees or charges to be paid by the applicant.
Where the financial estimate referred to in paragraph 1 requires a prior technical analysis by the Agency due to the expected complexity of the project, the analysis shall be charged on an hourly basis, under an agreement to be signed between the applicant and the Agency.
Upon the applicant’s request, Agency activities shall be suspended until the financial estimate referred to in paragraph 1 has been provided by the Agency and accepted by the applicant.
The financial estimate referred to in paragraph 1 shall be amended by the Agency in any of the following situations:
(a) the task is simpler or can be carried out faster than initially foreseen;
(b) the task is more complex and takes longer to carry out than the Agency could reasonably have foreseen.
CHAPTER II
FEES
Article 8
General provisions as regards payment of fees
Performance of certification tasks shall be subject to prior payment of the full amount of the fee due, unless the Agency decides otherwise after due consideration of the financial risks involved. The Agency may invoice the fee in one instalment after having received the application or at the start of the annual or surveillance period.
The fee to be paid by the applicant for a given certification task shall consist of one of the following:
(a) a flat fee as set out in Part I of the Annex;
(b) a variable fee.
The variable fee referred to in paragraph 2, point (b), shall be established by multiplying the actual number of working hours by the hourly rate set out in Part II of the Annex.
Where justified by technical circumstances relevant to the fees and subject to the agreement of the applicant, the Agency may:
(a) reclassify an application within the categories identified in the Annex;
Where the applicant does not agree to the reclassification proposed, the Agency may reject or terminate the application or applications concerned.
Article 9
Billing periods
Fees referred to in Part I, Tables 1, 2, and 3, of the Annex shall be levied per application and per billing cycle. For the period after the first billing cycle, the fees shall be 1/365th of the relevant annual fee per day.
Fees referred to in Part I, Table 4, of the Annex shall be levied per application.
Fees referred to in Part I, Table 7A, of the Annex shall be levied as follows:
(a) authorisation fees and one-off notification fees, per application;
(b) monitoring fees, per billing cycle.
Fees referred to in Part I, Table 8, of the Annex shall be levied per billing cycle.
Approval fees referred to in Part I, Table 9A, of the Annex shall be levied per application and per billing cycle.
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