Guide for users of the air navigation charges

Transcription

1 MINISTÈRE DE L ÉCOLOGIE, DU DÉVELOPPEMENT DURABLE ET DE L ÉNERGIE Guide for users of the air navigation charges Guide for users of the air navigation charges 1

2 1 INTRODUCTION TERMINAL NAVIGATION CHARGE (RSTCA) DEFINITION OF THE TERMINAL NAVIGATION CHARGE HOW IS IT CALCULATED? Calculation of the weight coefficient The unit rate EXEMPTIONS AERODROMES SUBJECT TO THE APPLICATION OF THE RSTCA BILLING TERMS OF PAYMENT Claims Penalties for late payments OVERSEAS CONTACTS ROUTE CHARGE DEFINITION OF THE ROUTE CHARGE HOW IS IT CALCULATED? Calculation of the distance coefficient Calculation of the weight coefficient The unit rate EXEMPTIONS CHARGING ZONE UNDER FRENCH COMPETENCE BILLING TERMS OF PAYMENT Claims Penalties for late payments CONTACTS OCEANIC CHARGE DEFINITION OF THE OCEANIC CHARGE HOW IS IT CALCULATED? Calculation of the distance coefficient Calculation of the weight coefficient The unit rate EXEMPTIONS BILLING TERMS OF PAYMENT Claims CONTACTS EXEMPLES OF CALCULATION DOMESTIC FLIGHT OVERFLIGHT FLIGHT ON ARRIVAL FLIGHT ON DEPARTURE Guide for users of the air navigation charges 2

3 1 INTRODUCTION Three charges are levied as regards air navigation: route charges, terminal navigation charges (RSTCA) and oceanic charges. Route charges represent the remuneration for the use of the facilities and services, implemented by the French State above the metropolitan territory and in its vicinity, for the en-route air traffic safety and the speed of its movements, including radio-communication and meteorological services. These charges are calculated and collected by Eurocontrol in the name of the 40 states members of the multilateral agreement on route charges. This international framework imposes homogeneous rules of calculation for all of the member states. Each flight is characterised by a number of service units, to which apply unit rates depending on the states flown over. For a flight, the number of service units is proportional to the distance covered and function of the maximum takeoff weight of the aircraft. Terminal navigation charges constitute remuneration for air navigation services provided around the major metropolitan and overseas airports. They are due at the time of each takeoff departing from an aerodrome belonging to the field of application of the terminal charges. Each takeoff is characterised by a number of service units, to which applies a unit rate. The field of application of the charges includes all the aerodromes on which air traffic terminal services are provided by government officials and which annual traffic not exempted, calculated on average over the last years exceeds a certain threshold. Oceanic charges represent the remuneration for the use of installations and services operated overseas by the State for en-route air traffic safety and for the speed of its movements. The calculation of the oceanic charge is similar to route charges. Guide for users of the air navigation charges 3

4 2 TERMINAL NAVIGATION CHARGE (RSTCA) 2.1 DEFINITION OF THE TERMINAL NAVIGATION CHARGE Civil aviation code Article R134-4 (decree n of March 9, 1990) modified by decree n Article 3 It was instituted by the decree n of August, 12 th 1985, supplementing the code of the civil aviation by articles R134-4, R134-5 and R The decree n of March 9 th, 1990, the decree n of December 26 th, 2005, as well as the decree n modify these articles. The services rendered by the State for the safety of the air traffic and the speed of its movements on arrival and departure of the aerodromes whose activity exceeds a certain threshold give place to remuneration in the form of a charge for rendered services known as the terminal navigation charge. The list of these aerodromes is set by order of the minister in charge of the civil aviation and the minister in charge of finance. (cf 2.4) [...] It is exigible at the time of each departure from an aerodrome being reproduced on this list. Its amount is given, according to the maximum takeoff weight of the aircraft by application of a unit rate following methods laid down by order of the minister in charge of the civil aviation and the minister in charge of finances (cf 2.2) The normal unit rate must take into account the national cost of the rendered services. This charge represents the remuneration for the services rendered by approach traffic control and aerodrome traffic control. It covers the costs caused by the air traffic services on departure and at arrival. 2.2 HOW IS IT CALCULATED? April 16, 1996 laying down terms for prescribing and collecting of RSTCA Article 1 Modified by order of December and by order of December The amount of the charge (R) due for each takeoff is equal to the product of the unit rate (t) of the charge by the number of service units (N). R The number of service units is equal to the product of the maximum takeoff weight registered to the flight manual of the aircraft expressed in metric tons, divided by fifty (50) and raised to the 0.70 th power. t N MTOW Hence the general formula of calculation of the charge: N R t MTOW Guide for users of the air navigation charges 4

5 2.2.1 Calculation of the weight coefficient Civil aviation code Article R134-3 (decree n of March 9, 1990) modified by decree n Article 3 The decree (which sets the unit rates) can envisage modes of calculation based on weighted averages for aircraft of the same type operated by the same company. April 16, 1996 laying down terms for prescribing and collecting of RSTCA Article 3 When the certified maximum takeoff weight of the aircraft is not known to the relevant authority, the number of service units could be determined on the basis of the heaviest version of the aircraft in question. However, for an operator who has informed the relevant authority, that he is operating several different versions of the same type of aircraft, the number of service units could be determined on the basis of the average maximum takeoff weight of all the aircrafts of this type. Average maximum takeoff weight calculations for each type of aircraft and each operator are carried out at least once a year The unit rate December 19, 2013 modifying order of April laying down terms for prescribing and collecting of RSTCA and setting the scope and the unit rates of RSTCA as of January 1 st, 2014 Article 3 From January 1 st, 2014, the full unit rate for metropolitan France is euros. 2.3 EXEMPTIONS Civil aviation code Article R134-5 (decree n of March 9, 1990) The following flights shall be exempted from the payment of the charge: - flights performed exclusively under Visual Flight Rules; - flights terminating at the aerodrome from which the aircraft has taken off and during which no intermediate landing has been made (circular flights); - flights performed by aircraft of which the maximum take-off weight authorised is less than two (2) metric tons; - subject to reciprocity, flights performed by aircraft which are the property of a State, provided that such flights are not made for commercial purposes; - flights performed by military aircraft belonging to member states of Eurocontrol or states having subscribed to a reciprocity agreement with France; Guide for users of the air navigation charges 5

6 - search and rescue flights authorised by a competent Search And Rescue body; - flights performed for the purpose of checking or testing equipment used or intended to be used as ground aids to air navigation; - test flights performed exclusively for the purpose of obtaining, renewing or maintaining the certificate of airworthiness of aircraft or equipment; - training flights performed exclusively for the purpose of obtaining, renewing or maintaining a licence or a rating in the case of cockpit flight crew. 2.4 AERODROMES SUBJECT TO THE APPLICATION OF THE RSTCA April 16, 1996 laying down terms for prescribing and collecting of RSTCA Article 2 Modified by order of December 20, 2007, order of December 27, 2010 and order of December 21, 2012 [ ] The area where the charge is applicable for the year N includes all the aerodromes complying with the following criteria: - civil servants are in charge of ATC approach services; on aerodromes where ATC services have been put in place after 1st January 2011 following a request of the aerodrome operator through an agreement with the authorities, the aerodrome can be subject to RSTCA only 3 years after the introduction of ATC services. - the non-exempted traffic amounts to service units from November year N-4 until October year N-1 These service units is equal to the product of a coefficient equal to by the maximum takeoff weight registered to the flight manual of the aircraft, expressed in metric tons and raised to the 0.90th power. [..] Guide for users of the air navigation charges 6

7 Extract of order of December 19, 2013 modifying order of April laying down terms for prescribing and collecting of RSTCA and setting the scope and the unit rates of [RSTCA] as of January 1 st, 2014 Annex LIST OF AERODROMES SUBJECT TO TERMINAL NAVIGATION CHARGE FOR THE YEAR 2014 Agen-La Garenne (LFBA) Châteauroux-Déols (LFLX) Montpellier-Méditerranée (LFMT) Ajaccio-Napoléon-Bonaparte Clermont-Ferrand-Auvergne Nantes-Atlantique (LFRS) (LFKJ) (LFLC) Albert-Bray (LFAQ) Deauville-Normandie (LFRG) Nice-Côte d Azur (LFMN) Angers-Marcé (LFJR) Dijon-Longvic (LFSD)** Nîmes-Garons (LFTW) Annecy-Meythet (LFLP) Dinard-Pleurtuit-Saint-Malo Paris-Charles-de-Gaulle (LFRD) (LFPG) Avignon-Caumont (LFMV) Dôle-Tavaux (LFGJ) Paris-Le Bourget (LFPB) Bâle-Mulhouse (LFSB) Figari-Sud Corse (LFKF) Paris-Orly (LFPO) Bastia-Poretta (LFKB) Grenoble-Isère (LFLS) Pau-Pyrénées (LFBP) Beauvais-Tillé (LFOB) Hyères- Le Palyvestre (LFTH) Perpignan-Rivesaltes (LFMP) Bergerac-Roumanière (LFBE) Istres-Le Tubé (LFMI) Poitiers-Biard (LFBI) Béziers-Vias (LFMU) La Rochelle-Ile de Ré (LFBH) Quimper-Pluguffan (LFRQ) Biarritz-Bayonne-Anglet (LFBZ) Lannion (LFRO) Rennes-Saint-Jacques (LFRN) Bordeaux-Mérignac (LFBD) Le Havre-Octeville (LFOH) Rodez-Marcillac (LFCR) Brest-Bretagne (LFRB) Lille-Lesquin (LFQQ) Saint-Etienne-Bouthéon (LFMH) Brive-Souillac (LFSL) Limoges-Bellegarde (LFBL) Saint-Nazaire-Montoir (LFRZ) Caen-Carpiquet (LFRK) Lorient-Lann Bihoué (LFRH) Strasbourg-Entzheim (LFST) Calvi-Sainte-Catherine (LFKC) Lyon-Bron (LFLY) Tarbes-Lourdes Pyrénées (LFBT) Cannes-Mandelieu (LFMD) Lyon-Saint-Exupéry (LFLL) Toulouse-Blagnac (LFBO) Carcassonne-Salvaza (LFMK) Marseille-Provence (LFML) Tours-Val de Loire (LFOT) Châlons-Vatry (LFOK) Metz-Nancy-Lorraine (LFJL) Toussus-le-Noble (LFPN) Chambéry-Aix-les-Bains (LFLB) ** should not be subject to TNC as of June 2014 Guide for users of the air navigation charges 7

8 2.5 BILLING Invoices issued the third Monday of each month (that is to say between the 15 th and the 22 nd ) will relate to the flights of the previous month(s). Each invoice represents one month s flights. A statement of flights will be attached to the bill bearing full identification details: its day of the flight, its arrival and the starting airports, the type of the aircraft, the time of departure and the flight number or registration. The invoicing is based on the data of the flight plan and on the maximum takeoff weight declared by the users. The calculation of the weight coefficient per aircraft and per owner is carried out at least every year. The invoices of an amount lower than 30 euros are not issued. Eurocontrol issues initial invoices on behalf of the air navigation direction services (DSNA); the DSNA adjusts invoices, if necessary; the accountant agency (BACEA) carries out its collection for DSNA. April laying down terms for prescribing and collecting of RSTCA Article 1 The charge concerned by the R134-3 article of the civil aviation code is due by the operator of the aircraft. If the name of the operator is not made available to the services responsible for the operations relating to the collection of the charges, the owner of the aircraft is considered to be the operator until it is established that another person has this position. 2.6 TERMS OF PAYMENT Civil aviation code Article R134-6 (decree n of March 9, 1990) The collection of the terminal navigation charge is ensured according to the rules in force as regards credits of the State mentioned article 80 of the decree of December, 29 th 1962 [...]. The methods for collecting the charge are specified by order of the minister in charge of finance and the minister in charge of the civil aviation. Guide for users of the air navigation charges 8

9 April 16, 1996 laying down terms for prescribing and collecting of RSTCA Article 5, modified by order of December 20, 2007 laying down terms for prescribing and collecting of RSTCA [ ] Payments shall be made in euros and addressed to the accountants in charge of the recovery for the special budget for civil aviation providers (BACEA). Payments by cheques are considered carried out at the date of their receipt by the above authority, provided the cheque is honoured by the bank of the drawer. In case a payment has been wired to the benefit of the account of the banking house indicated on the invoice, the date of payment is that of the day when the payment of the charge was carried on this account. The payments must be supplied with indications of references, dates and amounts in Euro of the paid invoices. When a payment is not accompanied by the former indications, it can be applied first to the surcharge and interest for late payment and then to the oldest unpaid invoices. In the application of article 1256 of the civil code, the accountant himself determines the payment charge on the debt that the debtor may find more beneficial to balance. The delay between the date of issue of the invoice and the time limit for payment is fixed at 37 days for the invoices related to the flights departing from metropolitan aerodromes, including Corsica, and at forty two (42) days for the invoices related to the flights departing from the aerodromes of overseas territorial community Claims Orders conforming to the provisions of the decree n November 7, 2012 (mention is made at the back of each invoice) Each claim related to a bill must be submitted in writing to the accountant of the special budget for civil aviation providers, within 60 days following the date of issue. The time limit is indicated on the bill. Claims must clearly indicate the subject of the claim and be accompanied by any relevant supporting evidence. In the absence of a response by the civil aviation authority within the next six months, the claim is deemed to be rejected except if the time limit has been extended and subject to appeal before the competent court. The introduction of an objection suspends the recovery of the portion of the bill being claimed; in case of rejection, surcharge and interest for late payment shall be applied to the unpaid portion of the bill Penalties for late payments Civil aviation code Extracts of Article R134-6 (decree n of March 9, 1990) Subject to the provisions of the following subparagraph, the payment must be carried out before the date indicated on the title of perception; this date cannot be before the thirtieth day following the date of issue of the bill. A surcharge of 10 % of the sum to be paid and interest for late payment are applied in the event of non-payment by the above mentioned date. Surcharges apply once and for all, when the deadline for payment has been exceeded. The interest rate for late payment is fixed at the statutory rate into force and is applicable from the 1 st day of the second month following the surcharge s deadline. Decree n of February 4, 2014 The legal interest rate is set to 0.04 % for year Guide for users of the air navigation charges 9

10 Extracts of decree n of December 29, 1992 Article 87 Any order of receipt is subject to a friendly recovery or an enforced recovery. In the latter case, the pursuits are exerted as regards to direct taxes, with the diligence of the accountant who dealt with the order of receipt. Transport code Article L Edict n of 28 October 2010 Article 5 After putting the person that is in debt in default to regularize the situation, temporarily seizure of an aircraft operated or owned by the indebted person could be required the relevant authority to the competent enforcement magistrate and in the following situation: - the minister in charge of the civil aviation, in case of non-payment or insufficient payment [...] of terminal navigation charges. Temporarily seizure costs are at indebted person s expense. Payment of the amount due leads to the withdrawal of the temporarily seizure. 2.7 OVERSEAS Civil aviation code Article R134-3 (decree n of March 9, 1990) modify by decree n Article 3 Particular unit rates may be decided for certain zones where the cost of the rendered service deviates by more than 10 percent from the national cost. Reduced unit rates can be set for flights which take off and land in the metropolitan territory and have made or will make no stopovers in a foreign territory (domestic flights) as well as for certain connections between overseas territories. December 27, 2010 modifying order of April laying down terms for prescribing and collecting of RSTCA and setting the scope and the unit rates of [RSTCA] as of January 1 st, 2011 Article 2 Overseas, the number of service units is equal to the product of a coefficient equal to by the maximum takeoff weight registered in the flight manual of the aircraft, expressed in metric tons and raised to the 0.90 th power. Guide for users of the air navigation charges 10

11 Extract of order of December modifying order of April laying down terms for prescribing and collecting of RSTCA and setting the scope and the unit rates of [RSTCA] as of January 1 st, 2013 Since the 1 st of January 2014, the full unit rate for overseas is 12 euros. This rate is applicable to the following aerodromes: Cayenne-Félix Eboué (SOCA) Martinique-Aimé-Césaire (TFFF) Nouméa-La Tontouta (NWWW) Saint-Pierre Pointe Blanche (LFVP) The reduced unit rate for overseas is 6 euros. Pointe-à-Pitre-Le Raizet (TFFR) Tahiti-Faaa (NTAA) La Réunion Roland Garros (FMEE) The reduced overseas unit rate is applicable to the following aerodromes on the occasion of direct connections between them: - Martinique-Aimé-Césaire (TFFF); - Pointe-à-Pitre-Le Raizet (TFFR); - Cayenne-Félix Eboué (SOCA). Guide for users of the air navigation charges 11

12 2.8 CONTACTS Claims and System Information Recovery, Accountancy And Treasury Service DSNA/SDFI/R Agence comptable Téléphone Téléfax Internet Adresse [email protected] [email protected] DGAC 50 rue Henry Farman PARIS Cedex 15 Guide for users of the air navigation charges 12

13 3 ROUTE CHARGE 3.1 DEFINITION OF THE ROUTE CHARGE The decree n of April 28, 1972 supplements the code of the civil aviation and institutes a route charge. Code of the civil aviation Article R134-1 (decree n of July 18, 1990) Doc. n Conditions of application of the route charges system and conditions of payment Article 1 1 and 2 The use of installations and services operated by the state over home territory and its vicinity for en-route air traffic safety and for the speed of its movements, including radiocommunications and meteorological services, will be subject to remuneration in the form of a charge for services rendered, known as the en-route charge. The amount of the Charge for services rendered, known as the en-route charge follow the rules adopted by competent bodies, in accordance with the multilateral agreement signed in Brussels on the 12 th February 1981 and single European sky regulation n 1794/2006, be obtained by multiplying by unit rate, calculated from the cost, service unit which is based on maximum takeoff weight and distance flown in the airspace falling under the responsibility of the France, in accordance with clauses of the International Civil Aviation Organization or any other resulting agreement. A joint order by the minister responsible for finance and the minister responsible for civil aviation ensures publication of the regulations relating to the charge for rendered services, known as the en-route charge, mentioned by the previous indent. The charge shall constitute remuneration for the costs incurred by Contracting States in respect of en route air navigation facilities and services and the operation of the Route Charges System, and for the costs incurred by Eurocontrol in operating the System. A charge shall be levied for each flight performed in accordance with the procedures laid down in application of the Standards and Recommended Practices of the International Civil Aviation Organization in the airspace falling under the responsibility of the Contracting States. For route charge purposes, this airspace shall be divided into en route charging zones, as defined by the Contracting States and listed in Annex HOW IS IT CALCULATED? Doc. n Article 2 Doc. n Article 3 For each flight entering the airspace of the charging zones listed at Annex 1, a single charge (R) shall be collected equal to the sum of the charges accruing in respect of that flight in the airspace of the charging zones concerned: R= ri n The individual charge (r i ) for flights in a charging zone (i) shall be calculated in accordance with the provisions of Article 3. The charge for a flight in a given charging zone (i) shall be calculated in accordance with the following formula: r i = t i N i where (r i ) is the charge, (t i ) the unit rate of charge and (N i ) the number of service units corresponding to such a flight. The unit rates may, where appropriate, be set separately for VFR and IFR flights. Guide for users of the air navigation charges 13

14 Doc. n Article 4 For a given flight, the number of service units, designated (N i ), referred to in the foregoing article shall be obtained by means of the following formula: N i = d i p where (d i ) is the distance factor in respect of charging zone and (p) the weight factor for the aircraft concerned Calculation of the distance coefficient Doc. n Article 5 1 The distance factor (d i ) shall be obtained by dividing by one hundred (100) the number of kilometres in the great circle distance between: - the aerodrome of departure within, or the point of entry into, the charging zone (i) and - the aerodrome of first destination within, or the point of exit from, that charging zone. The aforesaid entry and exit points shall be the points at which the lateral limits of the said charging zone are crossed by the route described in the flight plan. This flight plan incorporates any changes made by the operator to the flight plan initially filed as well as any changes approved by the operator resulting from air traffic flow management measures Formula of the distance on the great circle A and B, two points of the surface of ground, their geographical coordinates: latitude (A) = lat (A) and longitude (A) = long (A) respectively latitude (B) = lat (b) and longitude (b) = long (B), and long = difference in longitude between B and A, it is called distance on the great circle from A to B, and is noted: ortho (A,B). ortho(a, B) = 60 arcos [ cos(lat (A)) cos(lat (B)) cos(long) + sin(lat (A)) sin(lat (B)) ] The distance on the great circle is obtained in nautical miles Integration of the terminal control zone Doc. n Article 5 3 The distance to be taken into account shall be reduced by twenty (20) kilometres for each take-off from and for each landing on the territory of a Contracting State Calculation of the weight coefficient Doc. n Article 6 The weight factor (p) - expressed as a figure taken to two decimals - shall be the square root of the quotient obtained by dividing by fifty (50) the number of metric tons - expressed as a figure taken to one decimal - in the maximum certified take-off weight of the aircraft as shown in the certificate of airworthiness, the flight manual or any other equivalent official document, as follows: p = MTOW 50 Where the maximum certified take-off weight of the aircraft is not known to the bodies responsible for the collection of the charge, the weight factor shall be calculated by taking the weight of the heaviest aircraft of the same type known to exist. Guide for users of the air navigation charges 14

15 Where an aircraft has multiple certified maximum take-off weights, the weight factor shall be established on the basis of the highest maximum take-off weight authorised for the aircraft by its State of registration. Where, however, an operator has indicated to Eurocontrol by the last working day of the calendar month in which the aircraft fleet has changed and at least annually - that he operates two or more aircraft which are different versions of the same type, the average of the maximum take-off weights of all his aircraft of that type shall be taken for the calculation of the weight factor for each aircraft of that type. The calculation of this factor per aircraft type and per operator shall be effected at least once a year The unit rate Doc. n Article 7 1 The unit rate of charge (t i ) shall be established in euros. November 21, 1972 Article 1 December 19, 2014 setting the unit rate as of January 1st 2013 Article 1 The expenses that the European Organisation for the air safety (Eurocontrol) is authorised to deduct from the products of route charge which it is charged to recover for the flights accomplished in the airspace aimed to the 1 st article of the order of April 28, 1972 [ ] are calculated on the basis of regional administrative rate applied to the units of service generated in the airspace referred to above. From January 1 st 2014, the global unit rate of France is euros. 3.3 EXEMPTIONS December 20, 2007 publishing the rules and exemptions relating the route charges Article 2 Modified by order of December 19, 2008 relating to French military flights exemption The following flights shall be exempt from the payment of charges: - flights performed by aircraft of which the maximum take-off weight authorised is less than two (2) metric tons; - flights performed exclusively for the transport, on official mission, of the reigning Monarch and his/her immediate family, Heads of State, Heads of Government, and Government Ministers. In all cases, this must be substantiated by the appropriate status indicator on the flight plan; - search and rescue flights authorised by the appropriate relevant body. Furthermore, the French State, in the charging zone falling under its competence, exempt the following from payment of the charge: - military flights performed by military aircraft from French State and from states which have been subscribed a reciprocity agreement; - training flights performed exclusively for the purpose of obtaining a licence, or a rating in the case of cockpit flight crew, and where this is substantiated by an appropriate remark on the flight plan. Flights must be performed solely within this charging zone. Flights must not serve for the transport of passengers and/or cargo, nor for positioning or ferrying of the aircraft; - flights performed exclusively for the purpose of checking or testing equipment used or intended to be used as ground aids to air navigation, excluding positioning flights by the aircraft concerned; - flights terminating at the aerodrome from which the aircraft has taken off and during which no intermediate landing has been made (circular flights); - flights performed exclusively under VFR within this charging zone; - customs and police flights. Guide for users of the air navigation charges 15

16 3.4 CHARGING ZONE UNDER FRENCH COMPETENCE Guide for users of the air navigation charges 16

17 3.5 BILLING Invoices for route charges are issued by Eurocontrol the third Monday of each month (that is to say between the 15 th and the 22 nd ). Decree n of October,25, 1988 publishing the Multilateral agreement relating to route charges, made in Brussels February, Article 1 1 and 2, 7 and 8 The contracting States agree to adopt a common policy as regards the charges to be perceived for the installations and services of en route air navigation hereafter called route charges, in the airspace of the flight information regions of their competence. They are appropriate in consequence to create a common system of establishment and collection of route charge and to use for this purpose the services of Eurocontrol. Eurocontrol determines according to the regulations in force the route charges due for each flight accomplished in the airspace defined in article 1 st. Eurocontrol collects the route charges mentioned in article 7. For this purpose, they constitute a single charge due for each flight which is a single credit of Eurocontrol and payable at his headquarters. Doc. n Article 1 5 The person liable to pay the charge shall be the person who was the operator of the aircraft at the time when the flight was performed. If the identity of the operator is not known, the owner of the aircraft shall be regarded as the operator unless he proves which other person was the operator. 3.6 TERMS OF PAYMENT Decree n October 25, 1988 publishing the protocol amending the international convention of co-operation for the safety of air navigation (Eurocontrol) December 13, 1960 Eurocontrol is in charge of: [ ] establishing and collecting charges imposed to users of the services of the air navigation in accordance with the Multilateral agreement relating to the route charges and on behalf of the Contracting Parts and of the Non-member States which took part in this agreement. Doc. n Annex 2 Clause 1 1 to 3 Doc. n Annex 2 Clause 2 1 to 3 The amounts billed shall be payable at Eurocontrol's Headquarters in Brussels. Eurocontrol will nevertheless consider payment into the accounts opened in its name with banking establishments in the Contracting or other States designated by the competent bodies of the Route Charges System as a discharge of the payer's liability. The amount of the charge is due on the date of performance of the flight. The latest value date by which payment must be received by Eurocontrol shall be shown on the bill and is 30 days from the date of the bill. Except as provided in paragraph 2 of this clause, the amount of the charge shall be paid in euros. Any user who is a national of a Contracting State may, whenever payment is made by him into a designated banking establishment situated in the State of which he is a national, discharge the debt in the convertible currency of that State. Where a user avails himself of the facility referred to in the foregoing paragraph, the conversion into national currency of the euro amount shall be effected at the daily exchange rate used for commercial transactions for the value date and place of payment. Guide for users of the air navigation charges 17

18 Doc. n Annex 2 Clause 3 Doc. n Annex 2 Clause 4 1 and 2 Payment shall be deemed to have been received by Eurocontrol on the value date on which the amount due was credited into a designated bank account of Eurocontrol. The value date shall be the date on which Eurocontrol can use the funds. Payments shall be accompanied by a statement giving the references, dates and Euro amounts in respect of bills paid and of any credit notes deducted. The requirement to show the amounts of bills in Euro shall apply also to users availing themselves of the facility to pay in national currency. Where a payment is not accompanied by the details specified in paragraph 1 above so as to allow its application to a specific bill or bills, Eurocontrol will apply the payment: - first to interest, and then - to the oldest bills unpaid Claims Doc. n Annex 2 Clause 5 1 to 5 Claims against bills must be submitted to Eurocontrol in writing or by an electronic medium previously approved by Eurocontrol. The latest date by which claims must be received by Eurocontrol shall be shown on the bill and is 60 days from the date of the bill. The date of submission of claims shall be the date on which the claims are received by Eurocontrol. Claims must be detailed and should be accompanied by any relevant supporting evidence. Submission of a claim by a user shall not entitle him to make any deduction from the relevant bill unless so authorised by Eurocontrol. Where Eurocontrol and a user are mutually debtor and creditor no compensation payments shall be effected without Eurocontrol's prior agreement Penalties for late payments Doc. n Annex 2 Clause 6 1 and 2 Any charge which has not been paid by the latest date for payment shall be increased by the addition thereto of interest at a rate decided by the competent bodies, and published by the Contracting States in accordance with Article 10 of the Conditions of Application. The interest, entitled Interest on Late Payment, shall be simple interest calculated from day to day on the unpaid overdue amount. The interest will be calculated and billed in euros. December setting the unit rate since January 1 st 2014 Article 2 From January 1 st 2014, the interest rate imposed on late payment of the route charges is 10.24% per year. Doc. n Article 7 Where a debtor has not paid the amount due, measures may be taken to enforce recovery. These measures may include the denial of services, detention of aircraft or other enforcement measures in accordance with applicable law. Guide for users of the air navigation charges 18

19 3.7 CONTACTS Claims and Information on charges to customers Collection Treasury and Accounting Téléphone Telefax [email protected] [email protected] [email protected] Adresse EUROCONTROL Service Central des Redevances de Route Rue de la Fusée 96 B Bruxelles (Belgique) Guide for users of the air navigation charges 19

20 4 OCEANIC CHARGE 4.1 DEFINITION OF THE OCEANIC CHARGE Civil aviation code Article R134-7 (Decree n , December 23 rd 2009) In the airspace delegated to France by ICAO or for which air navigation services have been delegated to France by a third State, the use of installations and services operated by the state overseas for en-route air traffic safety and for the speed of its movements [ ], will be subject to remuneration in the form of a charge for services rendered, known as the oceanic charge. The person liable to pay the oceanic charge shall be the person who was the operator of the aircraft or, if the identity of the operator is not known, the owner of the aircraft. Its amount is given according to the maximum take-off weight of the aircraft and the distance flown in the airspace delegated to France by ICAO or by other agreements, by application of a unit rate following methods laid down by order of the minister in charge of the Civil Aviation and the minister in charge of finance. The normal unit rate of oceanic charge is set annually by an order of the minister in charge of the Civil Aviation and the minister in charge of finance on the basis of the costs of the provided services and on the objectives of the covering of these costs. [ ] Reduced unit rates may be set to take account of economic conditions of the air service of the concerned territories and for the flights departing from or arriving to aerodromes located on the home territory or on the territory subject to the rules promulgating the European Community. The terms of recovery and payment of the oceanic charge are the same as those for terminal navigation charge. 1) 4.2 HOW IS IT CALCULATED? December, 23 rd 2009 publishing the rules and exemptions relating to the oceanic charge Articles 1 and 2 For each flight entering the national airspace and its vicinity, in the overseas departments, in French Polynesia and New Caledonia, a single charge (R) shall be collected. That charge is calculated in accordance with the following formula: R = t N where (R) is the charge, (t) the unit rate of charge and (N) the number of service units corresponding to such a flight. For a given flight, the number of service units, designated (N) shall be obtained by means of the following formula: N = d p where (d) is the distance factor and (p) the weight factor for the aircraft concerned Calculation of the distance coefficient December, 23 rd 2009 publishing the rules and exemptions relating to the oceanic charge Article 2 The distance factor (d) shall be obtained by dividing by one hundred (100) the number of kilometres in the great circle distance between: - the aerodrome of departure within, or the point of entry into, the concerned charging zone (FIR, TMA or CTR) and - the aerodrome of first destination within, or the point of exit from, that concerned charging zone. The aforesaid entry and exit points shall be the points at which the lateral limits of the said Guide for users of the air navigation charges 20

21 charging zone are crossed by the route described in the flight plan. This flight plan incorporates any changes made by the operator to the flight plan initially filed as well as any changes approved by the operator resulting from air traffic flow management measures Formula of the distance on the great circle A and B, two points of the surface of ground, their geographical coordinates : latitude (A) = lat (A) and longitude (A) = long (A) respectively latitude (B) = lat (b) and longitude (b) = long (B), and long = difference in longitude between B and A, it is called distance on the great circle from A to B, and is noted : ortho (A, B) :ortho (A, B) = 60 * arcos [cos (lat (A)) * cos (lat (B)) * cos (long) + sin (lat(a)) * sin (lat (B)) ] The distance on the great circle is obtained in nautical miles Integration of the terminal control zone December, 23 rd 2009 publishing the rules and exemptions relating to the oceanic charge Article 2 The distance to be taken into account shall be reduced by twenty (20) kilometers for each take-off from and for each landing in a zone concerned by this charge Calculation of the weight coefficient December, 23 rd 2009 publishing the rules and exemptions relating to the oceanic charge Article 2 The weight factor (p) - expressed as a figure taken to two decimals -shall be the square root of the quotient obtained by dividing by fifty (50) the number of metric tons expressed as a figure taken to one decimal - in the maximum certificated take-off weight of the aircraft as shown in the certificate of airworthiness, the flight manual or any other equivalent official document, as follows: p = MTOW 50 Where the maximum certificated take-off weight of the aircraft is not known to the bodies responsible for the collection of the charge, the weight factor shall be calculated by taking the weight of the heaviest aircraft of the same type known to exist. Where an aircraft has multiple certificated maximum take-off weights, the weight factor shall be established on the basis of the highest maximum take-off weight authorised for the aircraft by its State of registration. Where, however, an operator has indicated to Eurocontrol by the last working day of the calendar month in which his aircraft fleet changed and at least annually - that he operates two or more aircraft which are different versions of the same type, the average of the maximum takeoff weights of all his aircraft of that type shall be taken for the calculation of the weight factor for each aircraft of that type. The calculation of this factor per aircraft type and per operator shall be effected at least once a year. Guide for users of the air navigation charges 21

22 4.2.3 The unit rate December, 23 rd 2009 publishing the rules and exemptions relating to the oceanic charge Article 4 The unit rate of charge (t) shall be established in euros. December, 23 rd 2009 publishing the unit rates of the oceanic charge from January, 1st 2010 From January, 1 st 2010 the global unit rate of the oceanic charge is euros. 4.3 EXEMPTIONS December, 23 rd 2009 publishing the rules and exemptions relating to the oceanic charge, Article 4 Modified by order of December 27 th 2010 [...] Article 1 The following flights are exempted from charge payment: a) domestic flights within French Polynesia, New Caledonia and French Guiana, and flights between French Polynesia and New Caledonia; b) flights performed by aircraft of which the maximum take-off weight authorised is less than two (2) metric tons; c) Flights performed exclusively for the transport, on official mission, of the reigning Monarch and his/her immediate family, Heads of State, Heads of Government, and Government Ministers. In all cases, this must be substantiated by the appropriate status indicator or remark on the flight plan; d) search and rescue flights authorised by the appropriate competent body; e) military flights performed by military aircraft of the States that signed reciprocal agreements with France; f) training flights performed exclusively for the purposes of obtaining a license, or a rating in the case of cockpit flight crew, and where this is substantiated by an appropriate remark on the flight plan; flights must be performed solely within this charging zone; flights must not serve for the transport of passengers and/or cargo, nor for positioning or ferrying of the aircraft; g) flights performed exclusively for the purpose of checking or testing equipment used or intended to be used as ground aids to air navigation, excluding positioning flights by the aircraft concerned; h) flights terminating at the aerodrome from which the aircraft has taken off and during which no intermediate landing has been made (circular flights); i) flights performed exclusively under VFR within this charging zone; j) customs and police flights; The unit rate is halved in the Tahiti FIR for flights performed from Papeete to metropolitan France or on the territory subject to the rules promulgating the European Community, and for flights from metropolitan France or on the territory subject to the rules promulgating the European Community to Papeete. Guide for users of the air navigation charges 22

23 4.4 BILLING The invoices of an amount below 30 Euros are not issued. Invoices issued the third Monday of each month (that is to say between the 15th and the 22nd) will relate to the flights of the previous month(s). Each invoice represents one month s flights. A statement of flights will be attached to the bill bearing full identification details: its day of the flight, its arrival and the starting airports, the type of the aircraft, the time of departure and the flight number or registration. The invoicing is based on the data of the flight plan and on the maximum take-off weight declared by the users. The calculation of the weight factor per aircraft and per owner is carried out at least every year. Civil aviation code, article R134-7 (Decree n , December 23 rd 2009) The oceanic charge is due by the operator of the aircraft or, if the name of the operator is not made available, by the owner of the aircraft. 4.5 TERMS OF PAYMENT Civil aviation code, article R134-7 (Decree n , December 23 rd 2009 The methods for recovery and payment of the oceanic charge are the same as those used for terminal navigation charge. December, 23 rd 2009 publishing the unit rates of the oceanic charge from January, 1 st 2010 Article 5 Payments shall be made in Euros and addressed to the accountants in charge of the recovery for the concerned charging zone and mentioned on the bill. April, 16 th 1996 article 5 modified by the order of December, 20 th 2007 setting the terminal navigation charge establishment and collection. The delay between the date of issue of the invoice and the time limit for payment is set [ ] to 42 days for invoices related to flights departing from overseas aerodromes. Guide for users of the air navigation charges 23

24 4.5.1 Claims Orders conforming to the provisions of the decree n November 7, 2012 (mention is made at the back of each invoice) Each claim related to a bill must be submitted in writing to the accountant [in charge of the recovery for the concerned charging zone and mentioned on the bill], within 60 days following the date of issue. The time limit is indicated on the bill. Claims must clearly indicate the subject of the claim and be accompanied by any relevant supporting evidence. In the absence of a response by the civil aviation authority within the next six months, the claim is deemed to be rejected except if the time limit has been extended and subject to appeal before the competent court. The introduction of an objection suspends the recovery of the portion of the bill being claimed; in case of rejection, surcharge shall be applied to the unpaid portion of the bill. 4.6 CONTACTS Informations Service Téléphone DSNA/SDFI/R [email protected] Téléfax Internet Adresse DGAC 50 rue Henry Farman PARIS Cedex 15 Guide for users of the air navigation charges 24

25 5 EXEMPLES OF CALCULATION 5.1 DOMESTIC FLIGHT Departure LFLL (Lyon Saint-Exupéry) latitude(dép) = longitude(dép) =05 05 Arrival LFBP (Pau-Pyrénées) latitude(arr) = longitude(arr) = long(arr-dép) = long(-5 30 ) Aircraft type E145 (Embraer 145) Weight (T) = 21 1) route charge Calculation of the distance coefficient Ortho(dép,arr) = 60 arcos [cos(45 44 ) cos(43 23 ) cos(-5 30 ) + sin(45 44 ) sin(43 23 )] = 274 miles = 508 km That is to say the distance coefficient d (508 ( )) A fixed distance of 2 X 20 km is withdrawn from the above calculation. It corresponds to the terminal zones (departure + arrival). In our example d = 4.68 Calculation of weight factor MTOW =21 T hence p Route charge due Finally R(route) = t d p = R = euros 2) Air navigation charge (RSTCA) Calculation of weight factor p Air terminal charge (RSTCA) RSTCA = = 125,94 Hence RSTCA = euros Guide for users of the air navigation charges 25

26 5.2 OVERFLIGHT Departure DAAG (Alger Houari-Boumediene) latitude(ent) = 39 longitude(ent) = Arrival LIRA (Rome Ciampino) latitude(sort) = longitude(sort) = -8 long(sort-ent) = long(-1 45 ) Aircraft type FA20 (Falcon 20) Weight (T) = 13 1) Route charge Calculation of distance factor Ortho(ent,sort) = 60 arcos [cos(39 ) cos(40 26 ) cos(-1 45 ) + sin(39 ) sin(40 26 )] = 117,9 miles = 218 km That is to say the distance coefficient d In our example d = 2.18 Calculation of weight factor MTOW =13 T hence p Route charge due Finally R(route) = t d p = R = euros 2) Air navigation charge (RSTCA) We have here the example of an overflight which by consequence is not subject to the payment of the Terminal Charge. 5.3 FLIGHT ON ARRIVAL Departure EGGW (Londres Luton) latitude(ent) = longitude(ent) = 0 Arrival LFPG (Paris-Charles de Gaulle) latitude(arr) = longitude(arr) = long(arr-ent) = long(-2 33 ) Aircraft type SH33 (Short 330) Weight (T) = ) Route charge Calculation of distance factor Ortho(ent,arr) = 60 arcos [cos(50 06 ) cos(49 01 ) cos(-2 33 ) + sin(50 06 ) sin(49 01 )] = miles Guide for users of the air navigation charges 26

27 = 220 km That is to say the distance coefficient d (220 20) 100 A fixed distance of 20 kms corresponding to the terminal zone of departure is withdrawn from the above calculation. In our example d = 2 Calculation of weight factor MTOW =10.60 T hence p Route charge due Finally R(route) = t d p = R = euros 2) Air navigation charge (RSTCA) We have here the example of a flight on arrival which by consequence is not subject to the payment of the Terminal Charge. 5.4 FLIGHT ON DEPARTURE Departure LFPG (Paris-Charles de Gaulle) latitude(dép) = longitude(dép) = Arrival EHEH (Eindhoven) latitude(sort) = longitude(sort) = long(sort-dép) = long(-0 48 ) Aircraft type AT43 (ATR ) Weight (T) = ) Route charge Calculation of distance factor Ortho(dép,sort) = 60 arcos [cos(49 01 ) cos(50 30 ) cos(-0 48 ) + sin(49 01 ) sin(50 30 )] = miles = 175 km That is to say the distance coefficient d (175 20) 100 A fixed distance of 20 kms corresponding to the terminal zone of departure is withdrawn from the above calculation. In our example d = 1.55 Calculation of the weight coefficient 16.9 MTOW =16,9 T hence p Guide for users of the air navigation charges 27

28 Route charge due Finally R(route) = t d p = R = euros 2) Air navigation charge (RSTCA) Calculation of weight factor p 16, Air terminal charge (RSTCA) RSTCA = = Hence RSTCA = euros Guide for users of the air navigation charges 28