Procedures for the Determination and Collection of the Charges for the Air Navigation Services Provided by the State Stock Company "Latvian Air Traffic"

Issued pursuant to Section 28,
Paragraph one of the Law On Aviation

1. This Regulation prescribes the procedures for the determination and collection of the charges for the air navigation services provided by the State stock company "Latvijas gaisa satiksme" [Latvian Air Traffic] (hereinafter - Latvian Air Traffic), as well as exemptions from the charges for the air navigation services provided by the Latvian Air Traffic.

2. The charges for the air navigation services provided by the Latvian Air Traffic shall be calculated as follows:

2.1. the charge for the air navigation services in the Riga flight information region and in the airspace delegated to the Republic of Latvia in accordance with international treaties (hereinafter - Riga Flight Information Region) shall be calculated, using the following formula:

R = t x d x p, where

R - the charge for en-route air navigation services;

t - unit charge rate in the Riga Flight Information Region. In accordance with Articles 3.2(e) and 6.1(a) of the Multilateral Agreement Relating to Route Charges of 12 February 1981 (hereinafter - Agreement) the calculation of the unit charge rate shall be examined and approved by the Enlarged Commission (hereinafter - Commission) of the European Organization for the Safety of Air Navigation;

d - 1/100 part of the distance covered within the Riga Flight Information Region, which shall be re-calculated according to the great circle distance and expressed in kilometres (with an accuracy of two digits after the comma). Upon the landing of an aircraft in the aerodromes of Latvia or upon taking off therefrom, the distance shall be reduced by 20 kilometres;

p - aircraft weight factor (with accuracy of two digits after the comma), which is calculated as the square root of the quotient that is obtained by dividing the number of metric tons of the maximum certified take-off mass of the aircraft referred to in the certificate of airworthiness, in the flight manual or another similar official document by 50:

2.2. the charge for the air navigation services within the terminal control area shall be calculated, using the following formula:

R = t x N, where

R - the charge for the air navigation services provided within the terminal control area;

t - unit charge rate - LVL 63.06;

N - coefficient of the aircraft weight factor (with accuracy of two digits after the comma), which is calculated by dividing the maximum certified take-off mass of the aircraft expressed in metric tons by 50 and by raising the result in 0.7 power.

3. The following shall be exempted from the charge referred to in Paragraph 2 of this Regulation:

3.1. the flights referred to in Article 9(1) of the Commission Regulation (EC) No 1794/2006 of 6 December 2006 laying down a common charging scheme for air navigation services;

3.2. military flights performed by military aircraft of any state;

3.3. flights of police, border guard and customs aircraft;

3.4. flights in the Riga Flight Information Region according to the visual flight rules.

4. The charge referred to in Sub-paragraph 2.1 of this Regulation for the air navigation services provided in a flight route in the Riga Flight Information Region, in accordance with Articles 3.1(b) and 8 of the Agreement, shall be collected by the Central Route Charges Office (hereinafter - Office) of the European Organization for the Safety of Air Navigation.

5. The procedures for the collection of the charge referred to in Paragraph 4 of this Regulation, in accordance with Articles 1.2 and 3.2(e) of the Agreement shall be determined by the Commission.

6. The Office is entitled to collect the charge referred to in Sub-paragraph 2.2 of this Regulation on behalf of the Latvian Air Traffic.

7. The owner and operator of the aircraft shall be solidarily responsible for the payments referred to in Paragraph 2 of this Regulation.

8. A person responsible for the payments referred to in Paragraph 2 of this Regulation shall be determined in accordance with Article 5(1), (2) and (3) of Annex IV to the International Convention relating to Co-operation for the Safety of Air Navigation of 13 December 1960 of the European Organization for the Safety of Air Navigation.

9. The Commission shall determine the amount of late-payment interest in accordance with Articles 3.2(e) and 6.1(a) of the Agreement.

10. The unit charge rate referred to in Sub-paragraph 2.1 of this Regulation, the procedures for the collection of charges referred to in Paragraph 5 and the amount of late-payment interest referred to in Paragraph 9 shall be published in the information edition "Aeronautical Information Publication" in accordance with the procedures specified in Cabinet Regulation No 775 of 22 September 2008, Procedures for the Preparation and Distribution of Aeronautical Information.

11. Late-payment interest - 11.57% per year from the principal debt sum unpaid - shall be applied for the delay of the term for payment of terminals.

12. This Regulation shall come into force on 10 January 2012.

Prime Minister V. Dombrovskis

Minister for Transport A. Ronis

Translation © 2012 Valsts valodas centrs (State Language Centre)