4.2.1   Terminal Charges

Charging scheme for terminal air navigation services provided by NAV Portugal

Basis:

The calculation of terminal charges at the airports of Lisboa, Porto, Faro, Madeira, Porto Santo, Santa Maria, Ponta Delgada, Horta and Flores and also at Cascais Aerodrome (Charging Zone Portugal - TNC) is in line with the provisions of the COMMISSION IMPLEMENTING REGULATION (EU) 2019/317 of 11 February 2019 laying down a performance and charging scheme in the single European sky and repealing Implementing Regulations (EU) No 390/2013 and (EU) No 391/2013.

The terminal service unit shall be equal to the weight factor for the aircraft concerned.

The weight factor, expressed as a figure taken to two decimal places, is obtained by dividing by fifty the number of metric tons in the highest maximum certified take-off weight of the aircraft to the power of 0,7.

Establishment of terminal unit rate

The terminal unit rate used for calculating terminal charges for air navigation services provided at airports included in the Charging Zone Portugal - TNC is € 173,41 per service unit, applicable from 01.01.2024.

Exemptions:

1. Aircraft used in exclusive transportation on an official mission of reigning sovereigns and their direct family, State and Government leaders, as well as ministers, providing their status is out pointed in the Flight Plan, or aircraft under the cover of reciprocity agreements confirmed by the Minister of Foreign Affairs.
2. Military aircraft on a non remunerated official mission or supported by special agreement that bind the Portuguese State, confirmed by the qualified diplomatic or military entities.
3. Aircraft engaged in Search and Rescue missions as well those related to humanitarian purposes is considered as that by the Airport or Aerodrome exploitation company.
4. Aircraft complied to return to the airport for duly substantiated technical or meteo reasons without having landed at any other airport.

Reductions:

1. 50% to 100% reductions for: Aircraft used for local experience, equipment test, instruction, training or personnel examination.

4.2.2   En-route air navigation charges regulations

1. Definitions

When the following terms are used in these regulations, they have the following meaning:

• Agreement - Multilateral Agreement relating to Route Charges
• Contracting State - State part in Agreement
• EUROCONTROL - The European Organization for the Safety of Air Navigation, EUROCONTROL
• System - Eurocontrol Route Charges System

2. Conditions of application of the route charges system

2.1 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 of the following Charging Zones:

• Lisboa Charging Zone, including Lisboa Flight Information Region and Lisboa Upper Flight Information Region
• Santa Maria Charging Zone, including Santa Maria Flight Information Region.

2.2 The aforesaid Flight Information Regions, including the facilities and well as the services provided are described in the Aeronautical Information Publication “AIP - PORTUGAL “.

4.2.3   En-Route cost basis and exemptions/reductions

The charge shall constitute remuneration for the costs incurred by Portugal 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.

The charge for a flight in the airspace of the aforesaid Charging Zones shall be calculated in accordance with the following formula:

../graphics/eAIP/LP_GEN_4_2_en-charge-formula.png

Where r_i is the charge, t_i the unit rate of the charge and N_i the number of the service units corresponding to a such flight.

For a given flight, the number of service units, designated N_i, referred to in the foregoing number shall be obtained by means of the following formula:

../graphics/eAIP/LP_GEN_4_2_en-service-units-formula.png

where d_i is the distance factor in respect of the airspace of the referred charging zone and p the weight factor for the aircraft concerned.

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 (i).

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.

The distance to be taken into account shall be reduced by twenty (20) kilometres for each take-off and for each landing on the national territory.

The weight factor “P” shall be the square root of the quotient obtained by dividing by fifty (50) the number of metric tons 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:

../graphics/eAIP/LP_GEN_4_2-3 - Formula Maximum Take off weight.pdf

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 know 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 authorized for the aircraft by its State of registration

Where, however, an operator has indicated to the bodies responsible for the collection of the charge 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.

For the purpose of calculating the charge, the weight factor shall be expressed as figure taken to two decimal places.

The following flights shall be exempted from the payment of charges:

1. flights performed by aircraft of which the maximum take-off weight authorised is less than two (2) metric tons;
2. 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;
3. search and rescue flights authorised by the appropriate competent body.
4. flights performed by Portuguese military aircraft;
5. flights performed by foreign military aircraft from countries which exempt Portuguese military aircraft from the payment of route charges, on a basis of reciprocity;
6. 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;
7. 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;
8. flights terminating at the aerodrome from which the aircraft has taken off and during which no intermediate landing has been made (circular flights);
9. flights performed exclusively under VFR within this charging zone;
10. humanitarian flights authorized by the appropriate competent body;
11. customs and police flights.

The charge shall be payable at EUROCONTROL Headquarters, in accordance with the condition of payment set out in 4.2.4.

The currency of account used shall be the EURO.

For each flight entering the airspace of the Charging Zones falling within the competence of several Contracting States, a single charge (R) shall be collected equal to the sum of the charges (ri), accruing in respect of that flight in the airspace of the Charging Zones falling within the competence of the individual States concerned:

../graphics/eAIP/LP_GEN_4_2-4 - Formula Taxas de Rota.pdf

4.2.4   Conditions of Payment for En-route charges

The amounts billed shall be payable at the EUROCONTROL 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 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.

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.

Where a payment is not accompanied by the details specified in paragraph 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 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 prior agreement.

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 of 13,26% per annum.

The interest, entitled Interest of Late Payment, shall be simple interest calculated from day to day on the unpaid overdue amount. The interest will be calculated and billed in EURO.

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.