S.I. No. 456/1994 - Irish Aviation Authority (Eurocontrol) (Route Charges) Regulations, 1994.

S.I. No. 456 of 1994.

IRISH AVIATION AUTHORITY (EUROCONTROL) (ROUTE CHARGES) REGULATIONS, 1994.

The Irish Aviation Authority, in exercise of the powers conferred on it by section 43 and section 10 of the Irish Aviation Authority Act, 1993 , hereby makes the following regulations:

1. (1) These Regulations may be cited as the Irish Aviation Authority (Eurocontrol) (Route Charges) Regulations, 1994, and shall come into operation on the 1st day of January, 1995.

(2) The Air Navigation (Eurocontrol) Regulations, 1989 to 1990, and these Regulations may be cited together as the Irish Aviation Authority (Eurocontrol) Regulations, 1989 to 1994.

2. The Air Navigation (Eurocontrol) (Route Charges) Regulations, 1989 ( S.I. No. 362 of 1989 ) are hereby amended by

( a ) The insertion in Regulation 4 of the following paragraphs:

"(5) Any charge which has not been paid by the due date shall be increased by the addition of interest, calculated from the due date.

(6) The rate of interest applied shall be determined in accordance with the Multilateral Agreement relating to Route Charges, signed at Brussels on the 12th day of February, 1981.

(7) Notice of the rate of interest shall be published in Iris Oifigiúil as soon as may be after the rate has been ascertained.

(8) For the purpose of calculating interest the due date shall be the date specified on the Bill as the date by which payment must be effected."

( b ) The substitution of the following for Regulation 7 of the Air Navigation (Eurocontrol) (Route Charges) Regulations, 1989 ( S.I. No. 362 of 1989 ), (as amended by the Air Navigation (Eurocontrol) (Route Charges) (Amendment) Regulations, 1990 ( S.I. No. 312 of 1990 ) ):

"7. These Regulations shall not apply to—

( a ) flights by military aircraft of member states,

( b ) flights by military aircraft of a state other than a member state in so far as there is in force, at the time the flight is made, a bilateral or multilateral agreement or other arrangement providing for exemption from the charge for overflight of national territory by such aircraft to which that state and the State are parties,

( c ) search and rescue flights performed on the responsibility of a search and rescue body established by one or more states,

( d ) flights made entirely in accordance with the visual flight rules contained in Part III of the Air Navigation (Rules of the Air) Order, 1992 ( S.I. No. 52 of 1992 ), between the aerodrome of departure and the aerodrome of first destination,

( e ) flights terminating at the aerodrome from which the aircraft has taken off and during which no intermediate landing has been made,

( f ) flights performed exclusively for the transport of Royalty, Heads of State or Government, or Ministers on official mission,

( g ) training flights performed exclusively for the purpose of obtaining a licence or rating, where this is substantiated by an appropriate remark on the flight plan; such flights must not be for commercial gain, must be performed solely within the airspace of the State and must not serve for the transport of passengers, nor for positioning or ferrying of the aircraft,

( h ) flights performed by aircraft of which the maximum authorised weight is less than two metric tons.

GIVEN under the Common Seal of the Irish Aviation Authority, this

29th day of December, 1994.

J. LACEY,

Director.

Present when the Common Seal of the Irish Aviation Authority was affixed hereto.

A. GAHAN,

Secretary.

EXPLANATORY NOTE.

These Regulations, which will come into operation on 1 January, 1995, amend the Air Navigation (Eurocontrol) Regulations, 1989 to 1990, by—

( a ) providing for the charging of interest on route charges not paid by the due date,

( b ) changing the categories of flights which are exempt from route charges.