S.I. No. 9/2011 - Preclearance Area (Dublin Airport) Regulations 2011.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 21st January, 2011.

I, NOEL DEMPSEY, Minister for Transport, in exercise of the powers conferred on me by section 2 of the Aviation (Preclearance) Act 2009 (No. 16 of 2009) and following consultation with the Minister for Justice and Law Reform and the Revenue Commissioners, hereby make the following regulations:

1. (1) These Regulations may be cited as the Preclearance Area (Dublin Airport) Regulations 2011.

(2) These Regulations shall come into operation on 19 January 2011.

2. The area or place indicated by the colour green on the maps contained in the Schedule is designated as a preclearance area.

3. (a) Subject to paragraph (b), the area or place indicated by the colour yellow on the maps contained in the Schedule is designated as a preclearance area.

(b) When a part of a preclearance area referred to in paragraph (a) is not being used for the purpose of preclearance, that part of the preclearance area (including a building, or portion of a building) shall, for the time being, cease to be operational.

4. The area or place indicated by the colour blue on the maps contained in the Schedule is designated as a preclearance area only when there is—

(a) a power failure, or failure of equipment or systems normally required for preclearance, and

(b) an agreement in writing between the United States Customs and Border Protection and the Dublin Airport Authority for the area to become operational and for the length of time it will stay operational.

5. (a) Subject to paragraph (b), the area or place indicated by the colour orange on the maps contained in the Schedule is designated as a preclearance area.

(b) When no aircraft at a part of the preclearance area referred to in paragraph (a) is subject to preclearance, that part of the preclearance area shall, for the time being, cease to be operational.

6. The area or place indicated by the colour pink on the maps contained in the Schedule is designated as a preclearance area only when—

(a) it is required for preclearance purposes, in addition to the area indicated by the colour orange, and

(b) there is an agreement in writing between the United States Customs and Border Protection and the Dublin Airport Authority for the area to become operational and for the length of time it will stay operational.

GIVEN under my Official Seal,

18 January 2011.

NOEL DEMPSEY,

Minister for Transport.

EXPLANATORY NOTE.

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

The purpose of these regulations is to designate preclearance areas at Dublin Airport under the Aviation (Preclearance) Act 2009 .