Air Navigation (Eurocontrol) (Route Charges) Regulations, 1971.
Statutory Instruments
Source: Statutory Instruments

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paragraphs: These Regulations may be cited as the Air Navigation (Eurocontrol) (Route Charges) Regulations, 1971, and shall come into operation on the 1st day of November, 1971.
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paragraphs: In these Regulations—
"contracting state" means a state which is not a member state, but which has, by way of special agreement, entrusted the Organisation with the collection, on its behalf, of charges for air navigation services provided by it in the airspace for which it has responsibility;
"member state" means a state which is a member state of the Organisation and which is a party to the multilateral agreement relating to charges for route air navigation facilities and services which was signed on behalf of the Government at Brussels on the 8th day of September, 1970;
"maximum authorised weight" refers, in relation to an aircraft, to the maximum permissible loaded weight, expressed in metric tons, authorised by the certificate of airworthiness of the aircraft issued or validated under the Air Navigation (Airworthiness of Aircraft) Order, 1964 ( S.I. No. 141 of 1964 );
"military aircraft" has the same meaning as in the Air Navigation (General) Regulations, 1930 (S. R. & O., No. 26 of 1930) as amended by the Air Navigation (Amendment) Order, 1951 ( S.I. No. 31 of 1951 );
"the relevant airspace" means the airspace the lateral and vertical extents of which are as follows:
The lateral extent shall be the area provided by straight lines joining the following co-ordinates:
5520N
0655W
—
5525N
0720W
—
5520N
0815W
—
5445N
0900W
—
5434N
1000W
—
5400N
l500W
—
5100N
l500W
—
5100N
0800W
—
5220N
0530W
—
5355N
0530W
—
5425N
0810W
—
5520N
0655W
The vertical extent shall extend from ground level with no upper limit.
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paragraphs: (1) Subject to these Regulations, the operator of any aircraft for which air navigation services (not being air navigation services provided in connection with the use of an aerodrome) are made available in the relevant airspace shall pay to the Organisation in respect of each flight by that aircraft in that airspace, a charge for those services (hereinafter referred to as "the charge") at the appropriate rate calculated in accordance with Regulation 5 or 6:
Provided that if the Organisation is unable, after taking reasonable steps, to ascertain who is the operator, it may give notice to the owner of the aircraft that it will treat him as the operator until he establishes to the reasonable satisfaction of the Organisation that some other person is the operator; and from the time when the notice is given the Organisation shall be entitled, for so long as the owner is unable to establish as aforesaid that some other person is the operator, to treat the owner as if he were the operator, and for that purpose the provisions of these Regulations (other than this proviso) shall apply to the owner of the aircraft as if he were the operator.
(2) No charge shall be made in respect of such a flight as is specified in Regulation 6 which enters the relevant airspace if the operator is liable to a charge in respect of that flight (being a charge of an amount equivalent to the charge in respect thereof which but for this paragraph would have been imposed by virtue of Regulation 6) pursuant to the law of the first State (being a member state, other than Ireland, or a contracting state) overflown during that flight.
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paragraphs: (1) The amount of the charge shall be payable to the Organisation at its principal office in Brussels.
(2) Any charge the amount of which has not been paid within the period of thirty days after the date of the despatch of the invoice therefor shall be liable to be increased by the addition thereto of interest from the date specified in paragraph (3) until the date of payment at the rate of nine per cent. per annum.
(3) Such interest shall commence to run on the first day of the first month following the despatch, by recorded delivery, of a notice to pay by the Organisation, or on the first day of the fifth month following the termination of the flight, whichever is the earlier.
(4) The amount of the charge, increased where appropriate in accordance with paragraph (2), shall be paid in United States dollars.
(5) The equivalent in currency of the State of the charge, increased where appropriate as aforesaid, shall be recoverable in any court of competent jurisdiction in the State.
(6) Nothing in this Regulation shall prevent the Organisation from accepting as a good discharge payment in currencies, other than United States dollars or at places other than the principal office of the Organisation.
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paragraphs: (1) Except in the case of flights specified in Regulation 6, the charge shall be, subject to paragraph (7), calculated according to the following formula:
r = N x 0.8167 United States dollars
where r is the charge for the flight and N is the number of service units relating to the flight.
(2) For the purposes of paragraph (1), the number of service units relating to a flight shall be calculated in accordance with the following formula;
N = d x p
where d is the distance factor for the flight and p is the weight factor for the aircraft concerned.
(3) For the purposes of the preceding paragraph—
(a) the distance factor shall be the number of kilometres in the great circle distance between the points specified in paragraph (4), minus 20 kilometres for each landing and take-off in the relevant airspace, divided by 100 and expressed to two places of decimals, and
(b) the weight factor, subject to paragraph (6), shall be equal to the square root of the quotient obtained by dividing by 50 the number of metric tons in the maximum authorised weight of the aircraft and shall be expressed to two places of decimals.
(4) The points referred to in paragraph (3) are:
(a) the aerodrome of departure within the relevant airspace or, as the case may be, the point specified in paragraph (5) as the standard point of entry into that airspace for the route in question, or, in the case specified in the proviso to that paragraph, the actual point of entry into that airspace, and
(b) the aerodrome of first destination within the relevant airspace or, as the case may be, the point specified in paragraph (5) as the standard point of exit from that airspace for the route in question or, in the case specified in the proviso to that paragraph, the actual point of exit from that airspace.
(5) The standard points of entry and exit referred to in paragraph (4) are the points, as described in Aeronautical Information Publication (Ireland) on the date of the coming into operation of these Regulations, where the median line of the appropriate ATS route so described crosses the boundary of the relevant airspace.
For the purposes of this paragraph, the appropriate route shall be—
(a) the route between the aerodrome of departure and the aerodrome of first destination which appears to the Organisation at the time of the flight to be the most frequently used such route, or
(b) if the Organisation is unable to ascertain which route is the most frequently used at the relevant times, the shortest such route: