Air Navigation (Eurocontrol) (Route Charges) Regulations, 1989.
Statutory Instruments
Source: Statutory Instruments

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paragraphs: These Regulations may be cited as the Air Navigation (Eurocontrol) (Route Charges) Regulations, 1989 and shall come into operation on the 1st day of January, 1990.
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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 Aircrafts) Order, 1964 ( S.I. No. 141 of 1964 );
"military aircraft" means aircraft used in military service and includes naval, military and air force aircraft, and every aircraft commanded by a person in naval, military or air force service;
"the Organisation" has the meaning assigned to it by the Air Navigation (Eurocontrol) Act, 1963 (No. 15 of 1963);
"the relevant airspace" means the airspace the lateral and vertical extent of which are as follows:
( a ) the lateral extent shall be the area provided by straight lines joining the following co-ordinates:
5520N 0655W — 5525N 0720W —
5520N 0815W — 5445N 0900W —
5434 N 1000W — 5400N 1500W —
5100N 1500W — 5100N 0800W —
5220N 0530W — 5355N 0530W —
5425N 0810W — 5520N 0655W;
( b ) 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 an 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 of these Regulations.
(2) Where 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 established 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 paragraph) shall apply to the owner of the aircraft as if he were the operator.
(3) No charge shall be made in respect of such a flight as is specified in Regulation 6 of these Regulations 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 the State, or a contracting state) overflown during the 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) The amount of the charge shall be paid in European Currency Units.
(3) The equivalent in currency of the State of the charge shall be recoverable in any court of competent jurisdiction in the State.
(4) Nothing in this Regulation shall prevent the Organisation from accepting as a good discharge payment in currencies, other than European Currency Units or at places other than the principal office of the Organisation.
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paragraphs: (1) ( a ) Except in the case of flights specified in Regulation 6 of these Regulations, the charge shall be calculated according to the following formula:
r = N x the unit rate
where r is the charge for the flight, N is the number of service units relating to the flight and the unit rate is the rate expressed as an amount in European Currency Units applied by the Organisation on the first day of each month and is recalculated monthly by applying the average monthly rate of exchange (being the average of the daily rates of exchange over the month) of the European Currency Unit to the Irish Pound for the month preceding the month during which the flight takes place. The exchange rate applied shall be the rate published in the Official Journal of the European Communities (Information and notices).
( b ) Notice of the amount of the unit rate shall be published in Iris OifigiÃºil as soon as may be after the rate has been ascertained and a copy of the said Iris OifigiÃºil purporting to contain any such notice shall be received in evidence and shall be sufficient evidence of the amount of the said unit rate in any legal proceedings in the State relating to the charge.
(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) of this Regulation, 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) of this Regulation, shall be equal to the square roof 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) of this Regulation are:
( a ) the aerodrome of departure within the relevant airspace or, as the case may be, the point specified in paragraph (5) of this Regulation as the standard point of entry into that airspace for the route in question, or, in the case specified in subparagraph (d) of 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) of this Regulation as the standard point of exit from that airspace for the route in question or, in the case specified in subparagraph (d ) of that paragraph, the actual point of exit from that airspace.