Air Navigation (Eurocontrol) (Route Charges) Regulations, 1980.
Statutory Instruments
Source: Statutory Instruments

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paragraphs: These Regulations may be cited as the Air Navigation (Eurocontrol) (Route Charges) Regulations, 1980, and shall come into operation on the 1st day of April, 1980.
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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" 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 extents 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—
5434N 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 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.
(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 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 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 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) The amount of the charge shall be paid in United States dollars.
(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 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 calculated according to the following formula:
r = N × 19 6874 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 × 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 sub-paragraph (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) as the standard point of exit from that airspace for the route in question or, in the case specified in sub-paragraph (d) of that paragraph, the actual point of exit from that airspace.
(5) ( a ) 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.
( b ) For the purposes of this paragraph, the appropriate route shall be—
(i) 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
(ii) if the Organisation is unable to ascertain which route is the most frequently used at the relevant times, the shortest such route.
( c ) Most frequently used routes shall be revised by the Organisation annually, not later than the 1st day of November, so as to take account of modifications which may exist in the route or traffic structure.