S.I. No. 418/1983:

AIR NAVIGATION (EUROCONTROL) (ROUTE CHARGES) (AMENDMENT) (No. 2) REGULATIONS, 1983.

AIR NAVIGATION (EUROCONTROL) (ROUTE CHARGES) (AMENDMENT) (No. 2) REGULATIONS, 1983.

I, JIM MITCHELL, Minister for Transport, in exercise of the powers conferred on me by section 12 of the Air Navigation (Eurocontrol) Act, 1963 (No. 15 of 1963) (as amended by section 1 of the Air Navigation (Eurocontrol) Act, 1971 (No. 19 of 1971)), and the Tourism and Transport (Alteration of Name of Department and Title of Minister) Order, 1980 ( S.I. No. 11 of 1980 ), hereby make the following regulations (the charges thereunder having been determined in pursuance of tariffs approved under an international agreement to which the State is a party):

1. (1) These Regulations may be cited as the Air Navigation (Eurocontrol) (Route Charges) (Amendment) (No. 2) Regulations, 1983, and shall come into operation on the 1st day of January, 1984.

(2) The collective citation "the Air Navigation (Eurocontrol) (Route Changes) Regulations, 1980 and 1983" shall include these Regulations.

2. The Air Navigation (Eurocontrol) (Route Charges) Regulations, 1980 ( S.I. No. 78 of 1980 ), are hereby amended by:

(a) the substitution in Regulation 5(1) for "35.26 United States dollars" (inserted by the Air Navigation (Eurocontrol) (Route Charges) (Amendment) Regulations, 1983 ( S.I. No. 82 of 1983 )) of "26.09 United States dollars",

(b) the substitution, as on and from the 1st day of February, 1984, in Regulation 5 of the following paragraph for paragraph (1):

"(1) (a) Except in the case of flights specified in Regulation 6, 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 United States dollars applied by the Organisation on the first day of each month and is recalculated monthly by applying the average monthly rate of exchange of the United States Dollar to the Irish Pound as established by the International Monetary Fund and published in its International Financial Statistics for the month preceding the month during which the flight takes place.

(b) Notice of the amount of the unit rate shall be published in Iris Oifigiúil as soon as may be after the rate has been ascertained and a copy of the said Iris Oifigiúil 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.",

(c) the insertion after Regulation 6(1) of the following paragraph:

"(1A) (a) The charges specified in column (3) of the Schedule to these Regulations (inserted by the Air Navigation (Eurocontrol) (Route Charges) (Amendment) (No. 2) Regulations, 1983)) shall be recalculated monthly by the Organisation by applying the average monthly rate of exchange of the United States Dollar to the Irish Pound as established by the International Monetary Fund and published in its International Financial Statistics for the month preceding the month during which the flight takes place.

(b) Notice of the amounts of the charges specified in column (3) of the Schedule to these Regulations shall be published in Iris Oifigiúil as soon as may be after the amounts of those charges has been ascertained and a copy of the said Iris Oifigiúil purporting to contain any such notice shall be received in evidence and shall be sufficient evidence of the amounts of the said charges in any legal proceedings in the State concerning the same.", and

(d) the substitution for the Schedule thereto (inserted by the Air Navigation (Eurocontrol) (Route Charges) (Amendment) Regulations, 1983) of the following Schedule:

"Schedule

GIVEN under my Official Seal this 30th day of December, 1983.

JIM MITCHELL,

Minister for Transport.

EXPLANATORY NOTE

These Regulations provide for the application of route charges at a rate of recovery of 100% of forecast costs.