The Civil Aviation (Route Charges for Navigation Services) (Second Amendment) Regulations 1996 No. 3089


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Statutory Instruments

1996 No. 3089

CIVIL AVIATION

The Civil Aviation (Route Charges for Navigation Services) (Second Amendment) Regulations 1996

Made

10th December 1996

Laid before Parliament

11th December 1996

Coming into force

1st January 1997

Whereas in pursuance of tariffs approved under the Eurocontrol Convention(1) and under the Multilateral Agreement relating to Route Charges concluded at Brussels on 12th February 1981(1) (being international agreements to which the United Kingdom is a party), the Secretary of State for Transport has determined rates of charges, as specified in the following Regulations, payable to Eurocontrol in respect of navigation services provided for aircraft:

Now, therefore, the Secretary of State for Transport, in exercise of the powers conferred by section 73(1)(a), (1A)(a), (6) and (7) of the Civil Aviation Act 1982(2) and of all other powers enabling him in that behalf, hereby makes the following Regulations:

1. These Regulations may be cited as the Civil Aviation (Route Charges for Navigation Services) (Second Amendment) Regulations 1996 and shall come into force on 1st January 1997.

2. The Civil Aviation (Route Charges for Navigation Services) Regulations 1995(3) shall be amended as follows:

(a)For regulation 5(3) there shall be substituted the following regulation-

"(3) If the amount of the charge payable under regulation 4(1) is not paid in cleared funds by the operator of the aircraft within 30 days of the date payment is demanded by Eurocontrol, interest calculated in accordance with paragraph (4) below on the unpaid amount shall be paid from that day until the date when cleared funds are received by Eurocontrol.".

(b)In regulation 5(4) for the figure "8.69%" there shall be substituted the figure "7.27%".

(c)For regulation 8 there shall be substituted the following regulation-

"8. For the purposes of regulations 6 and 7 the rate of exchange of the ECU to a national currency shall be the average monthly rate of exchange of the ECU to that national currency established by Eurocontrol for the month preceding the month during which the flight takes place.".

(d)After regulation 19 there shall be added the following regulation-

"Records of Movements of Aircraft

20.-(1) This regulation shall apply to any aerodrome to which section 88 of the Civil Aviation Act 1982(4) applies and to Belfast International Airport, Belfast City Airport and City of Derry Airport.

(2) The manager of any aerodrome to which this regulation applies shall keep a log (hereafter in this regulation referred to as "the aircraft movement log") in which the following particulars shall be recorded:

(a)the type and registration mark of each aircraft taking off from or landing at the aerodrome;

(b)the date and time of each such take off and landing;

(c)the origin or destination of each aircraft as the case may be.

(3) The aircraft movement log shall be preserved by the aerodrome manager for a period of two years after the date of the last entry therein.

(4) The aircraft movement log shall be maintained in a legible form or in a form which is capable of being reproduced in a legible form.

(5) The aerodrome manager shall, within seven days after being requested to do so by any officer of the CAA, produce to such officer the aircraft movement log in a legible form.".

(e)For Schedule 2 thereof there shall be substituted-

Regulations 3(1), 6(1) and 7

"SCHEDULE 2SPECIFIED AIRSPACES

(1)(2)(3)(4)
CountryPublication in which FIRS are describedUnit Rate in ECUsEstablished at a Rate of exchange of
AustriaAIP Austria59.721 ECU=13.4475 Sch
Belgium & LuxembourgAIP Belgique68.391 ECU=39.3520 BF
CyprusAIP Cyprus22.901 ECU=0.588890 £Cy
Czech RepublicAIP Czech Republic49.091 ECU=33.7305 CZK
DenmarkAIP Denmark54.661 ECU=7.36091 DKr
FranceAIP France (France Metropolitaine)61.891 ECU=6.50787 FF
GermanyAIP Germany72.891 ECU=1.91115 DM
GreeceAIP Greece35.151 ECU=303.798 Dra
HungaryAIP Hungary24.011 ECU=198.814 Hf
Ireland Republic ofAIP Ireland21.201 ECU=0.788059 £Ir
ItalyAIP Italy65.211 ECU=1929.22 L
MaltaAIP Malta43.661 ECU=0.457648 Lm
NetherlandsAIP Netherlands55.761 ECU=2.14253 G
NorwayAIP Norway50.961 ECU=8.19539 NKr
PortugalAIP Portugal36.19 Santa Maria FIRS-12.721 ECU=195.200 Esc
SlovakiaAIP Slovakia68.671 ECU=38.9975 SKK
SloveniaAIP Slovenia76.331 ECU=170.483 SIT
SpainAIP EspanaMadrid & Barcelona FIRS-51.65 Canaries FIRS-48.501 ECU=161.095 Pts
SwedenAIP Sweden46.801 ECU=8.42542 SKr
SwitzerlandAIP Switzerland84.871 ECU=1.56306 SF
TurkeyAIP Turkey48.571 ECU=112870.0 LT
United KingdomUnited Kingdom Air Pilot*75.011 ECU=£0.813841

* Excluding Shanwick FIR"

(f)For Schedule 3 thereof there shall be substituted-

Regulation 7

"SCHEDULE 3

(1)(2)(3)
Aerodromes of departure (or of first destination) situatedAerodromes of first destination (or of departure)Amount of the charge in ECUs
ZONE I
-�between W01400 and W11000 and North of N5500 with the exception of IcelandCopenhagen512.37
Frankfurt1157.26
London734.66
Paris985.12
Prestwick384.80
ZONE II
-�between W04000 and W11000 and N2800 and N5500Abidjan164.72
Amman2054.58
Amsterdam725.97
Athens1817.34
Bahrain1892.98
Banjul159.64
Barcelona775.04
Basle862.61
Belfast184.56
Berlin1078.82
Birmingham408.48
Bordeaux500.95
Bristol405.85
Brussels718.25
Bucharest1489.82
Budapest1430.14
Cairo2085.77
Cardiff267.01
Casablanca355.56
Cologne-Bonn877.40
Copenhagen634.08
Dakar159.51
Dublin118.31
Duüsseldorf839.49
East Midlands382.56
Frankfurt954.97
Geneva867.26
Glasgow273.04
Gothenburg830.28
Hamburg910.46
Helsinki688.78
Istanbul1470.30
Jeddah1971.28
Johannesburg159.89
Kiev1228.47
Lagos160.40
-�between W04000 and W11000 and N2800 and N5500Larnaca1977.65
Las Palmas (Canary Islands)499.01
Leeds and Bradford401.57
Lille625.48
Lisbon389.22
London477.82
Luxembourg858.69
Lyons746.46
Maastricht767.41
Madrid578.42
Malaga620.98
Manchester335.88
Manston539.59
Marseilles883.20
Milan1037.38
Monrovia159.64
Moscow862.89
Munich1159.71
Nantes435.74
Naples1408.31
Newcastle386.44
Nice923.11
Oporto283.13
Oslo297.61
Ostend608.29
Paris663.43
Ponta Delgada (Azores)165.61
Prague1189.72
Prestwick248.46
Riyadh1959.05
Rome1269.42
Sal Island (Cape Verde)159.51
Santa Maria (Azores)177.19
Santiago271.61
Shannon80.56
Sofia1416.97
Stockholm507.63
Stuttgart980.26
Tel-Aviv2088.61
Tenerife460.01
Toulouse-Blagnac658.71
Turin999.31
Venice1288.78
Vienna1345.57
Warsaw980.30
Zurich985.40
ZONE III
-�West of W11000 and between N2800 and N5500Amsterdam809.67
Copenhagen581.05
Cologne-Bonn924.03
Duüsseldorf930.09
-�West of W11000 and between N2800 and N5500Frankfurt1035.24
Geneva1122.94
Glasgow343.55
Helsinki617.62
London704.95
Luxembourg985.47
Madrid455.81
Manchester545.27
Milan1297.55
Moscow570.24
Muünich1366.84
Paris903.88
Prestwick343.55
Rome1311.10
Shannon76.74
Warsaw650.68
Zuürich1172.59
ZONE IV
-�West of W04000 and between N2000 and N2800 (including Mexico)Amsterdam747.28
Barcelona917.79
Berlin881.50
Brussels719.76
Cologne-Bonn864.18
Duüsseldorf885.92
Frankfurt947.87
Hamburg904.62
Helsinki727.79
Las Palmas (Canary Islands)595.35
Lisbon454.87
London497.76
Luxembourg908.67
Madrid609.22
Manchester344.73
Milan1006.61
Muünich1117.84
Paris634.34
Prague1164.63
Rome1199.29
Sal Island (Cape Verde)104.18
Salzburg1146.85
Santa Maria (Azores)178.21
Santiago464.04
Shannon169.60
Vienna1301.83
Zuürich932.90
ZONE V
-�West of W04000 and between the Equator and N2000Amsterdam903.14
Barcelona929.67
Basle968.61
Berlin1266.15
Bordeaux823.55
Brussels820.94
Cologne-Bonn996.09
Copenhagen1353.70
Duüsseldorf1022.76
Frankfurt1046.96
Glasgow358.15
-�West of W04000 and between the Equator and N2000Hamburg1075.36
Hannover1057.88
Helsinki1194.20
Las Palmas (Canary Islands)609.20
Lille901.55
Lisbon539.61
London669.93
Lyons972.76
Madrid714.61
Manchester406.23
Marseilles1141.28
Milan1117.82
Munich1153.29
Nantes792.62
Oporto524.83
Paris868.08
Porto Santo (Madeira)346.67
Prestwick358.15
Rome1466.96
Salzburg1170.90
Santa Maria (Azores)233.16
Santiago546.96
Shannon277.55
Stuttgart991.39
Tenerife604.35
Toulouse-Blagnac952.26
Vienna1358.92
Zuürich1092.10"

Signed by authority of the Secretary of State for Transport Goschen

Parliamentary Under Secretary of State,

Department of Transport

10th December 1996

Explanatory Note

(This note is not part of the Regulations)

These Regulations further amend the Civil Aviation (Route Charges for Navigation Services) Regulations 1995 ("the Principal Regulations") as follows:

Regulation 5(3) of the Principal Regulations is amended to provide that if the amount of the charge payable under regulation 4(1) of the Principal Regulations is not paid in cleared funds by the operator of the aircraft within 30 days of the date payment is demanded by Eurocontrol, interest shall be paid from that day until the date when cleared funds are received by Eurocontrol (regulation 2(a)).

In regulation 5(4) of the Principal Regulations the rate of interest is reduced from 8.69% to 7.27% (regulation 2(b)).

Regulation 8 of the Principal Regulations is amended to provide for the establishment of the average monthly rate of exchange of the ECU to a national currency by Eurocontrol (regulation 2(c)).

A new regulation is introduced requiring the manager of every aerodrome to which section 88 of the Civil Aviation Act 1982 applies together with Belfast International Airport, Belfast City Airport and City of Derry Airport to keep an aircraft movement log which records particulars of the type and registration mark of each aircraft taking off from or landing at the aerodrome, the date and time of each such take off and landing and the origin or destination of each aircraft. The log has to be preserved for a period of 2 years after the date of the last entry and has to be capable of being reproduced in a legible form (regulation 2(d)).

New unit rates and transatlantic charges are introduced, reflecting forecasts of costs and traffic for 1997 and taking into account the balance of over and under recoveries of revenue as compared with costs experienced by the countries participating in the Eurocontrol charging system in 1995. Italy, Slovakia and Sweden became participating States in the Eurocontrol charging system from 1st January 1997 (regulations 2(e) and (f)).

The unit rates in ECUs set out in Schedule 2 to the Principal Regulations and the amount of the charges in ECUs set out in Schedule 3 to the Principal Regulations (for transatlantic flights) are calculated by reference to the costs of provision of en-route navigation services in the participating countries in the Eurocontrol charges system, the amount of traffic using each country's airspace and the relationship of each country's currency to the ECU over a period agreed by Ministers of the participating countries. The interaction of these elements varies in each country. In calculating the revised charges the average of the exchange rates between the ECU and the currencies of the participating countries obtaining in the month of July 1996 have been used.

The unit rates for Austria, Belgium, Czech Republic, Denmark, France, Germany, Luxembourg, Netherlands, Norway, Portugal and Switzerland have decreased on average by 6.1%. The unit rates for Cyprus, Greece, Hungary, Ireland, Malta, Slovenia, Spain and Turkey have increased on average by 32.2% and for Portugal (Santa Maria) and Spain (Canaries) by 37.9%. The unit rate for the United Kingdom has decreased by 0.1%.

Amman, Gothenburg, Salzburg, Copenhagen and Lille have been added to certain zones in Schedule 3.

The United Kingdom Air Pilot and the foreign Aeronautical Information Publications referred to in the Regulations can be purchased from the Civil Aviation Authority, Greville House, 37 Gratton Road, Cheltenham, Glos GL50 2BN and can be inspected at major aerodromes in the United Kingdom.

(1)

Cmnd. 8662.

(2)

1982 c. 16; section 73(1A) was added by section 1 of the Civil Aviation (Air Navigation Charges) Act 1989 (c. 9); "prescribed" is defined in section 105(1).

(3)

S.I. 1995/3160, amended by S.I. 1996/1495.

(4)

Section 88(10) was amended by section 83(5) and Part I of Schedule 6 to the Airports Act 1986 (c. 31) and section 180(2) of and Schedule 14 to the Local Government etc. (Scotland) Act 1994 (c. 39).


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