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

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 2 SPECIFIED AIRSPACES

(1)	(2)	(3)	(4)
Country	Publication in which FIRS are described	Unit Rate in ECUs	Established at a Rate of exchange of
Austria	AIP Austria	59.72	1 ECU=13.4475 Sch
Belgium & Luxembourg	AIP Belgique	68.39	1 ECU=39.3520 BF
Cyprus	AIP Cyprus	22.90	1 ECU=0.588890 £Cy
Czech Republic	AIP Czech Republic	49.09	1 ECU=33.7305 CZK
Denmark	AIP Denmark	54.66	1 ECU=7.36091 DKr
France	AIP France (France Metropolitaine)	61.89	1 ECU=6.50787 FF
Germany	AIP Germany	72.89	1 ECU=1.91115 DM
Greece	AIP Greece	35.15	1 ECU=303.798 Dra
Hungary	AIP Hungary	24.01	1 ECU=198.814 Hf
Ireland Republic of	AIP Ireland	21.20	1 ECU=0.788059 £Ir
Italy	AIP Italy	65.21	1 ECU=1929.22 L
Malta	AIP Malta	43.66	1 ECU=0.457648 Lm
Netherlands	AIP Netherlands	55.76	1 ECU=2.14253 G
Norway	AIP Norway	50.96	1 ECU=8.19539 NKr
Portugal	AIP Portugal	36.19 Santa Maria FIRS—12.72	1 ECU=195.200 Esc
Slovakia	AIP Slovakia	68.67	1 ECU=38.9975 SKK
Slovenia	AIP Slovenia	76.33	1 ECU=170.483 SIT
Spain	AIP Espana	Madrid & Barcelona FIRS—51.65 Canaries FIRS—48.50	1 ECU=161.095 Pts
Sweden	AIP Sweden	46.80	1 ECU=8.42542 SKr
Switzerland	AIP Switzerland	84.87	1 ECU=1.56306 SF
Turkey	AIP Turkey	48.57	1 ECU=112870.0 LT
United Kingdom	United Kingdom Air Pilot*	75.01	1 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) situated	Aerodromes 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 Iceland	Copenhagen	512.37
	Frankfurt	1157.26
	London	734.66
	Paris	985.12
	Prestwick	384.80
ZONE II
–between W04000 and W11000 and N2800 and N5500	Abidjan	164.72
	Amman	2054.58
	Amsterdam	725.97
	Athens	1817.34
	Bahrain	1892.98
	Banjul	159.64
	Barcelona	775.04
	Basle	862.61
	Belfast	184.56
	Berlin	1078.82
	Birmingham	408.48
	Bordeaux	500.95
	Bristol	405.85
	Brussels	718.25
	Bucharest	1489.82
	Budapest	1430.14
	Cairo	2085.77
	Cardiff	267.01
	Casablanca	355.56
	Cologne-Bonn	877.40
	Copenhagen	634.08
	Dakar	159.51
	Dublin	118.31
	Duüsseldorf	839.49
	East Midlands	382.56
	Frankfurt	954.97
	Geneva	867.26
	Glasgow	273.04
	Gothenburg	830.28
	Hamburg	910.46
	Helsinki	688.78
	Istanbul	1470.30
	Jeddah	1971.28
	Johannesburg	159.89
	Kiev	1228.47
	Lagos	160.40
–between W04000 and W11000 and N2800 and N5500	Larnaca	1977.65
	Las Palmas (Canary Islands)	499.01
	Leeds and Bradford	401.57
	Lille	625.48
	Lisbon	389.22
	London	477.82
	Luxembourg	858.69
	Lyons	746.46
	Maastricht	767.41
	Madrid	578.42
	Malaga	620.98
	Manchester	335.88
	Manston	539.59
	Marseilles	883.20
	Milan	1037.38
	Monrovia	159.64
	Moscow	862.89
	Munich	1159.71
	Nantes	435.74
	Naples	1408.31
	Newcastle	386.44
	Nice	923.11
	Oporto	283.13
	Oslo	297.61
	Ostend	608.29
	Paris	663.43
	Ponta Delgada (Azores)	165.61
	Prague	1189.72
	Prestwick	248.46
	Riyadh	1959.05
	Rome	1269.42
	Sal Island (Cape Verde)	159.51
	Santa Maria (Azores)	177.19
	Santiago	271.61
	Shannon	80.56
	Sofia	1416.97
	Stockholm	507.63
	Stuttgart	980.26
	Tel-Aviv	2088.61
	Tenerife	460.01
	Toulouse-Blagnac	658.71
	Turin	999.31
	Venice	1288.78
	Vienna	1345.57
	Warsaw	980.30
	Zurich	985.40
ZONE III
–West of W11000 and between N2800 and N5500	Amsterdam	809.67
	Copenhagen	581.05
	Cologne-Bonn	924.03
	Duüsseldorf	930.09
–West of W11000 and between N2800 and N5500	Frankfurt	1035.24
	Geneva	1122.94
	Glasgow	343.55
	Helsinki	617.62
	London	704.95
	Luxembourg	985.47
	Madrid	455.81
	Manchester	545.27
	Milan	1297.55
	Moscow	570.24
	Muünich	1366.84
	Paris	903.88
	Prestwick	343.55
	Rome	1311.10
	Shannon	76.74
	Warsaw	650.68
	Zuürich	1172.59
ZONE IV
–West of W04000 and between N2000 and N2800 (including Mexico)	Amsterdam	747.28
	Barcelona	917.79
	Berlin	881.50
	Brussels	719.76
	Cologne—Bonn	864.18
	Duüsseldorf	885.92
	Frankfurt	947.87
	Hamburg	904.62
	Helsinki	727.79
	Las Palmas (Canary Islands)	595.35
	Lisbon	454.87
	London	497.76
	Luxembourg	908.67
	Madrid	609.22
	Manchester	344.73
	Milan	1006.61
	Muünich	1117.84
	Paris	634.34
	Prague	1164.63
	Rome	1199.29
	Sal Island (Cape Verde)	104.18
	Salzburg	1146.85
	Santa Maria (Azores)	178.21
	Santiago	464.04
	Shannon	169.60
	Vienna	1301.83
	Zuürich	932.90
ZONE V
–West of W04000 and between the Equator and N2000	Amsterdam	903.14
	Barcelona	929.67
	Basle	968.61
	Berlin	1266.15
	Bordeaux	823.55
	Brussels	820.94
	Cologne-Bonn	996.09
	Copenhagen	1353.70
	Duüsseldorf	1022.76
	Frankfurt	1046.96
	Glasgow	358.15
–West of W04000 and between the Equator and N2000	Hamburg	1075.36
	Hannover	1057.88
	Helsinki	1194.20
	Las Palmas (Canary Islands)	609.20
	Lille	901.55
	Lisbon	539.61
	London	669.93
	Lyons	972.76
	Madrid	714.61
	Manchester	406.23
	Marseilles	1141.28
	Milan	1117.82
	Munich	1153.29
	Nantes	792.62
	Oporto	524.83
	Paris	868.08
	Porto Santo (Madeira)	346.67
	Prestwick	358.15
	Rome	1466.96
	Salzburg	1170.90
	Santa Maria (Azores)	233.16
	Santiago	546.96
	Shannon	277.55
	Stuttgart	991.39
	Tenerife	604.35
	Toulouse-Blagnac	952.26
	Vienna	1358.92
	Zuürich	1092.10”

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).