1998 No. 2999

CIVIL AVIATION

The Civil Aviation (Route Charges for Navigation Services) (Second Amendment) Regulations 1998

Made

Laid before Parliament

Coming into force

Whereas in pursuance of tariffs approved under the Eurocontrol Convention1 and under the Multilateral Agreement relating to Route Charges concluded at Brussels on 12th February 19811 (being international agreements to which the United Kingdom is a party), the Secretary of State for the Environment, Transport and the Regions 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 the Environment, Transport and the Regions, in exercise of the powers conferred by section 73(1)(a) and (6) of the Civil Aviation Act 19822 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 1998 and shall come into force on 1st January 1999.

2

The Civil Aviation (Route Charges for Navigation Services) Regulations 19973 shall be amended as follows:

1

In regulation 3(1) the definition of “ECUs” shall be omitted.

2

In regulations 5(1) and (5) and 6(1) for “ECUs” there shall be substituted “ euros”.

3

In regulation 5(4) for the figure “7.73%” there shall be substituted “ 6.75%”.

4

In regulation 6(1) and (8) for “ECU” there shall be substituted “ euro”.

5

For regulation (7)(v) there shall be substituted the following–

v

flights other than the flights referred to in paragraph (i) of this regulation made exclusively for the purpose of the carriage on official business of a reigning Monarch or his immediate family, a Head of State, a Head of Government or a Government Minister;

6

For Schedule 2 there shall be substituted the following Schedule–

SCHEDULE 2SPECIFIED AIRSPACES

Regulations 3(1), 4(3) and 6(1)

(1)

(2)

(3)

(4)

Country

Publication in which FIRs are described

Unit Rate in euros

Established at a rate of exchange of

Austria

AIP Austria

54.36

1 euro = 13.82542 Sch

Belgium and Luxembourg

AIP Belgique

74.87

1 euro = 40.54495 BF

Bulgaria

AIP Bulgaria

58.25

Croatia

AIP Croatia

47.69

1 euro = 7.168122 HRK

Cyprus

AIP Cyprus

24.39

1 euro = 0.582691 £Cy

Czech Republic

AIP Czech Republic

46.00

1 euro = 35.31326 CZK

Denmark

AIP Denmark

51.91

1 euro = 7.488800 Kr

France

AIP France (France Métropolitaine)

59.60

1 euro = 6.591286 FF

Germany

AIP Germany

62.80

1 euro = 1.966423 DM

Greece

AIP Greece

19.19

1 euro = 338.3268 Dra

Hungary

AIP Hungary

23.23

1 euro = 254.7248 Hf

Ireland, Republic of

AIP Ireland

22.28

1 euro = 0.784127 £Ir

Italy

AIP Italy

64.74

1 euro = 1942.533 L

Former Yugoslav Republic of Macedonia

AIP FYROM

50.38

1 euro = 60.91920 MKD

Malta

AIP Malta

35.09

1 euro = 0.441917 Lm

Netherlands

AIP Netherlands

46.95

1 euro = 2.218255 G

Norway

AIP Norway

45.17

1 euro = 8.726241 KR

Portugal

AIP Portugal

Lisbon FIR–41.08

Santa Maria FIR–19.92

1 euro = 201.4387 Esc

Romania

AIP Romania

40.06

Slovakia

AIP Slovakia

71.00

1 euro = 40.35945 SKK

Slovenia

AIP Slovenia

63.76

1 euro = 185.7728 SIT

Spain

AIP España

Madrid & Barcelona FIR–44.35

Canaries FIR–43.35

1 euro = 166.9189 Pts

Sweden

AIP Sweden

48.23

1 euro = 9.121345 SKr

Switzerland

AIP Switzerland

71.55

1 euro = 1.619359 SF

Turkey

AIP Turkey

43.99

United Kingdom

United Kingdom Air Pilot*

76.89

1 euro = £0.687336

*

Excluding Shanwick FIR

Signed by authority of the Secretary of State for the Environment, Transport and the Regions

Glenda JacksonParliamentary Under Secretary of State,Department of the Environment, Transport and the Regions

(This note is not part of the Regulations)

These Regulations further amend the Civil Aviation (Route Charges for Navigation Services) Regulations 1997 (the “principal Regulations”) as follows:

1

In regulation 3(1) of the principal Regulations the definition of “ ECUs” is withdrawn (regulation 2(1)).

2

Regulation 5(1) is amended to require the payment of charges in euros (regulation 2(2)). Consequential changes are made in regulation 2(2) and (4).

3

In regulation 5(4) of the principal Regulations the rate of interest payable is decreased from 7.73% to 6.75% (regulation 2(3)).

4

In paragraph (v) of regulation 7 the exemption from the regulations in the case of flights made by aircraft which are used in the service of a State is amended to restrict the exemption to flights made exclusively for the purpose of the carriage on official business of a reigning Monarch or his immediate family, a Head of State, a Head of Government or a Government Minister (regulation 2(5)).

5

New unit rates are introduced in Schedule 2 of the principal Regulations. Unit rates are expressed in euros.

The unit rates in euros set out in Schedule 2 of the principal Regulations 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 euro 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 rate between the ECU and the currencies of the participating countries obtaining in the month of July 1998 have been used. The euro will replace the ECU at the rate of one euro for one ECU. In the case of Bulgaria, Romania and Turkey the unit rate is established in euros.

The unit rates of Austria, Belgium, Bulgaria, Denmark, France, Germany, Greece, Hungary, Ireland, Italy, Luxembourg, Norway, Slovenia, Spain (Madrid and Barcelona FIRs), Sweden and Switzerland decrease on average by 5.4%. The unit rate for Spain (Canaries FIR) decreases by 6.1%. The unit rates of Croatia, Cyprus, Czech Republic, Malta, Netherlands, Portugal, Romania, Slovakia and Turkey increase on average by 4.1%. The unit rate for Portugal (Santa Maria FIR) increases by 35.1%. The unit rate of the United Kingdom decreases by 3.3%.

The United Kingdom Air Pilot and the foreign Aeronautical Information Publications referred to in the Regulations can be purchased from Westward Digital Limited, 37 Windsor Street, Cheltenham, Gloucestershire GL52 2DG and can be inspected at major aerodromes in the United Kingdom.