The Civil Aviation (Route Charges for Navigation Services) (Amendment) Regulations 1989

Made: 1st December 1989

Laid before Parliament: 11th December 1989

Coming into force: 1st January 1990

Now, therefore, the Secretary of State for Transport in exercise of his powers under section 73 (1)(a), (1A)(a) and (b), (4) and (6)(b)(i) of the Civil Aviation Act 1982[^f00002] 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) (Amendment) Regulations 1989 and shall come into force on 1st January 1990.

2

The Civil Aviation (Route Charges for Navigation Services) Regulations 1989[^f00003] shall be amended as follows:

• (1) In regulation 3(1) before the definition of the expression “FIR” there shall be added the following definition:

• “ECUs” means European Currency Units being units of account defined by reference to more than one currency;

• (2) For the expression “United States dollars” wherever it appears there shall be substituted the expression “ECUs”.

• (3) For regulation 5 thereof there shall be substituted the following new regulation:

(5) (1) The amount of the charge shall be payable to the Organisation at its principal office in Brussels and shall be paid in ECUs. (2) Without prejudice to any existing rule of law relating to the payment, under an order of the Court, of a debt expressed in ECUs, the equivalent in Sterling of the charge may be recovered in any Court of competent jurisdiction in the United Kingdom. (3) Nothing in this regulation shall prevent the Organisation from accepting as a good discharge payment other than in ECUs or at places other than the principal office of the Organisation.

• (4) For regulation 8 thereof there shall be substituted the following new regulation–

(8) (1) For the purposes of regulations 6 and 7 the rate of exchange of the ECU to a national currency shall be – (a) Where the average monthly rate of exchange of the ECU to that national currency is established by the Commission of the European Communities, such rate of exchange, and publication in the Official Journal of the European Communities (Information and Notices) for the month preceding the month during which the flight takes place shall be sufficient evidence of that matter unless the contrary is proved; and a document purporting to be the Official Journal (Information and Notices) shall in any proceedings be received in evidence and, unless the contrary is proved, be deemed to be such a document; and (b) Where the average monthly rate of exchange of the ECU to that national currency is not established by the Commission of the European Communities, such rate of exchange as is calculated by reference to the rate of exchange between the ECU and the United States dollar and between the relevant national currency and the United States dollar established by the International Monetary Fund and publication in the International Financial Statistics of the International Monetary Fund for the month preceding the month during which the flight takes place shall be sufficient evidence of that matter unless the contrary is proved; and a document purporting to be the International Financial Statistics published by the International Monetary Fund shall in any proceedings be received in evidence and, unless the contrary is proved, be deemed to be such a document. (2) (a) Where the average monthly rate of exchange of the ECU to a national currency is established by the Commission of the European Communities, in the event that the Commission of the European Communities does not publish the Official Journal (Information and Notices) for the month preceding the month during which the flight takes place, a certificate given by or on behalf of the Treasury stating the average monthly rate of exchange of the ECU to the relevant national currency for the month preceding the month during which the flight takes place shall be sufficient evidence of that matter unless the contrary is proved; and a document purporting to be such a certificate shall in any proceedings be received in evidence and, unless the contrary is proved, be deemed to be such a certificate. (b) Where the average monthly rate of exchange of the ECU to a national currency is not established by the Commission of the European Communities, in the event that the International Monetary Fund does not publish the International Financial Statistics for the month during which the flight takes place, a certificate given by or on behalf of the Treasury stating the average monthly rate of exchange between the ECU and the United States dollar and between the relevant national currency and the United States dollar for the month preceding the month during which the flight takes place shall be sufficient evidence of that matter unless the contrary is proved; and a document purporting to be such a certificate shall in any proceedings be received in evidence and, unless the contrary is proved, be deemed to be such a certificate.

• (5) For Schedule 2 thereof shall be substituted Schedule 1 to these Regulations.

• (6) For Schedule 3 thereof there shall be substituted Schedule 2 to these Regulations.

SCHEDULE 1 — SPECIFIED AIRSPACES

SCHEDULE 2

Signed

Signed by the authority of the Secretary of State for Transport

Patrick McLoughlin — Parliamentary Under Secretary of State, — Department of Transport — 1st December 1989

Explanatory note

(This note is not part of the Regulations)

These Regulations amend the Civil Aviation (Route Charges for Navigation Services) Regulations 1989 as follows–

The European Currency Unit replaces the United States dollar as from 1st January 1990 for the purposes of payment and calculation of the charge payable to the Eurocontrol Organisation as agreed between the Member State of Eurocontrol (regulations 2(1), (2) and (3)).

For the purpose of calculating the charges specified in regulations 6 and 7 of the principal Regulations the rate of exchange of the ECU to a national currency shall in cases where the Commission of the European Communities has established the average monthly rate of exchange of the ECU to a national currency be that rate of exchange, which is published in the Commissions Official Journal (Information and Notices). In cases where the Commission of the European Communities has not established the average monthly rate of exchange of the ECU to a national currency, the relevant rate of exchange is to be calculated by reference to the rates of exchange between the ECU and the United States dollar and between the national currency and the United States dollar established by the International Monetary Fund and published in the Funds International Financial Statistics (regulation 2(4)). Both publications can be inspected at the Civil Aviation Authority Central Library, CAA House, 45-59 Kingsway, London WC2B 6TE.

New rates and transatlantic tariffs are introduced reflecting forecasts of costs and traffic for 1990 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 1988 (regulation 2(5) and Schedule 1).

The unit rates in ECUs set out in Schedule 1 and the amount of the charges in ECUs set out in Schedule 2 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 the traffic using each countrys airspace and the relationship of each countrys 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 1989 have been used. Malta which became a Member State of Eurocontrol in 1989 is included for the first time.

The unit rates for Austria, Belgium, Federal Republic of Germany, Grand Duchy of Luxembourg, Ireland, Netherlands and Switzerland have decreased by an average of 15.0 per cent and for Portugal (Santa Maria) by 4.6 per cent. The unit rates for France, Greece, Portugal (Mainland), Spain (Mainland) and Turkey have increased on average by 29.4 per cent and for Spain (Canaries) by 37.9 per cent. The unit rate for the United Kingdom has increased by 39.7 per cent. These variations are not comparable as some countries are repaying in 1990 large sums over recovered in previous years.

Footnotes

[^f00001]: Cmnd. 8662.

[^f00002]: 1982. c.16; section 73(4) was amended by section 3(2) of the Civil Aviation (Eurocontrol) Act 1983 (c. 11), section 73(1A) was added by section 1 of the Civil Aviation (Air Navigation Charges) Act 1989 (c. 9).

[^f00003]: S.I. 1989/303.