S.I. No. 44/1997:

THE IRISH AVIATION AUTHORITY (EUROCONTROL) (ROUTE CHARGES) (AMENDMENT) REGULATIONS, 1997.

THE IRISH AVIATION AUTHORITY (EUROCONTROL) (ROUTE CHARGES) (AMENDMENT) REGULATIONS, 1997.

The Irish Aviation Authority, in exercise of the powers conferred on it by sections 43 and section 10 of the Irish Aviation Authority Act, 1993 , (No. 29 of 1993), hereby makes the following regulations:--

1. (1) These Regulations may be cited as the Irish Aviation Authority (Eurocontrol) (Route Charges) Regulations, 1997, and shall come into operation on the 21st day of January, 1997.

(2) The Air Navigation (Eurocontrol) Regulations, 1989 to 1990, the Irish Aviation Authority (Eurocontrol) (Route Charges) Regulations, 1994 and these Regulations may be cited together as the Irish Aviation Authority (Eurocontrol) Regulations, 1989 to 1997.

2. The Air Navigation (Eurocontrol) (Route Charges) Regulations, 1989 ( S.I. No. 362 of 1989 ) are hereby amended by

( a ) The substitution of the following for paragraph (1) (a) of Regulation 5 and paragraph (2) (a) of Regulation 6 of the Air Navigation (Eurocontrol) (Route Charges) Regulations, 1989 ( S.I. No. 362 of 1989 ), (as amended by the Air Navigation (Eurocontrol) (Route Charges) (Amendment) Regulations, 1990 ( S.I. No. 312 of 1990 ));--

"5. (1) ( a ) Except in the case of flights specified in Regulation 6 of these Regulations, the charge shall be calculated according to the following formula:

r = N x 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 European Currency Units applied by the Organisation on the first day of each month and is recalculated monthly by applying the average monthly rate of exchange (being the average of the daily rates of exchange over the month) of the European Currency Unit to the Irish Pound for the month preceding the month during which the flight takes place. The exchange rate applied shall be the monthly average of the "Closing Cross Rate" calculated by REUTERS based on daily BID rate.

6. (2) ( a ) The charges specified in column (3) of Part I of the Schedule to these Regulations shall be recalculated monthly by the Organisation by applying the average monthly rate of exchange (being the average of the daily rates of exchange over the month) of the European Currency Unit to the Irish Pound for the month preceding the month during which the flight takes place. The exchange rate applied shall be the monthly average of the "Closing Cross Rate" calculated by REUTERS based on daily BID rate."

GIVEN under the Common Seal of The Irish Aviation Authority,

this 21st day of January, 1997.

Present when the Common Seal of The Irish Aviation Authority was affixed thereto.

J. LACEY,

Director.

JAMES T. BARTON,

Director.

EXPLANATORY NOTE.

These Regulations, which came into operation on 21 January, 1997, provide for a different method of applying the ECU exchange rate for re-adjusting the monthly en route unit rates (denominated in ECU's). The adjustment is necessary so as to take account of exchange fluctuations of the ECU against national currencies.

Heretofore the average monthly exchange rate used for recalculating the unit rates has been the average monthly exchange rate produced by the European Commission. However, these exchange rates varied from the actual market rates and resulted in exchange differences. To minimise these differences States participating in the route charges system have now decided to use the monthly average of the Closing Cross Rates calculated by REUTERS based on daily BID rate.