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

S.I. 1989/2257 · made 1 December 1989

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

Made under: Civil Aviation Act 1982 (Section 73)

PDFs: Printed copy https://openlegislation.uk/civil-aviation-route-charges-for-navigation-services-amendment-regulations-1989/pdf/uksi_19892257_en.pdf

## Introductory text

CIVIL AVIATION
Made 1st December 1989
Laid before Parliament 11th December 1989
Coming into force 1st January 1990
Whereas in pursuance of tariffs approved under the Eurocontrol Convention and under the Multilateral Agreement relating to Route Charges concluded at Brussels on 12th February 1981 (being international agreements to which the United Kingdom is a party), the Secretary of State for Transport has determined the rates of charges, as specified in the following Regulations, payable to the Eurocontrol Organisation in respect of navigation services provided for aircraft:
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 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 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:
“Payment
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.

## Signature

Signed by the authority of the Secretary of State for Transport
Patrick McLoughlin
Parliamentary Under Secretary of State,
Department of Transport
1st December 1989

## Schedule 1 SPECIFIED AIRSPACES

(1)
(2)
(3)
(4)
Country
Publication in which FIRS are described
Unit Rate in ECUs
Established at a Rate of exchange of
† Excluding Shanwick FIR
Austria
AIP Austria
50.67
1 ECU= 14.5864 Sch
Belgium
AIP Belgique
43.38
1 ECU= 43.3907 BF
France
AIP France (France Metropolitaine)
48.17
1 ECU= 7.02906 FF
Germany, Federal Republic of
AIP Germany
44.69
1 ECU= 2.07243 DM
Greece
AIP Greece
20.86
1 ECU= 179.152 Dra
Ireland, Republic of
AIP Ireland
26.10
1 ECU= 0.775973 Ir
Malta
AIP Malta
42.10
1 ECU= 0.384 MAL
Netherlands
AIP Netherlands
37.01
1 ECU= 2.33699 G
Portugal
AIP Portugal
38.59 Santa Maria FIR-10.69
1 ECU= 173.539 Esc
Spain
AIP Espana
Madrid & Barcelona
FIR-43.62
Canaries
FIR-41.36
1 ECU= 130.211 Pts
Switzerland
AIP Switzerland
45.78
1 ECU= 1.78478 SF
Turkey
AIP Turkey
56.08
1 ECU= 2344.07 LT
United Kingdom
United Kingdom Air Pilot
71.64
1 ECU= £0.674318

## Schedule 2 

(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
Frankfurt
1,005.95
London
701.95
Paris
917.00
Prestwick
367.51
ZONE II
– between W04000 and W11000 and N2800 and N5500
Amsterdam
677.89
Athens
941.44
Basle-Mulhouse
689.18
Belfast
167.32
Belgrade
1,023.24
Berlin-Schonefeld
667.06
Berlin-Tegel
643.00
Birmingham
401.75
Bordeaux
374.18
Brussels
678.86
Cardiff
286.72
Casablanca
327.19
Cologne-Bonn
756.08
Copenhagen
651.71
Dakar
140.89
Dublin
137.16
Dubrovnik
972.90
Düsseldorf
760.43
Frankfurt
820.50
Geneva
653.15
Glasgow
240.54
Hamburg
629.10
Helsinki
391.15
Jeddah
967.03
Lagos
134.80
Lamezia-Terme
723.41
Las Palmas (Canary Islands)
422.25
Lisbon
370.44
Ljubljana
998.61
London
459.09
Luxembourg
732.87
Lyons
607.64
Maastricht
705.28
Madrid
484.69
Malaga
571.90
Manchester
365.81
Manston
531.28
Milan
717.02
Monrovia
134.16
Moscow
499.93
Munich
898.10
Naples-Capodichino
754.77
Newcastle
380.31
Nice
916.65
Oporto
269.07
Oslo
405.48
Ostend
605.03
Paris
540.38
Pisa
715.70
Ponta Delgarda (Azores)
139.18
Prague
799.12
Prestwick
240.54
Rome
798.49
Sal Island (Cape Verde)
156.61
Santa Maria (Azores)
148.91
Santiago
229.07
Shannon
99.18
Stockholm
414.08
Stuttgart
764.92
Tel-Aviv
1,119.52
Tenerife
389.11
Turin
831.14
Venice
899.19
Vienna
1,093.63
Warsaw
633.45
Zagreb
1,023.24
Zürich
774.39
ZONE III
– West of W11000 and between N2800 and N5500
Amsterdam
775.72
Düsseldorf
830.63
Frankfurt
835.39
London
661.40
Luxembourg
903.20
Madrid
390.51
Manchester
522.00
Milan
1,033.73
Paris
750.15
Prestwick
328.11
Shannon
94.48
Zürich
1,075.59
ZONE IV
– West of W04000 and between N2000 and N2800 (including Mexico)
Amsterdam
661.88
Berlin-Schonefeld
737.42
Brussels
596.17
Cologne-Bonn
690.89
Copenhagen
660.47
Düsseldorf
747.71
Frankfurt
764.08
Hamburg
794.57
Helsinki
424.11
London
451.28
Madrid
603.33
Oslo
434.14
Paris
466.66
Prague
831.45
Sal Island (Cape Verde)
87.55
Shannon
142.23
Stockholm
474.22
Vienna
997.05
Zürich
707.38
ZONE V
– West of W04000 and between the equator and N2000
Amsterdam
829.10
Bordeaux
685.29
Frankfurt
845.48
Las Palmas (Canary Islands)
517.07
London
633.13
Lisbon
501.41
Lyons
881.94
Madrid
663.56
Manchester
533.23
Marseilles
996.13
Milan
976.10
Oporto
487.51
Paris
698.22
Porto Santo (Madeira)
304.84
Santa Maria (Azores)
195.95
Santiago
488.13
Shannon
242.41
Tenerife
512.94
Toulouse-Blagnac
837.26
Zürich

## 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 Commission`s 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 Fund`s 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 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 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.

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Source: https://www.legislation.gov.uk/uksi/1989/2257 (the official version)
Page: https://openlegislation.uk/civil-aviation-route-charges-for-navigation-services-amendment-regulations-1989
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

