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S.I. No. 14/1984 -- European Communities (Restriction of Aeroplane Operations) Regulations, 1984.

S.I. No. 14/1984 -- European Communities (Restriction of Aeroplane Operations) Regulations, 1984. 1984 14

S.I. No. 14/1984:

EUROPEAN COMMUNITIES (RESTRICTION OF AEROPLANE OPERATIONS) REGULATIONS, 1984.

EUROPEAN COMMUNITIES (RESTRICTION OF AEROPLANE OPERATIONS) REGULATIONS, 1984.

I, JIM MITCHELL, Minister for Communications, in exercise of the powers conferred on me by section 3 of the European Communities Act, 1972 (No. 27 of 1972), and for the purpose of giving effect to Council Directive No. 80/51/EEC of the 20th day of December, 1979 1, as amended by Council Directive No. 83/206/EEC of the 21st day of April, 1983 2, hereby make the following Regulations:

1OJ No. L 18/26 24 January, 1980.

2OJ No. L 117/15 4 May, 1983.

1. These Regulations may be cited as the European Communities (Restriction of Aeroplane Operations) Regulations, 1984.

2. These Regulations shall come into operation on the 20th day of January, 1984.

3. A word or expression that is used in these Regulations and is also used in Council Directive No. 80/51/EEC 1 or in Council Directive No. 83/206/EEC 2 shall, unless contrary intention appears, have in these Regulations the same meaning as it has in these Directives.

1OJ No. L 18/26 24 January, 1980.

2OJ No. L 117/15 4 May, 1983.

4. In these Regulations--

"the Minister" means the Minister for Communications;

"noise certificate" means a certificate of the type specified in Article 6 of the Order of 1984 which certifies that the noise made by the aeroplane to which the certificate relates does not exceed the noise levels specified in Part I of the Schedule to that Order;

"the Order of 1984" means the Air Navigation (Noise Certification and Limitation) Order, 1984 ( S.I. No. 13 of 1984 );

"registered in the State" means registered pursuant to the Air Navigation (Nationality and Registration of Aircraft) Order, 1963 ( S.I. No. 88 of 1963 ).

5. ( a ) A civil subsonic jet aeroplane registered in the State shall not be operated in the territory of Member States of the European Communities on or after the 1st day of January, 1987 unless there is in force in respect of that aeroplane--

(i) a noise certificate, or

(ii) a certificate issued by the Minister pursuant to this paragraph certifying that the noise made by that aeroplane is not greater than the noise levels specified in Part I of the Schedule to the Order of 1984.

( b ) (i) a certificate issued by the Minister pursuant to paragraph (a) of this Regulation may be issued by him subject to such conditions as he thinks fit and the Minister may, after an investigation at which the person to whom the certificate was issued has been given an opportunity of being heard, revoke, suspend or vary such certificate.

(ii) a certificate issued by the Minister pursuant to paragraph (a) of this Regulation may be issued by him prior to the registration of the aeroplane concerned in the State.

( c ) The Minister may, by exemption granted pursuant to this paragraph, permit subject to such conditions as he thinks fit aeroplanes which do not comply with the requirements of paragraph (a) of this Regulation to be operated temporarily in the territory of Member States of the European Communities: Provided that the operator of the aeroplanes concerned undertakes to replace such aeroplanes, on or before the 31st day of December, 1988, by aeroplanes which are available on the market and which comply with the requirements of Part II of the Schedule to the Order of 1984.

6. ( a ) A civil subsonic jet aeroplane which is registered in a state other than a Member State of the European Communities shall not be operated in the State on or after the 1st day of January, 1988, unless there is in force in respect of that aeroplane--

(i) a noise certificate, or

(ii) a certificate issued by the competent authority of the state of registration of the aeroplane which is acceptable to the Minister and which certifies that the noise made by that aeroplane is not greater than the noise levels specified in Part I of the Schedule to the Order of 1984.

( b ) The Minister may, by exemption granted pursuant to this paragraph, permit, subject to such conditions as he thinks fit, aeroplanes which do not comply with the requirements of paragraph (a) of this Regulation to be operated temporarily in the State: Provided that the operator of the aeroplanes satisfies the Minister that it is economically or technically impossible to serve the airports within the State by means of aeroplanes which comply with the requirements of paragraph (a) of this Regulation.

( c ) An exemption granted by the Minister pursuant to paragraph (b) of this Regulation shall not remain in force after the 31st day of December, 1989.

7. The Minister may, in exceptional individual cases, and subject to such conditions as he thinks fit, by exemption granted pursuant to this Article, permit an aeroplane which cannot be operated in the State by reason of the provisions of these Regulations or of those of the Order of 1984, to be temporarily so operated.

8. A civil propellor-driven aeroplane with a maximum certificated take-off mass exceeding 5,700 kgs., which is specifically designed and manufactured in very few units and is used for the transportation of aeronautical industry products of exceptional sizes, may be operated within the State notwithstanding that it fails to comply with any of the provisions of these Regulations or of the Order of 1984: Provided that such operation is authorised by the Minister and the Minister has, prior to granting such authorisation, informed the Commission of the European Communities of his intention to grant such authorisation.

9. If an aeroplane is operated in contravention of any of the provisions of these Regulations or in contravention of any of the conditions of an exemption or certificate granted or issued pursuant to these Regulations, then the owner or hirer of such aeroplane and also the pilot or commander thereof shall each be guilty of an offence and shall, on summary conviction thereof, be liable to a fine not exceeding IR£1,000.

GIVEN under my Official Seal, this 20th day of January, 1984.

JIM MITCHELL,

Minister for Communications.

EXPLANATORY NOTE.

The purpose of these Regulations is to give effect to certain provisions of Council Directive No. 80/51/EEC as amended by Council Directive No. 83/206/EEC affecting the operation of subsonic jet aeroplanes within the territory of Member States of the European Communities after certain specified dates.



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URL: http://www.bailii.org/ie/legis/num_reg/1984/0014.html