S.I. No. 195/2003 - European Communities (Restriction of Civil Subsonic Jet Aeroplane Operations) Regulations 2003
I, Séamus Brennan, Minister for Transport, 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. 92/14/EEC of 2 March 19921 , as amended by Council Directive No. 98/20/EC of 30 March 19982 and Commission Directive No. 1999/28/EC of 21 April 19993 , make the following regulations: 1. These Regulations may be cited as the European Communities (Restriction of Civil Subsonic Jet Aeroplane Operations) Regulations 2003. 2. (1) In these Regulations - | |||||||||
“by-pass ratio” means the ratio of the air mass flow passing through the bypass or fan ducts of a gas turbine engine to the air mass flow passing through the combustion chambers of the engine, calculated at the maximum thrust of the engine when stationary in the Standard Atmosphere at sea level as defined in Annex 8 to the Chicago Convention; | |||||||||
“Authority” means the Irish Aviation Authority; | |||||||||
“Chicago Convention” has the meaning assigned to it by section 2 of the Irish Aviation Authority Act 1993 (No. 29 of 1993); | |||||||||
“Council Directive” means Council Directive No. 92/14/EEC of 2 March 19921 , as amended by Council Directive No. 98/20/EC of 30 March 19982 and Commission Directive No. 1999/28/EC of 21 April 19993 ; | |||||||||
“Member State” means Member State of the European Community; | |||||||||
“Minister” means Minister for Transport; | |||||||||
“noise certificate” means a certificate of the type specified in Articles 6, 7 and 8 of the Air Navigation (Noise Certification and Limitation) Order 1984 ( S.I. No. 13 of 1984 ) (as amended by the Irish Aviation Authority (Noise Certification and Limitation) (Amendment) Order 1999 ( S.I. No. 421 of 1999 )), which certifies that the noise made by the aeroplane to which the certificate relates does not exceed the noise levels specified in Part II of the Schedule to that Order; | |||||||||
“registered in the State” means registered pursuant to the Irish Aviation Authority (Nationality and Registration of Aircraft) Order 1996 ( S.I. No. 322 of 1996 ) (as amended by the Irish Aviation Authority (Nationality and Registration of Aircraft (Amendment) Order 1997 ( S.I. No. 219 of 1997 )); | |||||||||
“Regulations of 1993” means the European Communities (Restriction of Civil Subsonic Jet Aeroplane Operations) Regulations 1993 ( S.I. No. 130 of 1993 ); | |||||||||
“subsonic jet aeroplane” means an aeroplane incapable of sustaining level flight at speeds exceeding the speed of propagation of sound pressure waves in air; | |||||||||
“third country” means a State other than a Member State of the European Community; | |||||||||
(2) In these Regulations, unless otherwise indicated — | |||||||||
(a) a reference to a Regulation is to a Regulation of these Regulations, | |||||||||
(b) a reference to a paragraph is to a paragraph of the provision in which the reference occurs, | |||||||||
(c) a reference to an Annex is to an Annex of the Directive. | |||||||||
(3) A word or expression which is used in these Regulations and which is also used in the Council Directive has, unless the context otherwise requires the same meaning in these Regulations as it has in the Directive. 3. These Regulations apply to a civil subsonic jet aeroplane — | |||||||||
(a) with a maximum authorised take-off weight of 34,000 kilograms or more, and | |||||||||
(b) whose maximum passenger seating accommodation consists of more than 19 seats, excluding any seats for use by the aeroplane crew only, as certified by the state of manufacture of that aeroplane. 4. (1) Subject to Regulations 5 and 6, a civil subsonic jet aeroplane registered in the State or in a Member State shall not be operated at an airport within the State, unless there is in force in respect of that aeroplane — | |||||||||
(a) a noise certificate, | |||||||||
(b) a certificate issued by the Authority pursuant to this paragraph certifying that the noise made by that aeroplane is not greater than the noise levels specified in Part II, Chapter 3, Volume 1 of Annex 16 (3rd Edition, 1993) to the Chicago Convention, or | |||||||||
(c) noise certification granted by a Member State other than the State to the standards specified in Part II, Chapter 3, Volume 1 of Annex 16 (3rd Edition 1993) to the Chicago Convention. | |||||||||
(2) A certificate issued pursuant to paragraph (1)(b) may be — | |||||||||
(a) issued by the Authority subject to such conditions as the Authority sees fit, | |||||||||
(b) revoked, suspended or varied by the Authority after an investigation at which the person to whom the certificate was issued has been given the opportunity of being heard, or | |||||||||
(c) issued by the Authority prior to the registration of the aeroplane concerned in the State. 5. (1) Civil subsonic jet aeroplanes fitted with engines having a by-pass ratio of - | |||||||||
(a) less than 2, shall comply with Regulation 4(1) as from 1 April 1995, | |||||||||
and | |||||||||
(b) 2 or more, shall comply with Regulation 4(1) as from 1 April 2002. | |||||||||
(2) A civil subsonic jet aeroplane, registered in the State or in a Member State, in respect of which the individual certificate of airworthiness was first issued less than 25 years previously shall not operate unless — | |||||||||
(a) it is certified to the noise standards specified in Part II, Chapter 2 Volume 1 of Annex 16 (3rd Edition 1993) to the Chicago Convention, | |||||||||
and | |||||||||
(b) it complies with Regulation 4(1) on reaching an age of 25 years since the issue of its first certificate of airworthiness, or, as from 1 April 2002, whichever is the sooner. 6. (1) The Minister may, by way of exemption granted pursuant to this paragraph, permit, subject to such conditions as he or she thinks fit, a civil subsonic jet aeroplane which does not comply with Regulation 4(1) or 7(1), as appropriate, to be temporarily operated at an airport within the state where it is an aeroplane — | |||||||||
(a) of historical interest, | |||||||||
(b) whose operations are of an exceptional nature, | |||||||||
(c) which is engaged on non-revenue flights for the purposes of alterations, repair or maintenance, | |||||||||
(d) which can be altered to meet the requirements of Regulation 4(1): | |||||||||
Provided that — | |||||||||
(i) suitable conversion equipment exists and is available for the aeroplane type concerned, | |||||||||
(ii) where the aeroplane is fitted with such conversion equipment it conforms to the requirements of Regulation 4(1) or 7(1), as appropriate, as determined in accordance with technical standards and procedures acceptable to the Authority, | |||||||||
(iii) such conversion equipment has been ordered by the air carrier by 1 April 1994, | |||||||||
(iv) the earliest delivery and fitting date has been accepted by the air carrier for such conversion equipment, and | |||||||||
(v) the aeroplane concerned is fitted with such conversion equipment when that equipment is delivered, | |||||||||
or | |||||||||
(e) in respect of which an order has been placed by the air carrier before 1 April 1994, for a replacement aeroplane which conforms to the requirements of Regulation 4(1) or 7(1), as appropriate, and for which the earliest available delivery date has been accepted. | |||||||||
(2) The Minister may, by way of exemption granted pursuant to this paragraph, permit, subject to such conditions as he or she thinks fit, the deregistration of civil subsonic jet aeroplanes in an air carrier's fleet which do not comply with the requirements of these Regulations at an annual rate equivalent to not more than 10 per cent of that air carrier's total civil subsonic jet aeroplane fleet as from 1 April 1995. | |||||||||
(3) Where the Minister has granted an exemption pursuant to Regulation 6(3) of the Regulations of 1993 that is in force immediately before the making of these Regulations, to an aeroplane on the register of a third country, that exemption shall continue in force as if made under the corresponding provision of these Regulations. | |||||||||
(4) The Minister shall recognise, subject to any conditions he or she thinks fit, an exemption granted by another Member State in respect of an aeroplane retained on the register of that state. 7. (1) Subject to paragraph (2), a civil subsonic jet aeroplane which is registered in a state other than the State or a Member State and for which the individual certificate of airworthiness was first issued more than 25 years previously, shall not be operated at an airport within the State from 1 April 1995, unless there is in force in respect of that aeroplane a certificate issued by the competent authority of the state of registration of the aeroplane which is acceptable to the Authority, and which certifies that the noise made by that aeroplane is not greater than the noise levels specified in Part II, Chapter 3 Volume 1 of Annex 16 (3rd Edition 1993) to the Chicago Convention. | |||||||||
(2) The Minister may, by way of exemption granted pursuant to this paragraph, permit, subject to such conditions as he or she thinks fit, certain civil subsonic jet aeroplanes which do not comply with the requirements of paragraph (1) to be operated at airports within the State where such aeroplanes — | |||||||||
(a) are certified to the noise standards of Part II, Chapter 2, Volume 1 of Annex 16 (3rd Edition 1993) to the Chicago Convention, and | |||||||||
(b) subject to paragraph (3), are on the register of the developing Nation shown for that aeroplane in the Annex in the reference year, and continue to be used either directly or under any form of lease agreement by natural or legal persons established in that Nation. | |||||||||
(3) The exemption in paragraph (2) shall not apply where the aeroplane is leased to a natural or legal person established in a Country other than the Country mentioned for that aeroplane in the Annex. 8. (1) If a civil subsonic jet aeroplane is operated in contravention of theseRegulations or of any condition of a certificate issued pursuant to Regulation7 (1), or an exemption granted pursuant to Regulation 7(2), the registered owner of, or the air carrier concerned with, the aeroplane and also the pilot-in-command thereof shall each be guilty of an offence and shall be liable on summary conviction of a fine not exceeding €3,000. | |||||||||
(2) An offence under these Regulations may be prosecuted by the Minister. 9. The Regulations of 1993 are revoked. | |||||||||
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EXPLANATORY NOTE | |||||||||
(This note is not part of the Instrument and does not purport to be a legal interpretation.) | |||||||||
The purpose of these Regulations is to give effect to the provisions of Council Directive 98/20/EC of 30 March 1998 and Commission Directive 1999/28/EC of 21 April 1999 affecting the operation of certain categories of subsonic jet aeroplanes within the territories of Member States of the European Communities after certain specific dates. | |||||||||
