S.I. No. 221/1996 - European Communities (Air Traffic Management Equipment and Systems) (Standards) Regulations, 1996.


S.I. No. 221 of 1996.

EUROPEAN COMMUNITIES (AIR TRAFFIC MANAGEMENT EQUIPMENT AND SYSTEMS) (STANDARDS) REGULATIONS, 1996.

I, MICHAEL LOWRY, Minister for Transport, Energy and 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. 93/65/EEC of 19 July 1993*, hereby make the following Regulations:

1. These Regulations may be cited as the European Communities (Air-traffic Management Equipment and Systems) (Standards) Regulations, 1996.

2. (1) In these Regulations, except where the context otherwise requires—

"the Directive" means Council Directive No. 93/65/EEC of 19 July 1993*;

"standard" means a technical specification approved by a recognised standardisation body for repeated or continuous application, compliance with which is not in principle compulsory;

"technical specification" means the technical requirements included, in particular, in the tender documents defining characteristics of a piece of work, material, product or supply which makes it possible to describe a piece of work, material, product or supply objectively in a manner such that it fulfils the use for which it is intended by the contracting entity and such technical requirements may include—

( a ) prescriptions as to quality, performance, safety and dimensions, and

( b ) requirements applicable to the material, product or supply as regards quality assurance, terminology, symbols, testing and test methods, packaging, marking and labelling.

O.J. No. L 187 of 29 July 1993, p.52.

(2) A word or expression that is used in these Regulations and is also used in the Directive shall, unless the contrary intention appears, have the same meaning in these Regulations as it has in the Directive.

3. The awarding civil entity for the State which stands specified at any time in Annex II to the Directive shall refer to the specifications adopted in accordance with the Directive in general documents or specifications relating to each contract when purchasing—

( a ) air-traffic management equipment and systems, and

( b ) air-navigation equipment.

4. (1) The Eurocontrol standards incorporated in the European Union legal system in accordance with the Directive and which form part of a Euro-control standard document shall be complied with.

(2) In this Regulation—

"Eurocontrol" means the European Organisation for the Safety of Air Navigation (Eurocontrol) established by the International Convention relating to Co-operation for the Safety of Air Navigation signed at Brussels on the 13th day of December, 1960, as amended by the Additional Protocol signed at Brussels on the 6th day of July, 1970, the Protocol signed at Brussels on the 21st day of November, 1978, and the Protocol signed at Brussels on the 12th day of February, 1981, and by any other protocols or other instruments which may be signed after the making of these Regulations;

"Eurocontrol standard" means the mandatory elements of Eurocontrol specifications for physical characteristic, configuration, material, performance, personnel or procedure, the uniform application of which is recognised as essential for the implementation of an integrated air traffic services (ATS) system.

GIVEN under my Official Seal, this 18th day of July, 1996.

MICHAEL LOWRY,

Minister for Transport, Energy and Communications.