Air Navigation and Transport (Indemnities) Act 2005

Limitation on power of Minister to grant or renew indemnities.

10.—(1) The Minister shall not agree to indemnify an air navigation undertaking unless the Minister is satisfied that—

(a) it is an airline licensed by the State,

(b) it is the person who is responsible for complying with Regulation EC 785/2004 of the European Parliament and of the Council of 21 April 2004 on insurance requirements for air carriers and aircraft operators2 , and the indemnity relates to a specified aircraft registered in the State (not being an aircraft operated by an airline), or

(c) that the service is provided in the State by the air navigation undertaking concerned, and

(i) in the opinion of the Minister is essential to the provision of civil air services to, from or within the State, or

(ii) involves the maintenance, repair or overhaul of aircraft.

(2) In this section “provision of civil air services to, from or within the State” includes services provided to civil aviation relating to emergency, technical or transit stops at an airport or aerodrome licensed for public use by the Irish Aviation Authority.

2O.J. No. L138, 30.4.2004, p.1