S.I. No. 16/1984:

EUROPEAN COMMUNITIES (REGULATION OF AEROPLANES) REGULATIONS, 1984.

EUROPEAN COMMUNITIES (REGULATION OF AEROPLANES) 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 January, 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 (Registration of Aeroplanes) 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/EEC¹ or in Council Directive No. 83/206/EEC² shall, unless the contrary intention appears, have in these Regulations the same meaning as it has in those Directives.

¹OJ No. L 18/26 24 January, 1980.

²OJ No. L 117/15 4 May, 1983.

4. (1) In these Regulations--

"certificate" means a certificate issued by the Minister pursuant to Regulation 5 (a) of the European Communities (Restriction of Aeroplane Operations) Regulations, 1984 ( S.I. No. 14 of 1984 );

"the Minister" means the Minister for Communications;

"registered" means registered pursuant to the Air Navigation (Nationality and Registration of Aircraft) Order, 1963 ( S.I. No. 88 of 1963 ), and "registration" shall be construed accordingly;

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

5. (1) A civil subsonic jet aeroplane, if it does not fall within one of the categories specified in Volume 1 of Annex 16/5, but uses any aerodrome situated in any Member State of the European Communities, shall not be newly registered in the State unless there is a certificate in force in respect of that aeroplane.

(2) A civil propellor-driven aeroplane which does not fall into one of the categories set out in Volume 1 of Annex 16/5 and with a maximum certificated take-off mass not exceeding 5,700 kgs. which uses any aerodrome situated in any Member State of the European Communities shall not be newly registered in the State unless it is established to the satisfaction of the Minister that the noise made by that aeroplane is not greater than the noise levels specified in Part IV of the Schedule to the Order of 1984.

(3) Notwithstanding the provisions of paragraph (2) of this Regulation, an aeroplane of the type specified in that paragraph which comes from another Member State of the European Communities may be newly registered in the State provided that the operator of the aeroplane concerned establishes to the satisfaction of the Minister, before such registration, that he will operate the aeroplane only in the territory of the State or of any other consenting state.

6. Regulation 5 of these Regulations shall not apply to aeroplanes--

( a ) which do not qualify for the issue of a certificate or for registration pursuant to Regulation 5 (2) of these Regulations but for which suitable conversion equipment exists which, when fitted to an aeroplane, would make the aeroplane capable of achieving the standards necessary for the issue of a certificate or for registration, as the case may be:

Provided that--

(i) such equipment is available and has been ordered by the operator of the aeroplane, and

(ii) such equipment is fitted to the aeroplane within not more than two years from the date of registration;

( b ) which have been used, before the 1st day of July, 1979, by operators of a Member State of the European Communities under hire-purchase or leasing contracts concluded on or before that date, and which, for this reason, have been registered in a state other than the state in which they are used;

( c ) which replace an equivalent number of aeroplanes which have been accidentaly destroyed and which cannot be replaced by comparable aeroplanes which qualify for the issue of a certificate or registration pursuant to Regulation 5 (2): Provided that any such replacement aeroplane is registered in the State within one year after the destruction of the aeroplane which it replaces;

( d ) which are of historic interest or are specifically designed for fire-fighting or agricultural purposes;

( e ) in respect of which the operator establishes to the satisfaction of the Minister that compliance with Regulation 5 of these Regulations would adversely affect the carrying on of his business to an unreasonable extent, but the registration in the State of any such aeroplane shall not have effect after the 31st day of December, 1984.

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 new registration of aeroplanes.