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ARTICLES. PART I PRELIMINARY Article.
aircraft arriving from or departing for abroad at customs-free airport. 4. Translation
documents.
customs airports and approval
examination stations. 7. First landing
aircraft from abroad to be at customs airport or customs-free airport.
uncleared goods in approved transit shed. 17. Status
goods in transit shed. 18. Power to prevent flight
aircraft. 19. Refusal
clearance or demand for its return. PART III GENERAL Article. 20. Forced landings. 21. Certificate
departure from place within the State to a customs airport. 22. Record
aircraft arriving and departing, etc. 23. Boarding and searching
aircraft, etc. 24. Modification
documents. PART IV APPLICATION AND MODIFICATION
ENACTMENTS 25. Application
Customs Acts. 26. Modification
excise statutes. FIRST SCHEDULE SECOND SCHEDULE THIRD SCHEDULE S.I. No. 189
the powers conferred on me by section 9
the Finance Act, 1950 (No. 18
1950), hereby make the following regulations : PART I PRELIMINARY 1 Short title
fering to engage in an aircraft operation) and who is authorised by or on behalf
such operator to act on all formalities connected with the report and clearance
the operator's aircraft ; "Commissioners " means Revenue Commissioners ; " crew " includes any person employed in the navigation or control
an aircraft or in the performance
any duty on the aircraft when in flight ; " customs airport " means an aerodrome appointed under paragraph
these Regulations as an airport for the landing or departure
aircraft for the purpose
the enactments relating to customs ; " customs-free airport " means a customs-free airport established under the Customs-free Airport Act, 1947 (No. 5
1947) ; " examination station " means a part
, or a place or space at, a customs airport approved under paragraph
these Regulations as a station for the lading and unlading
goods and the embarkation and disembarkation
passengers ; " land " and " landing " in relation to aircraft include alighting on water ; "
ficer" means any
ficer
customs and excise or any other
ficer
the Commisioners;" "proper
ficer " means any
ficer
customs and excise or any other
ficer
the Commissioners ; " pilot-in-command " means the pilot responsible for the operation and safety
the aircraft during flight time. 3 Non-application in respect
aircraft arriving from or departing for abroad at customs-free airport 3. These regulations shall not apply in respect
an aircraft arriving from abroad or departing for abroad at a customs-free airport or in respect
persons or goods carried in such aircraft provided that such persons or goods are not disembarked or unladen in the State elsewhere than at a customs-free airport. 4 Translation
documents 4. If the language in use in documents referred to in these Regulations is not Irish or English, the pilot-in-command or authorised agent shall, if so required by the proper
ficer, provide immediate verbal translation and shall deliver to the proper
ficer copies
the documents in Irish or English not later than twenty-four hours after the arrival or departure, as the case may be,
the aircraft. 5 Saver 5. Nothing in these Regulations shall affect the powers
the Commissioners or
their
ficers under any Act relating to the customs or excise. PART II CUSTOMS AIRPORTS 6 Appointment
customs airports and approval
examination stations 6.—
the Minister for Transport and Power and subject to such conditions as the Commissioners think fit, appoint any aerodrome as an airport for the landing or departure
aircraft for the purpose
the enactments relating to customs and may, with the concurrence
the Minister for Transport and Power, revoke such appointment.
, or a place or space at, that customs airport as a station for the lading and unlading
goods and the embarkation and disembarkation
passengers and may, at any time, withdraw or vary the terms
such approval. 7 First landing
aircraft from abroad to be at customs airport or customs-free airport 7. Save as permitted by the Commissioners, the pilot-in-command
an aircraft entering the State from abroad shall not cause or permit it to land in the State for the first time after its arrival therein, or at any time while it is carrying passengers or goods brought in that aircraft from a place outside the State and not yet cleared, at any place other than a customs airport or a customs-free airport unless he is obliged to bring the aircraft to land owing to accident, stress
weather or other unavoidable cause. 8 Procedure on arrival from abroad at customs airport 8.—
an aircraft arriving from abroad at a customs airport shall— (
ficer— (i) the documents constituting the outward clearance
the aircraft at the airport from which it has arrived, (ii) a report in duplicate
the aircraft in an approved form, (iii) in the case
an aircraft unlading goods, a cargo manifest in duplicate in an approved form
the goods on board the aircraft, unless the required particulars are shown on the report required by clause (ii)
this subparagraph, and (iv) a list in duplicate in an approved form
the stores to be unladen ; (
ficer and unlade all goods and stores in the aircraft, except such passengers, goods or stores as are to be carried on to another customs airport or to a customs-free airport or to a destination abroad and are permitted by such
ficer to be so carried on without compliance with the requirements aforesaid.
an aircraft on board which are passengers, goods or stores from abroad which have been permitted by an
ficer to be carried on to another customs airport in accordance with the provisions
subparagraph (d)
paragraph
this Article shall, on arrival at that airport, comply with the provisions
paragraph
subparagraph (b))
this Article. 9 Aircraft from abroad to land or discharge passengers or goods only at customs airport 9. The pilot-in-command or any other person concerned in bringing in passengers or importing goods in any aircraft shall not— (
subparagraph (b)
paragraph
these Regulations has been delivered and the consent
the proper
ficer to such disembarkation or unlading has been obtained ; (c) remove the goods from the examination station without the authority
the proper
ficer; or (
an aircraft departing on a flight to a place abroad or to a customs-free airport shall not cause or permit the aircraft to depart on such flight unless the final place
departure is a customs airport and unless clearance
the aircraft for that departure has been obtained from the proper
ficer at that customs airport. 11 Procedure on departure for abroad 11.—
an aircraft departing for a place abroad or for a customs-free airport from a customs airport shall before departure take the aircraft to the examination station at that customs airport or cause it to be so taken.
ficer— (
any goods to be laden, unless the required particulars are shown in the form specified in subparagraph (a)
this paragraph, and (c) a list in duplicate in an approved form
stores to be laden, and shall truly furnish the several particulars required by the said forms ; and one copy
each
the said documents when signed bythe said
ficer shall for the purpose
the enactments relating to customs be the clearance and authority for the aircraft to proceed abroad or to a customs-free airport from that customs airport.
the proper
ficer, unlade from any aircraft goods or stores laden thereon which have been cleared for exportation. 12 Aircraft cleared outwards not to be landed except at customs airport 12. Where an aircraft is proceeding on a flight abroad or to a customs-free airport and the clearance and authority for the departure
the aircraft from a customs airport have been granted in accordance with Article 11
these Regulations, the pilot-in-command shall not cause or permit the aircraft to land in the course
the flight at a place in the State other than a customs airport specified in the clearance and authority or customs-free airport unless he is obliged to bring the aircraft to land owing to accident, stress
weather or other unavoidable cause. 13 Procedure when aircraft which has been cleared for abroad lands at customs airport 13. Where clearance and authority have been granted under Article 11
these Regulations and, in the course
a flight abroad, the aircraft lands at a customs airport, the pilot-in-command shall, before the aircraft departs from that airport, deliver to the proper
ficer— (
goods laden at the customs airport at which the aircraft has so landed, and (c) a list in duplicate in an approved form
stores laden at the customs airport at which the aircraft has so landed, and one copy
each
the documents specified in the foregoing paragraphs (b) and (c), when signed by the said
ficer, together with the clearance and authority specified in the foregoing paragraph (a), when countersigned by the said
ficer, shall be the clearance and authority for the aircraft to proceed from the customs airport at which it has so landed. 14 Aircraft in transit 14. The pilot-in-command
an aircraft arriving at a customs airport from abroad and intending to proceed to a destination abroad without unlading or lading goods or stores and without disembarking or embarking passengers and without landing at any other place in the State other than a customs-free airport— (a) shall be exempt from compliance with the provisions
these Regulations except in so far as they require the delivery to the proper
ficer
the documents constituting the outward clearance
the aircraft from the airport from which it has arrived, and (b) shall be exempt from the provisions
these Regulations in so far as they refer to the delivery
documents to the proper
ficer, provided that he departs with his aircraft and the goods, stores and passengers carried therein on arrival for his destination abroad within twenty-four hours after his arrival ; and the documents specified in clause (i)
subparagraph (b)
paragraph
these Regulations, when countersigned by the proper
ficer, shall for the purpose
the enactments relating to customs be the clearance and authority for the aircraft to proceed from that airport. 15 Authorised agent acting for pilot-in-command 15. Subject to such conditions as the Commissioners may impose, any
the duties imposed on the pilot-in-command by Articles 8, 11, 13 and 14
these Regulations may be carried out on his behalf by an authorised agent. 16 Deposit
uncleared goods in approved transit shed 16.—
ficer shall be deposited forthwith in an approved transit shed at that airport by the operator, or the authorised agent
the operator, in whose aircraft the goods were imported.
the proper
ficer. 17 Status
goods in transit shed 17. For the purposes
the enactments relating to customs and excise as applied and modified by these Regulations, any goods deposited in a transit shed pursuant to the immediately preceding Article shall be deemed to have been lawfully landed and to be in customs charge therein until lawfully cleared. 18 Power to prevent flight
aircraft 18.—
ficer, if it appears to him that an aircraft is intended or likely to depart for a destination outside the State or for a customs-free airport from any place other than a customs airport or from a customs airport before customs clearance is given, may give such instructions and take such steps by way
detention
the aircraft or otherwise as appear to him necessary in order to prevent the flight.
this Article, and neither the owner
the aircraft nor the pilot-in-command shall consent to or connive at the contravention
any such instructions. 19 Refusal
clearance or demand for its return 19.—
this Article— (a) the proper
ficer may at any time refuse clearance
an aircraft, and (b) where clearance has been granted to an aircraft, any
ficer may at any time while the aircraft is at any customs airport demand that the clearance shall be returned to him.
this Article shall not be exercised save— (a) for the purpose
the detention
the aircraft in pursuance
a provision which is contained in any statute or instrument made under statute (including these Regulations) and which relates to the importation or exportation
goods, or (b) for the purpose
securing compliance with any such provision.
a clearance is made under this Article— (
weather or other unavoidable cause, at a place in the State other than a customs airport— (a) the pilot-in-command shall report without delay the landing to an
ficer or to a member
the Garda Siochana and on demand produce to such
ficer or member the documents constituting the outward clearance
the aircraft from the aerodrome it last left, (b) the pilot-in-command shall comply with any directions given by an
ficer with regard to any goods or stores carried in the aircraft, (c) if the place
landing is an aerodrome, the proprietor thereof shall report forthwith the landing
the aircraft to an
ficer
customs and excise, (d) a passenger in or member
the crew
the aircraft shall not depart from the immediate vicinity
the aircraft without the consent
an
ficer or
a member
the Garda Siochana, (e) a person shall not, without the consent
an
ficer or
a member
the Garda Siochana, unlade any goods or remove any goods from the place
landing, (f) the pilot-in-command shall not allow any unlading
goods or removal
goods from the place
landing unless the unlading or removal is carried out with the consent
an
ficer or
a member
the Garda Siochana.
crewor passengers from the vicinity
an aircraft or a removal
the goods or stores therefrom where the departure or removal is necessary for reasons
health, safety or the preservation
life or property or where the pilot-in-command, after making all reasonable efforts to do so, is unable to get into communication with an
ficer or with a member
the Garda Síochána. 21 Certificate
departure from place within the State to a customs airport 21. If at any aerodrome or other place within the State, not being a customs airport or a customs-free airport, goods or passengers are laden or embarked in an aircraft for conveyance by air to a customs airport, the pilot-in-command or authorised agent shall obtain from the proprietor or other person in charge
the aerodrome or other place
departure a certificate
departure in an approved form and, on arriving at the customs airport, shall produce the certificate to the proper
ficer. 22 Record
Aircraft arriving and departing, etc 22. The proprietor
an aerodrome shall, if so required by the Commissioners, keep a record in an approved form
all aircraft arriving at or departing from the aerodrome and shall produce, at the aerodrome or elsewhere as the Commissioners may appoint, such record to an
ficer upon demand together with all other documents
whatever nature relating to the movement
aircraft, and shall permit an
ficer to make copies thereof and to take extracts therefrom. 23 Boarding and searching
aircraft, etc 23.—
ficer may board any aircraft and search such aircraft and examine any documents relating thereto and to any persons or goods carried therein and the pilot-in-command or any other person for the time being in charge
an aircraft shall, on demand, produce to such
ficer all such documents and any
ficer shall have the right
access at any time to any place to which access is required for the purpose
such boarding or examination.
ficer may at any time enter upon and inspect any place used for or in connection with the arrival or departure
aircraft and all buildings and goods thereon. 24 Modification
documents 24. Where documents prescribed by the enactments relating to customs and excise are used in relation to aircraft or to goods carried or laden therein or unladen therefrom, such modifications shall be made in the documents as may be approved. PART IV APPLICATION AND MODIFICATION
ENACTMENTS 25 Application
Customs Acts 25.—
the Customs Acts, other than the provisions
the enactments specified in the First Schedule to these Regulations, shall, in so far as they are applicable and subject to the modifications specified in this Article, apply in relation to aerodromes and to aircraft and persons and goods carried therein, disembarked or unladen therefrom or embarked or laden thereon.
such application— (a) for the words specified in the first column
the Second Schedule to these Regulations there shall be substituted the words specified in the second column
that Schedule respectively unless the context otherwise requires, and (b) the sections
the Customs Consolidation Act, 1876, specified in the first column
the Third Schedule to these Regulations shall have effect subject to the modifications specified in the second column
that Schedule respectively. 26 Modification
excise statutes 26. The provisions
the statutes which relate to the duties
excise and the management
those duties shall, in relation to aerodromes and to aircraft and persons and goods carried thereon, disembarked or unladen therefrom or embarked or laden therein, be modified by the substitution for the words specified in the first column
the Second Schedule to these Regulations
the words specified in the second column
that Schedule respectively. Article 25. FIRST SCHEDULE. Sections 14, 15, 50, 100, 101, 121 to 125, 127 to 129, 134, 140 to 148, 169 to 171, 175, 176, 180, 181 and 198
the Customs Consolidation Act, 1876. Section 6
the Customs and Inland Revenue Act, 1878. Sections 5 and 6
the Revenue Act, 1883. Subsection
section 2 and section 3
the Revenue Act,
the Revenue Act, 1898. Section 6
the Revenue Act,
ship, name
steamer particulars
aircraft ship lade shipment lading shipped laden shipping lading shipper person lading ship's stores aircraft stores unship unlade unshipped unladen Article
the port" and "or the time when the goods were unladen in the State, whichever was the earlier" were inserted after "discharged". Section 42. The provision relating to the spirits shall be construed as if "in ships
forty tons burden at least, and" were omitted and the provision relating to tobacco shall be construed as if "and ware-housing" and "nor unless in ships
not less than one hundred and twenty tons burden" were omitted. Section 51. The section shall have effect as if "the pilot-in-command
an aircraft shall fail to make due report
the aircraft in the form appropriate thereto" were substituted for "such master shall fail to make due report". Section 66. The section shall have effect as if "or out
any transit shed except with the permission
the proper
ficer" were inserted after "ship". Section 120 (as substituted by section 7
the Customs and Inland Revenue Act, 1879). The section shall have effect as if "shall be shipped or entered to be shipped on board any vessel
less burden than forty tons, or" were omitted. Section 126. The section shall have effect as if "
the burden
forty tons or upwards" and from "and that all the requirements
the Merchant Shipping Acts" to "such victualling bill" were omitted. Section
the section. Section 189. The section shall have effect as if "within five miles
the seacoast or
any tidal river" were omitted. Section 190. The section shall have effect as if "the coast or shore
" and "or within six miles
any part
such coast or shore" were omitted and as if "in the air" were substituted for "on the coast". Section 229. The section shall have effect as if "in the air" were substituted for "upon the water" and "in the air outside the State" were substituted for" on the high seas". GIVEN under my
ficial Seal, this 24th day
July, 1964. SÉAMAS Ó RIAIN, Minister for Finance. EXPLANATORY NOTE The effect
these regulations is to apply Customs and Excise law, with suitable modifications, to aircraft and to air traffic generally and to provide for the formal implementation
the customs provisions
the Chicago Convention on Civil Aviation. In accordance with subsection
section 9
the Finance Act, 1950 , regulations 61 and 63
the Air Navigation (General) Regulations, 1930, which hitherto provided the customs rules for aircraft, cease to have effect on the making
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