(2)A person who was an authorised officer within the meaning of section 2 immediately before the commencement of section 75 of the Air Navigation and Transport Act 2022 shall, on and after that commencement, be deemed to be authorised under subsection (1) on the same terms and conditions as he or she was such authorised officer immediately before that commencement.
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(3)The company shall, in the case of an authorised officer who is such by virtue of the operation of subsection (2), as soon as is practicable after the commencement referred to in that subsection, furnish the officer with a certificate of his or her authorisation.
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(4)An authorised officer shall, when performing a function conferred on authorised officers by or under this Act or the Air Navigation and Transport Act 2022, if requested by any person thereby affected, produce his or her certificate referred to in subsection (1) or (3), as the case may be, to that person for inspection.
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Powers of authorised officers 63C. (1) For the purposes of the exercise by the company of its functions under this Act relating to the enforcement of a relevant provision, an authorised officer may— (a) enter at any reasonable time any premises or place at which there are reasonable grounds for the officer to believe that a trade or business, or an activity in connection with a trade or business, relevant to the relevant provision is being, or has been, carried on by a person to whom this section applies otherwise than in accordance with that provision and search and inspect the premises or place and any records found therein or thereon, (b) require any such person to produce to him or her any records which are in the person’s power or control, and in the case of information in a non-legible form to reproduce it in a legible form, and to give to the officer such information as he or she may reasonably require in relation to any entries in such records, (c) secure for later inspection any premises or place or part thereof in or on which records are kept or where there are reasonable grounds for the officer to believe that such records are kept, (d) inspect and take extracts from or make copies of any such records (including in the case of information in a non-legible form a copy of or extract from such information in a permanent legible form), (e) remove and retain such records for such period as may be reasonable for further examination, (f) require the person to maintain such records for such period of time, as may be reasonable, as the authorised officer directs, (g) require the person to give to the officer any information which he or she may reasonably require, or (h) require any person on the premises or place having charge of, or otherwise concerned with the operation of, the data equipment or any associated apparatus or material, to afford the officer all reasonable assistance in relation to it and assist in the retrieval of information connected with the operation of such data equipment, apparatus or material.
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(2)This section applies to the following persons: (a) an airport authority; (b) an air navigation service provider; (c) any person responsible for the carriage of passengers, mail or freight by air; (d) a supplier of ground handling services; (e) a tour operator or a travel agent; (f) a trader within the meaning of section 2 of the Package Holidays and Travel Trade Act 1995 ; (g) an aerodrome operator; (h) a person carrying on the business of the design, manufacture, maintenance, repair or modification of aircraft or parts for aircraft; (i) a person carrying on the business of the production of material (including fuel) for aircraft; (j) a person carrying on the activity of the operation of aircraft; (k) a person engaged in the training of persons engaged in any activities referred to in paragraphs (a) to (d) or (g) to (j).
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(3)Where an authorised officer in exercise of his or her powers under this section is prevented from entering any premises or place, an application may be made under section 63D to the District Court for a warrant to authorise such entry.
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(4)An authorised officer shall not, other than with the consent of the occupier, enter a private dwelling, unless he or she has obtained a warrant under section 63D from the District Court authorising such entry.
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Search warrants 63D. If a judge of the District Court is satisfied on the sworn information of an authorised officer that there are reasonable grounds for suspecting that information required by an authorised officer for the purposes of the exercise by the company of its functions under this Act relating to a relevant provision is held at any premises or place, the judge may issue a warrant authorising the authorised officer, accompanied if the officer considers it necessary by other authorised officers or members of the Garda Síochána, at any time or times, within one month from the date of issue of the warrant, on production, if so required, of the warrant, to enter, if need be by reasonable force, the premises or place and exercise all or any of the powers conferred on an authorised officer under section 63C.
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Indemnification 63E. Where the company is satisfied that a member of staff of the company or an authorised officer has discharged his or her duties in pursuance of the functions of the company in a bona fide manner, the company shall indemnify the member or officer, as the case may be, against all actions or claims howsoever arising in respect of the discharge by him or her of his or her duties.
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Fixed charge offences 63F. (1) (a) This section applies to such summary offences under this Act as may be declared by the Minister by regulations, made after consultation with the Minister for Justice, to be fixed charge offences. (b) Subject to subsection (9), the regulations referred to in paragraph (a) shall prescribe the amount of each fixed charge for each fixed charge offence.
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(2)Where an authorised officer has reasonable grounds for believing that a fixed charge offence is being or has been committed by a person— (a) if the officer identifies the person, the officer shall serve, or cause to be served, personally or by post, on the person a notice under this section, (b) if the officer does not identify the person and the offence involves the use of a registered aircraft, the officer shall serve, or cause to be served, personally or by post, on the operator or registered owner of the aircraft a notice under this section, or (c) if the officer does not identify the person and the offence involves the use of an unmanned aircraft registered to an operator, the officer shall serve, or cause to be served, personally or by post, on the registered operator of the unmanned aircraft a notice under this section.
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(3)A notice under this section shall be in the form prescribed by regulations made by the Minister and— (a) shall contain details of the manner of payment of a fixed charge, and (b) may specify the person to whom and the place where the payment is to be made and whether the payment is to be accompanied by the notice, duly completed.
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(4)A notice served pursuant to this section shall contain a statement to the effect that— (a) the person on whom it is served is alleged to have committed an offence specified in the notice, (b) the person may, during the period of 28 days beginning on the date of the notice, make a payment of a fixed charge of a prescribed amount as specified in the notice, and (c) a prosecution in respect of the alleged offence will not be instituted during the periods specified in the notice or, if a payment so specified in accordance with the notice, is made during the appropriate period so specified in relation to the payment, at all.
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(5)The payment of a fixed charge shall not be accepted after the expiration of the period of 28 days beginning on the date the notice provided for by this section was served.
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(6)Where a notice is served under this section— (a) a person or the person to whom the notice applies may, during the period specified in the notice and in accordance with the notice, make a payment specified in the notice, (b) the payment— (i) may be received in accordance with the notice and the person receiving the payment may issue a receipt for it, and (ii) shall be paid into or disposed of for the benefit of the Exchequer as the Minister for Public Expenditure and Reform directs, and shall not be recoverable by the person who made it, (c) a prosecution in respect of the alleged offence to which the notice relates shall not be instituted during the periods specified in the notice or, if a payment so specified is made during the period so specified in accordance with the notice, in relation to the payment, at all.
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(7)A fixed charge offence shall be an offence for the purposes of this Act.
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(8)In a prosecution for a fixed charge offence it shall be presumed, until the contrary is shown, that— (a) the relevant notice under this section has been served or caused to be served, and (b) a payment pursuant to the relevant notice under this section, accompanied by the notice, duly completed (unless the notice provides for payment without the notice accompanying the payment), has not been made.
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(9)Regulations prescribing the amount of a fixed charge may prescribe different amounts in relation to any of the following: (a) different fixed charge offences; (b) fixed charge offences involving different classes of aircraft.”.
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Aviation Stakeholders Forum and Licence Holders Charter 76. The Act of 1993 is amended by the insertion of the following section after section 65: “65A. (1) Subject to subsection (2), the company shall, not less than twice a year, convene a forum, to be known as the Aviation Stakeholders Forum, to foster the maintenance and improvement of aviation safety and to support the development of a positive aviation safety culture within the aviation community.
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(2)The company shall, as soon as is practicable after consultation with aviation stakeholders, by notice published on the company’s website— (a) specify the organisations invited to participate in the Forum, which shall include recognised aviation stakeholder groups, recognised aviation trade unions and representative bodies, certified aviation organisations and other interested parties, and (b) determine the rules and procedures of the Forum including the composition of membership to ensure a representative participation from each organisation and the publication of minutes of meetings of the Forum.
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(3)The Forum shall meet for the following purposes: (a) promoting the sharing of best practice aviation safety initiatives; (b) engaging with the company on matters relating to the regulation of aviation safety in commercial air transport; (c) the provision of views on proposals for European Union or national regulatory changes in relation to aviation safety; (d) the establishment of routine communication channels to enable the sharing of aviation lessons learned, best aviation practices, aviation safety performance indicators and the provision of information on specific aviation safety risks.
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(4)The company shall, as soon as is practicable after consultation with the Forum, publish a charter, to be known as the Licence Holders Charter, on the company’s website setting out the standards of engagement that will be undertaken by the company with the holders of licences.
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(5)Without prejudice to the generality of subsection (4), the reference to standards in that subsection includes a reference to standards relating to the following: (a) the principle of ‘just culture’ as defined in Article 2 of Regulation (EU) No. 376/2014 of the European Parliament and of the Council of 3 April 20142 on the reporting, analysis and follow-up of occurrences in civil aviation; (b) general principles and policies relating to enforcement actions undertaken by the company; (c) the right to a response in writing from the company in relation to any refusal to grant a licence, suspension or revocation of a licence or amendment of a licence; (d) the right to avail of an appeal mechanism in relation to any refusal to grant a licence, suspension or revocation of a licence or amendment of a licence; (e) the right to make representations in relation to an enforcement action undertaken by the company; (f) the general guidance that the company will give to the holders of licences as regards the discharge of their obligations as such holders.
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(6)In this section, ‘Forum’ means the Aviation Stakeholders Forum referred to in subsection (1).”.
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Crew peer support programmes 77. The Act of 1993 is amended by the insertion of the following section after section 65: “65B. (1) (a) Subject to paragraph (b), the company shall, at such times as it may determine, conduct a review of the effectiveness of airline provisions concerning crew peer support programmes. (b) The company shall, not later than 12 months after the commencement of section 76 of the Air Navigation and Transport Act 2022, conduct a review. (c) The company shall publish on the company’s website a report on the results of a review. (d) A review shall consider the following: (i) the use of the programme by pilots; (ii) the pilots’ perception of the programme; (iii) the protection of confidentiality; (iv) the promotion, by accountable managers of recognised organisations of aircraft crew members, of the use of the programme and trust in it; (v) the access and referral to professional advice as necessary, including referral to mental and psychological health professionals; (vi) confidential arrangements for the temporary cessation of duty; (vii) the process for returning to work; (viii) resourcing; (ix) accessibility, including online access; (x) the selection and training of peers; (xi) the independence of peers from management or supervisory functions or any other conflict of interest. (e) In conducting a review, the company shall seek the direct feedback of pilots and other stakeholders, at the same time protecting the confidentiality of all information provided.
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(2)Any deficiencies or opportunities for improvement identified by the company in the course of a review shall be dealt with directly through the company’s oversight programme or through the State Plan for Aviation Safety, as applicable.
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(3)Nothing in this section shall be construed to prejudice the generality of Commission Regulation (EU) No. 965/2012 of 5 October 20123 laying down technical requirements and administrative procedures related to air operations pursuant to Regulation (EC) No. 216/2008 of the European Parliament and of the Council.
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(4)In this section— ‘programme’ means a crew peer support programme referred to in subsection (1)(a); ‘review’ means a review referred to in subsection (1)(a).”.
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Amendment of section 67 of Act of 1993 78. Section 67 of the Act of 1993 is amended, in paragraph (d), by the substitution of “Schedule 1” for “the Schedule”.
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Regulations may be made to give effect to certain provisions of EASA Basic Regulation 79. The Act of 1993 is amended by the insertion of the following section after section 69: “69A. (1) The Minister may make regulations for the purpose of exercising the opt-in provisions of Article 2.6 of the EASA Basic Regulation to give effect to certain provisions of the EASA Basic Regulation relating to the regulation of aviation activities by aircraft (including related engines, propellers, parts, non-installed equipment and equipment to control aircraft remotely) while carrying out search and rescue, firefighting, coastguard or similar activities or services under the control and responsibility of the State, undertaken in the public interest by or on behalf of the Irish Coast Guard and the personnel and organisations involved in the activities and services performed by those aircraft.
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(2)Without prejudice to the generality of subsection (1), regulations under this section may— (a) make provision in relation to all or any aspect of (including any combination of) the matters set out in sections I, II, III and VII of Chapter III of the EASA Basic Regulation as may be specified in the regulations, (b) apply either generally or to such class of persons or activities or services as may be specified in the regulations, and (c) contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary for the purposes of the regulations (including provisions repealing, amending or applying, with or without modification, other law, exclusive of this Act, the European Communities Act 1972 and the European Communities Act 2007 ).
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(3)When making regulations under subsection (1), the Minister shall have regard to the following: (a) the aim to strengthen the national aviation safety regulatory framework for aviation activities of the Irish Coast Guard and aligning it with European aviation safety regulations; (b) the need to provide for greater specificity in relation to the regulatory framework of the oversight of aviation activities by and for the Irish Coast Guard; (c) the need to secure the operation and safety of the aircraft, and persons and property contained therein, operated by or on behalf of the Irish Coast Guard and mitigate the risks pertaining to safety; (d) the need to allow for immediate reaction to accidents and serious incidents and balance the safety requirements with search and rescue objectives; (e) the interests and views of the civil aviation sector and the general public; (f) the interest of international cooperation within the European aviation industry and the promotion of European aviation safety standards; (g) the need to promote effectiveness in regulatory, certification and oversight processes.
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(4)The Minister shall consult with the Irish Coast Guard and the company before he or she makes regulations under this section.
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(5)A word or expression which is used in this section and which is also used in the EASA Basic Regulation has, unless the context otherwise requires, the same meaning in this section as it has in the EASA Basic Regulation.
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(6)In this section ‘EASA Basic Regulation’ has the meaning assigned to it by section 32A(6).”.
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Accountability of company, etc., to Committees of Oireachtas 80. The Act of 1993 is amended by the insertion of the following section after section 71: “71A. (1) The Chief Executive or a relevant officer shall, whenever required by the Committee of Dáil Éireann established under the Standing Orders of Dáil Éireann to examine and report to Dáil Éireann on the appropriation accounts and reports of the Comptroller and Auditor General, attend before and give evidence to that Committee on— (a) the regularity and propriety of the transactions recorded or required to be recorded in any book or other record of account subject to audit by the Comptroller and Auditor General which the company is required by or under this Act or any other enactment to prepare, (b) the economy and efficiency of the company in the use of its resources, (c) the systems, procedures and practices employed by the company for the purpose of evaluating the effectiveness of its operations, and (d) any matter affecting the company referred to in a special report of the Comptroller and Auditor General under section 11
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(2)of the Comptroller and Auditor General (Amendment) Act 1993 , or in any other report of the Comptroller and Auditor General (in so far as it relates to a matter specified in paragraph (a), (b) or (c)) that is laid before Dáil Éireann.
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(2)From time to time, and whenever so requested, the Chief Executive or a relevant officer shall account for the performance of the company’s functions to a Committee of one or both Houses of the Oireachtas and the company shall have regard to any recommendations of such Committee relevant to its functions.
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(3)(a) Paragraph (b) applies where the Chief Executive or a relevant officer is requested by a Committee of the Oireachtas to— (i) attend before that Committee, and (ii) provide that Committee with information relating to the company’s functions. (b) The Chief Executive or relevant officer, as appropriate, shall— (i) appear before the Committee, and (ii) provide the Committee with such information relating to the aviation safety performance statement referred to in section 32A as the Committee requires.
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(4)In this section, ‘relevant officer’ means an officer of the company nominated by the company for the purposes of one or more of subsections (1) to (3).”.
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Amendment of section 72 of Act of 1993 81. Section 72 of the Act of 1993 is amended, in subsection (4)(b), by the substitution of “Schedule 1” for “the Schedule”.
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Amendment of Act of 1993 - insertion of new sections 74A to 74D 82. The Act of 1993 is amended by the insertion of the following sections after section 74: “Definitions - sections 74B to 74D 74A. In sections 74B to 74D— ‘enforcement notice’ means a notice under section 74B(2); ‘IAA’ means the company referred to in section 11; ‘IANS’ means the company referred to in section 10 of the Air Navigation and Transport Act 2022; ‘relevant provision’ means a provision of— (a) this Act (including a European Union Regulation listed in Schedule 2) relating to a function of the IANS, or (b) another enactment (other than the Aviation Regulation Act 2001 ) relating to a function of the IANS.
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Issue of enforcement notices 74B. (1) Subsection (2) applies where the IAA is of the opinion (in this section referred to as the ‘relevant opinion’) that the IANS— (a) has failed to comply or fully comply with a relevant provision, (b) is failing to comply or fully comply with a relevant provision, or (c) has failed to comply or fully comply with a relevant provision in circumstances that make it likely that the failure will continue or be repeated.
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(2)The IAA may give the IANS a notice in writing— (a) stating the relevant opinion, (b) specifying the relevant provision as to which the IAA is of that opinion and the reasons why it is of that opinion, (c) directing the IANS to take such steps as are specified in the notice to remedy the failure concerned or, as the case may be, the matters occasioning it, and (d) specifying a period (ending not earlier than the period specified in section 74C within which an application under that section against any directions specified in the notice may be made) within which those steps must be taken.
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(3)The steps specified in an enforcement notice to remedy any failure or matter to which the notice relates may be framed so as to afford the IANS a choice between different ways of remedying the failure or matter, as the case may be.
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(4)Where the IANS makes an application under section 74C(1) against any direction specified in an enforcement notice, the steps specified in the notice need not be taken by the IANS pending the determination, withdrawal or abandonment of the application.
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(5)The IAA may cancel an enforcement notice by notice in writing given to the IANS.
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(6)Where the IANS fails to take the steps specified in an enforcement notice given to it, the IAA may, on notice to the IANS, apply in a summary manner to the High Court for an order requiring the IANS to take those steps (or to take such varied or other steps for the like purpose as may be specified in the order), and the High Court— (a) may— (i) make the order sought, (ii) make the order sought subject to such variations to those steps as may be specified in the order, or (iii) make the order sought subject to such other steps for the like purpose as may be specified in the order, or (b) may dismiss the application, and, whether paragraph (a) or (b) is applicable, may make such order as to costs as it thinks fit in respect of the application.
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(7)Without prejudice to the powers of the High Court to enforce an order under subsection (6)(a), if the IANS fails to comply with the order it shall be guilty of an offence and liable on conviction on indictment to a fine not exceeding €150,000.
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Application for cancellation of direction specified in enforcement notice 74C. (1) The IANS may, on notice to the IAA, not later than 30 days after being given an enforcement notice, apply to the High Court for the cancellation of any direction specified in the notice and, on such an application, the High Court may— (a) cancel the direction, (b) confirm the direction, or (c) vary the direction, and, whether paragraph (a), (b) or (c) is applicable, make such order as to costs as it thinks fit in respect of the application.
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(2)The decision of the High Court on a direction specified in an enforcement notice shall be final save that, by leave of that Court or the Court of Appeal, an appeal by the IAA or the IANS, as the case may be, from the decision shall lie to the Court of Appeal on a point of law.
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Rules of court 74D. Rules of court may make provision for the expedition of the hearing of proceedings under sections 74B and 74C.”.
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Substitution of Schedule to Act of 1993 83. The Act of 1993 is amended by the substitution of the text set out in Schedule 2 for the Schedule to that Act.
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Amendment of Act of 1993 - insertion of Schedule 84. The Act of 1993 is amended by the insertion of the text set out in Schedule 3 as Schedule 2 to that Act.
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PART 8
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Restructuring of IAA - supplementary provisions Definitions - Part 8 85. In this Part— “assets” includes any property (real or personal), subsidiaries (within the meaning of section 7 of the Act of 2014) and any direct or indirect shareholdings of the IAA or of any such subsidiaries; “restructuring” means the doing of all things as are necessary or convenient for the purposes of giving effect to the other Parts of this Act in providing for full legal autonomy and independence in each of the IAA and the IANS.
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Restructuring of IAA 86. (1) Subject to Chapter 7 of Part 3 of the Act of 2014, the transfer of assets, liabilities, contracts, rights, obligations and other things necessary to give effect to the restructuring shall, as soon as possible with effect from the vesting day, be effected by the IAA or by the Minister under subsection (2), or by a combination of both.
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(2)The Minister may, with the consent of the Minister for Public Expenditure and Reform, by order or orders, provide for the doing of all such matters as the first-mentioned Minister believes necessary to give effect to the restructuring.
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(3)An order under subsection (2) may contain such provisions as the Minister considers necessary, including provisions dealing with assets, liabilities, contracts, rights, obligations and other things and provisions specifying the manner, the order in which and the effect of any transfer or transaction relating to such assets, liabilities, contracts, rights, obligations and other things.
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(4)The IAA may, with the consent of the Minister, or shall, at the Minister’s direction, enter into such arrangements with the IANS (including the terms and conditions upon which such arrangements may be entered into) for the purposes of effecting the restructuring and enabling the IANS to perform its functions under this Act.
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(5)The Minister may also give a direction prohibiting the IAA and the IANS from dealing with specified assets in a manner contrary to the direction.
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(6)In addition to section 7 of the Act of 1993, the Minister may give a direction to the IAA or the IANS in relation to any matter relating to or in anticipation of the restructuring.
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(7)The IAA, the Commission for Aviation Regulation and the IANS shall provide to the Minister all such information and other assistance as the Minister may require for the purposes of or in connection with the restructuring.
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(8)The Minister may, with the consent of the Minister for Public Expenditure and Reform, by order confer on the IAA and the IANS such additional functions connected with the restructuring as he or she thinks fit, subject to such conditions (if any) as may be specified in the order.
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(9)An order under subsection (8) may contain such incidental or supplementary provisions as may, in the opinion of the Minister, be necessary to give full effect to the order.
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PART 9
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Amendment of Air Navigation and Transport (Amendment) Act 1998 Amendment of section 13 of Act of 1998 87. Section 13 of the Act of 1998 is amended by— (a) the substitution of the following subsection for subsection (5): “(5) The aggregate at any one time of moneys borrowed under this section shall not exceed— (a) in the case of daa and any of its subsidiaries, from the Dublin appointed day, €5 billion, and (b) in the case of Cork Airport Authority and any of its subsidiaries, from the Cork appointed day, €100 million.”, and (b) by the deletion of subsection (6).
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PART 10
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Amendment of Aviation Regulation Act 2001, etc.
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Definition - Part 10 88. In this Part, “Act of 2001” means the Aviation Regulation Act 2001 .
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Amendment of Act of 2001 89. The Act of 2001 is amended by the substitution of “Regulations of 2011” for “European Communities (Dublin Airport Charges) Regulations 2011” in each place where it occurs in sections 8A and 32(2).
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Amendment of section 2 of Act of 2001 90. Section 2 of the Act of 2001 is amended, in subsection (1)— (a) by the deletion of the definition of “terminal services”, and (b) by the insertion of the following definitions: “‘Regulations of 2011’ means the European Communities (Dublin Airport Charges) Regulations 2011 ( S.I. No. 116 of 2011 ); ‘statement of strategy’ means a statement of strategy prepared and submitted under section 27A;”.
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Amendment of section 7 of Act of 2001 91. Section 7 of the Act of 2001 is amended by the deletion of “and aviation terminal services charges”.
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Commission to review market power of airport authorities 92. The Act of 2001 is amended by the insertion of the following section after section 8A: “8B. (1) The Commission may from time to time carry out a review to assess the market power held by an airport authority in a relevant market in order to assist the Commission in carrying out its functions under this Act.
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(2)The Commission shall carry out a review under subsection (1) when requested to do so by the Minister.
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(3)The Commission shall specify the relevant market for the purposes of a review under subsection (1).
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(4)Before carrying out a review under subsection (1), the Commission shall publish a notice setting out— (a) that the Commission proposes to carry out a review to assess the market power held by an airport authority in a relevant market, and (b) that submissions in respect of the review may be made to the Commission in writing before a date specified in the notice (being not less than one month from the date of publication of the notice).
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(5)When carrying out a review under subsection (1), the Commission shall consider any submissions made to it under subsection (4)(b).
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(6)The Commission shall furnish a report of the findings of the review to the Minister and shall, in that report, make recommendations on the regulation of airport charges.
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(7)An airport authority shall, upon a request from the Commission, provide the Commission with such information as the Commission may reasonably require for the purposes of a review under subsection (1).”.
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Amendment of section 10 of Act of 2001 93. Section 10 of the Act of 2001 is amended— (a) in subsection (1), by the deletion of “in the exercise of its functions”, and (b) by the insertion of the following subsection after subsection (2): “(3) The Minister shall not give a policy direction under subsection (1) in respect of the exercise of the principal function of the Commission specified in section 7.”.
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Amendment of section 17 of Act of 2001 94. Section 17 of the Act of 2001 is amended, in subsection (7), in the definition of “interests”, in paragraph (a), by the deletion of subparagraph (iii).
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Amendment of section 26 of Act of 2001 95. Section 26 of the Act of 2001 is amended, in paragraph (c), by the insertion of “and its implementation of the current strategy statement,” after “the performance of its functions”.
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Amendment of section 27 of Act of 2001 96. Section 27 of the Act of 2001 is amended, in subsection (2), by the deletion of “(including statements of strategy)”.
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Amendment of Act of 2001 - insertion of new sections 27A and 27B 97. The Act of 2001 is amended by the insertion of the following sections after section 27: “Commission to prepare statement of strategy 27A. (1) Subject to subsection (2), the Commission shall— (a) as soon as is practicable after the commencement of section 97 of the Air Navigation and Transport Act 2022 but, in any case, not later than 6 months after that commencement, and (b) thereafter, not earlier than 6 months before and not later than 6 months later than each subsequent period of 3 years following the laying before each House of the Oireachtas in accordance with subsection (4) of the statement of strategy, prepare and submit to the Minister for the Minister’s approval a statement of strategy for the Commission for the ensuing period of 3 years.
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(2)A statement of strategy shall— (a) comply with any directions issued from time to time by the Minister in respect of the form and manner of the statement’s preparation, (b) set out the key objectives, outputs and related strategies of the Commission for performing its functions under this Act during the period to which the statement relates, including the use of resources, (c) have regard to the need to ensure the most beneficial, effective and efficient use of the Commission’s resources, (d) identify the relevant performance indicators (financial and non-financial) and specify the manner in which the Commission proposes to assess its performance in respect of the objectives, outputs and strategies referred to in paragraph (b), (e) except for the first statement of strategy, include a review of the outcomes and effectiveness of the preceding statement of strategy, and (f) include any other matters that the Minister may from time to time direct.
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(3)When preparing the statement of strategy, the Commission may consult with any persons it considers appropriate.
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(4)The Minister shall, as soon as is practicable after a statement of strategy has been submitted to him or her in accordance with subsection (1) and he or she has approved it, cause a copy of the statement to be laid before each House of the Oireachtas.
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(5)The Commission shall, as soon as practicable after the statement of strategy has been laid before each House of the Oireachtas, arrange for the statement to be published on the internet.
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Business plan 27B. (1) Subject to subsections (2) and (3), the Commission shall, in each year— (a) prepare and adopt a business plan in respect of that year or of such other period as may be determined by the Minister, and (b) submit the plan to the Minister.
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(2)A business plan shall— (a) indicate the activities of the Commission for the period to which the business plan relates, (b) contain estimates of the number of— (i) employees of the Commission, and (ii) staff members of the Commission who are not employees of the Commission, for the period and the business to which the plan relates, and (c) accord with policies and objectives of the Minister and the Government as they relate to the functions of the Commission.
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(3)The Commission shall, in preparing the business plan, have regard to the statement of strategy in operation at that time as approved under section 27A.”.
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Amendment of section 32 of Act of 2001 98. Section 32 of the Act of 2001 is amended, in subsection (14)— (a) in paragraph (a), by the insertion of “or extend the period referred to in subsection (5)(a) by not more than 2 years” after “amend the determination”, and (b) in paragraph (b), by the insertion of “, or as extended under paragraph (a)” after “referred to in subsection (5)(a)”.
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Amendment of section 33 of Act of 2001 99. Section 33 of the Act of 2001 is amended— (a) by the substitution of the following subsection for subsection (1): “(1) In making a determination, the principal objectives of the Commission shall be to protect and promote the reasonable interests of current and prospective users of Dublin Airport and the Commission shall seek to— (a) promote safety and security at Dublin Airport, (b) facilitate the efficient and economic development and operation of Dublin Airport, (c) promote high-quality and cost-effective airport services at Dublin Airport, and (d) take account of the policies of the Government on aviation, climate change and sustainable development.”, and (b) in subsection (2), by— (i) the deletion of paragraph (e), (ii) the deletion, in paragraph (h), of “and”, (iii) the substitution, in paragraph (i), of “daa, and” for “daa.”, and (iv) the insertion of the following paragraph after paragraph (i): “(j) the need to encourage competition at Dublin Airport to— (i) improve capacity, (ii) provide choice on routes, (iii) provide choice between airlines, and (iv) improve international connectivity.”.
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Minister may review regulation of airport charges by Commission 100. The Act of 2001 is amended by the insertion of the following section after section 33: “33A. (1) The Minister may, at any time, carry out a review of the regulation of airport charges by the Commission under this Act.
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(2)Before carrying out a review under subsection (1), the Minister shall publish a notice setting out— (a) that the Minister proposes to carry out a review of the regulation of airport charges, and (b) that submissions in respect of the review may be made to the Minister in writing before a date specified in the notice (being not less than one month from the date of publication of the notice).
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(3)When carrying out a review under subsection (1), the Minister shall— (a) consider any submissions made to the Minister under subsection (2)(b), (b) consider the most recent report prepared by the Commission under section 8B, if applicable, (c) have regard to the policies of the Government on aviation, (d) assess the effectiveness of the regulation of airport charges by the Commission under this Act, and (e) make recommendations to the Government on legislative change or any other policy matters concerning the regulation of airport charges, as appear to the Minister to be appropriate as a result of the review.
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(4)As soon as may be following the completion of a review under this section, the Minister shall prepare a report setting out the findings of the review.
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(5)The Minister shall submit a copy of the report under subsection (4) to the Government and the Minister shall cause a copy of the report to be laid before each House of the Oireachtas as soon as may be after it is approved by the Government.
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(6)After the report has been laid before each House of the Oireachtas, the Minister shall arrange for the report to be published on the internet.”.
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Appeal to High Court 101. The Act of 2001 is amended by the insertion of the following section after section 39: “39A. (1) A relevant person who is aggrieved by a determination of the Commission under section 32(2) may, not later than 3 months after notice has been given under section 32(11), appeal to the High Court against that determination.
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(2)The High Court shall hear and determine an appeal under this section and may make such orders as it considers appropriate.
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(3)The orders that may be made by the High Court on the hearing of an appeal under this section include (but are not limited to) one or more of the following: (a) an order affirming the determination, subject to such modifications, if any, as it considers appropriate; (b) an order setting aside the determination; (c) an order amending the determination; (d) an order remitting the determination to the Commission for review in accordance with any directions of the Court; (e) such order as to costs as it thinks fit.
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(4)Where the High Court makes an order remitting the determination to the Commission for review under subsection (3)(d), the Commission shall review the determination in accordance with any directions of the Court.
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(5)A decision of the High Court under this section shall be final save that an appeal shall lie to the Court of Appeal on a point of law.
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(6)An appeal under subsection (1) shall not affect the operation of the determination unless, upon an application to the High Court, the Court makes an order staying or otherwise affecting the operation or implementation of the determination pending the hearing of the appeal.
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(7)In this section, ‘relevant person’ means— (a) daa, or (b) a user within the meaning of section 33(5).”.
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Amendment of section 42 of Act of 2001 102. Section 42 of the Act of 2001 is amended, in subsection (4), by the deletion of paragraph (b).
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Amendment of section 45A of Act of 2001 103. Section 45A of the Act of 2001 is amended by the insertion of the following subsection after subsection (2): “(2A) Where an operating air carrier having been convicted of an offence under subsection (2), after the commencement of this subsection, continues to fail to comply with the direction to which the offence relates, the operating air carrier commits a further offence on each day that the failure to comply continues and for each such offence is liable on summary conviction to a class E fine.”.
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Directions - Regulations of 2011 104. The Act of 2001 is amended by the insertion of the following section after section 45A: “45B. (1) Where the Commission either, on its own initiative or following a complaint, is of the opinion that daa has failed to comply with Regulation 6, 9, 10 or 11 of the Regulations of 2011, the Commission may issue a direction in writing to daa.
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(2)The direction shall— (a) state that the Commission is of the opinion that daa has failed to comply with Regulation 6, 9, 10 or 11 of the Regulations of 2011 and state the reason for that opinion, (b) specify the steps or measures to be taken by daa to remedy the failure concerned, (c) specify a period (ending not earlier than the end of the period within which an appeal may be made under subsection (7)) within which those steps or measures shall be taken, (d) include information regarding the making of an appeal under subsection (7), and (e) state that a failure to comply with the direction is an offence under subsection (12).
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(3)Daa may, within 14 days of the issue of the direction under subsection (1), make representations in writing to the Commission in relation to the direction.
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(4)The Commission shall, within 2 months of the receipt of representations under subsection (3), confirm, vary or withdraw the direction.
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(5)Daa shall notify the Commission in writing that the direction has been complied with, as soon as practicable after so complying, and in any case not later than 7 days after the end of the period specified in the direction.
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(6)The Commission shall, within one month of receipt of a notification under subsection (5), on being satisfied that daa has complied with the direction, give notice to daa confirming that compliance.
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(7)Daa may, within 21 days from the date the direction was issued under subsection (1), or confirmed or varied under subsection (4), appeal against the direction to the High Court.
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(8)Where daa makes an appeal under subsection (7), it shall at the same time notify the Commission of the appeal and the grounds for the appeal and the Commission shall be entitled to appear, be heard and adduce evidence on the hearing of the appeal.
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(9)The orders that may be made by the High Court on the hearing of an appeal under this section include (but are not limited to) one or more of the following: (a) an order affirming the direction, subject to such modifications, if any, as it considers appropriate; (b) an order setting aside the direction; (c) an order amending the direction.
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(10)Where an appeal under subsection (7) is made, the direction, as affirmed or amended by the Court, shall take effect on the later of— (a) the day next following the day on which the direction is affirmed or amended on appeal or the appeal is withdrawn, or (b) the date specified in the direction.
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(11)The Commission may withdraw a direction by notice in writing to daa.
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(12)Where daa fails to comply with a direction issued under subsection (1), daa commits an offence and is liable— (a) on summary conviction, to a class A fine, (b) on conviction on indictment, to a fine not exceeding €150,000.
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(13)Where daa has been convicted of an offence under subsection (12) and continues to fail to comply with the direction to which the offence relates, daa commits a further offence on each day that the failure to comply continues and for each such offence is liable on summary conviction to a class E fine.
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(14)Where a direction or notice is required to be given to daa under this section, the direction or notice shall be addressed to daa and shall be given in one of the following ways— (a) by delivering it to daa, (b) by leaving it at the address at which daa carries on business, (c) by sending it by post in a pre-paid registered letter addressed to daa at the address at which daa carries on business, (d) if an address for the service of a direction or notice has been furnished by daa, by leaving it at, or sending it by pre-paid registered letter addressed to daa to, that address, (e) by sending it by means of electronic mail or a facsimile machine, to a device or facility for the reception of electronic mail or facsimiles located at the address at which daa carries on business or, if an address for the service of a direction or notice by electronic mail or facsimile machine has been furnished by daa, that address: provided that— (i) the sender’s— (I) facility for the reception of electronic mail generates a message confirming a receipt of the electronic mail, or (II) facsimile machine generates a message confirming successful transmission of the total number of pages of the direction or notice, and (ii) the direction or notice is also given in one of the other ways mentioned in any of the preceding paragraphs.
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(15)A copy of a direction or notice, which has endorsed on it a certificate purporting to be signed by a commissioner, the deputy commissioner or an officer of the Commission (authorised in that behalf by the Commission) stating that the copy is a true copy of the direction or notice may, without proof of signature of that person, be produced in every court and in all legal proceedings and is evidence, unless the contrary is shown, of the direction or notice.”.
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Repeals and savings 105. (1) Sections 35, 36, 38 and 40 of the Act of 2001 are repealed.
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(2)Notwithstanding subsection (1), section 40 of the Act of 2001 shall continue to apply where— (a) the determination referred to in section 40(1) of the Act of 2001 was made prior to the commencement of this section, and (b) a request is made under section 40(2) of the Act of 2001 in respect of that determination in accordance with subsection (2A) of that section.
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(3)Where a person may appeal against a determination under section 40 of the Act of 2001, that person shall not be entitled to appeal against the determination under section 39A of the Act of 2001.
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PART 11
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Dissolution of Commission for Aviation Regulation Definitions - Part 11 106. In this Part— “Commission” means the Commission for Aviation Regulation; “dissolution day” means the day appointed under section 107.
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Dissolution day 107. The Minister shall, by order, appoint a day to be the dissolution day for the purposes of this Part.
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Dissolution of Commission 108. (1) The Commission is dissolved.
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(2)This section shall come into operation on the dissolution day.
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Transfer of functions to IAA 109. (1) All functions that, immediately before the dissolution day, were vested in the Commission are transferred to the IAA.
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(2)References in any enactment passed before the dissolution day, or in any instrument made before that day under an enactment, to the Commission shall, on and after that day, be construed as references to the IAA.
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(3)This section shall come into operation on the dissolution day.
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Transfer of staff of Commission to IAA 110. (1) Every person who is a member of the Commission or member of the staff of the Commission immediately before the dissolution day shall, on that day, be transferred to and become a member of the staff of the IAA.
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(2)Except in accordance with a collective agreement negotiated with any recognised trade unions and staff associations concerned, a person referred to in subsection (1) shall not, while in the service of the IAA, be brought to less beneficial conditions of service (including conditions in relation to tenure of office) or of remuneration than the conditions of service (including conditions in relation to tenure of office) or remuneration to which he or she was subject immediately before the dissolution day.
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(3)In relation to persons transferred to the IAA under subsection (1) previous service with the Commission shall be reckonable for the purposes of, but subject to any exceptions or exclusions in, the following enactments: (a) the Redundancy Payments Acts 1967 to 2014; (b) the Protection of Employees (Part-Time Work) Act 2001 ; (c) the Protection of Employees (Fixed-Term Work) Act 2003 ; (d) the Minimum Notice and Terms of Employment Acts 1973 to 2005; (e) the Unfair Dismissals Acts 1977 to 2015; (f) the Terms of Employment (Information) Acts 1994 to 2014; (g) the Organisation of Working Time Act 1997 ; (h) the Parental Leave Acts 1998 and 2019; (i) the Carer’s Leave Act 2001 ; (j) the Maternity Protection Acts 1994 and 2004; (k) the Adoptive Leave Acts 1995 and 2005; (l) the Paternity Leave and Benefit Act 2016 .
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Transfer of land and other property of Commission 111. (1) On the dissolution day, all lands that, immediately before that day, were vested in the Commission and all rights, powers and privileges relating to or connected with such lands shall, without any conveyance or assignment, stand vested in the IAA for all the estate or interest therein that, immediately before the dissolution day, were vested in the Commission, but subject to all trusts and equities affecting the lands continuing to subsist and being capable of being performed.
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(2)On the dissolution day, all property (other than land), including choses-in-action, that immediately before that day, was vested in the Commission shall stand vested in the IAA without any assignment.
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(3)Every chose-in-action vested in the IAA by virtue of subsection (2) may, on and from the dissolution day, be sued on, recovered or enforced by the IAA in its own name, and it shall not be necessary for the IAA, or the Commission, to give notice to any person bound by the chose-in-action of the vesting effected by that subsection.
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Transfer of rights and liabilities, and continuation of leases, licences and permissions granted by Commission 112. (1) All rights and liabilities of the Commission arising by virtue of any contract or commitment (expressed or implied) entered into by it before the dissolution day shall, on that day, stand transferred to the IAA.
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(2)Every right and liability transferred by subsection (1) to the IAA may, on and after the dissolution day, be sued on, recovered or enforced by or against the IAA in its own name, and it shall not be necessary for the IAA or the Commission to give notice to the person whose right or liability is transferred of such transfer.
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(3)Every lease, licence, wayleave or permission granted by the Commission in relation to land or other property vested in the IAA by or under this Act, and in force immediately before the dissolution day, shall continue in force as if granted by the IAA.
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Liability for loss occurring before dissolution day 113. (1) A claim in respect of any loss or injury alleged to have been suffered by any person arising out of the performance before the dissolution day of any of the functions of the Commission shall, on and after that day, lie against the IAA and not against the Commission.
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(2)Any legal proceedings pending immediately before the dissolution day to which the Commission is a party shall be continued, with the substitution in the proceedings of the IAA for the Commission.
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(3)Where, before the dissolution day, agreement has been reached between the parties concerned in settlement of a claim to which subsection (1) relates, the terms of which have not been implemented, or judgment in such a claim has been given in favour of a person but has not been enforced, the terms of the agreement or judgment, as the case may be, shall, in so far as they are enforceable against the Commission, be enforceable against the IAA and not the Commission.
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(4)Any claim made or proper to be made by the Commission in respect of any loss or injury arising from the act or default of any person before the dissolution day shall be regarded as having been made by or properly made by the IAA and may be pursued and sued for by the IAA as if the loss or injury had been suffered by the IAA.
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Provisions consequent upon transfer of functions, assets and liabilities to IAA 114. (1) Anything commenced and not completed before the dissolution day by or under the authority of the Commission may be carried on or completed on or after that day by the IAA.
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(2)Every instrument made under an enactment and every document (including any certificate) granted or made by the Commission shall, if and in so far as it was operative immediately before the dissolution day, have effect on and after that day as if it had been granted or made, as the case may be by the IAA.
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(3)Any money, stocks, shares, securities or sureties transferred by section 111 or that, immediately before the dissolution day, were standing in the name of the Commission shall, on the request of the IAA, be transferred into its name.
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(4)A certificate signed by the Minister that any property, right or liability has or, as the case may be, has not vested in the IAA under section 111 or 112 shall be sufficient evidence, unless the contrary is shown, of the fact so certified for all purposes.
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Saving for certain acts 115. Nothing in this Part affects the validity of any act done before the dissolution day by or under the authority of the Commission and every such act shall, if and in so far as it was operative immediately before that day, have effect on and after that day as if it had been done by or on behalf of the IAA.
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Final accounts and final annual report of Commission 116. (1) The IAA shall, in respect of the period that the Minister may specify, which may be a period that is longer or shorter than a financial year of the Commission, prepare final accounts of the Commission.
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(2)The IAA shall submit the final accounts to the Comptroller and Auditor General for audit not later than 3 months after the dissolution day.
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(3)The IAA shall prepare a final annual report for the Commission and submit the report to the Minister not later than 6 months after the dissolution day.
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(4)
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Section 26
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of the Aviation Regulation Act 2001 shall apply, with all necessary modifications, in relation to final accounts and an annual report prepared under this section.
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Continuation in force of Commission superannuation schemes or arrangements 117. (1) Every scheme or arrangement in relation to superannuation administered by the Commission immediately before the dissolution day shall, on that day, continue in force as if made by the IAA.
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(2)All liabilities, duties, obligations and funding (including pension increases and supplementary pension payments) arising by virtue of the operation of a scheme or arrangement referred to in subsection (1) and carried out immediately before the dissolution day by the Commission shall, upon the dissolution day, stand transferred to the IAA.
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(3)Every right and liability transferred by this section to the IAA may be sued on, recovered or enforced by or against the IAA in the name of the IAA and it shall not be necessary for the IAA to give notice to any person of the transfer of any right or liability.
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(4)This section shall not apply to— (a) the Single Public Service Pension Scheme, or (b) a person who is a member of that Scheme.
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Superannuation schemes or arrangements in relation to members of Commission or staff to whom section 117 does not apply 118. (1) The IAA shall, as soon as is practicable after the commencement of this section but, in any case, before the dissolution day, make the relevant scheme or arrangement.
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(2)The relevant persons shall, on the dissolution day and by virtue of this section, become members of the relevant scheme or arrangement.
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(3)In this section— “relevant persons” means the members of the Commission and members of the staff of the Commission who stand transferred to the IAA under section 110 as members of the staff of the IAA and who were not members of a scheme or arrangement referred to in section 117
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(1)immediately before the dissolution day; “relevant scheme or arrangement” means a scheme or arrangement referred to in section 41 of the Act of 1993 made before the dissolution day for the purposes of relevant persons becoming members of such scheme or arrangement on that day and containing terms and conditions in relation to superannuation no less favourable to relevant persons than those terms and conditions in relation to superannuation to which they were entitled immediately before that day.
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SCHEDULE 1 European Regulations under which IANS may impose charges
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Section 41
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European Regulations under which IANS may impose charges European Union Regulation Air Navigation Service Provision 1. Regulation (EC) No 549/2004 of the European Parliament and of the Council of 10 March 20044 laying down the framework for the creation of the single European sky (the framework Regulation), as amended by Regulation (EC) No 1070/2009 2. Regulation (EC) No 550/2004 of the European Parliament and of the Council of 10 March 20045 on the provision of air navigation services in the single European sky (the service provision Regulation), as amended by Regulation (EC) No 1070/2009 3. Regulation (EC) No 551/2004 of the European Parliament and of the Council of 10 March 20046 on the organisation and use of the airspace in the single European sky (the airspace Regulation), as amended by Regulation (EC) No 1070/2009 4. Commission Regulation (EC) No 2150/2005 of 23 December 20057 laying down common rules for the flexible use of airspace 5. Council Regulation (EC) No 219/2007 of 27 February 20078 on the establishment of a Joint Undertaking to develop the new generation European air traffic management system (SESAR), as amended by Council Regulation (EC) No 1361/2008 and Council Regulation (EU) No 721/2014 6. Commission Regulation (EU) No 255/2010 of 25 March 20109 laying down common rules on air traffic flow management, as amended by Commission Implementing Regulation (EU) No 923/2012, Commission Implementing Regulation (EU) 2016/1006 and Commission Implementing Regulation (EU) 2017/2159 7. Commission Regulation (EU) No 176/2011 of 24 February 201110 on the information to be provided before the establishment and modification of a functional airspace block 8. Commission Implementing Regulation (EU) No 1206/2011 of 22 November 201111 laying down requirements on aircraft identification for surveillance for the single European sky, as amended by Commission Implementing Regulation (EU) 2020/587 9. Commission Implementing Regulation (EU) No 1207/2011 of 22 November 201112 laying down requirements for the performance and the interoperability of surveillance for the single European sky, as amended by Commission Implementing Regulation (EU) No 1028/2014, Commission Implementing Regulation (EU) No 2017/386 and Commission Implementing Regulation (EU) No 2020/587 10. Commission Implementing Regulation (EU) No 923/2012 of 26 September 201213 laying down the common rules of the air and operational provisions regarding services and procedures in air navigation and amending Implementing Regulation (EU) No 1035/2011 and Regulations (EC) No 1265/2007, (EC) No 1794/2006, (EC) No 730/2006, (EC) No 1033/2006 and (EU) No 255/2010, as amended by Commission Regulation (EU) No 2015/340, Commission Implementing Regulation (EU) No 2016/1185, Commission Implementing Regulation (EU) No 2017/835, Commission Implementing Regulation (EU) No 2020/469, as amended by Commission Implementing Regulation (EU) No 2020/1177 and Commission Implementing Regulation (EU) No 2020/886
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11.Commission Implementing Regulation (EU) No 1079/2012 of 16 November 201214 laying down requirements for voice channels spacing for the single European sky, as amended by Commission Implementing Regulation (EU) No 657/2013, Commission Implementing Regulation (EU) No 2016/2345 and Commission Implementing Regulation (EU) 2017/2160 12. Commission Implementing Regulation (EU) 2017/373 of 1 March 201715 laying down common requirements for providers of air traffic management/air navigation services and other air traffic management network functions and their oversight, repealing Regulation (EC) No 482/2008, Implementing Regulations (EU) No 1034/2011, (EU) No 1035/2011 and (EU) 2016/1377 and amending Regulation (EU) No 677/2011, as amended by Commission Implementing Regulation (EU) No 2020/469 amended by Commission Implementing Regulation (EU) No 2020/1177 13. Regulation (EU) 2018/1139 of the European Parliament and of the Council of 4 July 201816 on common rules in the field of civil aviation and establishing a European Union Aviation Safety Agency, and amending Regulations (EC) No 2111/2005, (EC) No 1008/2008, (EU) No 996/2010, (EU) No 376/2014 and Directives 2014/30/EU and 2014/53/EU of the European Parliament and of the Council, and repealing Regulations (EC) No 552/2004 and (EC) No 216/2008 of the European Parliament and of the Council and Council Regulation (EEC) No 3922/91, as amended by Commission Delegated Regulation (EU) 2021/1087 14. Commission Implementing Regulation (EU) 2019/123 of 24 January 201917 laying down detailed rules for the implementation of air traffic management (ATM) network functions and repealing Commission Regulation (EU) No. 677/2011 Air Navigation Communications 15. Commission Regulation (EC) No 1033/2006 of 4 July 200618 laying down the requirements on procedures for flight plans in the pre-flight phase for the single European sky, as amended by Commission Implementing Regulation (EU) No 923/2012, Commission Implementing Regulation (EU) No 428/2013, Commission Implementing Regulation No (EU) 2016/2120 and Commission Implementing Regulation No (EU) 2018/139 16. Commission Regulation (EC) No 1032/2006 of 6 July 200619 laying down requirements for automatic systems for the exchange of flight data for the purpose of notification, coordination and transfer of flights between air traffic control units, as amended by Commission Regulation (EC) No 30/2009 17. Commission Regulation (EC) No 633/2007 of 7 June 200720 laying down requirements for the application of a flight message transfer protocol used for the purpose of notification, coordination and transfer of flights between air traffic control units, as amended by Commission Regulation (EU) No 283/2011
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18.Commission Regulation (EC) No 29/2009 of 16 January 200921 laying down requirements on data link services for the single European sky, as amended by Commission Implementing Regulation (EU) 2015/310, Commission Implementing Regulation (EU) 2019/1170 and Commission Implementing Regulation (EU) 2020/208 19. Commission Regulation (EC) No 262/2009 of 30 March 200922 laying down requirements for the coordinated allocation and use of Mode S interrogator codes for the single European sky, as amended by Commission Implementing Regulation (EU) No 2016/2345 20. Commission Regulation (EU) No 73/2010 of 26 January 201023 laying down requirements on the quality of aeronautical data and aeronautical information for the single European sky, as amended by Commission Implementing Regulation (EU) No 1029/2014 21. Commission Implementing Regulation (EU) No 1079/2012 of 16 November 201224 laying down requirements for voice channels spacing for the single European sky, as amended by Commission Implementing Regulation (EU) No 657/2013, Commission Implementing Regulation (EU) 2016/2345 and Commission Implementing Regulation (EU) 2017/2160 SCHEDULE 2 “SCHEDULE 1 Sections 14, 58, 59, 60, 67 and 72 Annexes to Chicago Convention in relation to which functions stand conferred on company Annexe 1 - Personnel Licensing Annexe 2 - Rules of the Air Annexe 4 - Aeronautical Charts Annexe 5 - Units of Measurement to be used in Ground and Air Operations Annexe 6 - Operation of Aircraft Annexe 7 - Aircraft Nationality and Registration Marks Annexe 8 - Airworthiness of Aircraft Annexe 10 - Aeronautical Telecommunications Annexe 11 - Air Traffic Services Annexe 12 - Search and Rescue (limited to rescue co-ordination centres and rescue sub-centres) Annexe 14 - Aerodromes Annexe 15 - Aeronautical Information Services Annexe 16 - Environmental Protection (other than environmental protection which falls within Volume IV, Carbon Offsetting and Reduction Scheme for International Aviation (CORSIA)) Annexe 17 - Security Annexe 18 - The Safe Transport of Dangerous Goods by Air Annexe 19 - Safety Management”.
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SCHEDULE 3 “SCHEDULE 2 Section 58A European Union Regulations under which company is competent authority European Union Regulation Aviation Safety 1. Regulation (EU) 2018/1139 of the European Parliament and of the Council of 4 July 201825 on common rules in the field of civil aviation and establishing a European Union Aviation Safety Agency, amended by Commission Delegated Regulation (EU) 2021/1087, and amending Regulations (EC) No 2111/2005, (EC) No 1008/2008, (EU) No 996/2010, (EU) No 376/2014 and Directives 2014/30/EU and 2014/53/EU of the European Parliament and of the Council, and repealing Regulations (EC) No 552/2004 and (EC) No 216/2008 of the European Parliament and of the Council, and Council Regulation (EEC) No 3922/91 2. Regulation (EC) No 1008/2008 of the European Parliament and of the Council of 24 September 200826 on common rules for the operation of air services in the Community (Recast), as amended by Regulation (EU) 2018/1139 of the European Parliament and of the Council, Regulation (EU) 2019/2 of the European Parliament and of the Council, Regulation (EU) 2020/696 of the European Parliament and of the Council, Commission Delegated Regulation (EU) 2020/2114 and Commission Delegated Regulation (EU) 2020/2115 3. Commission Regulation (EU) No 965/2012 of 5 October 201227 laying down technical requirements and administrative procedures related to air operations pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council, as amended by Commission Regulation (EU) No 800/2013, Commission Regulation (EU) No 71/2014, Commission Regulation (EU) No 83/2014, Commission Regulation (EU) No 379/2014, Commission Regulation (EU) No 2015/140, Commission Regulation (EU) No 2015/640, Commission Regulation (EU) No 2015/1329, Commission Regulation (EU) No 2015/2338, Commission Regulation (EU) No 2016/1199, Commission Regulation (EU) No 2017/363, Commission Regulation (EU) 2018/394, Commission Regulation (EU) 2018/1042, Commission Implementing Regulation (EU) 2018/1975, Commission Implementing Regulation (EU) 2019/1384, Commission Implementing Regulation (EU) 2019/1387 and Commission Implementing Regulation (EU) 2020/2036 4. Regulation (EU) No 376/2014 of the European Parliament and of the Council of 3 April 201428 on the reporting, analysis and follow-up of occurrences in civil aviation, amending Regulation (EU) No 996/2010 of the European Parliament and of the Council and repealing Directive 2003/42/EC of the European Parliament and of the Council and Commission Regulations (EC) No 1321/2007 and (EC) No 1330/2007 as amended by Regulation (EU) 2018/1139
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5.Commission Implementing Regulation (EU) 2015/1018 of 29 June 201529 laying down a list classifying occurrences in civil aviation to be mandatorily reported according to Regulation (EU) No 376/2014 of the European Parliament and of the Council 6. Commission Regulation (EU) No 452/2014 of 29 April 201430 laying down technical requirements and administrative procedures related to air operations of third country operators pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council, as amended by Commission Regulation (EU) 2016/1158 7. Commission Implementing Regulation (EU) No 923/2012 of 26 September 201231 laying down the common rules of the air and operational provisions regarding services and procedures in air navigation and amending Implementing Regulation (EU) No 1035/2011 and Regulations (EC) No 1265/2007, (EC) No 1794/2006, (EC) No 730/2006, (EC) No 1033/2006 and (EU) No 255/2010, as amended by Commission Regulation (EU) 2015/340, Commission Implementing Regulation (EU) 2016/1185, Commission Implementing Regulation 2017/835, Commission Implementing Regulation 2020/469, amended by Commission Implementing Regulation (EU) 2020/1177 and Commission Implementing Regulation (EU) 2020/886 8. Commission Regulation (EU) 2018/395 of 13 March 201832 laying down detailed rules for the operation of balloons as well as for the flight crew licensing for balloons pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council, as amended by Commission Implementing Regulation (EU) 2020/357 9. Commission Implementing Regulation (EU) 2018/1976 of 14 December 201833 laying down detailed rules for the operation of sailplanes as well as for the flight crew licensing for sailplanes pursuant to Regulation (EU) 2018/1139 of the European Parliament and of the Council, as amended by Commission Implementing Regulation (EU) 2020/358 10. Commission Implementing Regulation (EU) 2018/1048 of 18 July 201834 laying down airspace usage requirements and operating procedures concerning performance-based navigation 11. Commission Implementing Regulation (EU) 2019/947 of 24 May 201935 on the rules and procedures for the operation of unmanned aircraft, as amended by Commission Implementing Regulation (EU) 2020/639, Commission Implementing Regulation (EU) 2020/746 and Commission Implementing Regulation (EU) 2021/1166 12. Commission Delegated Regulation (EU) 2019/945 of 12 March 201936 on unmanned aircraft systems and on third-country operators of unmanned aircraft systems, as amended by Commission Delegated Regulation (EU) 2020/1058
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13.Regulation (EC) No 549/2004 of the European Parliament and of the Council of 10 March 200437 laying down the framework for the creation of the single European sky (the framework Regulation), as amended by Regulation (EC) No 1070/2009 of the Parliament and of the Council 14. Regulation (EC) No 550/2004 of the European Parliament and of the Council of 10 March 200438 on the provision of air navigation services in the single European sky (the service provision Regulation), as amended by Regulation (EC) No 1070/2009 of the Parliament and of the Council 15. Regulation (EC) No 551/2004 of the European Parliament and of the Council of 10 March 200439 on the organisation and use of the airspace in the single European sky (the airspace Regulation), as amended by Regulation (EC) No 1070/2009 of the Parliament and of the Council 16. Commission Regulation (EU) No 1332/2011 of 16 December 201140 laying down common airspace usage requirements and operating procedures for airborne collision avoidance, as amended by Commission Regulation (EU) 2016/583 17. Commission Regulation (EU) 2015/340 of 20 February 201541 laying down technical requirements and administrative procedures relating to air traffic controllers’ licences and certificates pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council, amending Commission Implementing Regulation (EU) No 923/2012 and repealing Commission Regulation (EU) No 805/2011 18. Commission Implementing Regulation (EU) 2017/373 of 1 March 201742 laying down common requirements for providers of air traffic management/air navigation services and other air traffic management network functions and their oversight, repealing Regulation (EC) No 482/2008, Implementing Regulations (EU) No. 1034/2011, (EU) No 1035/2011 and (EU) 2016/1377 and amending Regulation (EU) No 677/2011, as amended by Commission Implementing Regulation (EU) 2020/469 amended by Commission Implementing Regulation (EU) 2020/1177 19. Commission Implementing Regulation (EU) 2019/317 of 11 February 201943 laying down a performance and charging scheme in the single European sky and repealing Implementing Regulations (EU) No 390/2013 and (EU) No 391/2013 Air Passengers 20. Regulation (EC) No 1107/2006 of the European Parliament and of the Council of 5 July 200644 concerning the rights of disabled persons and persons with reduced mobility when travelling by air, and corrected by Corrigendum to Regulation (EC) No 1107/2006 Aerodromes 21. Commission Regulation (EU) No 139/2014 of 12 February 201445
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laying down requirements and administrative procedures related to aerodromes pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council, as amended by Commission Regulation (EU) 2017/161, Commission Regulation (EU) 2018/401 and Commission Delegated Regulation (EU) 2020/2148 Airworthiness 22. Commission Regulation (EU) No 748/2012 of 3 August 201246 laying down implementing rules for the airworthiness and environmental certification of aircraft and related products, parts and appliances, as well as for the certification of design and production organisations (recast), as amended by Commission Regulation (EU) No 7/2013, Commission Regulation (EU) No 69/2014, Commission Regulation (EU) 2015/1039, Commission Regulation (EU) 2016/5, Commission Delegated Regulation (EU) 2019/897, Commission Delegated Regulation (EU) 2020/570, Commission Delegated Regulation (EU) 2021/699 and Commission Delegated Regulation (EU) 2021/1088 23. Commission Regulation (EU) No 1321/2014 of 26 November 201447 on the continuing airworthiness of aircraft and aeronautical products, parts and appliances, and on the approval of organisations and personnel involved in these tasks, as amended by Commission Regulation (EU) No 2015/1088, Commission Regulation (EU) No 2015/1536, Commission Regulation (EU) No 2017/334, Commission Regulation (EU) 2018/750, Commission Regulation (EU) 2018/1142, Commission Implementing Regulation (EU) 2019/1383, Commission Implementing Regulation (EU) 2019/1384, Commission Implementing Regulation (EU) 2020/270, Commission Implementing Regulation (EU) 2020/1159, Commission Implementing Regulation (EU) 2021/685 and Commission Implementing Regulation (EU) 2021/700 24. Commission Regulation (EU) No 2015/640 of 23 April 201548 on additional airworthiness specifications for a given type of operations and amending Regulation (EU) No 965/2012, as amended by Commission Implementing Regulation (EU) 2019/133, Commission Implementing Regulation (EU) 2020/1159 and Commission Implementing Regulation (EU) 2021/97 Administrative Procedures for Aviation Safety 25. Council Regulation (EEC) No 3922/91 of 16 December 199149 on the harmonisation of technical requirements and administrative procedures in the field of civil aviation, as amended by Regulation (EC) No 1899/2006 of the European Parliament and the Council, Regulation (EC) No 1900/2006 of the European Parliament and the Council, Commission Regulation (EC) No 8/2008 and Commission Regulation (EC) No 859/2008 26. Commission Regulation (EU) No 1178/2011 of 3 November 201150
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laying down technical requirements and administrative procedures related to civil aviation aircrew pursuant to Regulation (EC) No 2016/2008 of the European Parliament and of the Council, as amended by Commission Regulation (EU) No 290/2012, Commission Regulation (EU) No 70/2014, Commission Regulation (EU) No 245/2014, Commission Regulation (EU) 2015/445, Commission Regulation (EU) 2016/539, Commission Regulation (EU) 2018/1065, Commission Regulation (EU) 2018/1119, Commission Implementing Regulation (EU) 2018/1974, Commission Implementing Regulation (EU) 2019/27, Commission Implementing Regulation (EU) 2019/430, Commission Implementing Regulation (EU) 2019/1747, Commission Implementing Regulation (EU) 2020/359, Commission Delegated Regulation (EU) 2020/723 Commission Implementing Regulation (EU) 2020/2193 and Commission Implementing Regulation (EU) 2021/1310 27. Commission Delegated Regulation (EU) 2020/723 of 4 March 202051 laying down detailed rules with regard to the acceptance of third-country certification of pilots and amending Commission Regulation (EU) No 1178/2011 Aviation Security 28. Regulation (EC) No 300/2008 of the European Parliament and of the Council of 11 March 200852 on common rules in the field of civil aviation security and repealing Regulation (EC) No. 2320/2002, as amended by Commission Regulation (EU) No 18/2010 29. Commission Regulation (EC) No 272/2009 of 2 April 200953 supplementing the common basic standards on civil aviation security laid down in the Annex to Regulation (EC) No 300/2008 of the European Parliament and of the Council, as amended by Commission Regulation (EU) No 297/2010, Commission Regulation (EU) No 720/2011, Commission Regulation (EU) No 1141/2011 and Commission Regulation (EU) No 245/2013 30. Commission Regulation (EU) No 72/2010 of 26 January 201054 laying down procedures for conducting Commission inspections in the field of aviation security, as amended by Commission Implementing Regulation (EU) No 2016/472 31. Commission Implementing Regulation (EU) 2015/1998 of 5 November 201555 laying down detailed measures for the implementation of the common basic standards on aviation security, as amended by Commission Implementing Regulation (EU) 2015/2426, Commission Implementing Regulation (EU) 2017/815, Commission Implementing Regulation (EU) 2017/837, Commission Implementing Regulation (EU) 2018/55, Commission Implementing Regulation (EU) 2019/103, Commission Implementing Regulation (EU) 2019/413, Commission Implementing Regulation (EU) 2020/111, Commission Implementing Regulation (EU) 2020/910 and Commission Implementing Regulation 2021/255
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32.Commission Regulation (EU) No 1254/2009 of 18 December 200956 setting criteria to allow Member States to derogate from the common basic standards on civil aviation security and to adopt alternative security measures, as amended by Commission Regulation (EU) 2016/2096 33. Commission Regulation (EC) 748/2009 of 5 August 200957 on the list of aircraft operators which performed an aviation activity listed in Annex I to Directive 2003/87/EC on or after 1 January 2006 specifying the administering Member State for each aircraft operator, as amended by Commission Regulation (EU) No 82/2010, Commission Regulation (EU) No 115/2011, Commission Regulation (EU) No. 394/2011, Commission Regulation (EU) No 100/2012, Commission Regulation (EU) No 109/2013, Commission Regulation (EU) No 815/2013, Commission Regulation (EU) No 100/2014, Commission Regulation (EU) 2015/180, Commission Regulation (EU) 2016/282, Commission Regulation (EU) 2017/294, Commission Regulation (EU) 2018/336, Commission Regulation (EU) 2019/225, Commission Regulation (EU) 2019/226, Commission Regulation (EU) 2020/535 and Commission Regulation (EU) 2021/66 ”.
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