The Civil Aviation Authority (“CAA”), in exercise of the powers conferred by sections 73, 74, 75 and 79 of the Transport Act 2000 (a), hereby makes the following Specification:

Citation and commencement

1. This Specification may be cited as the Civil Aviation Authority (Denmark and Iceland Charges) Specification 2009 and shall take effect on 1st January 2009.

Revocation

2. The Civil Aviation Authority (Denmark and Iceland Charges) Specification 2008 is hereby revoked.

Interpretation

3.-(1) In this Specification—

“NSL” means NATS (Services) Limited, a company incorporated in England and Wales with number 4129270 whose registered office is at 5th Floor South, Brettenham House, Lancaster Place, London WC2E 7EN.

(2) Unless otherwise defined in this Specification and unless the context otherwise requires, expressions used in this Specification shall have the same respective meanings as in the Transport Act 2000 and the Air Navigation Order 2005 (b) .

Charges for services provided by the Governments of Denmark and Iceland

4.-(1) In respect of each crossing between Europe and North America by an aircraft, wherever registered, in the course of which the aircraft is at any time north of the 45th parallel North between the meridians of 15° West and 50° West, the operator of the aircraft shall, upon completion of the crossing, pay to NSL a charge of £53.49 computed as follows—

in respect of chargeable air services provided by the Government of Denmark for such crossings £10.88.

in respect of chargeable air services provided by the Government of Iceland for such crossings £42.61.

(2) If an aircraft, wherever registered, without making a crossing between Europe and North America, makes one of the following crossings, that is to say between Greenland and Canada, Greenland and the United States of America, Greenland and Iceland or Iceland and Europe, the operator of the aircraft shall pay to NSL in respect of each crossing upon completion thereof, one third of the amount of the charges specified in sub-paragraph (1).

(3) If an aircraft, wherever registered, without making a crossing between Europe and North America, makes one of the following crossings, that is to say between Greenland and Europe, Iceland and Canada or Iceland and the United States of America, the operator of the aircraft shall pay to NSL in respect of each crossing upon completion thereof, two thirds of the amount of the charges specified in sub-paragraph (1).

(4) If an aircraft, wherever registered, without making a crossing for which a charge is specified in sub-paragraph (1), (2) or (3), makes a crossing—

• a between any point and Europe, or
• b between any point and Iceland

in the course of which the aircraft does not cross the coast of North America but does cross the meridian of 30° West north of the 45th parallel North, the operator shall pay to NSL in respect of each crossing upon completion thereof, one third of the amount of the charges specified in sub-paragraph (1).

(5) For the purposes of this Specification—

• a a crossing shall be counted whether or not the aircraft takes off or lands in the areas mentioned;
• b “Europe” shall not include Iceland or the Azores.

Circumstances in which charges are payable by the owner

5. If NSL is unable, after taking reasonable steps, to ascertain who is the operator, it may give notice to the owner of the aircraft that it will treat him as the operator for the purposes of this Specification until he establishes to the reasonable satisfaction of NSL that some other person is the operator; and from the time when the notice is given NSL shall be entitled, for so long as the owner is unable to establish as aforesaid that some other person is the operator, to treat the owner as if he were the operator, and for that purpose the provisions of this Specification (other than this paragraph) shall apply to the owner as if he were the operator.

Interest on late payment

6.-(1) If the amount of the charge payable under paragraph 4(1) is not paid in cleared funds by the operator of the aircraft within 30 days of the date payment is demanded by NSL, interest calculated in accordance with sub-paragraph (2) below on the unpaid amount shall be paid from that day until the date when cleared funds are received by NSL.

(2) Interest payable under sub-paragraph (1) shall be simple interest calculated from day to day at the rate of 9.86%.

Disposal by NSL of charges received under the Specification

7.-(1) Subject to sub-paragraphs (2) and (3) of this paragraph, NSL shall remit to the Governments of Denmark and Iceland such sums as it may receive under this Specification in respect of chargeable air services provided respectively by those Governments.

(2) NSL shall deduct from the sums so received a sum of 1.12% thereof and shall remit this sum to the International Civil Aviation Organisation in respect of chargeable air services provided by that Organisation.

(3) NSL may deduct from the sums so received and may retain as a fee a sum not exceeding 1.01% thereof.

By Order of the Civil Aviation Authority

R J Britton, Secretary and Legal Adviser, Civil Aviation Authority, CAA House, 45-59 Kingsway, London WC2B 6TE.

17 December 2008

EXPLANATORY NOTE

(This note is not part of the Specification)

This Specification revokes and replaces the Civil Aviation Authority (Denmark and Iceland Charges) Specification 2008.

The charge payable by operators of aircraft to the CAA in respect of crossings between Europe and North America is reduced in consequence of a decision of the Council of the International Civil Aviation Organisation. The element of the charge payable in respect of air navigation services provided by the Government of Denmark is increased from £8.01 to £10.88. The element of the charge payable in respect of air navigation services provided by the Government of Iceland is reduced from £44.98 to £42.61. The total charge is thus increased from £52.99 to £53.49 (paragraph 4(1)).

The interest rate payable is increased from 9.24% to 9.86% (paragraph 6(2)).

The charges are payable in pursuance of the Agreements on the Joint Financing of certain Air Navigation Services respectively in Greenland and the Faroe Islands and in Iceland, opened for signature in Geneva on 25th September 1956 (Cmnd. Nos. 677 and 678) as amended by the Protocols opened for signature at Montreal on 3rd November 1982 (Cmnd. Nos. 8844 and 8845).

In consequence of a decision of the Council of the International Civil Aviation Organisation the sum which is to be deducted by NSL from the charges received and remitted to that Organisation in respect of chargeable air services provided by it is reduced from 1.72 to 1.12% (paragraph 7(2)).

The charges are required to be remitted to the Governments of Denmark and Iceland subject to the deduction of a fee not exceeding 1.01% for NSL’s expenses in billing and collection (paragraph 7(3)).

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(a) 2000 c.38.

(b) S.I. 2005/1970, to which there are amendments not relevant to this Specification.