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29 1993

IRISH AVIATION AUTHORITY ACT, 1993

PART III

Provisions in relation to Eurocontrol Convention

Power of Minister to give effect to Eurocontrol Convention.

46. —Subject to section 5 (6), the Minister may make such orders as appear to him necessary or expedient for carrying out and giving effect to, or to any provision of, the Eurocontrol Convention and the Statute of the Agency annexed thereto.

Power of company to give effect to Eurocontrol Convention.

47. —The company may, with the consent of the Minister, make such orders in relation to matters to which functions of the company relate as appear to it to be necessary or expedient for carrying out and giving effect to, or to any provision of, the Eurocontrol Convention and the Statute of the Agency annexed thereto.

Status and privileges of Eurocontrol and privileges of its personnel.

48. —(1) Eurocontrol shall have the legal capacity of a body corporate and anything which may be required or authorised by law to be done by or to Eurocontrol may be done by or to the Agency on behalf of Eurocontrol.

(2) Eurocontrol shall be entitled to—

(a) the like exemption or relief from taxes and rates, other than taxes on the importation of goods or taxes or duties which form part of the price of goods sold, as is accorded to a foreign sovereign state,

(b) exemption, subject to compliance with such conditions as the Revenue Commissioners may prescribe, from taxes on the importation of goods directly imported by Eurocontrol for its official use in the State or for exportation, or on the importation of any publications of Eurocontrol directly imported by it, and

(c) exemption from prohibitions and restrictions on importation or exportation in the case of goods directly imported or exported by Eurocontrol for its official use and in the case of any publications of Eurocontrol directly imported or exported by it.

(3) Subject to subsection (4), any rule of law relating to the inviolability of the official archives and premises of an envoy of a foreign sovereign state accredited to the President shall extend to the official archives of Eurocontrol and to premises occupied by Eurocontrol wholly or mainly for the housing of its installations and, without prejudice to the generality of the foregoing provisions, no judgment or order of any court shall be enforced by the levying of execution upon anything forming part of any such installations.

(4) Subsection (3) (except so far as it relates to execution) shall not preclude access to any premises, or the inspection of any record or document—

(a) by a member of the Garda Síochána or other person acting in the execution of a warrant or other legal process or having reason to believe that an offence has been, is being or is about to be committed on the premises, or

(b) by any person investigating an accident or other incident in pursuance of the Acts or this Act or an order or regulation under the Acts or this Act.

(5) Persons employed by Eurocontrol in the State shall be entitled to exemption from customs duties and charges, other than those in respect of services rendered, in the case of importation of their personal effects, movable property and other household effects which are not new and which they bring into the State on first taking up residence in the State for the purpose of such employment and in the case of exportation of those effects and property upon their ceasing to be employed by Eurocontrol in the State.

(6) Persons employed by Eurocontrol shall enjoy inviolability for their official papers and documents.

(7) The Director General of the Agency shall enjoy immunity from jurisdiction in respect of acts, other than acts which would constitute a road traffic offence or acts whereby damage is caused by a motor vehicle belonging to, or driven by, him, but including words spoken or written.

(8) Representatives of member states of Eurocontrol shall, whilst exercising their functions, and in the course of any journey to or from a meeting of Eurocontrol, enjoy inviolability for their official papers and documents.

(9) In this section “installations” means apparatus for locating, directing, affording navigational aid to, or otherwise communicating with aircraft in flight, including apparatus for recording or processing material received or transmitted by such apparatus, and any other apparatus for use in connection with any such apparatus as aforesaid.

Venue for proceedings for recovery of sums due to Eurocontrol.

49. —(1) Proceedings for the recovery of a sum due by a person to Eurocontrol in respect of air navigation services or aeronautical communications services provided by Eurocontrol or any other person shall be brought—

(a) if the residence or, as the case may be, the registered office of the first-mentioned person, is situated in a contracting state, in that state,

(b) if his residence or, as the case may be, his registered office is not situated in a contracting state, in any contracting state in which the person has a place of business,

(c) if his residence or, as the case may be, his registered office is not situated, and he has no place of business, in a contracting state, in any contracting state in which he has assets, or

(d) if his residence or, as the case may be, his registered office is not situated, and he has no place of business or assets, in a contracting state, in the contracting state in which Eurocontrol, for the time being, has its headquarters.

(2) Proceedings in the State for the recovery of a sum due by a person to Eurocontrol may be taken against the person in any court of competent jurisdiction by Eurocontrol, the company or the Minister.

Enforceability and recognition of determination made in another contracting state.

50. —Subject to the provisions of this Act, a determination made in a contracting state other than the State shall be enforceable or recognised, as the case may be, in the State.

Application for enforcement of determination made in another contracting state.

51. —(1) An application for the enforcement of a determination made by a relevant authority in a contracting state other than the State shall be made to the High Court.

(2) On application to it for the enforcement of a determination, the High Court shall, unless it refuses to do so pursuant to section 54 , make an order for the enforcement of the determination to the extent that the debt to which the determination relates has not been satisfied.

(3) In an application for the enforcement of a determination under this section, the determination may not be reviewed as to its substance.

Documents required to accompany request for enforcement of determination.

52. —(1) The following documents shall be attached to an application for the enforcement, pursuant to the provisions of this Act, of a determination made in a contracting state other than the State, that is to say—

(a) a certified copy of the determination,

(b) in the case of a determination by a relevant authority (being a court or tribunal) which is made by default, the original or a certified copy of a document establishing that notice of the proceedings was duly served on the person against whom enforcement is sought,

(c) in the case of a determination by a relevant authority (being an administrative authority), a document establishing that the determination was subject to review by a court or tribunal but is no longer so subject because the court or tribunal has made a final decision and has dismissed the appeal concerned or because the appeal concerned has been withdrawn or because the time within which an appeal should be lodged has expired, and

(d) documents establishing that the determination is enforceable in the contracting state where the determination was made and that the person against whom enforcement is sought has received notice of the determination in due time.

(2) If the court so requires, a translation of the documents specified in subsection (1) shall be produced; the translation shall be certified as correct by a person competent to do so.

(3) For the purposes of this Part—

(a) a document, duly certified, which purports to be a copy of a determination of a relevant authority in a contracting state other than the State shall, without further proof, be deemed to be a true copy of that determination, unless the contrary is shown,

(b) the original or a copy of any document specified in paragraph (b), (c) or (d) of subsection (1) shall be evidence of any matter to which the document relates, and

(c) a document provided pursuant to subsection (2) which purports to be a translation of a document specified in subsection (1) and to be certified as correct by a person competent to do so shall, without further proof, be deemed to be such translation, unless the contrary is shown.

(4) A document purporting to be a copy of a determination by a relevant authority shall be deemed to be duly certified if—

(a) in the case of a determination by a court, it purports to bear the seal of that court or to be certified by any person in his capacity as a judge or officer of that court to be a true copy of a determination made by that court, or

(b) in the case of a determination by a relevant authority other than a court, it purports to be certified by any person in his capacity as an officer of that authority to be a true copy of a determination made by that authority.

Effect of order for enforcement of determination.

53. —(1) Whenever an order for the enforcement of a determination has been made pursuant to section 51

(a) the determination shall, to the extent to which its enforcement is authorised pursuant to the order, be of the same force and effect, and

(b) for or as respects the enforcement of the determination, the High Court shall have the same powers and proceedings may be taken, as if the determination was a judgment of the High Court.

(2) Whenever, on application to it in that behalf pursuant to section 51 , the High Court makes an order for the enforcement of a determination, the order may provide for the payment of the reasonable costs of and incidental to the application and such costs shall be recoverable as if they were sums recoverable under the determination.

(3) Where, on an application for the enforcement of a determination pursuant to section 51 , it is shown that, in accordance with the laws of the contracting state in which the determination was made, interest is recoverable under the determination from a particular date or time, the rate of interest and the date or time from which it is recoverable shall be noted in the order for enforcement, if such order is made, and interest in accordance with the noted particulars shall be payable on the amount specified in the determination.

(4) Interest on any amount due on foot of a determination in respect of which an order for enforcement has been made shall be recoverable only pursuant to this section.

Non-recognition or non-enforcement of determination.

54. —(1) A determination by a relevant authority in a contracting state other than the State shall not be recognised or enforced in the State if—

(a) the contracting state is not the state or one of the states in which, pursuant to the provisions of section 49 , proceedings leading to the making of the determination should have been brought, or

(b) the determination is not final, or

(c) the determination is manifestly contrary to public policy in the State, or

(d) the person against whom the proceedings leading to the determination were brought did not, notwithstanding that due notice of the proceedings may have been duly served on him in the contracting state, receive notice of the proceedings in sufficient time to enable him to defend the proceedings or, as the case may be, to apply for the proceedings to be reviewed, or

(e) proceedings relating to the same sum have been previously commenced, and are pending, in the State, or

(f) the determination is incompatible with the judgment of any court in the State, or

(g) the determination involved the application of the rules of private international law relating to a question concerning—

(i) the status or legal capacity of natural persons, or

(ii) rights of property arising out of a matrimonial relationship, or

(iii) wills or the laws relating to succession,

(being rules which are different from the corresponding rules of private international law applicable within the State) and the determination was different from the determination which would have been made if the rules of private international law applicable within the State had applied.

(2) For the purposes of subsection (1) (b), a determination by a relevant authority in a contracting state shall be deemed to be final if—

(a) neither an appeal from, nor an application for review of, the determination is pending in that state, and

(b) it is not possible for any of the reasons specified in subsection (3) for such an appeal to be brought or for such an application to be made.

(3) The reasons referred to in subsection (2) (b) are—

(a) the law applicable in the contracting state does not provide for an appeal from, or review of, the determination, being a determination made by either a court or a tribunal,

(b) the time within which an appeal must be brought or an application for review must be made has expired,

(c) an appeal which has been brought or an application for review which has been made, has been withdrawn, or

(d) the determination has been confirmed by, or made in pursuance of a direction contained in, a determination which was made by a relevant authority and is final and without appeal.

(4) If, on an appeal against an order of a court enforcing a determination, the appellant satisfies the court that the determination is not final, the court may, on such terms as it may think fit—

(a) set aside the order, or

(b) adjourn the appeal until such time as the determination has become final.

(5) Nothing in subsection (4) shall require the court either to set aside an order of a court enforcing a determination or to adjourn an appeal against such an order in any case where—

(a) the court is satisfied that there is no ground (other than that specified in subsection (3)) on which the order could be set aside, and

(b) the court is not satisfied that the appellant intends to continue with an appeal or application for review in relation to the order which is pending or, as the case may be, to bring any appeal, or make any application, which it is open to him to bring or make in respect of the determination.

Enforcement in other contracting states of determination by court in State.

55. —As respects a determination by a court in the State, the registrar or clerk of the court shall, at the request of an interested party and subject to any rules that may be specified by rules of court, give to the interested party—

(a) a certified copy of the determination,

(b) in the case of a determination made in default of appearance, the original or a copy, certified by the registrar or clerk of the court to be a true copy, of a document establishing that notice of the institution of proceedings was served on the person in default, and

(c) a certificate stating:

(i) the nature of the proceedings,

(ii) the grounds pursuant to section 49 on which the court assumed jurisdiction in the matter,

(iii) the date on which the time for the lodging of an appeal against the determination will expire, or, if it has expired, the date on which it expired,

(iv) whether notice of appeal against or, in a case where the defendant did not appear, a notice to set aside, the determination has been entered,

(v) the rate of interest, if any, payable on so much of the amount specified in the determination as is unpaid and the date from which it is payable,

(vi) such other particulars as may be specified by rules of court.

Keeping of records by aircraft operators.

56. —The company may by regulations made by it under this section—

(a) require the operators of aircraft to keep records of the movements of the aircraft in such form and containing such particulars as may be specified in the regulations,

(b) provide for the production to and the inspection by authorised officers of the company of records kept pursuant to the regulations,

(c) provide that records of the movements of aircraft kept by such persons as may be designated in the regulations shall, until the contrary is proved, be evidence in proceedings in relation to an offence under the Acts, of the matters entered, pursuant to the regulations, in the records, and that documents purporting to be records of the movements of aircraft and to be kept by persons designated for the purpose in the regulations shall, until the contrary is proved, be deemed to be such records and to be so kept.

Parties to Eurocontrol Convention and Multilateral Agreement.

57. —(1) The Minister, after consultation with the Minister for Foreign Affairs, may by order declare that any state specified in the order is a party to the Eurocontrol Convention or the Multilateral Agreement.

(2) An order that is in force under subsection (1) shall be evidence that any state to which such a declaration as aforesaid in the order relates is a party to the Eurocontrol Convention or the Multilateral Agreement, as the case may be.