Air Navigation and Transport Act 2022


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.

(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).

(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.

(4) The Minister shall consult with the Irish Coast Guard and the company before he or she makes regulations under this section.

(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.

(6) In this section ‘EASA Basic Regulation’ has the meaning assigned to it by section 32A(6).”.