The Civil Aviation (Route Charges for Navigation Services) Regulations 1993

Calculation of the charge

8.—(1) For the purposes of regulations 6 and 7 the rate of exchange of the ECU to a national currency shall be–

(a) where the average monthly rate of exchange of the ECU to that national currency is established by the Commission of the European Communities, such rate of exchange, and publication in the Official Journal of the European Communities (Information and Notices) for the month preceding the month during which the flight takes place shall be sufficient evidence of that matter unless the contrary is proved; and

(b) where the average monthly rate of exchange of the ECU to that national currency is not established by the Commission of the European Communities, such rate of exchange as is calculated by reference to the rate of exchange between the ECU and the United States dollar and between the relevant national currency and the United States dollar established by the International Monetary Fund and publication in the International Financial Statistics of the International Monetary Fund for the month preceding the month during which the flight takes place shall be sufficient evidence of that matter unless the contrary is proved; and a document purporting to be the International Financial Statistics published by the International Monetary Fund shall in any proceedings be received in evidence and, unless the contrary is proved, be deemed to be such a document.

(2) (a) Where the average monthly rate of exchange of the ECU to a national currency is established by the Commission of the European Communities, in the event that the Commission of the European Communities does not publish the Official Journal (Information and Notices) for the month preceding the month during which the flight takes place, a certificate given by or on behalf of the Treasury stating the average monthly rate of exchange of the ECU to the relevant national currency for the month preceding the month during which the flight takes place shall be sufficient evidence of that matter unless the contrary is proved; and a document purporting to be such a certificate shall in any proceedings be received in evidence and, unless the contrary is proved, be deemed to be such a certificate.

(b) Where the average monthly rate of exchange of the ECU to a national currency is not established by the Commission of the European Communities, in the event that the International Monetary Fund does not publish the International Financial Statistics for the month during which the flight takes place, a certificate given by or on behalf of the Treasury stating the average monthly rate of exchange between the ECU and the United States dollar and between the relevant national currency and the United States dollar for the month preceding the month during which the flight takes place shall be sufficient evidence of that matter unless the contrary is proved; and a document purporting to be such a certificate shall in any proceedings be received in evidence and, unless the contrary is proved, be deemed to be such a certificate.