Legislator Case Law & Legislation
act_2016_52 MT

ACT No. LII of 2016 AN ACT to amend the Aircraft Registration Act, Cap. 503, and ancillary laws thereto.

23 Articles / Provisions · Malta
Open official source Machine-readable Markdown (.md)

Table of Provisions (23)

Statutory Text (23 Articles)

Malta Government Gazette — Act 2016 52 · Gazzetta tal-Gvern ta’ Malta Nru. 19,687 – 29.11.2016 — ACT No. LII of 2016 AN ACT to amend the Aircraft Registration Act, Cap. 503, and ancillary laws thereto.

I assent.

M ARIE- L OUISE

(L.S.)

C OLEIRO P RECA

President

29th November, 2016

ACT No. LII of 2016

AN ACT to amend the Aircraft Registration Act, Cap. 503, and

ancillary laws thereto.

BE IT ENACTED by the President, by and with the advice and

consent of the House of Representatives, in this present Parliament

assembled, and by the authority of the same as follows:-

Malta Government Gazette — Act 2016 52 · Gazzetta tal-Gvern ta’ Malta Nru. 19,687 – 29.11.2016 — ACT No. LII of 2016 AN ACT to amend the Aircraft Registration Act, Cap. 503, and ancillary laws thereto.

(1) The short title of this Act is the Aircraft Registration

(Amendment) Act, 2016.

(2) Words and phrases used in the different parts of this Act

shall have the same meaning assigned to them as is assigned to them

in the applicable principal Act or the applicable Code or the

Regulations, as the case may be.

PART I

Amendments to the Aircraft Registration Act

Malta Government Gazette — Act 2016 52 · Gazzetta tal-Gvern ta’ Malta Nru. 19,687 – 29.11.2016 — ACT No. LII of 2016 AN ACT to amend the Aircraft Registration Act, Cap. 503, and ancillary laws thereto.

(1) The provisions of this Part amend the Aircraft

Registration Act, and this Part shall be read and construed as one with

the Aircraft Registration Act, hereinafter in this Part referred to as

"the principal Act".

(2) The provisions of this Part shall come into force on such

date as the Minister responsible for aircraft registration may by notice

in the Gazette establish, and different dates may be so established for

different provisions of this Part.

Malta Government Gazette — Act 2016 52 · Gazzetta tal-Gvern ta’ Malta Nru. 19,687 – 29.11.2016 — ACT No. LII of 2016 AN ACT to amend the Aircraft Registration Act, Cap. 503, and ancillary laws thereto.

In the Arrangement of Act of the principal Act, Amendment of

immediately after the reference to the Fourth Schedule there shall be the

Arrangement of

added the following

Act of the

principal Act.

"Fifth Schedule

Aircraft Registration and Other Fees

Part I - Aircraft Registration Fees

Part II - Other Fees

Sixth Schedule

Offences and Administrative Penalties".

Malta Government Gazette — Act 2016 52 · Gazzetta tal-Gvern ta’ Malta Nru. 19,687 – 29.11.2016 — ACT No. LII of 2016 AN ACT to amend the Aircraft Registration Act, Cap. 503, and ancillary laws thereto.

Article 2 of the principal Act shall be amended as follows

Amendment of

article 2 of the

principal Act.

(a)

the present article shall be re-numbered as sub-

article (1) of the said article;

(b)

in sub-article (1) as renumbered

(i) in the definition "aircraft", for the words "by

regulations but shall exclude aircraft used in the military,

customs or police services of any State" there shall be

substituted the words "by regulations, including

airframes with aircraft engines installed thereon, but

shall exclude aircraft used in the military, customs or

police services of any State";

(ii) immediately after the definition "aircraft" there

shall be added the following new definition

" "aircraft engines" means aircraft engines

(other than those used in military, customs or

police services) powered by jet propulsion or

turbine or piston technology and together with all

modules and other installed, incorporated or

attached accessories, parts and equipment and all

data, manuals and records relating thereto without

prejudice to any other thresholds which may be

applicable for the purposes of other parts of this

Act;";

(iii) immediately after the new definition "aircraft

engines" there shall be added the following new

definition

" "airframes” means airframes (other than

those used in military, customs and police services)

that, when appropriate aircraft engines are installed

thereon, are type certified by the competent

aviation authority to transport persons or cargo,

together with all installed, incorporated or attached

accessories, parts and equipment (other than

aircraft engines), and all data, manuals and records

relating thereto, without prejudice to any other

thresholds which may be applicable for the

purposes of other parts of this Act;";

(iv) immediately after the definition "resolution"

there shall be added the following new definition

" "security agreement" means an agreement

by which a debtor grants or agrees to grant to a

creditor an interest (including an ownership

interest or a mortgage) in or over an aircraft to

secure the performance of any existing or future

obligation of the debtor or a third person;"; and

(c)

in sub-article (2) thereof, for the words "Where

words used in this Act are defined in the First Schedule, they

shall apply also to the interpretation of the provisions of this

Act." there shall be substituted the words "Where words used in

this Act are defined in the First Schedule, they shall apply, as

defined, also to the interpretation of the provisions of this Act,

unless defined differently or the context requires otherwise.".

Malta Government Gazette — Act 2016 52 · Gazzetta tal-Gvern ta’ Malta Nru. 19,687 – 29.11.2016 — ACT No. LII of 2016 AN ACT to amend the Aircraft Registration Act, Cap. 503, and ancillary laws thereto.

Article 3 of the principal Act shall be amended as follows

(a)

in sub-article (4) thereof, the words "in the manner

which reflects the ownership interests in the aircraft" shall be

deleted; and

(b)

sub-article (5) thereof shall be deleted.

Malta Government Gazette — Act 2016 52 · Gazzetta tal-Gvern ta’ Malta Nru. 19,687 – 29.11.2016 — ACT No. LII of 2016 AN ACT to amend the Aircraft Registration Act, Cap. 503, and ancillary laws thereto.

Sub-article (2) of article 4 of the principal Act shall be

amended as follows

(a)

in sub-paragraph (ii) of paragraph (a) thereof, for the

words "for use on the aircraft;" there shall be substituted the

words "for use on the aircraft and, when the engines or

replacement engines do not belong to the registrant, the same

details shall be recorded in the National Aircraft Register with

the consent of the owner of the said engines or replacement

engines;";

(b) sub-paragraphs (iv), (v) and (vi) of paragraph (a)

thereof shall be re-numbered as sub-paragraphs (v), (vi) and

(vii) respectively;

(c)

immediately after sub-paragraph (iii) of paragraph

(a) thereof, there shall be added the following new sub-

paragraph

"(iv) the ownership rights in the aircraft or an engine

including when

1. held by a trustee, for a single interest or

more;

2. held by one or more owners;

3. divided into fractional shares or otherwise;

or

4. held under an agreement with reservation

of ownership rights or under conditions affecting

title in terms of article 31.

The information and documents which are to be

provided to the Director General relating to the above

may be prescribed from time to time;";

(d) in paragraph (b) thereof, for the words "if requested

to do so by the registrant or by any other person who, with the

consent of the registrant, demonstrates" there shall be

substituted the words "if required to do so under the applicable

law or if requested to do so by the registrant or by any other

person who demonstrates"; and

(e)

sub-paragraph (i) of paragraph (b) thereof shall be

deleted and sub-paragraphs (ii), (iii), (iv) and (v) shall be

renumbered as sub-paragraphs (i), (ii), (iii) and (iv)

respectively.

Malta Government Gazette — Act 2016 52 · Gazzetta tal-Gvern ta’ Malta Nru. 19,687 – 29.11.2016 — ACT No. LII of 2016 AN ACT to amend the Aircraft Registration Act, Cap. 503, and ancillary laws thereto.

Article 10 of the principal Act shall be amended as Amendment of

article 10 of the

follows

principal Act.

(a)

in sub-article (1) thereof, for the words "in article 9

and the date of issue of such certificate" there shall be

substituted the words "in article 9, the name and address of the

registrant, the name, address and ownership interests or title of

the owner, if different, and the date of issue of such certificate";

(b)

sub-article (2) thereof shall be deleted; and

(c)

sub-articles (3) and (4) thereof shall be re-numbered

as sub-articles (2) and (3) respectively.

Malta Government Gazette — Act 2016 52 · Gazzetta tal-Gvern ta’ Malta Nru. 19,687 – 29.11.2016 — ACT No. LII of 2016 AN ACT to amend the Aircraft Registration Act, Cap. 503, and ancillary laws thereto.

In paragraph (d) of sub-article (1) of article 11 of the

principal Act, for the words "registered mortgage or other security

interest" there shall be substituted the words "registered mortgage, an

international interest or other security interest,".

Malta Government Gazette — Act 2016 52 · Gazzetta tal-Gvern ta’ Malta Nru. 19,687 – 29.11.2016 — ACT No. LII of 2016 AN ACT to amend the Aircraft Registration Act, Cap. 503, and ancillary laws thereto.

Article 13 of the principal Act shall be amended as

follows

(a) in paragraph (a) of sub-article (1) thereof,

immediately after the words "by operation of law" there shall be

added the words "or by other action on the part of the registrant,

the owner of the aircraft or the authority administering the

previous registration";

(b) in the proviso to paragraph (b) of sub-article (1)

thereof, for the words “registered mortgagee or a holder of a

security interest" there shall be substituted the words "registered

mortgagee or the holder of an international interest or a security

interest,";

(c)

in paragraph (c) of sub-article (1) thereof, for the

words "is no longer a qualified person", there shall be

substituted the words "is no longer a qualified person, or is no

longer entitled to operate the aircraft under the temporary title

or for any other reason";

(d) in the second proviso to paragraph (c) of sub-article

(1) thereof

(i) for the words "registered mortgagee or a holder

of a security interest" there shall be substituted the

words "registered mortgagee or the holder of an

international interest or a security interest"; and

(ii) for the words "until such time as the aircraft has

been transferred to a third party which is not a qualified

person in terms of article 6;" there shall be substituted

the following

"until

(i) such time as the aircraft has been

transferred to a third party which is not a qualified

person in terms of article 6, or

(ii) the holder of the international interest

advises the Director General that the registration is

no longer required to protect its interest;";

(e) in sub-article (2) thereof, for the words "shall be acted

upon in all cases" there shall be substituted the words "shall be acted

upon in all cases unless the holder of the irrevocable deregistration

authorisation which has been registered in the National Aircraft

Register or in the International Registry ranks in priority after any

mortgage or any international interest registered in the National

Aircraft Register or in the International Registry respectively, in

which case the provisions of sub-article (4) shall apply";

(f)

in sub-article (4) thereof

(i) for the words "undischarged mortgage" there

shall be substituted the words "undischarged mortgage

or international interest"; and

(ii) for the words "unless all mortgagees of" there

shall be substituted the words "unless all holders of

registered mortgages or registered international interests

over".

Malta Government Gazette — Act 2016 52 · Gazzetta tal-Gvern ta’ Malta Nru. 19,687 – 29.11.2016 — ACT No. LII of 2016 AN ACT to amend the Aircraft Registration Act, Cap. 503, and ancillary laws thereto.

Article 17 of the principal Act shall be substituted by the Substitution of

article 17 of the

following

principal Act.

"17. (1) There shall be charged for the registration of an

aircraft, or of a mortgage over an aircraft and for any other

purpose as may be determined by the Authority the fees as

outlined in the Fifth Schedule.

(2) Without prejudice to the provisions of article 56(2),

the Minister may, with the concurrence of the Minister

responsible for finance, by regulations, amend, add to, vary,

revoke or substitute any schedule, including the Fifth Schedule,

relating to fees or penalties which may be applicable from time

to time.".

Malta Government Gazette — Act 2016 52 · Gazzetta tal-Gvern ta’ Malta Nru. 19,687 – 29.11.2016 — ACT No. LII of 2016 AN ACT to amend the Aircraft Registration Act, Cap. 503, and ancillary laws thereto.

Immediately after sub-article (2) of article 25 of the Amendment of

article 25 of the

principal Act, there shall be added the following new sub-article

principal Act.

"(3) In this Part IV, the expression "claims to which the

aircraft is subject" or "aircraft claims" shall be construed to

refer to debts or other obligations secured by mortgages,

international interests or security interests and claims which

enjoy a special privilege under article 42.".

Malta Government Gazette — Act 2016 52 · Gazzetta tal-Gvern ta’ Malta Nru. 19,687 – 29.11.2016 — ACT No. LII of 2016 AN ACT to amend the Aircraft Registration Act, Cap. 503, and ancillary laws thereto.

In sub-article (3) of article 26 of the principal Act,

immediately after the words "provisions of the First Schedule," there

shall be added the words "and notwithstanding the provisions of

articles 566 to 584 of the Civil Code,".

Malta Government Gazette — Act 2016 52 · Gazzetta tal-Gvern ta’ Malta Nru. 19,687 – 29.11.2016 — ACT No. LII of 2016 AN ACT to amend the Aircraft Registration Act, Cap. 503, and ancillary laws thereto.

Sub-article (5) of article 27 of the principal Act shall be

substituted by the following

"(5) This article shall also apply to any international

interest and, or to any security interest registered in the

International Registry.

(6) The provisions of article 329B of the Companies Act

shall not apply to a Maltese company whose main object or

function is to own, hold, operate, charter, manage or lease any

aircraft or aircraft engine.".

Malta Government Gazette — Act 2016 52 · Gazzetta tal-Gvern ta’ Malta Nru. 19,687 – 29.11.2016 — ACT No. LII of 2016 AN ACT to amend the Aircraft Registration Act, Cap. 503, and ancillary laws thereto.

Immediately after article 27 of the principal Act there shall

be added the following new article

" Insolvency

Malta Government Gazette — Act 2016 52 · Gazzetta tal-Gvern ta’ Malta Nru. 19,687 – 29.11.2016 — ACT No. LII of 2016 AN ACT to amend the Aircraft Registration Act, Cap. 503, and ancillary laws thereto.

(1) The memorandum and articles

proceedings in

of a company, whose centre of main interests is

case of aircraft

in Malta or is registered in Malta and the sole

companies.

asset of which is an aircraft or aircraft engines

and other related assets (in this article referred to

as an "aircraft company"), can specify that the

right to request any insolvency proceedings in

relation to the aircraft company shall be

exercised only by the holders of a mortgage, an

international interest or a security interest, or

trustees or agents for such persons (in this article

referred to as "preferred creditors"), over such

assets, singly or collectively, including as a class

or classes of creditors, to the exclusion of any

other persons for as long as the interest of the

persons so indicated remains in force.

(2) Where, in the case of an aircraft

company, the aircraft is subject to a registered

mortgage, an international interest, a security

interest or other aircraft claims, having priority

under article 25(1), and

(a)

sub-article (1) applies; or

(b) the sums due to the relevant

preferred creditor or creditors under such

rights appear prima facie to exceed the

value of the aircraft,

the court shall, on the demand by application of

the relevant preferred creditor or creditors as

aforesaid

(i) stay

any

insolvency

proceedings which may have been

instituted; and, or

(ii) desist from issuing any

orders relating to insolvency

proceedings,

until the court is satisfied that there exist excess

funds due to the aircraft company from any

enforcement proceedings, in relation to which

orders relating to insolvency proceedings,

including a winding up order, may usefully be

made.

(3) In the event contemplated in sub-

article (2), the preferred creditor making a

demand under the said sub-article shall, on

making the demand and at such times and in the

manner ordered by the court, be bound to

provide the court with all information available

to him relating to any enforcement proceedings

he is involved in or is otherwise aware of, and in

case paragraph (b) of sub-article (2) applies,

information relating to the value of aircraft and

the claim. In such case the court shall await the

outcome of such enforcement proceedings,

whether private or public as the case may be,

after which it shall issue such orders as it

considers appropriate in the circumstances,

including the summary dismissal of any

applications on the basis of the absence of any

assets available to meet any claims other than

those of the preferred creditors.

The court shall not address or reopen issues

already resolved, agreed between the parties or

determined by any court pursuant to the

provisions of this Act, or a foreign court

otherwise having jurisdiction, prior to such

orders being made.

(4) Any person appointed by a court in

Malta or overseas in any insolvency proceedings

shall not in any way interfere with the exercise

of remedies of the mortgagee, the holder of an

international interest, security interest or other

aircraft claims and, to the extent that he has any

powers under applicable law, he shall exercise

them in support of the remedies of such creditors

under this Act. Should any aircraft come under

his control prior to any creditor having a right to

take possession of an aircraft and, or aircraft

engine, in the exercise of his remedies, then such

person must preserve the aircraft and, or aircraft

engine and maintain it and its value in

accordance with the agreements between the

creditor and the debtor and hand over possession

of the aircraft to the person entitled thereto under

the provisions of this Act or any other applicable

law.

(5) Should it result to the court that

(a)

there are no excess funds

resulting

from

any

enforcement

proceedings; or

(b) ranking of creditor proceedings

have taken place, in Malta or overseas,

over the proceeds of sale of the aircraft, the

result of which is final and binding on all

creditors, and there are no excess funds;

and

(c)

there is no other business of the

aircraft company which needs to be wound

up,

it shall not order the winding up of the aircraft

company but shall instead declare the aircraft

company dissolved and wound up for the above

reasons.

The court shall order the aircraft company to

be struck off the register without further

procedures and this shall take place within three

months from the filing with the Registrar of

Companies of authenticated evidence of the

enforcement proceedings, including the sale of

the aircraft or the closure of ranking of creditors,

which evidence together with a copy of any

decrees of the court, shall be filed at the Registry

of Companies for public notice. In such event,

any residual rights of the aircraft company shall

be vested in the shareholders of the company by

operation of law.

(6) Should it result that there are excess

funds due to the company after enforcement

proceedings as aforesaid where the claims of

preferred creditors are dealt with in a final

manner, the court may order the winding up of

the company in accordance with the applicable

law and the commencement among creditors

who are not preferred as aforesaid of the relative

competing claims procedure under Sub-Title III

of Title VIII of Part I of Book Second of the

Code of Organization and Civil Procedure.

(7) Should the right to demand the

winding up of the aircraft company not be vested

under the memorandum and articles of the

aircraft company in any of the persons referred

to in sub-article (1), and any member of the

aircraft company files such demand on the basis

that there are grounds of sufficient gravity to

warrant the dissolution and winding up of the

aircraft company

(a)

the applicant shall, on making

the demand and at such times and in the

manner ordered by the court, be bound to

provide the court with all information

available to him relating to any aircraft

claims over the aircraft and, or any

enforcement proceedings involving the

aircraft company or of which he is

otherwise aware; and

(b) the court shall only issue such

orders as will not hinder any enforcement

proceedings by the said creditors under the

provisions of this Act, unless otherwise

agreed between all parties; and

(c)

if a preferred creditor provides

evidence that sub-article (2)(b) applies, the

court shall act in accordance with sub-

article (2).

(8) In this article

"company" shall include any legal

organisation of any form, whether constituted

under the laws of Malta or of another state and

shall include also a trust being administered by a

trustee holding relevant assets;

"enforcement proceedings" shall include

actions by any mortgagee, the holder of an

international interest, a security interest and, or

aircraft claimants, whether in Malta or overseas,

under article 33, 33A, 33B and 33C of this Act

or any judicial sale proceedings under applicable

law;

"insolvency

proceedings"

means

bankruptcy, liquidation, administration, winding

up, company reconstruction or other collective

judicial or administrative proceedings, including

interim proceedings, in which the assets and

affairs of the debtor are subject to control or

supervision by a court, a liquidator, an

administrator or an insolvency practitioner for

the purposes of reorganisation or liquidation;

"related assets" shall include any proceeds

of sale or insurance or requisition compensation,

and all property referred to in article 25(2).

(9) For the avoidance of doubt, the

provisions of the Companies Act relating to

insolvency shall not apply insofar as inconsistent

with this article, the provisions of this Act and in

particular with the First Schedule of this Act.

(10) Nothing in this article shall restrict or

prejudice the right of any creditor to submit its

claim to the court, in order to ensure that the

claim is considered by the court at the

appropriate time, paying regard to the provisions

of this article.".

15. In sub-article (6) of article 30 of the principal Act, for the Amendment of

words "shall not thereafter record any security interest in the National article

principal Act.

Aircraft Register in accordance with this Part, until the prohibitory

notice is withdrawn by the creditor" there shall be substituted the

words "shall not thereafter record any mortgage or other security

interest in the National Aircraft Register in accordance with this Part,

until the prohibitory notice is withdrawn by the creditor, or unless the

creditor enjoying the benefits of the prohibitory notice grants prior

written consent".

16. Article 31 of the principal Act shall be amended as Amendment of

article 31 of the

follows

principal Act.

(a) in sub-article (3) thereof, immediately after the

words "registration of a mortgage", there shall be added the

words "or at any time after the registration of a mortgage but

only with the written consent of the mortgagee"; and

(b) in sub-article (5) thereof, for the words "The

registration of such a charge or reservation", there shall be

substituted the words "The registration of such a special

privilege, charge or reservation".

17. Article 33 of the principal Act shall be amended as Amendment of

article 33 of the

follows

principal Act.

(a)

sub-articles (4), (5), (6), (7) and (8) thereof shall be

re-numbered as sub-articles (5), (6), (7), (8) and (9)

respectively; and

(b) immediately after sub-article (3) thereof there shall

be added the following new sub-article

"(4) The mortgagee may alternatively apply to the

court for an order authorising or directing any of the acts

referred to in sub-article (1) and may apply to the court

for the judicial sale of the aircraft or engine in which

case sub-articles (5) to (8) shall apply.".

18. Immediately after article 33 of the principal Act there shall Addition of new

articles to the

be added the following new articles

principal Act.

" Further

Malta Government Gazette — Act 2016 52 · Gazzetta tal-Gvern ta’ Malta Nru. 19,687 – 29.11.2016 — ACT No. LII of 2016 AN ACT to amend the Aircraft Registration Act, Cap. 503, and ancillary laws thereto.

(1) Any sum collected or received

remedies of

by the mortgagee as a result of the exercise of

mortgagee.

any of the remedies set out in article 33 and

including sums in reimbursement of any

reasonable costs in the exercise of such remedies,

shall be applied by the mortgagee towards

discharge of the secured obligations, subject to

the satisfaction of any prior rights of creditors

under Part V or Part VII.

(2) Unless otherwise ordered by the court,

in the event that there are excess funds after the

exercise carried out by the mortgagee under sub-

article (1) including any reasonable costs

incurred for such purpose, the mortgagee shall

pay the surplus as follows

(a)

to creditors with subsequently

ranking rights or interests of which the

mortgagee has been given notice, in order

of priority according to applicable law; and

(b) thereafter, pay any remaining

balance to the mortgagor.

(3) In the event of disagreement as to the

ranking between the mortgagee and, or the

creditors having claims against the aircraft or

engine, the mortgagee or any creditor satisfying

the court of its claim on the aircraft or engine, or

proceeds thereof, may apply to the court for the

court to establish the ranking among themselves,

or other preferred creditors who may join the

proceedings within a period established by the

court, for the purposes of this article. Persons

who do not prove to the court that they have a

preferred claim shall not be permitted to

participate in the proceedings at this stage.

(4) The court may order sufficient

security to be provided by the mortgagee over the

proceeds held by the mortgagee, but not in

excess of such proceeds, pending the

determination of the application referred to in the

preceding sub-article.

(5) This article does not apply to the case

of an aircraft being sold through a judicial

auction or a private sale authorised by the court

on the enforcement of a mortgage, international

interest or security interest, but may be applied

with the consent of the court if (a) all the parties

to the proceedings have agreed to its application

or (b) the mortgagee acquires the aircraft in the

judicial auction in set-off, in full or partially, of

its claims.

(6) In carrying out its functions under this

article the mortgagee shall, with respect to funds

held by it, be subject to fiduciary duties in favour

of other creditors participating in the process and

this until the allocation of funds has been agreed

or finally determined by the court, or the

proceeds which are not allocated to its claim are

deposited under authority of the court or such

other person as may be agreed among the parties.

Malta Government Gazette — Act 2016 52 · Gazzetta tal-Gvern ta’ Malta Nru. 19,687 – 29.11.2016 — ACT No. LII of 2016 AN ACT to amend the Aircraft Registration Act, Cap. 503, and ancillary laws thereto.

(1) This article applies at any time

Vesting of

aircraft object in

after a default has occurred and notice in writing

satisfaction by

way of set-off.

thereof has been given to the debtor.

(2) The mortgagee, other preferred

creditors and the mortgagor may agree that

ownership of (or any other interest of the

mortgagor, including any lessor rights) any

aircraft covered by the mortgage shall vest in the

mortgagee in or towards satisfaction of the

secured obligations.

(3) Irrespective of any agreement under

the preceding sub-article, the court may, on the

application of the mortgagee, order that

ownership of (or any other interest of the

mortgagor) any aircraft covered by the mortgage

is to vest in the mortgagee in or towards

satisfaction of the secured obligations.

(4) The court shall grant an application

under the preceding sub-article only if the

amount of the secured obligations, after taking

into account any payment to be made by the

mortgagee to any of the preferred creditors, to be

satisfied by such vesting is more than the value

of the aircraft.

(5) At any time before the sale of the

mortgaged aircraft or the making of an order

under sub-article (3), the mortgagor or any

interested person may discharge the mortgage by

paying in full the amount secured, and any

amount paid by the mortgagee to any of the

preferred creditors, subject to any lease granted

by the mortgagee pursuant to its powers under

article 33(1)(d).

(6) Where, after such default, the payment

of the amount secured, and any amount paid by

the mortgagee to any of the preferred creditors, is

made in full by an interested person other than

the debtor, that person is subrogated to the rights

of the mortgagee.

(7) Ownership or any other interest of the

mortgagor passing on a sale to a third party under

article 33(1)(b) or passing to the mortgagee

under sub-article (2) or (3) of this article shall be

free from any other interest over which the

mortgage has priority under the provisions of this

Act.

(8) The mortgagee may designate a fully

owned subsidiary or a controlled entity in which

the ownership of the aircraft (or any other

interest of the mortgagor) may be vested for the

purposes of this article.

(9) The provisions of articles 358 to 364

of the Code of Organization and Civil Procedure

shall apply to any applications to the court under

sub-article (3), mutatis mutandis.

Malta Government Gazette — Act 2016 52 · Gazzetta tal-Gvern ta’ Malta Nru. 19,687 – 29.11.2016 — ACT No. LII of 2016 AN ACT to amend the Aircraft Registration Act, Cap. 503, and ancillary laws thereto.

(1) The

mortgagor

or

the

Meaning of

default.

mortgagee may at any time agree in writing as to

the events that constitute a default or otherwise

give rise to the rights and remedies specified in

articles 33 to 33B and other provisions of this

Act.

(2) Where the mortgagor and the

mortgagee have not so agreed, "default" for the

purposes of this Act means

(a)

the fulfilment of a condition

under which the dissolution of the

agreement between the mortgagor and the

mortgagee was expressly covenanted or a

failure by a party to perform his

obligations; or

(b) a change in the financial

condition of the mortgagor as provided for

in article 1079 of the Civil Code; or

Cap 16.

(c)

a default which substantially

deprives the mortgagee of what it is entitled

to expect under the agreement between the

mortgagor and the mortgagee.

(3) When a default has taken place and a

notice thereof is given to the mortgagor and any

guarantor, in accordance with this Act or the

agreement between the parties, such notice shall

be valid and binding and all effects at law and

under any agreement between the parties shall

arise without the need of any determination by

any court as to whether a default has occurred or

not, as to whether the benefit of time has been

lost or not and as to whether any rights are

immediately enforceable or not.

(4) Where a mortgagee exercises his

rights in the preceding articles, and in any

valuation for the purpose, he must exercise such

rights in accordance with any agreement between

the parties and in any event in a commercially

reasonable manner and in good faith so as to

ensure fair treatment for the mortgagor.".

19. Immediately after article 37 of the principal Act there shall Addition of new

articles to the

be added the following new articles

principal Act.

" Correction of a

Malta Government Gazette — Act 2016 52 · Gazzetta tal-Gvern ta’ Malta Nru. 19,687 – 29.11.2016 — ACT No. LII of 2016 AN ACT to amend the Aircraft Registration Act, Cap. 503, and ancillary laws thereto.

(1) A correction of an erroneous

mortgage.

indication or omission in a registered mortgage,

including an amendment mortgage, of any one or

more of the particulars specified in sub-article (2)

may be effected by the Director General by

means of a corrective or additional entry in the

National Aircraft Register, on the production of

the following documents

(a)

a declaration signed by the

mortgagee referring to the said mortgage

and indicating the correction to be made;

and

(b) such other evidence as the

Director General may require.

(2) The correction of an erroneous

indication or addition of an omission as referred

to in sub-article (1) may be effected with

reference to the following particulars

(a)

details of the aircraft or aircraft

engine;

(b) the date of any agreement or

document referred to in the said mortgage;

(c) the name and, or address of any

person or organisation referred to in the

said mortgage; or

(d) any other typographical error in

the said mortgage.

(3) The correction of any of the above

particulars in a registered mortgage or the

addition of any omission shall not affect the

validity or priority of the mortgage, or any of the

rights or powers of the mortgagee.

Malta Government Gazette — Act 2016 52 · Gazzetta tal-Gvern ta’ Malta Nru. 19,687 – 29.11.2016 — ACT No. LII of 2016 AN ACT to amend the Aircraft Registration Act, Cap. 503, and ancillary laws thereto.

It shall be lawful to modify the

Modification of

the registered

registered details relating to a mortgage in the

details relating to

a mortgage.

event of a change in the name or the address of

any of the mortgagor or the mortgagee, resulting

from corporate events, including shareholder or

director resolutions, amalgamations, divisions or

similar events. This shall be made by means of a

note submitted by the mortgagee to the Director

General together with any evidence of the change

of name or address. The Director General shall

thereupon make an annotation in the National

Aircraft Register reflecting such modifications.".

20. Article 41 of the principal Act shall be amended as

follows

(a)

in sub-article (4) thereof

(i) for the words "security interest" there shall be

substituted the words "security interest and, or an

international interest";

(ii) for the words "Code of Organization and Civil

Procedure where:" there shall be substituted the words

"Code of Organization and Civil Procedure."; and

(iii) paragraphs (a) and (b) thereof shall be deleted;

(b) sub-article (7) thereof shall be substituted by the

following

"(7) Where the holder of a security interest or of an

international interest registered in accordance with the First

Schedule seeks the support of the court in the course of the

exercise of any remedies competent to him in terms of this Act he

shall do so by virtue of an application filed in the competent

court.".

21. Immediately after article 41 of the principal Act there shall Addition of new

article to the

be added the following new article

principal Act.

" Extension of

Malta Government Gazette — Act 2016 52 · Gazzetta tal-Gvern ta’ Malta Nru. 19,687 – 29.11.2016 — ACT No. LII of 2016 AN ACT to amend the Aircraft Registration Act, Cap. 503, and ancillary laws thereto.

When the proper law of a conditional

rights under

sale or a lease agreement is Maltese law and a

Maltese law.

security interest in relation thereto is registered in

accordance with the First Schedule, for the

purposes of Maltese law, the owner and, or the

lessor shall enjoy the status and powers in

relation to the relevant aircraft as is envisaged in

terms of article 41(3) to (6) without prejudice to

its rights under the First Schedule.".

22. Immediately after sub-article (5) of article 42 of the Amendment of

article 42 of the

principal Act there shall be added the following new sub-article

principal Act.

"(6) The above provisions shall apply to aircraft engines

mutatis mutandis.".

23. Article 44 of the principal Act shall be amended as Amendment of

article 44 of the

follows

principal Act.

(a) in sub-article (3) thereof, for the words "of the

relevant privilege." there shall be substituted the following

"of the relevant privilege, and thereafter shall rank

(a) other overriding non-consensual rights and

interests arising under foreign law which do not have

priority under Chapter X of the First Schedule;

(b) any security interest governed by a foreign law

and recognised in accordance with article 41 which shall

rank after the claims referred to in the preceding articles;

and

(c) general hypothecs and privileges, whether

general or over particular movables, which shall rank

after the debts referred to in the preceding articles."; and

(b) for paragraphs (c) and (d) of sub-article (4) thereof

there shall be substituted the following

"(c) rights referred to in sub-article (3)(a) and (b)

shall rank among themselves equally and shall share in

such fund pro rata up to the amount of their claim and

rights referred to in sub-article (3)(c) shall rank among

themselves according to the provisions of the Civil

Code.".

24. Article 53 of the principal Act shall be deleted.

25. Article 56 of the principal Act shall be amended as

(a) the present article shall be re-numbered as sub-

article (1) thereof;

(b) paragraphs (n) and (o) of sub-article (1) thereof, as

re-numbered, shall be substituted by the following

"(n) the definition of aircraft for the purposes of this

Act and for the purposes of the applicability or

interpretation of any other law;

(o) the requirements for registration, the conditions

for operation and generally the regulation of aircraft

when used for peacekeeping operations or humanitarian

purposes, even if configured as military or state

aircraft;";

(c) immediately after paragraph (o) of sub-article (1)

thereof, as re-numbered, there shall be added the following new

paragraphs

"(p) the registration, operation or any matter related

to unmanned aerial systems, unmanned aerial vehicles,

remotely piloted aerial systems or any other similar

system or vehicle; and

(q) any other matter which may be further regulated

for the better implementation of the provisions of this

Act."; and

(d) immediately after sub-article (1) thereof, as re-

numbered, there shall be added the following new sub-article

"(2) The Minister may by regulations amend any of

the provisions of the Schedules to this Act, other than

the provisions of the First Schedule.".

26. Immediately after article 60 of the principal Act there shall Addition of new

article to the

be added the following new article

principal Act.

" Administrative

Malta Government Gazette — Act 2016 52 · Gazzetta tal-Gvern ta’ Malta Nru. 19,687 – 29.11.2016 — ACT No. LII of 2016 AN ACT to amend the Aircraft Registration Act, Cap. 503, and ancillary laws thereto.

(1) Notwithstanding any other

sanctions.

provision of this Act, the offences listed in the

First Column of the Sixth Schedule shall be

administrative offences punishable by the

Authority.

(2) The imposition by the Authority of an

administrative sanction in terms of this article

shall be without prejudice to any other

consequences of the act or omission of the

offender under civil or administrative law.

(3) The Authority shall observe the

guarantees of fair and public hearing in its

determination as to whether a person is guilty of

an administrative offence in terms of this article.

(4) When the Authority is satisfied that a

person has committed an offence against any

provision of this Act listed in the First Column of

the Sixth Schedule to this Act, the Authority

may -

(a)

issue a warning in writing to

such person; or

(b) impose

an

administrative

penalty on such person up to an amount as

established in the Second Column of the

Sixth Schedule and subject to the

provisions of paragraph 1 of the said

Schedule

Provided that if such person is found guilty

of more than one offence in the same charge, the

Authority shall only impose the payment of the

higher penalty attributed to the offence in the

same charge as listed in the Sixth Schedule

Provided further that the Authority may also

impose a suspended penalty which penalty shall

be paid within such period as the Authority may

establish. The Authority may also determine such

conditions, limitations and restrictions both with

regard to the penalty and the suspended penalty

as it may deem fit.".

27. Immediately after the Fourth Schedule to the principal Act

there shall be added the following new schedules

"Fifth Schedule

(Article 17)

AIRCRAFT REGISTRATION AND OTHER FEES

Part I

Aircraft Registration Fees

1. The following charges are payable to the

Director General for the issue of a Certificate of

Registration in respect of an aircraft

Aircraft in respect of which application is made

Charge

payable

Aeroplanes having an empty weight not

exceeding 150 kg, a wing area of not less than 10

square metres, and a wing loading not exceeding

10kg per square metre at empty weight and

which are designed to carry not more than 2

persons ...............................................................

€60

Any other aircraft whose maximum take-off

mass

does not exceed 750 kg ...............................

€80

exceeds 750 kg but not 2730 kg ..................

€150

exceeds 2730 kg but not 5700 kg ................

€220

exceeds 5700 kg but not 15 tonnes ..............

€300

exceeds 15 tonnes but not 50 tonnes ...........

€450

exceeds 50 tonnes .......................................

€750

2. Upon making an application for a revised Certificate of

Registration, the following charges shall apply

(i) if due to change of address, or other technical details,

a fee of €50;

(ii) if due to change of legal ownership of the aircraft, a

charge equal to the 50% of the fee as would be payable for

the issue of the initial Certificate;

(iii) if for a replacement Certificate of Registration or

aircraft De-registration, the registered owner of the aircraft

shall pay €50.

Part II

Other Fees

3. Upon making an application for the reservation of a

customised out of sequence registration mark a charge of €250,

in addition to the registration fee, shall be payable to the

Director General.

4. Upon the registration of an Irrevocable De-registration and

Export Request Authorisation (I.D.E.R.A.) a charge of €100

shall be payable to the Director General.

5. Upon the registration of a mortgage in terms of the Act, a

charge of €500 shall be payable to the Director General.

6. Upon the registration of an amendment mortgage in terms

of the Act, a charge of €250 shall be payable to the Director

General.

Sixth Schedule

(Article 61)

ADMINISTRATIVE SANCTIONS

First Column

Second Column

Provision

Penalty

€

Article 11(1)(a)

2,000

Article 11(1)(b)

2,000

Article 11(1)(c)

2,000

Article 11(1)(d)

2,000

Article 13(1)(c)

5,000

Article 13(1)(g)

5,000

Article 13(1)(h)

5,000

Article 16(1)

5,000

Article 16(2)(a)

5,000

Article 16(2)(b)

5,000

Article 20(3)

2,500

Article 20(4)

2,500

The Authority may inflict on any person who has violated

any of the provisions listed in the First Column of this Schedule

the corresponding penalty listed in the Second Column of this

Schedule.".

PART II

Amendments to the Code of Organization and Civil Procedure

28. (1) The provisions of this Part amend the Code of

Organization and Civil Procedure, and this Part shall be read and

construed as one with the Code of Organization and Civil Procedure,

hereinafter in this Part referred to as "the Code".

(2) The provisions of this Part shall come into force on such

date as the Minister responsible for Justice, in consultation with the

Minister responsible for aircraft registration, may by notice in the

Gazette establish, and different dates may be so established for

different provisions of this Part.

29. In article 328 of the Code, immediately after the words "or

of ships," there shall be added the words "or of aircraft,".

30. In paragraph (c) of sub-article (1) of article 742E of the

Code, for the words "equivalent international interest" there shall be

substituted the words "international interest registered in terms of the

Aircraft Registration Act".

31. Immediately after article 742F of the Code, there shall be

added the following new articles

" Jurisdiction in

742G. Save as otherwise provided by law,

rem against

the civil courts of Malta shall have jurisdiction in

aircraft engines.

rem over aircraft engines in the following claims

(a)

any claim to the ownership, or

title to or of an aircraft engine, or to the

ownership of any share therein;

(b) any claim for possession of the

aircraft engine;

(c)

any claim in respect of an

international interest in an engine which

international interest is registered or

recognised in terms of the Aircraft

Registration Act;

(d) any claim giving rise to a

special privilege over an engine in terms of

article 42(1) of the Aircraft Registration

Act;

(e)

any claim based on a registered

non-consensual right or interest registered

in the International Registry in terms of the

First Schedule and article 42(2) of the

Aircraft Registration Act.

742H. (1) An action in rem may be

Action in rem in

cases mentioned

brought against the relevant aircraft engine

in article 742G.

before the civil courts of Malta on a claim

mentioned in article 742G when

(a)

the claim arises in connection

with that aircraft engine;

(b) the person who would be liable

on the claim for an action in personam ("the

relevant person") was, when the cause of

action arose, the owner or lessee of, or in

possession or in control of the aircraft

engine, if at the time when the action is

brought the relevant person is either an

owner or beneficial owner of that aircraft

engine or the lessee of that aircraft engine

under a dry lease agreement; and

(c)

the relevant threshold for the

issue of a warrant of arrest of the aircraft or

seizure of an aircraft engine as provided in

article 865E is satisfied.

(2) Notwithstanding the provisions of the

previous sub-article, in the case of a claim in

terms of article 742E(1)(e) in respect of an

aircraft engine, an action in rem may be brought

before the civil courts of Malta against the

aircraft engine only if, at the time when the

action is brought, it is beneficially owned by the

person who would be liable on the claim in an

action in personam.".

32. Article 865A of the Code shall be amended as follows

Amendment of

article 865A of

the Code.

(a)

sub-articles (2) and (3) thereof shall be re-numbered

as sub-articles (3) and (4) respectively;

(b) immediately after sub-article (1) thereof there shall

be added the following new sub-article

"(2) (a)

A precautionary warrant of arrest may

be issued on an aircraft to which an aircraft engine is

attached to secure a debt or claim, whether in personam

or in rem which could be frustrated by the departure of

the said aircraft with the aircraft engine, and for as long

as the aircraft engine is attached to an aircraft no other

warrant may be issued against an aircraft or the aircraft

engine unless it is a warrant of arrest. Such warrant of

arrest may be issued notwithstanding the fact that the

aircraft is owned by a different person than the owner of

the aircraft engine.

(b)

When such a warrant of arrest of an

aircraft is issued in relation to any engine attached to the

aircraft, the person having possession or control of the

aircraft may, without leave of Court, take all such

actions as may be within his powers to remove the

engine from the aircraft so as to be able to continue with

the operations of the aircraft. The person having

possession or control of the aircraft shall be obliged to

place the engine under the authority of the Court

Marshall executing the original warrant and notify the

Authority for Transport in Malta and when such action is

taken the Court shall immediately release the aircraft

from the effects of the warrant, which warrant shall

continue to apply only to the relevant engine without the

need for any other procedure by the claimant.

In the event of any opposition, the Court shall, on

demand, issue all such orders as may be necessary.

(c)

without prejudice to the rights referred

to in the preceding sub-articles, when an aircraft engine

is not attached to an aircraft, a precautionary warrant of

seizure as described in article 846 or, if it is in

possession or under the control of a third party, a

precautionary garnishee order as described in article 849

may be issued in relation to an aircraft engine without in

any way affecting any aircraft to which it may be

connected, commercially, under any contract or in any

register."; and

(c)

immediately after sub-article (4) thereof, as re-

numbered, there shall be added the following new sub-articles

"(5) (a)

A court seized of the proceedings

relating to the issue of a warrant of arrest of an aircraft,

shall also be competent to hear any applications and

issue any orders on the application of the owner of any

engine which may be attached to the aircraft and which

does not belong to the owner of the aircraft.

(b)

The owner of an engine which does not

belong to the owner of the aircraft to which the engines

are attached and which may have been arrested as

aforesaid shall be entitled to intervene in any

proceedings relating to the arrest of the aircraft and

make any applications and submissions to the court

seized of the warrant of arrest in order to protect its

rights and interests relating to the engine.

(c)

Any court receiving any application by

the owner of an engine in terms of this sub-article shall

immediately order its service upon the person having

possession or control of the aircraft and rule on any such

application expeditiously and within a maximum period

of two working days from when any such applications

are made.

(d)

In this sub-article the term "owner" of an

engine shall include any mortgagee or holder of any

international interest or other security interest over the

engine.

(6) (a)

Any court seized of the proceedings

relating to a warrant of arrest, seizure or garnishee

intended to operate in relation to an aircraft engine

which is attached to an aircraft owned by a different

person, shall also be competent to deal with any

applications for the protection of the rights and interests

of the owner of the aircraft.

(b)

The owner of such aircraft shall be

entitled to intervene and make submissions to the court

dealing with a warrant of arrest, seizure or garnishee

intended to operate in relation to an aircraft engine in

order to protect his rights and interests.

(c)

A court shall not consider the inability

of the aircraft to operate without the relevant engine to

be a good and sufficient ground for denying the request

for the issue or for revoking the warrant intended to

operate in relation to an aircraft engine.

(d)

Any court receiving any application by

the owner of an aircraft in terms of this sub-article shall

immediately order its service upon the owner of the

engine and rule on any such application expeditiously

and within a maximum period of two working days from

when any such application is made.".

33. Immediately after sub-article (3) of article 865B of the

Code there shall be added the following new sub-article

"(4) Notwithstanding the provisions of sub-article (1),

where aircraft engines are not owned by the owner of the

aircraft, the effect of the warrant of arrest applies to the engine

only to the extent that the application for the warrant of arrest

expressly states that the warrant is also intended to operate in

relation to the engine and in all other cases it shall be presumed

that if the engines are not owned by the owner of the aircraft,

the warrant is not intended to extend to the engines and the

Authority for Transport or the Court shall act on such

presumption if petitioned by the owner of the engines who also

provides satisfactory evidence of his title to the engines.

In this sub-article the term "owner" of an engine shall

include any mortgagee or holder of any international interest or

other security interest over the engine.".

34. Article 865E of the Code shall be substituted by the

following

"865E. (1) A warrant may be demanded and obtained

before the Court of Magistrates (Malta) or before the Court of

Magistrates (Gozo) in its inferior jurisdiction or before the First

Hall of the Civil Court in security of a debt or any other claim

whatsoever subject to the following limitations

(a) aircraft

(i) in all cases the amount of the claim must

not be for less than seven thousand euro;

(ii) in case of an aircraft being used for public

air transport of passengers or goods

(aa) for aircraft permitted to carry less

than ten passengers, the claim must not be for

less than two hundred and fifty thousand

euro; and

(bb) for aircraft permitted to carry more

than ten passengers the claim must not be for

less than one million euro;

(b) engines

(i) if the engine is not attached to the aircraft

the claim must be for not less than seven thousand

euro;

(ii) if the engine is attached to an aircraft

referred to in paragraph (a)(ii)(aa) the claim must

not be for less than fifty thousand euro;

(iii) if the engine is attached to an aircraft

referred to in paragraph (a)(ii)(bb) and the engine

is not owned by the owner of the aircraft, the claim

must not be for less than one hundred thousand

euro; and

(iv) if the engine is attached to an aircraft

referred to in paragraph (a)(ii)(bb) and the engine

is owned by the owner of the aircraft, the claim

must not be for less than one million euro.

(2) The limitations on the amount of the claim stated in

this article do not apply to

(a) any claims made by holders of a mortgage or an

international interest or a security interest when such

mortgage or interest has been registered or is recognized

under Part IV or in accordance with Part VI of the

Aircraft Registration Act; or

(b) any claims made by holders of an international

interest for the repossession of an aircraft engine when

such interest has been registered in accordance with Part

VI of the Aircraft Registration Act.

(3) In this article reference to the amount of the claim is

a reference to the principal due and no reference shall be made

to any interest accrued or accruing or to other costs.".

35. Article 865F of the Code shall be substituted by the Substitution of

article 865F of

following

the Code.

"865F. The application for the issue of a warrant of arrest

shall, under pain of nullity, state in a clear manner such

particulars as may enable the identification of the aircraft or the

aircraft engine, the name of the authority in whose hands or

under whose power or control the arrested aircraft or aircraft

engine may be, as well as the place where the aircraft or aircraft

engine is to be found.".

36. Article 865G of the Code shall be amended as follows

(a) the present article shall be re-numbered as sub-

article (1) thereof;

(b) in sub-article (1) thereof, as renumbered, for the

words "eleven thousand and six hundred euro" there shall be

substituted the words "the commercial value of a lease which

the aircraft or aircraft engine may attract, notwithstanding that

the aircraft or engine may not have been subject to an actual

lease, and depending on the type, value and operation of the

aircraft, or engine, and which in no case shall be less than

eleven thousand and six hundred euro"; and

(c)

immediately after sub-article (1) thereof, as re-

numbered, there shall be added the following new sub-article

"(2) The Court shall take into consideration only the

daily lease value and no other type of damages.".

37. Immediately after paragraph 12 of Tariff D of Schedule A

to the Code, there shall be added the following new paragraph

"13. Fees for the approval by the Court of sales in

accordance with Sub-Title V of Title VII of Part I of Book

Second (Of Court Approved Sales of Ships, Vessels and

Aircraft) - there shall be paid a registry fee, calculated on the

sale value of the asset being sold

On the first Euro 1,000,000

1%

From Euro 1,000,001 to Euro 5,000,000

0.5%

From Euro 5,000,001 to Euro 10,000,000

0.1%

Above Euro 10,000,000

0.01%

".

PART III

Amendments to the Civil Code

38. (1) The provisions of this Part amend the Civil Code,

and this Part shall be read and construed as one with the Civil Code,

hereinafter in this Part referred to as "the Code".

(2) The provisions of this Part shall come into force on such

date as the Minister responsible for Justice, in consultation with the

Minister responsible for aircraft registration, may by notice in the

Gazette establish, and different dates may be so established for

different provisions of this Part.

39. Immediately after article 1351 of the Code there shall be Addition of new

article to the

added the following new article

Code.

" Ships and

1351A. (1) Notwithstanding any of the

aircraft.

provisions of this sub-title, any agreement

relating to the sale or purchase of ships or

aircraft, including aircraft engines, shall be

governed by

(a)

the terms and conditions agreed

between the parties as well as by the

international usages of trade applicable in

the context, and in case of conflict with the

provisions of this Code, such terms and

conditions shall prevail; and

(b) the special laws relating to

merchant shipping and civil aviation, as the

case may be.

(2) For the purposes of this article and

sub-article (3) of article 1357, the term "ship"

shall have the same meaning as ascribed to it in

the Merchant Shipping Act and the term

"aircraft" shall have the same meaning as

ascribed to it in the Aircraft Registration Act.".

40. Immediately after sub-article (2) of article 1357 of the Amendment of

article 1357 of

Code there shall be added the following new sub-article

the Code.

"(3) A promise of sale or purchase, by whatever name

called, of ships and aircraft, including an aircraft engine, shall

be regulated by the provisions of any agreement between the

vendor and the purchaser in accordance with its terms as well as

by the international usages of trade applicable in the context.

Sub-article (2) shall not apply in such cases and

(a) the effect of such promise shall cease on the

lapse of time or on the events agreed between the parties

for the purpose; and

(b) any notices which may be required to be given

by the parties may be given by notice in writing in any

manner, including by electronic means.".

41. Immediately after sub-article (2) of article 1526 of the

Code there shall be added the following new sub-articles

"(3) The letting of ships and aircraft, including aircraft

engines, shall be regulated by the provisions of any agreement

between the lessor and the lessee in accordance with its terms as

well as by the international usages of trade applicable in the

context.

Notwithstanding any of the provisions of this sub-title, any

agreement relating to the letting of ships or aircraft or aircraft

engines, shall be governed by

(a) the terms and conditions agreed between the

parties, and in case of conflict with the provisions of this

Code, such terms and conditions shall prevail; and

(b) the special laws relating to merchant shipping

and civil aviation, as the case may be.

(4) The requirement in article 1569 for a notice by

judicial act for the cessation of a lease shall not apply and the

termination of the lease shall be regulated by the agreement

between the parties and any notice of termination which may be

required to be given by any parties may be given by notice in

writing in any manner, including by electronic means.

(5) The lease of a ship or an aircraft, including aircraft

engines, or rights thereunder, shall be immediately dissolved or

terminated by the lessor (or mortgagee who shall be deemed to

have such power unless expressly waived) at any time in the

event of a default and upon notice in writing to the lessee,

notwithstanding the opposition by the lessee, and this without

the need of any authorisation or confirmation by any court that

an event of default has taken place.

In such circumstances the lessor may, after notice to the

lessee, take possession of the ship or aircraft, including an

aircraft engine, in accordance with the agreement between the

parties and may ask the Court for an order authorising or

directing these acts, and the Court shall render full support to

the lessor or the mortgagee as expeditiously as possible.

(6) In the event that the lessor terminates the lease

agreement for reasons which are not

(a) contemplated in the agreement, or

(b) generally valid reasons at law,

the lessee may seek damages for breach of the agreement.

(7)

For the purposes of this article

(a) the term "aircraft" shall have the same meaning

as ascribed to it in the Aircraft Registration Act;

(b) the term "default" means

(i) the fulfilment of a condition under which

the dissolution of the lease was expressly

covenanted or a failure by a party to perform his

obligations; or

(ii) a change in the financial condition of the

lessee as stated in article 1079; or

(iii) a default which substantially deprives the

mortgagee of what it is entitled to expect under the

agreement between the mortgagor and the

mortgagee;

(c) the term "lease" of ships and aircraft shall refer

to the chartering thereof under terms where possession

or control is given to the lessee, including bareboat

charters or the equivalent;

(d) the term "mortgagee" shall include a mortgagee

acting in its capacity as security trustee, bond trustee or

by whatever name called;

(e) the term "ship" shall have the same meaning as

ascribed to it in the Merchant Shipping Act; and

(f) the term "writing" shall include any manner

through which words may be represented and read and

includes notices through electronic means.".

PART IV

Amendments to the Financial Institutions Act

42. (1) The provisions of this Part amend the Financial Amendments to

Institutions Act, and this Part shall be read and construed as one with the

Institutions Act.

the Financial Institutions Act, hereinafter in this Part referred to as Cap. 376.

"the principal Act".

(2) The provisions of this Part shall come into force on such

date as the Minister for Finance may by notice in the Gazette

establish, and different dates may be so established for different

provisions of this Part.

43. Immediately after article 3 of the principal Act, there shall

be added the following new article

" Exemption for

3A. (1) Notwithstanding the provisions

financial leasing

of article 3, any entity, whether established or

of ships and

operating in Malta or otherwise, carrying out the

aircraft.

activity, in or from Malta, of financial leasing and

all related transactions involving

(a)

an aircraft registered or to be

registered in the National Aircraft Register

as defined in the Aircraft Registration Act

or registered in any other jurisdiction

whatsoever and any aircraft engine; or

(b) a ship registered or to be

registered in the register as defined in the

Merchant Shipping Act or registered in any

other jurisdiction whatsoever,

shall not require a licence from the competent

authority for the purposes of this Act, where

(i) such entity is owned and

controlled, or is a subsidiary of, or

exclusively funded by; and

(ii) any

relevant

financial

leasing transaction or the relevant

underlying asset, being an aircraft,

an aircraft engine or a ship, is

exclusively financed by -

persons or entities as described in Annex II to

Directive 2014/65/EU of the European

Parliament and of the Council of 15 May 2014 on

markets in financial instruments, or persons or

entities who are recognised as eligible

counterparties in accordance with Article 30 of

such Directive 2014/65/EU

Provided that in the interpretation and

application of paragraphs (i) and (ii), and in order

to ensure compliance with their requirements,

where the ownership of such entity as described

in the said paragraph (i), or of the entity

financing the transaction in the said paragraph

(ii) or its underlying assets, is vested in a trustee,

or is otherwise held by another intermediary on a

fiduciary basis, the criteria described in Annex II

of Directive 2014/65/EU shall apply by reference

to the beneficial interests involved and not to the

said trustee or intermediary.

(2) The provisions of this article shall

only apply to an entity where the business of such

entity is limited to the financial leasing of

aircrafts, aircraft engines or ships as described in

sub-article (1) and to activities that are ancillary

thereto, to the exclusion of other types of assets

and activities otherwise falling within the

purposes of this Act.".

PART V

Amendments to the Interest Rate (Exemption) Regulations

44. (1) The provisions of this Part amend the Interest Rate Amendments to

(Exemption) Regulations, and this Part shall be read and construed as the

(Exemption)

one with the Interest Rate (Exemption) Regulations, hereinafter in Regulations.

this Part referred to as "the Regulations".

(2) The provisions of this Part shall come into force on such

date as the Minister responsible for Justice, in consultation with the

Minister responsible for aircraft registration, may by notice in the

Gazette establish.

45. Paragraph (b) of sub-regulation (1) of regulation 3 of the Amendment of

regulation 3 of

Regulations shall be substituted by the following

the Regulations.

"(b) debts and other obligations which are (i) secured by

a mortgage over, or (ii) due under a lease of a ship or aircraft,

including an aircraft engine, whether registered in Malta or

otherwise and whether governed by Maltese law or otherwise;".

Passed by the House of Representatives at Sitting No. 448 of the

7 th November, 2016.

A NĠLU F ARRUGIA

Speaker

R AYMOND S CICLUNA

Clerk of the House of Representatives

€3.42

Need to analyze how this provision applies to your matter?

Cross-reference this statute against case law, commentaries, and related legislative provisions inside Legislator AI.

Open in Legislator →