ACT No. XXXVII of 2021 AN ACT to amend various laws relating to aircraft registration.

I assent.

(L.S.)

GEORGE VELLA

President

6th July, 2021

ACT No. XXXVII of 2021

AN ACT to amend various laws relating to aircraft registration.

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:-

(1) The short title of this Act is the Various Laws relating to

commencement.

Aircraft Registration (Amendment) Act, 2021.

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

as the Minister may establish by notice in the Gazette, and different

dates may be established for different provisions and for different parts

of the provisions of this Act.

Part I

Amendments to the Aircraft Registration Act

This Part amends the Aircraft Registration Act and it shall be

read and construed as one with the Aircraft Registration Act,

hereinafter in this Part referred to as the "principal Act".

Words and phrases used in this Part of the Act shall have the

same meaning as assigned to them in the Aircraft Registration Act.

In the Arrangement of Act, the words "Second Schedule Form Amendment of

of Irrevocable De-Registration and Export Request Authorisation" the

Arrangement of

s h a l l b e s u b st i t u t e d w i t h t h e wo r d s " S e c o n d Sc h e d u l e T h e Act.

Implementing Law in respect of the procedure for the Recording and

Cancelling of an Irrevocable De-Registration and Export Request

Authorisation and De-registering Aircraft and Exporting Aircraft

Objects under an Irrevocable De-Registration and Export Request

Authorisation".

Sub-article (1) of article 2 of the principal Act shall be Amendment of

article 2 of the

amended as follows

principal Act.

(a) in the definition "aircraft", the words "including

airframes with aircraft engines installed thereon, but shall

exclude aircraft used in the military, customs or police services

of any State" shall be substituted by the words "including

unmanned aircraft whose design is subject to certification under

the EASA Basic Regulation and airframes with aircraft engines

installed thereon, but excluding aircraft used in the military,

customs or police services of any State;";

(b) immediately after the definition "Certificate of

Registration" there shall be added the following new definitions

" "Certified Designee" means any party designated as

a certified designee by the named authorised party under

an irrevocable de-registration and export request

authorisation;

"credit institution" shall have the same meaning as

assigned to it in article 2 of the Banking Act;";

(c) immediately after the definition "the Director

General" there shall be added the following new definition

" "EASA Basic Regulation" means Regulation (EU)

2018/1139 of the European Parliament and of the Council

of 4 July 2018 on common rules in the field of civil

aviation and establishing a European Union Aviation

Safety Agency, and amending Regulations (EC) No. 2111/

2005, (EC) No. 1008/2008, (EU) No. 996/2010, (EU) No.

376/2014 and Directives 2014/30/EU and 2014/53/EU of

the European Parliament and of the Council, and repealing

Regulations (EC) No. 552/2004 and (EC) No. 216/2008 of

the European Parliament and of the Council and Council

Regulation (EEC) No. 3922/91, as amended from time to

time;";

(d) immediately after the definition "lease agreement"

there shall be added the following new definition

" "Malta Aircraft Register" or "National Aircraft

Register" or "register" means the register to be maintained

by the Director General in terms of article 4;";

(e) the definition "Minister" shall be substituted by the

following new definition

" "Minister" means the Minister responsible for civil

aviation and, to the extent of the authority given, any

person authorised in that behalf by such Minister;";

(f) the definition "National Aircraft Register" "or

register" shall be deleted;

(g) in the definition "registrant", the words "National

Aircraft Register" shall be substituted by the words "Malta

Aircraft Register"; and

(h) in the definition "undertaking", the words

"Companies Act." shall be substituted the words "Companies

Act;" and immediately thereafter there shall be added the

following new definition

" "unmanned aircraft" means any aircraft operating

or designed to operate autonomously or to be piloted

remotely without a pilot on board.".

Article 4 of the principal Act shall be amended as follows

(a) in the marginal note thereof, the words "the National

Aircraft Register" shall be substituted by the words "the Malta

Aircraft Register";

(b) in sub-articles (1), (2), (3) and (4) thereof, the words

"the National Aircraft Register", wherever they occur, shall be

substituted by the words "the Malta Aircraft Register";

(c) paragraph (a) of sub-article (2) thereof shall be

amended as follows

(i) sub-paragraph (iii) thereof shall be substituted

the following new sub-paragraph

"(iii) full name, address, email address and

telephone number of the natural or legal persons

under whose name the aircraft is registered, and in

what capacity the registrant has registered the aircraft

in terms of article 5;";

(ii) sub-paragraphs (v), (vi) and (vii) thereof shall

be renumbered as sub-paragraphs (vi), (vii) and (viii)

respectively;

(iii) immediately after sub-paragraph (iv) thereof

there shall be added the following new sub-paragraph

"(v) full name, address, email address and

telephone number of the natural or legal persons

having ownership rights on the aircraft;";

(iv)

sub-paragraph (vii) thereof as renumbered

shall be substituted by the following new sub-paragraph

"(vii) the details of any irrevocable de-

registration and export request authorisation,

pursuant to article 2 of the Second Schedule, or any

other power of attorney, irrevocable or otherwise, in

a separate document or as part of an agreement

between the parties granted to an owner or to a lessor

of an aircraft or granted by way of security to the

mortgagee, or to a third party for the benefit of any

such person, granting powers relating to the exercise

of rights relating to the aircraft, or to the closure of

the register on behalf of the registrant and, in the

event that a mandate or power of attorney is granted

for a stated period of time after which it shall lapse,

such date shall also be recorded in the register and

the registration of the mandate shall have no effect

after such date. Only one irrevocable de-registration

and export request authorisation or only one power of

attorney shall be recorded in the register and such

irrevocable de-registration and export request

authorisation or such power of attorney shall only be

issued by the registrant of the aircraft. Furthermore,

any Certified Designee under any irrevocable de-

registration and export request authorisation or any

delegate under any power of attorney shall also be

recorded in the register. Provided that any

irrevocable de-registration and export request

authorisation or power of attorney issued by any

person other than the registrant and recorded in the

register prior to the coming into force of this proviso

shall remain valid, binding and duly enforceable;"

and

(v) immediately after sub-paragraph (viii) thereof

as renumbered, there shall be added the following new sub-

paragraph

"(ix) the details of any international interests

registered on the aircraft in the International

Registry, and subsequently all transactions relating to

such international interests;".

In sub-article (1) of article 5 of the principal Act, the words

"National Aircraft Register" shall be substituted by the words "Malta

Aircraft Register".

Sub-article (1) of article 6 of the principal Act shall be

amended as follows

(a) the words "National Aircraft Register" shall be

substituted by the words "Malta Aircraft Register"; and

(b) in paragraph (c) thereof, the words "or Switzerland,

whereof not less than fifty per cent of the undertaking is owned

and" shall be substituted by the words "or Switzerland, and if

conducting air services then not less than fifty per cent (50%) of

the undertaking must be owned and".

In the marginal note of article 9 of the principal Act, the

words "National Aircraft Register" shall be substituted by the words

"Malta Aircraft Register".

Article 10 of the principal Act shall be amended as follows

(a) in sub-article (1) thereof, the words "and shall

include the particulars referred to in article 9," shall be

substituted by the words "and shall include the particulars

referred to in article 9 (a), (b), (c) and (d),";

(b) in sub-article (2) thereof, the words "A certificate of

registration shall be issued" shall be substituted by the words "A

certificate of registration may be issued";

(c) sub-article (3) thereof shall be renumbered as sub-

article (8) and immediately after sub-article (2) there shall be

added the following new sub-articles

"(3) The Director General may, at his sole discretion

in order to facilitate the registration of aircraft in

appropriate circumstances, proceed to issue a certificate

of registration upon exempting the aircraft from bearing

the registration marks and, or affixing the fire proof plate

as outlined in Part B of the Fourth Schedule.

(4) The Director General may from time to time

issue guidelines in order to determine any exemptions

which may be granted in relation to the issue of a

certificate of registration for any aircraft registered under

this Act. Any such guidelines shall determine

(a) the basis on which and under what

conditions any such exemptions may be granted;

and

(b) when any certificate of registration so

issued shall be subject to the condition that the

aircraft shall not be operated, generally or for a

specific flight.

(5) Any conditions imposed for any exemption

issued pursuant to sub-article (3) or any guidelines issued

under sub-article (4) shall be recorded in the Malta

Aircraft Register and once these conditions have been

satisfied, they shall be removed accordingly.

(6) Notwithstanding the above

(a) the Director General shall at all times

before the issuance of the certificate of registration

have received at least

(i) evidence of title of the owner of

the aircraft; and

(ii) evidence that the aircraft has been

de-registered from the previous registry,

showing the registered encumbrances, if any;

(b) in facilitating the registration of such an

aircraft in appropriate circumstances, as outlined

above, the Director General shall at all times ensure

compliance with any regulations or directives or

under acts adopted by the European Union or

international conventions, relating to the safety of

the operation or the airworthiness of that aircraft.

(7) The Director General may suspend or revoke any

exemption issued and/or granted under this Act on

sufficient ground or evidence of breach of any conditions

subject to which the exemption is issued or granted and if

ordered by the Minister the Director shall proceed

accordingly.".

Article 12 of the principal Act shall be amended as follows

(a) wherever they occur and in the marginal note thereof,

the words "the National Aircraft Register" shall be substituted by

the words "the Malta Aircraft Register"; and

(b) the first proviso thereof shall be substituted by the

following new proviso

"Provided that where there is registered in the

Malta Aircraft Register an aircraft mortgage or an

irrevocable de-registration and export request authorization

the Director General shall provide the mortgagee or the

authorized party or the Certified Designee with fifteen

days’ notice of his intent and receive representations from

the mortgagee or the authorized party or the Certified

Designee. The Director General shall act in such a manner

as to protect the status of the mortgage or the irrevocable

de-registration and export request authorization and the

rights of the mortgagee or the authorized party or the

Certified Designee:".

Article 13 of the principal Act shall be amended as follows

(a)

sub-article (1) thereof shall be amended as follows

(i) in paragraph (g) thereof, the words "complied

with; or" shall be substituted by the words "complied

with;";

(ii) in paragraph (h) thereof, the words "or exhaust

gas emissions." shall be substituted by the words "or

exhaust gas emissions; or" and immediately thereafter

there shall be added the following new paragraph

"(i) it appears to the Director General that the

aircraft is not compliant with any applicable

requirements under this Act and/or under guidelines

or exemptions as may be prescribed by the Director

General and such non-compliance has not been

remedied within the time-frames imposed by the

Director General.";

(b) sub-article (2) thereof shall be substituted by the

following new sub-article

"(2) Where a request for cancellation of the

registration of an aircraft is made by an authorised person

or his delegate in writing or his Certified Designee,

pursuant to a registered irrevocable de-registration and

export request authorisation or power of attorney,

registered in the Malta Aircraft Register or in the

International Registry, in accordance with the forms and

procedures outlined in the Second Schedule, such request

shall be acted upon in all cases by the Director General

unless any international interest registered in the

International Registry, ranks in priority thereto in which

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

(c) sub-article (4) thereof shall be substituted by the

following new sub-article

"(4) The registration of an aircraft which is the

subject of an undischarged mortgage or an international

interest or a registered irrevocable de-registration and

export request authorisation or a registered power of

attorney shall not be cancelled on the basis of any of the

events referred to in sub-article (1) and, nor shall the

Director General cancel the registration of such an aircraft

pursuant to this article unless all holders of registered

mortgages or a registered irrevocable de-registration and

export request authorisation or registered international

interests or registered power of attorney over that aircraft

have consented to the cancellation

Provided that the Director General shall cancel

the registration of such an aircraft where such a request for

cancellation is made by an authorised person or his

delegate in writing or his Certified Designee, pursuant to a

registered irrevocable de-registration and export request

authorisation or power of attorney, registered in the Malta

Aircraft Register or in the International Registry as long as

the holder of such registered irrevocable de-registration

and export request authorisation or his delegate or

Certified Designee or power of attorney has certified in

accordance with the Second Schedule, and has submitted

supporting documents to the satisfaction of the Director

General, that all registered international interests ranking

in priority to that of the holder of a registered irrevocable

de-registration and export request authorisation or his

delegate or Certified Designee or power of attorney have

been discharged or that the holders of such interests have

consented to the de-registration and export of the aircraft

or of any related engine as specified in the Second

Schedule

Provided further that should there be a

registered mortgage registered prior to the effective date

then the Director General shall cancel the registration of

such an aircraft if the holder of such registered mortgage

discharges the mortgage or else has so consented to the de-

registration and export of the aircraft or of any related

engine

Provided further that in the case referred to in

sub-article (1)(e), the Minister may order that an aircraft

registration be cancelled even without the consent of any

mortgagee or the holder of an international interest or the

holder of a registered irrevocable de-registration and

export request authorisation or his delegate or Certified

Designee provided that the provisions of the following sub-

articles shall apply prior to the cancellation taking place.";

(d) sub-article (5) thereof shall substituted by the

following new sub-article

"(5) In the case referred to in sub-article (1)(e)

above, the Director General shall give all registrants, any

mortgagees, any holders of any international interests and

any authorised person or his delegate or Certified Designee

under an irrevocable de-registration authorisation and

export request authorisation at least fifteen working days’

notice of any intent to close the register, in terms of this

article, unless the cause for such closure is remedied within

such time or such longer period expressly stated in the

notice. The Director General shall specify in the notice the

reason for the proposed closure and the expiry date for the

issue to be addressed, failing which closure will be

effected."; and

(e) in sub-article (6) thereof, the words "The registrant

and any mortgagees" shall be substituted by the words "The

registrant, any mortgagees, any holders of any international

interests and any authorised person or his delegate or Certified

Designee under an irrevocable de-registration authorisation and

export request authorisation".

Article 14 of the principal Act shall be amended as follows

Amendment of

article 14 of the

principal Act.

(a)

the words "other holders of any security interest:"

shall be substituted by the words "other holders of any security

interest, including the holder of any international interest or any

authorised persons or Certified Designees under any irrevocable

de-registration and export request authorisation:"; and

(b)

the proviso thereof shall be substituted by the

following new proviso

"Provided that the Director General may,

without prejudice to rights of the mortgagee or the rights of

the holder of any international interest or any authorised

persons or Certified Designees under any irrevocable de-

registration and export request authorisation, communicate

independently with the mortgagee or holder of any security

interest or the holder of any international interest including

any authorised persons or Certified Designees under any

irrevocable

de-registration

and

export

request

authorisation, to take all action as is necessary, including

extending the validity of the registration beyond the stated

deadline, for the orderly closure of the registry and

enforcement of the mortgage or other security interest or

international interest including enforcement of any

irrevocable de-registration and export request authorisation

as well as to ensure the safe operation of the aircraft.".

In sub-articles (1), (2) and (3) of article 15 of the principal Act Amendment of

and in the marginal note thereof, the words "the National Aircraft article

principal Act.

Register", wherever they occur, shall be substituted by the words "the

Malta Aircraft Register".

In the proviso to sub-article (3) of article 23 of the principal Amendment of

Act, the words "National Aircraft Register" shall be substituted by the article

principal Act.

words "Malta Aircraft Register".

Article 25 of the principal Act shall be amended as follows

Amendment of

article 25 of the

principal Act.

(a) sub-article (2) thereof shall be substituted by the

following new sub-article

"(2) For the purposes of this Part, an aircraft shall

comprise

(a) all data, manuals and technical records;

and

(b) the airframe, all equipment, machinery

and other appurtenances as accessories belonging

to the aircraft, which are on board or which have

been temporarily removed therefrom; and

(c) any engines owned by the owner of the

aircraft whether attached to the aircraft or not, as

well as any replacement engines which are

designated for use on the aircraft and owned by the

owner of the aircraft but temporarily not attached

to the aircraft."; and

(b) paragraphs (a), (b) and (c) of sub-article (3) thereof

shall be deleted.

In the second paragraph of sub-article (4) of article 26 of the

principal Act, the words "National Aircraft Register" shall be

substituted by the words "Malta Aircraft Register".

In sub-article (6) of article 27A of the principal Act,

immediately after the words "under Sub-Title III of Title VIII of Part I

of Book Second of the Code of Organization and Civil Procedure.",

there shall be added the following words

"A Maltese company who is or was in possession of

an Air Operator’s Licence as issued by the Director

General will be deemed to be a company whose main

object or function is to own, hold, operate, charter,

manage or lease any aircraft or aircraft engine and

therefore the provisions of article 329B of the Companies

Act shall automatically not apply to such company.".

In sub-article (7) of article 29 of the principal Act, the words

"National Aircraft Register" shall be substituted by the words "Malta

Aircraft Register".

in sub-articles (1), (3), (4), (5) and (6) of article 30 of the

principal Act, the words "the National Aircraft Register", wherever

they occur, shall be substituted by the words "the Malta Aircraft

Register

In sub-articles (1) and (6) of article 31 of the principal Act,

the words "the National Aircraft Register", wherever they occur, shall

be substituted by the words "the Malta Aircraft Register".

In sub-article (1) of article 32 of the principal Act, the words

"National Aircraft Register" shall be substituted by the words "Malta

Aircraft Register".

Article 33 of the principal Act shall be amended as follows

Amendment of

article 33 of the

principal Act.

(a) in sub-article (6) thereof, the words "as well as

mortgages which secure future debts" shall be substituted by the

words "as well as mortgages which secure future obligations";

and

(b) in paragraph (b) of sub-article (7) thereof, the words

"the mortgage secures a future debt within" shall be substituted

by the words "the mortgage secures a future obligation within".

In sub-article (2) of article 34 of the principal Act, the words Amendment of

"National Aircraft Register" shall be substituted by the words "Malta article

34 of the

principal Act.

Aircraft Register".

In sub-article (2) of article 36 of the principal Act, the words Amendment of

"National Aircraft Register" shall be substituted by the words "Malta article

36 of the

principal Act.

Aircraft Register".

In sub-articles (1), (3) and (5) of article 37 of the principal Amendment of

Act, the words "the National Aircraft Register", wherever they occur, article

37 of the

principal Act.

shall be substituted by the words "the Malta Aircraft Register".

In sub-article (1) of article 37A of the principal Act, the words Amendment of

"National Aircraft Register" shall be substituted by the words "Malta article

37A of

the principal

Aircraft Register".

Act.

In article 37B of the principal Act, the words "National Amendment of

Aircraft Register" shall be substituted by the words "Malta Aircraft article

37B of

the principal

Register".

Act.

In article 38 of the principal Act, the words "National Aircraft Amendment of

Register" shall be substituted by the words "Malta Aircraft Register". article

38 of the

principal Act.

In sub-articles (2) and (4) of article 40 of the principal Act, Amendment of

the words "the National Aircraft Register", wherever they occur, shall article

40 of the

principal Act.

be substituted by the words "the Malta Aircraft Register".

In sub-article (2) of article 41 of the principal Act, the words Amendment of

"National Aircraft Register" shall be substituted by the words "Malta article

41 of the

principal Act.

Aircraft Register".

The Second Schedule to the principal Act shall be substituted Substitution of

the Second

by the following new Schedule

Schedule to the

principal Act.

"SECOND SCHEDULE

(articles 4, 13)

THE PROCEDURES AND FORMS APPLICABLE FOR THE

RECORDING AND CANCELLING OF AN IRREVOCABLE DE-

REGISTRATION AND EXPORT REQUEST AUTHORISATION

AIRCRAFT OBJECTS UNDER AN IRREVOCABLE DE-

REGISTRATION AND EXPORT REQUEST AUTHORISATION

Malta has promulgated the following implementing legislation

("this Schedule") relating to the procedures for recording and

cancelling an Irrevocable De-registration and Export Request

Authorisation and the De-Registration of an Aircraft and Exporting

Aircraft Objects under an Irrevocable De-registration and Export

Request Authorisation.

Article 1

Definitions

In this Schedule, references to "this Act" are references to the

principal Act to which this Schedule is annexed and except where the

context otherwise requires, the following terms are employed with the

meanings set out below

(a) "Aircraft" means aircraft as defined for the purposes

of the Chicago Convention which are either airframes with

aircraft engines installed thereon or helicopters and duly

registered or intended to be registered in the National Aircraft

Register and to which the Treaty applies;

(b) "Applicant" means an entity or person that has

applied or is applying for the registration of an Aircraft in the

National Aircraft Register;

(c) "Authorised Party" means an entity or person in

favour of whom an IDERA has been issued;

(d) "Certified Designee" means an entity or person

named in a Designation as the certified designee under an

IDERA;

(e) "Convention" means the Convention on International

Interests in Mobile Equipment, 2001;

(f) "Declarations" means the declarations lodged by the

state of Malta in connection with its accession to the Convention

and Protocol;

(g) "De-Registration" means the deletion or removal of

the registration of an Aircraft from the Registry and promptly

providing documentary evidence of such De-Registration to the

Authorised Party or Certified Designee, as applicable;

(h) "Designation" means a designation in the form of

Annex 2;

(i) "Export" means the export and physical transfer of an

Aircraft from the territory of Malta;

(j) "IDERA" means an Irrevocable De-Registration and

Export Request Authorisation in the form of Annex 1;

(k) "Officer" of an entity means the person who is duly

authorised to represent such entity or whose signing authority is

acceptable to the Director General;

(l) "Protocol" means the Protocol to the Convention on

International Interests in Mobile Equipment on Matters Specific

to Aircraft Equipment, 2001;

(m) "Record" means evidencing a document in

permanent form for authoritative reproduction in the future and

retaining that evidence in the registration file for an Aircraft to

which the document relates;

(n) "National Aircraft Register" or "register" or "Malta

Aircraft Register" means the National Aircraft Register of Malta;

(o) "Registry Authority" means the Authority for

Transport in Malta established under the Authority for Transport

in Malta Act;

(p) "Related Engine" means an engine to which the

Treaty applies and which is identified by manufacturer’s serial

number in an IDERA;

(q)

"Request" means a request in the form of Annex 3;

(r) "Revocation" means a revocation of an IDERA or

Designation, as the case may be, in the form of Annex 4;

(s) "Signature Authorisation" a document legally

authorising execution of a document contemplated by this

Schedule, including without restriction, a power of attorney

signed by an Officer; and

(t) "Treaty" means the Convention, as modified by the

Protocol and including the declarations.

Article 2

IDERA Recordation

1. The Registry Authority will accept and Record an IDERA if

that IDERA

(a) is submitted in writing to the Registry Authority

substantially in the form of Annex 1;

(b) identifies an Aircraft registered or to be registered in

the Registry; and

(c) is signed in accordance with the requirements of

Annex 5 (i) by an Applicant, or if an Applicant is not a natural

person, an Officer of an Applicant, or (ii) under a Signature

Authorisation.

2. Two copies of an IDERA are to be submitted to the Registry

Authority and the Registry Authority will acknowledge receipt of that

IDERA by executing one such copy and returning it.

3. The Registry Authority will (a) Record an IDERA submitted

in accordance with Article 2(1) within two working days of receipt, (b)

promptly confirm that Recordation is complete, and (c) issue a

declaration stating that pursuant to the Recordation of the IDERA the

Registry Authority undertakes not to deregister the aircraft, unless

consented to by the Authorised Party.

4. The Registry Authority will neither Record nor give effect to

an IDERA for an Aircraft if that Aircraft has not yet been registered in

the Registry or if another Recorded IDERA for that Aircraft has not

been revoked.

5. If an IDERA is Recorded, an Authorised Party, or if a

Designation is also Recorded, its Certified Designee shall be the sole

person authorised to deliver a Request and exercise the remedies

specified in the Protocol and/or in the First Schedule to the Act and/or

in the Act pursuant to such IDERA.

Article 3

Certified Designee

1. The Registry Authority will record a Designation if

(a) it is submitted in writing to the Registry Authority

substantially in the form of Annex 2;

(b) it identifies a Recorded IDERA or an IDERA

submitted with that Designation;

(c) no other Designation is Recorded for the relevant

IDERA, other than a Designation which has been revoked;

(d) it is signed in accordance with Annex 5 (i) by the

Authorised Party, or, if the Authorised Party is not a natural

person, an Officer of the Authorised Party, or (ii) by the

foregoing under a Signature Authorisation.

2. Two copies of a Designation are to be submitted to the

Registry Authority and the Registry Authority will acknowledge

receipt of that Designation by returning one copy, indicating in writing

that it was "received".

3. The Registry Authority will (a) Record a Designation

submitted in accordance with Article 3(1) within two working days,

(b) promptly confirm that Recordation is complete, and (c) issue a

declaration stating that the pursuant to the Recordation of the IDERA

the Registry Authority undertake not to deregister the above captioned

aircraft, unless consented to by the Certified Designee.

Article 4

Cancellation of an IDERA or Designation

1. An IDERA or Designation shall be revoked and be of no

further effect if a Revocation

(a) is submitted in writing to the Registry Authority

substantially in the form of Annex 4;

(b) identifies a Recorded IDERA or Designation, as the

case may be; and

(c) is signed in accordance with Annex 5 (i) in the case

of an IDERA, by an Authorised Party, or, in the case of a

Designation, by the Certified Designee and (ii) if the signatory to

the Revocation is not a natural person, by an Officer of the

foregoing or by the foregoing under a Signature Authorisation.

2. An Applicant shall have no power to issue a Revocation or

otherwise revoke an IDERA or Designation.

3. Two copies of a Revocation are to be submitted to the

Registry Authority and the Registry Authority will acknowledge

receipt of that Revocation by returning one copy, indicating in writing

that it was ‘received’.

4. The Registry Authority will (a) Record a Revocation in

accordance with Article 4(1) within two working days, and (b)

promptly confirm that Recordation is complete.

5. Upon Revocation

(a) The Registry Authority will not accept a Request or

take any other action relating to an IDERA that has been revoked

in accordance with Article 4(1);

(b) The Registry Authority will not accept a Request

from a Certified Designee or take any other action on request of

a Certified Designee under an IDERA if the Designation of that

Certified Designee has been revoked in accordance with Article

4(1);

(c) The validity of an IDERA shall not be affected by

revocation of a related Designation.

Article 5

Deregistration and Export

1. A Request will be accepted by the Registry Authority if that

Request

(a) is submitted in writing substantially in the form of

Annex 3;

(b)

identifies an IDERA Recorded in the Registry; and

(c) is signed in accordance with Annex 5 (i) by an

Authorised Party or a Certified Designee, or, if the Authorised

Party or Certified Designee is not a natural person, by an Officer

thereof, or (b) by the foregoing under a Signature Authorisation.

2. The Registry Authority will honour each Request submitted in

accordance with Article 5(1)

(a) to the extent so requested, by (i) effecting the De-

registration of the Aircraft, and (ii) taking all action within its

power to effect or facilitate the Export of the Aircraft and any

Related Engines

(I) expeditiously, and, in any case, no later than

five working days following receipt of the Request;

(II) without (i) the consent or approval of the

Applicant or any other person or entity, (ii) any court or

administrative or other order or decision of any kind, (iii)

any need for the Registry Authority to investigate external

facts, or (iv) imposing any additional requirements; and

(III) regardless of whether the Authorised Party or

its Certified Designee is in possession of the Aircraft or

Related Engine and notwithstanding that a Related Engine

is not installed on the Aircraft;

(b) in the context of Export remedies only, subject to

applicable aviation safety laws and regulations. For the purposes

of this regulation, "applicable aviation safety laws and

regulations"

(i) do not include any requirement (I) for the

issuance of an export certificate of airworthiness, or (II)

without limiting Article 5(3), for any documents in the

possession of, or any action by, an operator of an aircraft.

3. A Request will have the following additional effects

(a) to the extent within its reasonable control, the

Authorised Party is responsible, promptly following but not as a

condition to the De-registration and Export of the Aircraft, for

(i) removing or covering the Registry’s nationality

marks on the Aircraft and removing the fireproof plate;

(ii) returning to the Registry Authority the original

(I) certificate of registration for the Aircraft, and (II)

certificate of airworthiness for the Aircraft; and

(iii) changing any electronic or radio transmitting

aircraft identifications so that it no longer indicates that

such aircraft is registered in Malta.

4. Upon notice to the Applicant, the Aircraft may not be

operated unless and until it is re-registered and can be lawfully

operated under applicable airworthiness rules.

5. A Request with respect to an Aircraft will be honoured under

Article 5(1) and 5(2) without regard to the identity of the engines and

other equipment then installed on that Aircraft.

6. Export remedies under Article 5(1) and 5(2) will be made

available for any Related Engines which are not then installed on the

Aircraft.

7. Without limiting the Registry Authority’s authority to De-

Register aircraft under applicable law, an Aircraft for which there is a

Recorded IDERA may not be De-Registered on the request of the

Applicant, unless that IDERA is the subject of a Revocation.

Article 6

Assignments

1. Rights under the documents set out in this regulation may not

be assigned except with the express consent of the Registry Authority.

Annex 1

IDERA

[Insert Date]

To: Authority for Transport in Malta

Director General for Civil Aviation

National Aircraft Register

Re: Irrevocable De-Registration and Export Request Authorisation

The undersigned is the registered [operator][owner] of the [insert

the airframe/helicopter manufacturer name and model number] bearing

manufacturer’s serial number [insert manufacturer’s serial number]

and registration number [number][mark] [insert registration number/

mark], with the following Related Engines [insert description of

engines, by model and manufacturer’s serial number] (together with all

installed, incorporated or attached accessories, parts and equipment,

the "Aircraft").

This instrument is an irrevocable de-registration and export request

authorisation issued by way of security by the undersigned in favour of

[insert name and address of creditor] (the "Authorised Party") under

the authority of (1) Article 25 of the First Schedule relating to the

ratification by Malta of the Convention on International Interests in

Mobile Equipment and the Protocol thereto on Matters Specific to

Aircraft Equipment (the latter instrument, the "Protocol"), and (2)

Article XIII of the Protocol. In accordance with these Articles, the

undersigned hereby requests

(a) recognition that the Authorised Party or the person it

certifies as its designee is the sole person entitled to

(i) procure the de-registration of the aircraft from

the National Aircraft Register of Malta maintained by

Authority for Transport in Malta for the purposes of

Chapter III of the Convention on International Civil

Aviation, signed at Chicago, on 7 December 1944, and

(ii) procure the export and physical transfer of the

aircraft; and

(b) confirmation that the Authorised Party or the person

it certifies as its designee (the "Certified Designee") may take

action specified in clause (i) above on written demand without

the consent of the undersigned and that, upon such demand, the

authorities in Malta shall co-operate with the Authorised Party

with a view to speedy completion of such action.

The rights in favour of the Authorised Party established by this

instrument may not be revoked by the undersigned without the written

consent of the Authorised Party. The undersigned hereby authorizes

the Authorised Party to delegate the rights established by this

instrument to any third party who will be referred to as the certified

designee.

Please acknowledge your agreement to this request and its terms by

appropriate notation in the space provided below and lodging this

instrument in National Aircraft Register.

[Name of operator/owner]

By: [insert name of signatory]

Its: [insert title of signatory]

Agreed to and lodged this [insert date].

Annex 2

Designation

[Insert Date]

To: Authority for Transport in Malta

Director General for Civil Aviation

National Aircraft Register

Re: Designation Under Irrevocable De-Registration and Export

Request Authorisation, dated [insert date of IDERA] by [insert name

of operator/owner] for the [insert the airframe/helicopter manufacturer

name and model number] bearing manufacturer’s serial number [insert

m a n u f a c t u r e r ’s s e r i a l n u m b e r ] a n d r e g i s t r a t i o n n u m b e r

[number][mark][insert registration number/mark] (the "IDERA")

The undersigned is the Authorised Party (this and all other terms

used in this Designation have the meanings given in the IDERA) under

the IDERA.

Under Article 3(2) of the Second Schedule to the Aircraft

Registration Act the undersigned hereby designates [insert name of

Certified Designee] as the "Certified Designee" for all purposes of

[describe regulation], effective immediately and until this Designation

is revoked under Article 4(1) of the Second Schedule to the Aircraft

Registration Act.

[Insert name of Authorised Party]

By: [insert name of signatory]

Its: [insert title of signatory]

Agreed to and lodged this [insert date].

Annex 3

Request

[Insert Date]

To: Authority for Transport in Malta

Director General for Civil Aviation

National Aircraft Register

Re: Irrevocable De-Registration and Export Request Authorisation,

dated [insert date of IDERA] by [insert name of operator/owner] for

the [insert the airframe/helicopter manufacturer name and model

number] bearing manufacturer’s serial number [insert manufacturer’s

serial number] and registration number [number][mark] [insert

registration number/mark] (the "IDERA")

Aircraft: [insert the airframe/helicopter manufacturer name and

model number] bearing manufacturer ’s serial number [insert

m a n u f a c t u r e r ’s s e r i a l n u m b e r ] a n d r e g i s t r a t i o n n u m b e r

[number][mark] [insert registration number/mark]

[Related Engines: [if relevant, insert description, by model and

manufacturer’s serial number]]

The undersigned is the [Authorised Party][Certified Designee] (this

and all other terms used in this Designation have the meanings given in

the IDERA) under the IDERA.

[The undersigned hereby certifies that all registered interests

ranking in priority to that of the Authorised Party have been

discharged or that the holders of such interests have consented to the

[de-registration and export of the Aircraft][export of the Related

Engine].]

Under Article 5 of the Second Schedule to the Aircraft Registration

Act the undersigned hereby requests as soon as practicable, and, in any

case, within five working days [(i) de-registration of the Aircraft, with

notice of such de-registration immediately thereafter sent to [insert

name of state where the Aircraft is intended to be subsequently

registered] and (ii) co-operation of the Authority for Transport in

Malta and other administrative authorities in Malta in the export of the

[Aircraft][Related Engine] from Malta.]

[Insert name of Authorised Party/Certified Designee]

By: [insert name of signatory]

Its: [insert title of signatory]

Agreed to and lodged this [insert date].

Annex 4

Revocation

[Insert Date]

To: Authority for Transport in Malta

Director General for Civil Aviation

National Aircraft Register

Re: Irrevocable De-Registration and Export Request Authorisation,

dated [insert date of IDERA] by [insert name of operator/owner] for

the [insert the airframe/helicopter manufacturer name and model

number] bearing manufacturer’s serial number [insert manufacturer’s

serial number] and registration number [number][mark] [insert

registration number/mark] (the "IDERA")

[if this is a revocation of a Designation, include: The Designation,

dated [insert date of Designation] by [name of Authorised Party]

designating [insert name of Certified Designee]

The undersigned is the [Authorised Party][Certified Designee] (this

and all other terms used in this Revocation have the meanings given in

the IDERA) under the [IDERA][Designation].

In accordance with Article 4(1) of the Second Schedule to the

Aircraft Registration Act the undersigned hereby revokes the

[IDERA][Designation], effective immediately.

[Insert name of Authorised Party/Certified Designee]

By: [insert name of signatory]

Its: [insert title of signatory]

Agreed to and lodged this [insert date].

Annex 5

Formalities

A document that indicates it was signed in Malta will be accepted

by the Registry Authority without additional formalities.

A document that indicates it was signed outside Malta will be

accepted by the Registry Authority if notarised locally to the

satisfaction of the Director General and the Director General in his

discretion may also ask that the document is duly apostilled or

The Fourth Schedule to the principal Act shall be amended as Amendment of

the Fourth

Schedule of the

principal Act.

(a) immediately after Part A thereof, there shall be added

the following

"An aircraft which is intended to be operated with no

pilot on board is to be further classified as unmanned.

Unmanned aircraft includes unmanned free balloons

and remotely piloted aircraft."; and

(b)

Part B thereof shall be amended as follows

(i) item 1 thereof shall be substituted by the

following new item

"1. The nationality marks of the aircraft shall

be the number 9 followed by the capital letter "H" in

roman character and the registration mark shall be a

group of three to five characters, which characters

can be a combination of capital letters in Roman

character and/or Arabic numbers assigned by the

Director General on the registration of the aircraft.

The letters and numbers shall be without

ornamentation and the hyphen shall be placed

between the nationality mark and the registration

mark."; and

(ii) item 4 thereof shall be substituted by the

following new item

"4. In addition to the foregoing requirements

of this Schedule, a fireproof metal plate shall be

affixed in a prominent position to the fuselage or car

or basket, as the case may be, and near the main

entrance to the aircraft and there shall be inscribed on

the fireproof metal plate at least the nationality and

registration marks of the aircraft.".

Part II

Amendments to the Code of Organization and Civil Procedure

This Part amends the Code of Organization and Civil

Procedure and it shall be read and construed as one with the Code of

Organization and Civil Procedure, hereinafter in this Part referred to as

"the Code".

Words and phrases used in this Part shall have the same

meaning as assigned to them in the Code of Organization and Civil

Procedure.

Immediately after Sub-title V of Title VII of Part I of Book

Second of the Code there shall be added the following

"Sub-title V bis

O f T h e Wa r r a n t O f

384A".

Ejectment Or Expulsion From

Seagoing Vessels or Aircraft

In paragraph (b) of sub-article (1) of article 167 of the Code,

the words "surrender of the tenement," shall be substituted by the

words "surrender of the tenement, or" and immediately thereafter there

shall be added the following new paragraph

"(c) for the eviction of an operator, lessee or other

occupants, including any members of their staff from seagoing

vessels or aircrafts,".

In paragraph (j) of article 273 of the Code, the words "in

procintu." shall be substituted by the words "in procintu;" and

immediately thereafter there shall be added the following new

paragraph

"(k) warrant of ejection or expulsion from seagoing

vessels or aircraft.".

Immediately after Sub-title V of Title VII of Part I of Book

Second of the Code there shall be added the following

"Sub-Title V bis

OF THE WARRANT OF EJECTMENT OR EXPULSION FROM

SEAGOING VESSELS OR AIRCRAFT

384A.(1) In the execution of any warrant of

expulsion from ejectment or expulsion, on the demand of a lessor or a

mortgagee, of the operator, lessee or other occupants,

including any members of their staff from seagoing

vessels or aircraft, the court executing officer shall enjoin

the operator, lessee or other occupants, including any

members of their staff to quit the vessel or aircraft

indicated in the warrant in favour of the lessor or a

mortgagee or his duly authorised representative within a

period of not less than four (4) and not more than eight

(8) days. If the operator, lessee or other occupants,

including any members of their staff do not quit the

vessel or aircraft indicated in the warrant at the expiration

of such period, the court executing officer shall ensure

that the operator, lessee or other occupants, including any

members of their staff are removed from the vessel or

aircraft concerned, which shall also be cleared of all

things belonging to such persons.

(2) The vessel or aircraft indicated in the warrant

shall be detained in Malta for the purposes of the

execution of a warrant of ejectment or expulsion and

insofar as the detention of the vessel or aircraft is

concerned, the provisions of article 388C for vessels and

article 388E for aircraft shall apply, mutatis mutandis."

Article 388D of the Code shall be amended as follows

(a) in sub-article (1) thereof, the words "pay the amount

due." shall be substituted by the words "pay the amount due or

order the said article to be returned to the owner or lessor or

mortgagee."; and

(b)

immediately after sub-article (4) thereof there shall

be added the following new sub-article

"(5) When a demand is made for the execution of an

order pursuant to article 1526 of the Civil Code for the

issue of an executive warrant of arrest of the ship for the

purposes of repossession thereof, the court shall

expeditiously order the operator, lessee or other

occupants, including any members of their staff to return

the seagoing vessels in favour of the owner or lessor or

mortgagee as the case may be and, if necessary, issue

such orders as are stated in article 384A.".

Article 388F of the Code shall be amended as follows

(a) in sub-article (1) thereof, the words "from the date of

the application." shall be substituted by the words "from the date

of the application or order the said article to be returned to the

owner or lessor or mortgagee."; and

(b) immediately after sub-article (4) thereof there shall

be added the following new sub-article

"(5) When a demand is made for the execution of an

order pursuant to article 1526 of the Civil Code for the

issue of an executive warrant of arrest of the aircraft for

the purposes of repossession thereof, the court shall

expeditiously order the operator, lessee or other

occupants, including any members of their staff to return

the aircraft in favour of the owner or lessor or mortgagee

as the case maybe and, if necessary, issue such orders as

are stated in article 384A.".

Sub-article (1) of article 855 of the Code shall be amended as

(a) the words "a sea-going vessel unless" shall be substituted by

the words "a sea-going vessel, with the exception of a warrant of

ejectment or expulsion, unless"; and

(b) the words "at some other place." shall be substituted by the

words "at some other place:" and immediately thereafter there shall be

added the following new provisos

"Provided that a precautionary warrant of arrest

may also be issued by the Court in the circumstances

provided for under article 1526(5) of the Civil Code to

secure, in the event of a default, the rights of lessor

against a lessee and the provisions of this title shall also

apply to such warrants of arrest, mutatis mutandis

Provided further that for the purposes of article

843, the lessor shall be obliged to file the application

pursuant to article 1526(5) of the Civil Code within

twenty (20) days from the warrant of arrest.".

In sub-article (1) of article 865A of the Code, the words Amendment of

"issued against an aircraft or the aircraft engine unless it is a warrant of article

arrest:" shall be substituted by the words "be issued against an aircraft,

with the exception of a warrant of ejectment or expulsion, or the

aircraft engine unless it is a warrant of arrest:" and immediately

thereafter there shall be added the following new provisos

"Provided that a precautionary warrant of arrest

may also be issued by the Court in the circumstances

provided for under article 1526(5) of the Civil Code to

secure, in the event of a default, the rights of lessor

against a lessee and the provisions of this Title shall also

apply to such warrants of arrest, mutatis mutandis

Provided further that for the purposes of article

843, the lessor shall be obliged to bring the application

contemplated in article 1526(5) of the Civil Code within

twenty (20) days from the warrant of arrest.".

Immediately after Form No. 37 of Schedule B to the Code, Amendment of

there shall be added the following new form

"Form No. 38

Warrant of Ejectment or Expulsion from Sea Vessels or Aircraft.

In (here insert name of Court)

(Applicant)............................................................................

Versus

(Respondent)............................................................................

Application of

Respectfully requests:-

That this Court orders the issue of a warrant of ejectment or

expulsion against the respondent, including any operator, lessee or

other occupants, including any members of their staff (from the herein

mentioned aircraft or sea vessel) in execution of the notice of

termination herein mentioned, whereas the respondent has so far failed

so to do.

Details of the Aircraft or Sea Vessel

Details Notice of Termination

Place where the said aircraft or sea vessel is to be found

Authority: Authority for Transport in Malta

Advocate

Legal Procurator

This,

day of

Filed by

(Registrar’s signature)

No. 38

Warrant of Ejectment or Expulsion from Sea Vessels or Aircraft.

Court Warrant

Republic of Malta

To Marshal of the Courts

WHEREAS by a notice of the termination of the lease, as stated in

the aforementioned application, respondent was condemned to quit the

said Aircraft or Sea Vessel, and whereas the said respondent has so far

failed to do so;

You are, therefore, on the said application, ordered to cause the

respondent to be actually ejected from the aircraft or sea vessel

mentioned in the application, leaving the same free in favour of the

said applicant, enjoining further the said respondent by delivering a

copy of the warrant, not to disturb the aforesaid applicant in the free

enjoyment of the said aircraft or sea vessel, under the penalties

established for contempt of court.

And after execution, or upon your meeting with any obstacle in the

execution hereof, you shall forthwith report to this Court.

Given by the (name of Court)

and witnessed by

Doctor of Laws of the said

Court.

This,

day of

".

Part III

Amendments to the Civil Code

This Part amends the Civil Code and it shall be read and

construed as one with the Civil Code, hereinafter in this Part referred

to as "the Code".

Words and phrases used in this Part shall have the same

meaning as assigned to them in the Civil Code.

In the proviso to sub-article (5) of article 1526 of the Code,

the words "and may ask the Court" shall be substituted by the words

"and may, by application, ask the Court".

Passed by the House of Representatives at Sitting No. 482 of the

30th June, 2021.

ANĠLU FARRUGIA

Speaker

RAYMOND SCICLUNA

Clerk of the House of Representatives

€3.15