Regula tions. 1989

Supplimenllal·GaZUIIQ lal-Gvern w' Ma/la. Nfu . 15.220, 26 la' Dii:emhn,. J%J

L.N. 168 of 1989

EU ROCOJlro'TRO L ACT, 1989

Civil Avlalloll (Route Charges for Nnigallon St-rvkrs)

Regula tions. 1989

IN exercise of '"e powers confe rred by section 60f the Eurocontrol

ACl. 1989. the Prime Ministe r has made the fo llowing regul alions:-

(\ ) These regu lat ions may be cited as the Civil Aviat ion c;,.,jo.und

( Ro ule Charges for Navigation Services) Regu lati ons, 1989.

rommen«men,.

(2) These regulations shall come into force on the \SI day of

Jan uary. I990.

In these regulat ions. unless the context otherwise 1",."" .. ><;00.

( 1)

requi res

" FIR" means "Aight In formation Region";

" Malta AlP" means a document in force in Malta al thedateol

Ihe making of these regulations entitled - Malta Aeronaut ical

Illformalion Pu blication or " Maha A lP" and published by the

M

Department of Civil Avialion

"to

"Eurocontro l" has the same mea ning assigned to it by the

Eurocontrol Act . 1989

0I1'II!II.

M

MMember State means a State which is a Member Stale of

Eurocontrol;

MSpecllled Airsp~ce" means the airspace of the Malta Right

Information Regio n as described in the Malta A ll'.

(2) Expressio ns used in these regulations shall. unless the

context otherwise requi res, have the same respect ive meanings as in the l..N. 10

Colonial Air Naviga tion Orde r. 1961.

0I1\l6J.

J . ( I) Subject to Ihe provisio ns of these regulnti ons theopc ratoro .. ", lob<

of any ai rcraft (i n wh atsoever State il is regi.tered) for which navigat ion I"'id '"

services (not being navigation services provided in connection with the E\lf<)<OOIroI.

use of a n aerodrome) are made available in the speci fied airspace sha ll

pay to Eurocontrol. in respect of each flight by that aircraft in that

ainpace, a cha rge for those scrvi~ (he reinafter refe rred to as Mthe

eharge~) at the appro priate rate calcul ated in De<:ordance with

regulation S of these regulations.

(2) If Eu rocon trol is unable . arterla ].; ing reasonable steps, to

ascertain who is the ope,..~tor , it may give nolice to the owner o f the

aircrafl that il will treat him as the operator unlil he establishes to the

reasonable 5atisfmction o f Euroconlrol that some other person is Ihe

operalor: and from the ti me when the notice is given Eu rocuntrol sha ll

be entitled, for so long as Ihe owne r;s unable to cSlablish as aforesaid

that some other penon is the ope rator, to treat the owner as if he we re

the ope rator, and for IlIal purpose the provisions of these regu latioru;

(olh er Ihao Ihis paragraph) sllllll apply 10 Ihe owne r o f the aircraft as if

he were the operator.

(1) The amount orllle charge shall be payable 10 EUfOOOnlrol

at ih pri ncipal office in Brussels8udshall be paid in European Cummcy

Unit.

(2) Without prejudice 10 any existing m le of law relating \0

the payment, under an order o f the cou rt , o f a debt txprcS!)ed in foreign

cu rrency. the equivalent o f Ihe charge may be recovered in Maltese liri

in any court of compe tent jurisdiction in Malta.

(J), Nothing in this regulation shall prevent Eurooonlrol

from accepting as a good discharge payment in currencie$ o tlier than

Europe~n Currency Unit or at places othe r than the principal office of

Euroconl rol.

S. ( I ) The charge shall be calculated in European Curre ncy

Unit aeeording to tbe following formula:-

whe: re r is the charge for th e night , N is the number of service un ils relat·

ing to that flight and U is the appropriate un it rate specified in col umn 3

of the Schedule 10 these regu lations increased o r decreased as the case

may be by the same percentage as the Malt ese currency hu increased or

decreased against the European Curre ncy Unit as compared with the

rate of exchange specified in column 4 of the: said Sched ule.

(1) For the purpose of the preceding paragraph , the number

of se rvice units relating loa night sha ll becalculated in aeeordan ce with

the following fonnula: -

where d is the distance factor for thc ni ght in the specified airspace and

p is the weight factor for the aircraft concerned .

(3)

For the purposes of the preceding paragraph -

(a) the distance faclOr shall be the number of kilometres in

the great ci rcle distance between the points speci fied in paragra ph

(4) of this regulation mi nus 20 kilome tres for each landing a nd lake-

o ff in the specified airspace divided by 100 and ClIpressed to two

places of decimals, and

(b) the weight factor shall be equal 10 the square root of the

quotient obtained by dividing by 50 the numbe r o! metrie to nne s of

the maximum tOlal weight au thorise d of the aircraft and shall be ex-

pressed to two places of decimals.

(4)

The points referred to in paragraph (3) of this regulation

arc;

(a) the aerodrome of departure within the specified ai rspace

or, if there is no such aerodrome. the point specified in paragraph

(5) of this regulation as the standard point of entry into that

airllpace for the rOUle in question;

(b) the aerod rome of first destination within the specified

airspace or, if there is no such aerodrome. the point specified in

paragraph (5) of this regulation as the standa rd point of exil from

that airs,pace for the route in question.

(5) The standard poi nts of entry and exit referred loi n parag-

raph (4) of this regulation arc the poirns. as described in the MaHa AlP ,

where the median line of the appropriate airway or upper Air Traffic

Service route so described CTOsse5 the boundary of the airspace.

For the purposes of this paragraph. the appropriate airway or

route. in the case of a flight made between 1st January and 31st De-

ce mbe r in any year, shall be: -

(a) the airway or mute between the aerodrome of departure

and th e aerodrome of first dest ination which appears to Eurocon·

trolon 1st January of that year to be the most frequently used such

airway or roule; or

(b) if Eurocontrol is unable 10 ascertain on 1st January of

thal year which such airway or route is the most frequently used.

the shortest such airway or ro ute.

(6) The weight factor for an aircraft of any t)'pC shall be cal-

culated by reference to the maximum total weight authorised of the

heaviest aircraft of that type

Provided that where an operator has indicated 10 Eurocontrol,

within the period of onc year im mediately precedi ng the flight , theoom-

positio n of the fleet of aircraft of which be disposes and tbal il includes

two or more aircraft which are different ve rsions of the same type of air-

craft. the weight factorshall be calculated by reference to the average of

the maximum total we ight authorised of all his aircraft of that type so in-

d icated to Eurocontrol.

( I) For the purposes of regulation 5 Ibe rale of exchange of Rotc '"

the European Currency Unit to the Malta Lira shall be the average <>eh.nl' ·

monthly rate of exchange of the Europe an Currency U nit to the Maltese

currency established by the International Monetary Fund and publica·

tion in the International Financi al Statistics of the Inte rnational Mone t-

ary Fund for the month preceding lhe month during wh ich the night

takes place shall be conclusive evidence o f that matter; and a document

purporting to be the International Financial Statistics published by the

International Monetary Fund shall in any proceedings be received in

evidence and, unless the contrary is proved, be deemed to be such a

document.

(2) In the event that the International Monet ary Fund does

not publi~h the International Financial Statistics for the mOlllh preced.

ing the month during which the flight takes place, a certificate given by

the Ce ntral Bank o f Malta slating th e IIverage month.ly rate of exchange

of the European Currency Unit to the Maltese currency for Ihe mOll1h

preceding {he month during which [he flight takes place shall be conclu-

sive evide nce of th at maller; and a documelll purporting to be such a

certificate shall in any proceedings be received in evidence and . unless

the contrary is proved, be deemed 10 be such a certificate.

These regulations snail not apply 10 tile follOwing f1igh1S: -

(i)

flights by military aircraft of a Member State;

(ii)

flights made for Ihe purposes of search and rescue op-

.tratiollS;

(iii) flights performed under Visual Flight Rules during the

e ntire en route portion; mixed Visual Flight Rulesllnst rument

Flight Rules flights shall be exempted only in the airspace o f the

Flightlnformotion Regions which fall within the competence of the

Member State or States where they are pe rformed exclusive ly

under Visual Flight Rules conditions;

(iv) flights terminating al Ihe ae rodrome from which the

aircraft has taken off;

(v) flightsOIher than the fl igh ts rderred loin pan.graph (i)

of Ihis regulation made by aircraft which are the property o f a State

(including CUSloms and police aircraft) and which are nOI made for

oomme rcial purposes;

( vi) flights made exclusively fo r the purpose o f eheckingor

tesl ing equipment used o r inte nded to be used as aids to ai r naviga·

tion ;

(vii) flights made excl usively for the purpose o f instruction

or testing of flight crew;

(viii) flights made exclw.ively for the purpose of enabling an

aireraft to qualify for the issue o r renewal o f I Certificate of Air-

worthiness or of the validation the reof o r the approval of a modifi-

cation of the aircraft, afte r an appl ication has been made for such

issue, renewal, validation or approval as the case may be;

(Ix) flights made by ai rcraft of which the maximum total

weight authorised is less than two metric tonnes.

SCHED ULE

( Regu lation 5(1 »

(1)

(2)

(3)

(4)

Pu blication in whi ch

Country

Established at a Ra te

Unit Ratein ECU

of Exchange of

AR is described

0.3840.

42. 10

Mal ta.

Mal ta A ll'

lr>J1'1t>1>1II." mid.o;po";""'"' to'l ·lnformoujoni K ... ;lj. I'ub"""" ~1W ~ "" "'~

M it bo ,~ n·l>umporii" tol·G",," _ 1'MW ""~ ao.",,_ ,.riM", r....