Civil Aviation (Route C harges ror Navigation Ser vices)

Supplimtnllal-Gau etta tal-G\lern la ' Malta, Nru. 16,552, 19 ta ' Dicembru, / 997

I_ N. 222 of 1997

EUROCONTROL ACT

(CAl). 333)

Civil Aviation (Route C harges ror Navigation Ser vices)

(A m endment) Regul a tions, 1997

IN exercise of the powe rs conferred by section 6 of the Eurocontrol

Act , the Minister for Transport and Ports, with the concurrence of the

MinisterofFinance and Customs, has made the following regulativ.ls: -

( I) These regulations may be cited as the Civil Aviation c _ _

(Route Charges for Navigation Services) (Amendment) Regulati ons,

1997 and shall be read and cOfIstrocd as one wi th the Civil Aviation

(Route Charges for Navigati on Services) Regul at ions . 1989, hereinafter L.N. 16Aof 198\1.

referred to as " the principal regul atio ns".

(2) 1bese regu latiOfls shall come into force on 1st JlU1uary,

1998 .

For paragraph (2) of regulation 2 of the principal regu lations

~_

1 of ,1Io pintipoI

there shall be substituted the following

re",I..n..

"(2) Expressions used in these regulations shall, unless

the contel[t otherwise req uires, have the same respective

meanings as in the Air Navigation Order, 1990 ....

Immediately after paragraph (3) of regulation 4 0fthe principal _ _ repilliao

~

4 of !be prin<ipoI

regu lations. the re shall be added the following new paragraphs

.. p _KJns.

"(4) 1be latest date by which payment is to be received by

Eurocontrol shall be shown 0fI the bill and shall be 30 days from

the date of the bill .

(5) Any charge which has nO( been paid by the latest dale

for pa yment shall be increased by the addi tion thereto of interest

at the rale specified in the First Schedule tothese regulations. Such

interest. to be known as IMerest on Late Payme nt . shall be simple

interest calculated from day to day on the unpaid overdue amount ,

and shall be cal culated and billed in ECU .".

For regu ill tion 5 of the principal regulations there shall be

substituted me following

5 . ( I) The c harge shall be calculated in European

...... - . CUITeltCy Unit according to the following fonnula:-

r _NItU

where r is the charge for the night , N is the number of service

units re lating to thm Oight and U is the appropriale unit tafe

specified in column 3 of the Second Schedule to these

reguhni ons. The unit ro te of charge shall be recalculated

monthly by applying the avemge monthly mte of exchange

betwecn thc ECU and the nati onal c urrency for the month

during which the fli ght takes place . The exchange rate applied

shall be the Month ly A\'cmge of the "Closing Cross Rate"

calc ulatcd bv Reuters based on dailv BID mte .

For the purpose of the precedi ng parograph.

(2)

the number of service units relating to a flight shall be

calculated in accordance with the following fonnula: -

N=dx p

where d is the d istance factor for the Oight in the specified

airspace and p is the lIo'eight factor for the ail"Cfllf, concerned.

(3) For the purpose of the preceding pamgraph,

the distance factor (d) shall be obtained by divid ing by one

hundred ( 100) the number of kilometres in the great circle

distance between

- the ae rod rome of depanure within,or the point

of entry into , the specified airspace

- the aerodrome offim destinlltion within.or the

point of eltit from. tl\a.t airspace.

The aforesaid entry and exi t point shall be the. poinlS at which

the. lalerol limils of the specified airspace are crossed by the

route described in the flight plan . This night plan incorporates

any changes made by the opera tor to the flight plan initially

fi led as wel l as any changes approved by the opern tor resulting

from air tronic now rtUlnagcment measures.

The distance to be taken into account shal l be reduced by

twenty (20) kilometres for each landing and take-off in the

s~ified airspace and shall be expressed 10 two places of

decimals.

(4) For the purpose of the preceding paragraph.

the weight factor (p) shalt be the square root of the quotient

obtained by dividin g by fi fty (50) the number of metric tons

in the maximum eenificated take·off weight of the aircraft as

shown in the certificate of airworthiness, the flight manual or

any Olherequivalen t official document and shall be expressed

to twO places of decimals.

Where the maximum certificated take-off weight

of the aircraft is not known to the bodies responsible for the

collection of the charge , the weight factor shall be calculated

by taking the heaviest aircraft oflhe same type known to exiSI.

Where, however, an operalor has indicated to the

bodies responsible for the collection of the charge that he

operates two or more aircraft which are different versions of

the same type, the average of the maximum take-off weights

of all his aircrafl or that type shall be taken for thecalculation

of the weight factor for each aircraft of that type . The

calculation of this factor per aircraft type and per operator

shall be effected at least once a year.".

S. For regulations 6 and 7 of the principal regulations there shall

be substituted the following:-

6 . !bese regulations shall not apply to the following

flights:-

flights by military aircraft ora Member State;

(i)

(ii) flights made for the purposes of search and

rescue operations;

(iii) flights performed under Visual Flight Rules;

mixed Visual Flight Rul es/Instrumen t Flight Rules

flights sha ll be exempted only if the pan of the flight in

the specified airspace is perfonned excl usively under

Visual Flight Rules;

(iv) flights lenninaling at the aerodrome from

which the aircraft has taken off;

(v) flights performed exclusive ly for th e

transport, on official mission, of the reigning Monarch

and hislher immediate family, Heads of State . Heads of

Governmen t , and Government Ministers. In all cases,

this must be substantiated by the app ropriate status

indicator on the flight plan

(vi) tra ining flights perfonned exclus h'ely forthe

purpose of obtaining a licence. or a rating in the ease of

cock pit flight crew. and where this is substa ntiated by

an appropriate remark on the flight plan, Flights must

be perfomled solely with in the speci fied airspace and

must nOl ser.'e for the transpon of passengers andlor

cargo, nor for positioning or ferrying of the aircraft

(vii) flights perfonned by aircraft of wh ich the

Maximum Take-Orf Weight Authorised is less than two

metric fOns." ,

For the Schedule to the principal regulations there shall be

substituted the follow ing:-

'"FIRST SCHEDULE

(Regulation 4(5»

The rate o f interest on laIC payment shall be 7.73 percent

per annum,

SECOND SCHEDU LE

(Regulation 5( 1))

(2)

(3)

(4)

Country

Publication in

Unit rate

Established at

whic h FIR is

inECU

the A\'erage

September 1997

described

rate of Exchange of

ECU I _ LmO.435052".

Malta AlP