The Airport (Groundhandling Serviees) Regulations, 2003 (groundhandlingserviees)

SlIpplimellllal-Cazzella ral·Cvem ra' Malra, Nm. 17,359, ISra' Frar, 2003

L.N. 66 of 2003

CIVIL AVIATION ACT

(CAP. 232)

The Airport (Groundhandling Serviees) Regulations, 2003

IN exercise of the powers conferred by article 3 of the Civil

Aviation Act. the Minister responsible for Transport and

Communications has madt.: the follo\villg regulations:-

the Airport Cn:lllOn and

(I)

The title of these Regulations

IS

CQmmencemcm

(Groundhandling Sen'ices) Regulations. 2003.

(2) The pro\'isions of regulations 3. -l. 6. 7. 9. 10. 11. 12. 13.

l-l. 15 and 20 shall come iJ1lo force on the 25th March 2003.

(Regulation 2)

LIST OF GROUNDHANDLING SERVICES

Ground administration and supervision comprise

representation and liaison services with local authorities or any other

entitv. disbursements on behalf of the airport user and provision of

office space for its representatives

load control. messaging and telecommunications

handling. storage and administration of unit load devices;

anv other supervision services before. during or after the night and any

other administrative service requested by the airport user.

2. Passenger handling comprises any kind of assistance to arriving.

departing. transfer or transit passengers. including checking tickets and

{mvel documents. registering baggage and carrying it to the sorting

area.

3. Baggage handling comprises handling baggage in the sorting area,

sorting it. preparing it for departure. loading it on to and unloading it

from the devices designed to mOve it from the aircraft to the sorting

area and vice versa. as well as transporting baggage from the sorting

area to the reclaim area.

4. Freight and mail handling comprises

for freight: physical handling of export. transfer and import freight,

handling of related documents. customs procedures and

implementation of any security procedure agreed between the parties

or required by the circumstances

for mail: physical handling of incoming and outgoing mail. handling of

related documents and implementation of any security procedure

agreed between the parties or required by the circumstances.

5. Ramp handling comprises

marshalling the aircrafl on the ground at arrival and departure, unless

provided by the air traffic service

assistance LO aircraft parking and provision of suitable devices. unless

provided by the air traffic service

B

communication bCl\veen the aircraft and the air-side supplier of

seryices. unless provided by the air traffic service

the loading and unloading of the aircraft. including the provision and

operation of suitable means. as well as the transport of crew and

passengers between the aircraf1 and terminal. and baggage transport

between the aircraft and the terminal

the pro\"ision and operation of appropriate units for engine starting

the moving of the aircrati at arri'·al and departure. as well as the

provision and operation of suitable devices

the transport. loading on to and unloading from the aircraft of food and

beverages.

6. Aircraft services comprise

the external and internal cleaning of the aircraft. and the toilet and

water services

the cooling and heating of the cabin. the removal of snow and ice. lhe

de-icing of the aircraft

the re-arrangement of the cabin with suitable cabin equipment. the

storage of this equipment.

7. Fuel and oil handling comprises

the organisation and execution of fuelling and defuelling operations.

including the storage of fuel and the control of the quality and quantity

of fuel deliveries

the replenishing of oil and other fluids.

8. Aircraft maintenance comprises

routine services performed before flight

non-routine services requested by the airport user

the provision and administration of spare parts and suitable equipment

the request for or reservation of a suitable parking and/or hangar space.

9. Flight operations and crew administration comprise

preparation of the flight at the departure airport or at any other point;

in-night assistance. including fe-dispatching ifneeded;

post-flight activities

crew administration.

10. Surface transport comprises

10.1 the organisation and execution of crew. passenger. baggage. freight

and mail transport bet,,·een different terminals of the same airport. but

excluding the same transport bet\veen the aircraft and any other POilll

within the perimeter of the same airport;

10.1 any special transport requested by the airport user.

1I. Catering services comprise

liaison with suppliers and adminislrati'·e management

11.1 storage of food and be,·erages and of the equipment needed for their

preparation

11.3 cleaning of this equipment

preparation and deli'·er\' of equipment as well as of bar and food

supplies.

In

these

regulations.

unless

the

context

otherwise

Interpretatlon.

requires

"airport" means all,' area of land especially adapted for the

IJnding. taking off and manoeuvres ofaircrart. including the ancillary

installations which these operations may involve for the requirements

of aircraft traffic and sen'ices including the installations needed to

assist commercial air services

"airport user" means any natural or legal person. rc.:sponsible for

the carriage of pnssengers. mnil nnd. or freight by air. from or to the

airport in question

"airside services"

means

the

following

categories

of

groundhandling services

(a)

baggage handling

(b)

freight and mail handling as regards the phvsical

handling of freight and mail. \\ her her incoming. olltgoing or

being transferred. between the air terminal and the aircraft

(c)

fuel and oil handling

(d)

ramp handling

"Board" means the Groundhandling Services Appeals Board

established under regulation 16

"Committee" means the Airport Users Committee established

under regulation 5

tt

"Director means the Director of Civil Aviation and. to the

extent of the authority given. any person authorised in that behalf by

the Director;

"groundhandling" means the services provided to airport users

at the airport as described in the Schedule;

"managing body of the airport" means a body that has as its

objective the administration and management of the airport

infrastructure, and the co-ordination and control of the activities of

the different operations present in the airport;

"Minister" means the Minister responsible for civil aviation. and

includes. to the extent of the authority given, any oflicer authorised

by him. in writing, to act in that behalf for any of the purposes of

these regulations

"self-handling" means a situation in which an airport user

directly provides for himsell' one or more categories of

groundhandling services and concludes no contract of any description

with a third party for the provision of such services; for the purposes

of this definition airport users shall not, among themselves, be

deemed to be third parties where -

(a)

one holds a majority shareholding in the other: or

(b)

a single bodv has a majority holding in each;

"supplier of grouodhandling services" means any l1allifal or

legal person supplying third parties with one or more categories of

groundhandling services.

(I)

Where the managing body of an airport. the airport

user or the supplier of groundhandling services provides

groundhandling services. they must rigorously separate the accounts

of their groundhandling activities from the accounts of their other

activities in accordance with Clirrenl commercial practice.

(2) A person who fails without reasonable excuse to comply

with the requirements of subregulation (I) shall be guilty or an

offence.

(3) The managing body of the airport shall not cause or permit

its groundhandling activities to be subsidised from the revenue it

derives frol11 its role as airport authority.

(])

In any case where, pursuant to regulation 3. the

managing body of the airport. an airport user. or a supplier of

g.roundh3ndling sen·ices is required to separnte its accounts. the

Direclor shall appoint in relation to lhat managing body. airport user

or supplic:r a person to undertake the duties of independent examiner

described in this regulation.

(2) The Director may by notice in writing on the independent

examiner and on the person in rdation to \\ hom he has been

appointed to examine. revoke an appointment made by him pursuant

to subregulalion (I).

(3)

The independent examiner shall check lhat the required

separation of accounts is carried out.

(-I) The independent examiner appointed in relation 10 the

managing body of the airport shall also check whether there are or

hav~ been any financial nows between the activity of the managing

body as airport authority and its groundhandling activity.

(5) Within a period of fifteen months after his date of

appoinlmcill and at least once a year thereafter. the independent

cxnmincr shall prepare a written statement containing lh~ results of

the checks he has carried out pursuant to subregulation (3) and. where

he has been appointed in relation to the managing body of the airport.

subregulalion (4).

(6) The independent exanllner shall send a copy of the

statemenl prepared by him pursuant to subregulation (5) to the

Director.

(7) The independent examiner shall be entitled to receive from

the person in relation 10 whom he has been appointed a sum equal to

~l1lY expense reasonably incurred by him in undertaking his duties of

the ind~pendent examiner described in this regulation.

(I)

There shall be set up by lhe managing body of lhe Alrpon l:scrs·

CommlllO:O

airport a commillee of representalives of airport users or

organisations representing airport users. to be called the Airport

Users' Commillee. hereinafter referred 10 as "the Commillee". The

representalives shall be appointed by the Director and the statute and

rules of procedure of the Commillee shall b~ approved by the

Director.

(1)

All airport users shall have the right to be on this

Committee or. if they so wish. be represented on it by an organisation

appointed to that effect.

(3)

The Commillee shall meet al least once a year with the

managll1g

body

of

the

airport

and

the

persons

providing

groundhandling services at the airport to consult on the application of

the provisions of these regulations. Such consultation shall cover,

inter alia, the organisation of the provision of those groundhandling

services supplied at the airport.

(1)

The managing body of the airport shall ensure free

access by suppliers of groundhandling services established in Malta

to the market for the provision of groundhandling services to third

parties

Provided that not more than two suppliers are authorised to

provide each category of airside services and at least one of the

authorised suppliers may not be directly or indirectly controlled by

the managing body of the airport,

any airport user who has carried more than 25% of

the passengers or freight recorded at the airport during the year

preceding that in which those suppliers were selected,

a body controlling or controlled directly

or

indirectly by the managing body or any such user

Provided further that the managing body of the airport,

either directly or indirectly, may also provide airside services in

addition to the other two authorised suppliers.

(2) The suppliers of groundhandling services mentioned in

subregulation (1), shall have at least fifty -one percent shareholding

held by Maltese nationals unless the Government of Malta directly or

indirectly holds any shares therein.

(1)

An airport user shall have the right to self-handle in

respect of groundhandling services except those defined under airs ide

services. In relation to one or more airside services, the Director may,

at his discretion or upon the application of the managing body of the

airport, reserve the right to self handle to no fewer than two airport

users, provided they are chosen on the basis of relevant, objective,

transparent and non-discriminatory criteria.

(2) The selection of the self-handling airport users made by the

managing body of the airport on the basis of subregulation (I) shall

be valid for not more than seven years.

(I)

The managing body of the airport shall use a

selection procedure for suppliers authorised to provide

groundhandling services to third parties

Provided that the managing bod, -

(a)

does not provide simililr groundhandling servIces

and

(b)

has no direct or indirect control

over

any

undertaking which provides such services: and

(e)

has no in\'oh"ement in an: slich undertaking.

(2) TJ1e managing body of the airport shall choose a supplier

of groundhandling services alier consulting the Committee and on the

basis of the following principles

(a)

any standard conditions or technical specifications

which are to be met by suppliers of groundhandling services

shall be established alier consultation with the Committee

(b)

the selection criteria must be relevant. objective.

transparent and non-discriminatory

(c)

an invitation to tender shall be published in the

media to which any interested supplier of groundhandling

services may reply.

(3) A supplier of groundhandling services shall provide such

services for a maximum of seven years after being selected. If such a

supplier of groundhandling services ceases his activity before the end

of the period for which he has been selected. he shall be replaced on

the basis of the same selection procedure mentioned in subregulation

(~)

In the event that the managing bod\' of the airport decides

to itself provide groundhandling services

(a)

it may do so without being subject to the selection

procedures in subregulation (2). This shall also applv to the

supplier of groundhandling services which is controlled directly

or indirectly by the managing body of the airport

(b)

the Director shall carr:- out the selection procedure

in subregulation (2) after consulting the Committee and the

managing body of the airport.

(5) The managing body of the airport shall inform the

Committee and the Director of decisions taken under this regulation.

The managing body of the airport shall ensure that

the suppliers of groundhandling serykes and ~i.pon

(a)

users \\-ishing to self-handle ha,-e access to airport installations

to the extent necessary for them to carry out their activities

(b)

any conditions on such access that may be imposcd

bv the managing body of the airport shall be relevant. objcctive.

transparent and non-discriminatory

(c)

space available lor groundhandling at the airport is

divided among th~ various suppliers of groundhandling services

and self-handling airport users. to the extent necessary for the

exercise of their rights and to allow effective and fair

competition on the basis of relevant. objective. transparent and

non-discriminatory rules and criteria

(d)

any fee charged for such access is determined

according to relevanr. objecli\c. transparent and non-

discriminatory criteria.

(I)

The Director may require that the groundhandling

activity of a supplier of groundhandling services or a self-handling

user obtain his approval. When granting such approval the Director

shall take into account the financial fitness and sufficient insurance

cover. the security and safety of installation. of aircraft. of equipment

and of persons. as weJl as the protection and compliance with the

relevant industrial legislation.

(2) In applying the criteria in subregulation (I) the foJlowing

principles shall be applied

(a)

they must be applied in a non-discriminatorv

manner to the ,-arious suppliers of groundhandling services and

airport users

(b)

they must relate to the imended objectivc

(c)

they may not. in practice. reduce market access

freedom to self-handle to a kvel below that provided in these

regulations.

(3) The criteria referred to in subregulation (I) should be made

public and the supplier of groundhandling services or self-handling

airport user shaJl be intormed in advance of the procedure for

obtaining approval.

(-\) The Director may withhold or withdraw an approval issued

by him to the supplier of groundhandling services or self-handling

airport user if they do not meet. for reasons of their own doing. the

criteria set Ollt in subregulation (I). When withholding or

withdrawing an approval. the Director shall communicate the grounds

for such action to the supplier or user concerned and to the managing

body of the airport.

II. (I)

The Director may by notice in writing served on any Fumlshmg of

person require him to furnish to thc Director. in such form and at such Cle., 10 lhe

time as may be specified in the notice. information of such Direclor

descriptions as may be so speci fied which relates to the accounts of

any person to whom the requirements of regulation 3 apply.

(2) Any person who fails without reasonable excuse to comply

with the requirements of a notice served upon him under

subregulation (1) shall be guilty of an offence.

(3) Any person who. in purported compliance with the

requirements of any such notice, knowingly or recklessly furnishes

information which is false in a material manner shall be guilty of an

offence.

(1)

Subject to subregulation (2). no information with Restriction on

respect to any particular business which has been obtained under or disclosure of

by virtue of regulation II shall, so long as the business continues to

be carried on. be disclosed without the consent of the person for the

time being carrying it all.

(2) Subregulation (I) does not apply to any disclosure of

information. which is made -

(a)

in connection with the investigation of any criminal

offence or for the purpose of any criminal proceedings

(b)

for the purpose of any civil proceedings brought

under or by virtue of these regulations.

(I)

Where. on an application made to him by the ProhibitIon of

suppliers and

managing body of an airport. the Director is satisfied that a supplier alrpon USers.

of groundhandling services or an airport user has failed to comply

with a rule imposed upon him to ensure the proper functioning of the

airport, and that rule -

(a)

is applied in a non-discriminatory manner to the

various suppliers of groundhandling services and airport users;

and

(b)

does not. in practice. reduce market access or the

freedom to self-handle to a level below that provided for in

these regulations.

lhe DirectOr may decide to prohibit. for such period as he thinks lit.

the supplier or user from supplying groundhandling serviccs or, as the

case may be. self-handling.

(2)

.A. decision made pursuant to subregulation (I) may apply

to one or more categories of groundhandling services.

(3) .A. supplicr of groundhandling services or an airport user in

relation to whom a decision has been made pursuant to subregulation

(I) shall not supply groundhandling services or. as the case may be.

self-handle in contravention of that decision.

(-I) In this regulation "rule" includes an obligation contained in

a law or in a regulation.

1-1. (I)

On an application from the managing body of an

airport. the Director may decide to reserve for the managing body of

the airport or for another person the management of the centralised

infrastrucrures used for the supply of ground handling services whose

complexity. cost or environmental impact does not allow for division

or duplication. such as baggage sorting. de-icing, water purification

and fuel distribution and stOrage systems.

(2) Where the management of a centralised infrastructure has

been reserved by the DirectOr pursuant to subregulation (I). a supplier

of groundhandling services or a self-handling airport uscr at that

airport shall not use any apparatus. equipment. system or other thing

for the supply of the groundhandling services concerned as an

alternative to that centralised infrastructure.

(3) The person for whom the management of a centralised

infrastructure has been reserved pursuant to subregulation (1) shall

ensure that the management of that infrastructure is tr:lnsparenl.

objective and non-discriminatOry and. in particular. that it does not

hinder the access of suppliers of groundhandling services or self-

handling airport users within the limits provided for in these

regulations.

(4)

On his own proposal or on an application made to him by-

(a)

the managing body of the airport conccrned.

(b)

the person for whom the management of the

centralised infrastructures in question has been reserved. where

that person is not the managing body of the airport concerned.

(c)

a supplier of groundhandling services. or

(d)

an airport user.

th~ Director may var;' from time to time or revoke n decision made

pursuant to subregulation ( I).

RCClP(OCll~

\\'here i 1 appears to the M i niSlcr that another

( I)

country. with respect to access to the groundhandling or self-handling

market -

(a)

does not. de jllre or de }CICIO. grant suppliers of

groundhandlillg services and self-handling airport users from

Malta treatment comparable to that granted by Malta to

suppliers of groundhGl1dling services and self-handling airport

users fr0111 that country: or

(b)

grants suppliers of 2roundhandling services and

self-handling airport users from that country or from other

countries more favourable treatment than suppliers of

groundhandling services and self-handling airport users from

Malta.

the Minister may wholly or partially suspend the obligations arising

from these regulations in respect of suppliers of groundhandling

services and airport users from that country.

(I) There shall be a Groundhandling Services Appeals Groundhandllng

S~l"\ll::cs

Board. consisting of three members. of whom one. who shall be the \ppcals Board

chairperson. shall be a person who has practised as an advocate for

not less than seven years.

(~) The members of the Board shall be appointcd by the

Minister for a period indicated in [heir letter of appoinrmeill and may

be so appointed for further periods as the Minister may deem

appropriate.

(3) A member of the Board may be challenged or abstain for

any of the reasons for which a judge may be challenged or abstain in

accordance with article 73-1 of the Code of Organisation and Civil c,p I'

Procedure. In any such case the Minister shall appoint a person.

having the qualifications of the member challenged or abstaining. to

sit as a member of the Board in substitution of the said member.

(-1) The Minister shall also designate a person to sen'e as

Secretary to the Board and such person shall serve in such capacity in

accordance with ethical standards which form part of public service

values.

I 7.

(I)

An appeal shall lie to the Groundhandling Sen'ices

Appeals Board against any decision or authorisation given under

regulations 7. 8. 9. 10 and 13.

(2)

The right to appeal shall be competent to any person

aggrieved by the decision or authorisation.

(3)

An appeal to the Board may be filed on any of the

following grounds

(a)

that a material error as to the facts has been made;

(b)

that there was a material procedural error;

(c)

that an error of law has been made

(d)

that there was some material illegality, including

unreasonableness or lack of proportionality.

(4) The Board shall give reasons for its decision and shall

cause such decisions to be made public omitting. if it deems it

appropriate for reasons of commercial or security confidentiality, the

names of the persons involved and any other information.

(5)

In determining an appeal under this regulation the Board

may -

(a)

dismiss the appeal; or

(b)

annul the decision or authorisation.

and where the Board annuls the decision or authorisation it may refer

the matter to the managing body of the airport or the Director. as the

case may be. with a direction to reconsider it and reach a decision or

authorisation consistent with the findings of the Board.

(6) The effect of a decision or authorisation to which an appeal

relates shall not, except where the Board or the Court of Appeal. as

the case may be. so orders. be suspended in consequence of the

bringing of the appeal.

(I)

The Board shall be competent to hear and decide

any appeal made to it in accordance with the provisions of these

regulations and. subject to regulation 19. the decisions of the Board

shall be final and binding.

(2) For the exercise of its functions, the Board may summon

any person to appear before it and give evidence and produce

documents: and the chairperson shall have the power to administer

the oath. The Board may also appoint experts to ad"ise the Board on

any technical issue that may b~ relevant to its decision.

(3)

For the purposes aforesaid the Board shall have the same

powers as are competent to the First Hall. Civil Court. according to

law.

(-l)

The Board shall regulate its own procedure.

(I)

Any party to an appeal to the Board who feels ,\ppe:!1 to th..

Coun of

aggrieved by a decision of the Board may. on a question of law. Appeal

appeal to the Court of Appeal (Inferior Jurisdiction) as constituted in

accordance with article -l I(6) of the Code of Organization and Ci"il Cap 12

Procedure by means of an application filed in the registry of that

Court within thirty days from the date on which that decision has

been notified to him.

(2) The fees contained in Schedule A to the Code of

Organisation and Civil Procedure shall apply to the filing of judicial

acts in connection with appeals under this regulation.

(3) The Board established under article 29 of the Code of

Organization and Civil Procedure may make Rules of Court

governing appeals to the Court of Appeal under this regulation.

(I)

A person who commits an offence under regulation PcnalllCS

3(2) and regulation II (2) shall be liable. on conviction. to a fine

(111ullO) not exceeding one thousand liri.

(2) A person who commits an offence under regulation 11(3)

and regulation 13(3) shall be liable. on conviction. to a fine (mil/fa)

not exceeding one thousand liri or to imprisonment for a term not

exceeding six months or both such fine and imprisonment.