Civil Aviation (Air Transport Licensing)

Suppliment tal-Gazzetta tal-Gvern ta’ Malta, Nru. 17,659, 5 ta’ Ottubru, 2004

L.N. 429 of 2004

CIVIL AVIATION ACT

(CAP. 232)

Civil Aviation (Air Transport Licensing)

(Fees) Regulations, 2004

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

Aviation Act, the Minister for Competitiveness and Communications,

with the concurrence of the Prime Minister and Minister of Finance has

made the following regulations>-

The title of these regulations is the Civil Aviation (Air Title.

Transport Licensing) (Fees) Regulations, 2004.

In these regulations, unless the context otherwise requires>-

Interpretation.

“the Act” means the Civil Aviation Act<

“Air Service Licence” means a licence issued under article 7

of the Act<

“air transport undertaking” means an undertaking whose

business includes the carriage by air of passengers or cargo for

payment or reward<

“the Director” means the Director of Civil Aviation and, to

the extent of the authority given, any person authorised on that

behalf by the Director<

“EEA Agreement” means the agreement in the European

Economic Area signed at Oporto on the 2nd May, 1992 as adjusted

by the Protocol signed at Brussels on the 17th March, 1993<

“EEA State” means a State which is a Contracting Party to

the EEA Agreement<

“Scheduled Air Service” means a series of flights that

possesses all the following characteristics>-

(a) it passes through the airspace over the territory of

more than one State< and

(b) it is performed by aircraft for the transport of

passengers, mail or cargo for remuneration, in such a manner

that each flight is open to use by members of the public< and

(c) it is operated, so as to serve traffic between the

same two or more points –

(i) either according to a published time table,

(ii) or with flights that are so regular or frequent

that they constitute a recognisable systematic series<

“specific route” means an air route operated on a scheduled

air service which commences in Malta and terminates in a non-

EEA State or vice versa.

Upon making an application for the issue of an air service

licence to an air transport undertaking, the applicant shall pay the

Director a fee, called the initial issue fee, as prescribed in the Schedule

to these regulations.

Renewal fee for air

For every year or part thereof following the first twelve months

of validity of an air service licence from its date of issue, the holder of

that licence shall pay the Director a fee, called the annual fee, in

accordance with the Schedule to these regulations.

For the issue of an approval to operate a specific route in

relation to an air service licence the holder of that licence shall pay the

Director a fee of five hundred liri.

For the issue of a copy of an air service licence an applicant

shall pay the Director a fee of twenty liri.

The fees referred to in regulations 3 and 4 hereof shall be

based on the maximum authorised seating capacity of the largest aircraft

which is used by the applicant and listed in his Air Operator’s Certificate

or which is operated by him under a wet lease agreement.

B

Schedule

(Regulations 3 and 4)

Maximum authorised

Initial issue fee

Annual fee

seating capacity

Less than 20 seats

Lm600

Lm200

More than 20 seats but less

Lm1000

Lm600

than 49 seats

More than 50 seats but less

Lm1500

Lm1000

than 99 seats

More than 100 seats but

Lm2500

Lm1500

less than 199 seats

More than 200 seats

Lm3500

Lm2500