Air Navigation (Amendment) (No. 4) Order 2004

Suppliment tal-Gazzetta tal-Gvern ta’ Malta, Nru. 17,664, 19 ta’ Ottubru, 2004

L.N. 445 of 2004

CIVIL AVIATION ACT

(CAP. 232)

Air Navigation (Amendment) (No. 4) Order 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 Order>-

The title of this Order is the Air Navigation (Amendment) Citation.

(No. 4) Order 2004, and it shall be read and construed as one with the

Air Navigation Order, 1990, referred to as “the principal Order”.

L.N. 176 of 1990.

In article 2 of the principal Order immediately after the Amends article 2

definition “EC Regulation 1592#2002”, there shall be inserted the of

Order.

following new definitions>

“ “EC Regulation 1702#2003” means the Implementing Rules

for the airworthiness and environmental certification of aircraft

and related products, parts and appliances, as well as for the

certification of design and production organisations<

“EC Regulation 2042#2003” means the Implementing Rules

on the continuing airworthiness of aircraft and aeronautical

products, parts and appliances, and in the approval of organisations

and personnel involved in these tasks<”.

Article 7 of the principal Order shall be amended as follows>- Amends article 7

of the principal

Order.

(a) in paragraph (1) thereof, after the words “in respect

thereof a certificate of airworthiness” there shall be inserted the

words “and an airworthiness review certificate,”<

(b) at the end of the first proviso to paragraph (1) thereof,

for the words “other country, of” there shall be substituted the

words “other country, or as defined within EC Regulation

1592#2002, of”< and

(c) in paragraph (2) thereof, after the words “the provisions

of article 8” there shall be inserted the words “,EC Regulation

1702#2003”.

Article 8 of the principal Order shall be amended as follows>-

(a) in paragraph (1) thereof, after the words “ in respect of

any aircraft a certificate of airworthiness” there shall be added the

words “, together with an airworthiness review certificate,”<

(b) in paragraph (6) thereof, after the words “ or a certificate

of validation” there shall be inserted the words “or an airworthiness

review certificate”<

(c) for sub-paragraph (b) (ii) of paragraph (6) thereof, there

shall be substituted the following>-

“(ii) required by a maintenance schedule or

maintenance programme approved by the Director in relation

to that aircraft< or”< and

(d) in sub-paragraph (c) of paragraph (6) thereof after the

words “State of Manufacture” there shall be inserted the words

“or by the European Aviation Safety Agency (EASA)” .

Article 9 of the principal Order shall be amended as follows>-

(a) in sub-paragraph (a) of paragraph (1) thereof, after the

words “a maintenance schedule” there shall be inserted the words

“or maintenance programme”<

(b) in paragraph (2) thereof, after the words “The approved

maintenance schedule” there shall be inserted the words “or

maintenance programme”<

(c) in sub-paragraph (b) of paragraph (3) thereof, the words

“JAR 66” and “JAR 145” shall be substituted by the words “JAR-

66#PART-66” and “JAR-145#PART-145” respectively<

(d) in the proviso to sub-paragraph (d) of paragraph (3)

thereof, after the words “a maintenance schedule” there shall be

inserted the words “or maintenance programme” and after the

words “ to that schedule” there shall be inserted the words “or

maintenance programme”< and

(e) in sub-paragraph (a) of paragraph (4) thereof, after the

words “the maintenance schedule” there shall be inserted the words

“or maintenance programme” .

Article 10 of the principal Order shall be amended as follows> Amends article 10

of the principal

Order.

(a) in sub-paragraph (a) (i) of paragraph (6) thereof, the

words “JAR 66” and “JAR 145” shall be substituted by the words

“JAR-66#PART-66” and “JAR-145#PART-145” respectively< and

(b) in sub-paragraph (a) (ii) of paragraph (6) thereof, the

words “JAR 66”, wherever they appear, shall be substituted by the

words “JAR-66#PART-66”.

Article 11 of the principal Order shall be amended as follows>- Amends article 11

of the principal

Order.

(a) paragraph (1) thereof shall be substituted by the

following>-

“(1) The Director may grant JAR-66#PART-66

Aircraft Maintenance Licences, subject to such conditions as

specified within JAR-66, or EC Regulation No 2042#2003

requirement, upon his being satisfied that the applicant is a

fit person to hold the licence and has furnished such evidence

and passed such examinations and tests as the Director may

require of him for the purpose of establishing that he has

sufficient knowledge, experience, competence and ability.”<

and

(b) in paragraph (2) thereof the words “JAR 66” wherever

they appear, shall be substituted by “JAR-66#PART-66”.

In paragraph (2) of article 13 of the principal Order, Amends article 13

of the principal

immediately after the words “set out in JAR OPS 1 and JAR OPS 3” Order.

there shall be added the words “,and satisfy EC Regulation 1702#2003”.

Paragraph (1) of the Fifth Schedule to the principal Order shall Amends the Fifth

Schedule to the

be substituted by the following>-

principal Order.

“1. Aircraft operated for public transport purposes registered

in Malta shall be equipped in accordance with the requirements

set forth in the edition of JAR-OPS 1 Commercial Air

Transportation (Aeroplanes) Sub Parts K and L and JAR-OPS 3

Commercial Air Transportation (Helicopters) Sub-Parts K and L

applicable in Malta at the time, and satisfy EC Regulation

1702#2003.”.

Part II of the Sixteenth Schedule to the principal Order shall

be amended as follows>-

(a) in paragraph 1 thereof, for the words from “Certificate

of Airworthiness – Issue” to the words “the applicant shall pay>”

there shall be substituted the words>

“EASA Form 25 Certificate of Airworthiness – Issue

Upon making an application for the first issue of a

Certificate of Airworthiness together with the Associated

Airworthiness Review Certificate EASA Form 15a or 15b

valid for one year of part thereof, the applicant shall pay>”<

and

(b) in paragraph 2 thereof, for the words from “Certificate

of Airworthiness – Renewal” to the words “the applicant shall pay>”

there shall be substituted the words>

“EASA Form 25 Certificate of Airworthiness –

Continuance

Upon making an application for the continuance of a

Certificate of Airworthiness by the renewal of the associated

Airworthiness Review Certificate EASA Form 15a or 15b

valid for one year or part thereof, the applicant shall pay>”.

Mitbug[ fl-Istamperija tal-Gvern — Printed at the Government Printing Press