Civil Aviation (Air Fares) Regulations, 2004

Suppliment tal-Gazzetta tal-Gvern ta’ Malta, Nru. 17,541, 17 ta’ Frar, 2004

L.N. 77 of 2004

CIVIL AVIATION ACT

(CAP. 232)

Civil Aviation (Air Fares) Regulations, 2004

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

Aviation Act, the Minister responsible for Transport and

Communications has made the following regulations:-

(1) The title of these regulations is the Civil Aviation Citation and

commencement.

(Air Fares) Regulations, 2004.

(2) These regulations shall come into force on such date or

dates as the Minister responsible for Transport and Communications

may, by notice in the Gazette, appoint.

In these regulations, unless the context otherwise requires - Interpretation.

"Agreement" means an agreement between groups of States to

which Malta is a party, reciprocally granting to citizens of such States

or their dependants the right to enter, remain and reside in and leave

the country of such States, to move freely within such States for such

period as may be established in the agreement and to work or

establish, provide or receive services therein; and "Agreement State"

shall be construed accordingly;

"air fares" means the prices to be paid by passengers to air

carriers or their agents for the carriage of them and for the carriage of

their baggage on air services and any conditions under which those

prices apply, including remuneration and conditions offered to

agency and other auxiliary services;

"air service" means a flight or series of flights carrying

passengers, cargo and, or mail for remuneration and, or hire;

"air transport undertaking" means a person whose business

includes the carriage by air of passengers or cargo for hire or reward;

"basic fare" means the lowest fully flexible fare, available on a

one way and return basis, which is offered for sale at least to the same

extent as that of any other fully flexible fare offered on the same air

service;

"cargo rates" means the prices to be paid for the carriage of

cargo and the conditions under which those prices apply, including

remuneration and conditions offered to agency and other auxiliary

services;

"charter fares" means the prices to be paid by passengers to

charterers for services which constitute or include their carriage and

the carriage of their baggage on air services and any conditions under

which those prices apply, including remuneration and conditions

offered to agency and other auxiliary services;

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

extent of the authority given, any person so authorised in that behalf

by the Director;

"seat rates" means the prices to be paid by charterers to air

transport undertakings for the carriage on air services of the charterer

on its customers and their baggage and any conditions under which

those prices apply, including remuneration and conditions offered to

agency and other auxiliary services;

"standard cargo rates" means the rates which the air transport

undertaking would normally quote including the availability of

normal discounts.

(1) Air transport undertakings of Agreement States

operating scheduled air services to and from Malta shall set air fares

without requiring any approval from the Director.

(2) Air fares set by virtue of subregulation (1) shall not be

required to be filed with the Director more than twenty-four hours,

including a working day, before the air fares come into effect, except

in the case of matching an existent fare for which no more than prior

notification is required.

(3) An air fare may be available for sale and carriage as long

as it is not withdrawn in accordance with regulation 4.

(4) All air transport undertakings of Agreement States

operating in Malta shall inform the general public, on request, of all

air fares and standard cargo rates.

(1) Subject to the provisions of this regulation, the

Director may decide, at any moment

(a) to withdraw a basic fare which, taking into account

the whole fare structure for the route in question and other

relevant factors including the competitive market situation, is

excessively high to the disadvantage of users in relation to the

long term fully-allocated relevant costs of the air carrier,

including a satisfactory return on capital;

(b) to stop, in a non-discriminatory way, further fare

decreases in a market, whether on a route or a group of routes,

when market forces have led to sustained downward

development of air fares deviating significantly from ordinary

seasonal pricing movements and resulting in widespread losses

among all air carriers concerned for the air services concerned,

taking into account the long term fully allocated relevant costs

of the air transport undertakings.

(2) A decision taken pursuant to subregulation (1) shall be

notified with reasons to the relevant authorities of the other

Agreement States involved as well as to the air transport undertakings

concerned.

(3) If within fourteen days of the date of receiving notification

no relevant authority of any Agreement State concerned has notified

disagreement stating its reasons, the Director may instruct the air

transport undertaking concerned to withdraw the basic fare or to

abstain from further fare decreases, as appropriate.

(4) In the case of disagreement, the Director may consult the

relevant authority of the Agreement State involved to review the

situation.

Charter fares and seat and cargo rates charged by air Charter fares

transport undertakings of Agreement States shall be set by free and

cargo rates.

agreement between the parties to the contract of carriage.

(1) Where a permission granted under article 9 of the Filing and

Civil Aviation Act to an air transport undertaking of a non-Agreement approval

tariffs – air

State contains a tariff provision, the operator or charterer of the transport

undertakings of

aircraft concerned shall file with the Director the tariff which it non-Agreement

proposes to apply on flights to which the said permission relates and States.

the Director shall consider the proposed tariff and may, if he thinks

fit, approve or disapprove it.

(2) For the purposes of this regulation, "tariff provision"

means a condition as to any of the following matters

(a)

the price to be charged for the carriage of

passengers, baggage or cargo on flights to which a permission

granted under article 9 of the Civil Aviation Act relates;

(b) any additional goods, services or other benefits to be

provided in connection with such carriage;

(c)

the prices, if any, to be charged for any such

additional goods, services or benefits; and

(d) the commission, or rates of commission, to be paid

in relation to the carriage of passengers, baggage or cargo;

and includes any condition as to the applicability of any such price,

the provision of any such goods, services or benefits or the payment

of any such commission or of commission at any such rate.