Regulations, 2005

Suppliment tal-Gazzetta tal-Gvern ta’ Malta, Nru. 17,807, 19 ta’ Awissu, 2005

L.N. 296 of 2005

CIVIL AVIATION ACT

Civil Aviation (Noise Related Operating Restrictions at Airports)

Regulations, 2005

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

Aviation Act, the Minister for Competitiveness and Communications

has made the following regulations>-

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

Related Operating Restrictions at Airports) Regulations, 2005.

In these regulations, unless the context otherwise requires>

Interpretation.

“airport” means a civil airport within the European

Community which has more than 50,000 movements of civil

subsonic jet aeroplanes per calendar year, where a movement is a

take-off or landing, taking into consideration the average amount

of the last three calendar years before the application of the

provisions of the Directive to the relative airport<

“civil subsonic jet aeroplanes” means aeroplanes with a

maximum certificated take-off mass of 34,000 kg or more, or with

a certified maximum internal accommodation for the relative

aeroplane type consisting of more than 19 passenger seats,

excluding any seats for crew only<

“the Directive” means Directive 2002#30#EC of the European

Parliament and of the Council of the 26 th March, 2002 on the

establishment of rules and procedures with regard to the

introduction of noise related operating restrictions at Community

airports<

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

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

behalf by the Director<

“marginally compliant aeroplanes” means civil subsonic jet

aeroplanes that meet the certification limits laid down in Volume

1, Part II, Chapter 3 of Annex 16 to the Convention on International

Civil Aviation by a cumulative margin of not more than 5EPNdB

(Effective Perceived Noise in decibels), whereby the cumulative

margin is the figure expressed in EPNdB obtained by adding the

individual margins (namely the differences between the certificated

noise level and the maximum permitted noise level) at each of the

three reference noise measurement points as defined in the said

certification limits<

“operating restrictions” means noise related action that limits

or reduces the access of civil subsonic jet aeroplanes to an airport<

it includes operating restrictions aimed at the withdrawal from

operations of marginally compliant aeroplanes at specific airports,

as well as operating restrictions of a partial nature affecting the

operation of civil subsonic aeroplanes according to the time period<

“interested parties” means natural or legal persons affected,

or likely to be affected by, or having a legitimate interest in the

introduction of, noise reduction measures including operating

restrictions<

The Director shall take any such measures with regard to an

airport, such as operating restrictions and economic incentives as well

as the withdrawal of marginally compliant aeroplanes, to deal with noise

problems at airports within Malta and when doing so he shall take into

account the provisions of the Directive.

The Director shall allow marginally compliant civil subsonic

jet aeroplanes registered in developing countries to operate in airports

located in Malta up to the 25 th March, 2012 provided that such aircraft

are noise certified in accordance with Volume 1, Part II, Chapter 3 of

Annex 26 to the Convention on International Civil Aviation, that they

were used at the airport between the 1 st January, 1996 and the 31 st

December, 2001, and that during such period the aircraft were on the

register of such developing countries and continue to be operated by a

national or legal person established in that country.

The Director may in certain cases exempt airports from these

regulations and authorise the individual operation on an ad hoc basis of

marginally compliant aircraft which would otherwise not be permitted

under these regulations. Such authorisation shall, however, be limited

to aircraft whose individual operations are of such an exceptional nature

that it would be unreasonable to withhold a temporary authorisation,

and which are being operated for non-revenue flights for alterations,

repair or maintenance.

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