Civil Aviation (Provision of Air Navigation Services) Order, 2006

Suppliment tal-Gazzetta tal-Gvern ta’ Malta, Nru. 17,999, 21 ta’ Novembru, 2006

L.N. 281 of 2006

CIVIL AVIATION ACT

(CAP. 232)

Civil Aviation (Provision of Air Navigation Services) Order, 2006

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

Aviation Act, the Minister for Competitiveness and Communications

has made the following Order>-

(1) The title of the Order is the Civil Aviation (Provision of Title and

commencement.

Air Navigation Services) Order, 2006.

(2) The Order shall come into force on the date of its

publication except for the following articles of this Order>-

(a) article 3 in relation to ESARR 1 which shall come into

force on the 1st November, 2007>

(b) article 4(1) in relation to the provision of meteorological

services for air navigation, on such date as the Minister responsible

for Civil Aviation may by notice in the Gazzette appoint< and

(c) article 4 (4) in relation to ESARR 3 and ESARR 4 and

articles 9 and 10 which shall come into force on the 1st April,

2007< and

(d) article 4 (4) in relation to ESARR 6 which shall come

into force on the 6th November, 2006.

In this Order, unless the context otherwise requires-

Interpretation.

“air navigation services” means the Air Traffic Services, the

Communication, Navigation and Surveillance Services, the

Meteorological Services for Air Navigation, and the Aeronautical

Information Services<

“Air Traffic Management (ATM)” means the aggregation of

airborne and ground based ( Air Traffic Services, Airspace

Management, Air Traffic Flow Management) functions required

to ensure the safe and efficient movement of aircraft during all

appropriate phases of operations<

“air navigation service provider” means an organisation

responsible and authorised to provide air navigation services<

“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<

“ESARR” means a EUROCONTROL Safety Regulatory

Requirement<

“EUROCONTROL” means the European Organization for

the Safety of Air Navigation<

“ICAO” means the International Civil Aviation Organization<

“Regulation EC No. 549#2004” means the European

Parliament and Council Regulation of the 10th March, 2004 laying

down the framework for the creation of the Single European Sky<

“Safety Management System (SMS)” means a systematic and

explicit approach defining the activities by which safety

management is undertaken by an organisation in order to achieve

acceptable or tolerable safety.

The National Supervisory Authority responsible for the

safety oversight and certification of an air navigation service provider

for the purposes of Regulation EC No. 549#2004 shall be the Director,

who shall also ensure the application of the requirements contained

in ESARR 1.

(1) No person shall provide an air navigation service in

Maltese airspace or in airspace outside of Malta where Malta has in

pursuance of international arrangements, undertaken to provide air

navigation services, otherwise than under and in accordance with the

terms of an air navigation service certificate granted to him by the

Director.

(2) The Director shall grant an air navigation service

certificate if he is satisfied that the applicant is competent, having regard

to his organisation, staffing, equipment, maintenance and other

arrangements, to provide a service which is safe for use by aircraft.

(3) An air navigation service certificate may be granted

subject to such conditions as the Director thinks fit and shall, subject to

the provisions of article 13, remain in force for the period specified

therein.

(4) The person in charge of providing an air navigation

service and operating under an air navigation service certificate shall

comply with the provisions of the ICAO Annexes and Documents, and

the ESARR documents listed in the Schedule to this Order as applicable.

The Director may cause such inspection and audits as he deems Access and

inspections.

fit for the purpose of this Order and any person authorised to do so in

writing by the Director may at any reasonable time inspect and oversee

any premises, equipment, technical records and other relevant documents

that an air traffic management provider possesses in order to discharge

his duties and obligations, and may for that purpose enter into any

aerodrome or premises.

No person shall obstruct or impede any person acting in the Obstruction of

persons.

exercise of his powers or the performance of his duties under this Order.

A person shall not provide an air navigation service at any Manual of air

navigation services.

place unless>-

(a) the service is provided in accordance with the standards

and procedures specified in a manual of air navigation services in

respect of that place and the type of air navigation services provided<

(b) the manual is produced to the Director within a

reasonable time after a request for its production is made by the

Director< and

(c) such amendments or additions have been made to the

manual as the Director may from time to time require.

(1) The Director may, in the interest of safety and in relation Directions and

to the services being provided by an air navigation service provider safety directives.

issue a direction to that provider to cause him to take any specific action

as the Director thinks fit.

(2) The Director shall issue a safety directive to an air

navigation service provider when an unsafe condition has been

determined to exist in a system. The directive shall identify the unsafe

condition, the affected system, the action required and their rationale,

the compliance time for the required action and the date of entry into

force. The air navigation service provider shall comply with the safety

directive as required.

(1) A provider of air traffic management shall comply with

the requirements of ESARR 3 document by establishing a safety

management system which>-

(a) ensures a formalised, explicit and pro-active approach

to systematic safety management in meeting its safety

responsibilities within the provision of ATM services<

(b) operates in respect of all ATM and supporting services

which are under its managerial control<

(c) includes, as its foundation, a statement of safety policy

defining the organization’s fundamental approach to managing

safety<

(d) ensures that everyone involved in the safety aspects of

ATM service-provision has an individual safety responsibility for

their own actions, and that managers are responsible for the safety

performance of their own organisations<

(e) ensures that the achievement of satisfactory safety in

the ATM shall be afforded the highest priority over commercial,

operational, environmental or social pressures<

(f) ensures that while providing an ATM service, the

principal safety objective is to minimise the ATM contribution to

the risk of an aircraft accident as far as reasonably practicable.

(2) The Safety Management System shall be operated by

qualified and competent staff who shall ensure that>-

(a) a safety management function is identified with

organizational responsibility for development and maintenance of

the safety management system<

(b) this point of responsibility is, wherever possible,

independent of line management, and accountable directly to the

highest organizational level<

(c) in the case of small organizations where combination of

responsibilities may prevent sufficient independence in this regard,

the arrangements for safety assurance are supplemented by

additional independent means<

(d) the highest level of the service provider organization

plays a general role in ensuring safety management<

(e) wherever practicable, quantitative safety levels are

derived and are maintained for all systems<

(f) risk assessment and mitigation is conducted to an

appropriate level to ensure that due consideration is given to all

aspects of ATM<

(g) changes to the ATM system are assessed for their safety

significance, and ATM system functions are classified according

to their safety severity<

(h) appropriate mitigation of risks where assessment has

shown this to be necessary due to the safety significance of the

change<

(i) the SMS is systematically documented in a manner,

which provides a clear link to the organization’s safety policy<

(j) adequate and satisfactory justification of the safety of

the externally provided services, having regard to their safety

significance within the provision of the ATM service<

(k) ATM operational or technical occurrences which are

considered to have significant safety implications are investigated

immediately, and any necessary corrective action is taken.

(3) A provider of air traffic management shall ensure that>- Safety surveys,

monitoring and

records.

(a) safety surveys are carried out as a matter of routine, to

recommend improvements where needed, to provide assurance to

managers of the safety of activities within their areas and to confirm

conformance with applicable parts of their Safety Management

Systems<

(b) methods are in place to detect changes in systems or

operations which may suggest any element is approaching a point

at which acceptable standards of safety can no longer be met, and

that corrective action is taken<

(c) safety records are maintained throughout the SMS

operation as a basis for providing safety assurance to all associated

with, responsible for or dependent upon the services provided, and

to the safety regulatory authority<

(d) the results and conclusions of the risk assessment and

mitigation process of a new or changed safety significant system

are specifically documented, and that this documentation is

maintained throughout the life of the system<

(e) the lessons arising from safety occurrence investigations

and other safety activities are disseminated widely within the

organization at management and operational levels<

(f) all staff are actively encouraged to propose solutions to

identified hazards< and

(g) changes are made to improve safety where they appear

needed.

(1) A provider of air traffic management shall comply with

the requirements of ESARR 4 to ensure that hazard identification as

well as risk assessment and mitigation are systematically conducted for

any changes to those parts of the air traffic management system and

supporting services within his managerial control, in a manner which

addresses>-

(a) the complete life cycle of the constituted part of the ATM

system under consideration, from initial planning and definition

to post implementation operation, maintenance and de-

commissioning<

(b) the airborne and ground components of the ATM system

through cooperation with responsible parties< and

(c) the three different types of ATM elements (human,

procedures and equipment), the interaction between these elements

and the interaction between the constituent part under consideration

and the remainder of the ATM system.

(2) The hazard identification, risk assessment and mitigation

processes shall include>-

(a) a determination of the scope, boundaries and interfaces

of the constituent part being considered, as well as the identification

of the functions that the constituent part is to perform and the

environment of operations in which it is intended to operate<

(b) a determination of the safety objectives to be placed on

the constituent part, incorporating>-

(i) an identification of ATM-related credible hazards

and failure conditions, together with their combined effects<

(ii) an assessment of the effects they may have on the

safety of aircraft, as well as an assessment of the severity of

those effects, using the severity classification scheme provided

in ESARR 3 Appendix A< and

(iii) a determination of their tolerability, in terms of

the hazard’s maximum probability of occurrence, derived

from the severity and the maximum probability of the hazard’s

effects, in a manner consistent with ESARR 3 Appendix A<

(c) the derivation, as appropriate, of a risk mitigation

strategy which>-

(i) specifies the defences to be implemented to protect

against the risk-bearing hazards<

(ii) includes, as necessary, the development of safety

requirements potentially bearing on the constituent part under

consideration, or other parts of the ATM System, or equivalent

of operations< and

(iii) presents an assurance of its feasibility and

effectiveness<

(d) Verification that all identified safety objectives and

safety requirements have been met>-

(i) prior to its implementation of the change<

(ii) during any transition phase into operational service<

(iii) during its operational life< and

(iv) during any transition phase till decommissioning.

(3) The results, associated rationales and evidence of the

risk assessment and mitigation processes, including hazard identification,

shall be collated and documented in a manner which ensures that>-

(a) correct and complete arguments are established to

demonstrate that the constituent part under consideration, as well

as the overall ATM System are, and will remain, tolerably safe

including, as appropriate, specifications of any predictive,

monitoring or survey techniques being used< and

(b) all safety requirements related to the implementation of

a change are traceable to the intended operations#functions.

(1)

A provider of air traffic management shall ensure that>-

(a) whilst on duty staff employed as air traffic controllers

or student air traffic controllers are properly licensed as required

under the Air Navigation Order, 1990 and meet the medical and

physical fitness requirements laid out in the same Order< and

(b) in accordance with ESARR 5 technical and engineering

personnel employed to install and maintain equipment used for

the provision of air traffic control services are properly trained

and qualified. Training records shall be maintained for technical

and engineering personnel and such records shall be made available

for examination by the Director if he so requires.

(2) A person who fails to comply with the requirements of

sub-article (1) of this article shall be guilty of an offence.

(1) A person who becomes aware of either through

assessment of ATM

involvement or by having witnessed, an ATM related occurrence in

which there is an actual or potential threat to flight safety or can

compromise the provision of safe ATM services and which falls within

the definitions of Appendix A to ESARR 2, shall report such an

occurrence in writing to the Director within 96 hours.

(2) A person who fails to comply with the requirements of

sub-article (1) of this Article shall be guilty of an offence.

(3) A provider of an air navigation service shall record,

secure and store data concerning ATM occurrences in such a manner

which will ensure its quality and confidentiality whilst permitting

subsequent collation and assessment.

(4) (a) The Director shall be responsible for analysing and

classifying by severity and risk in accordance with ESARR 2 such

occurrences and shall do so without delay to identify the extent to which

the ATM system helped or could have helped to reduce the risk incurred.

(b) The analyses mentioned in paragraph (a) of this

sub-article shall include safety recommendations and the Director shall

monitor the implementation of any corrective measures that are

recommended to be taken.

(5) An annual report of ATM occurrences shall be submitted

to EUROCONTROL by the Director in accordance with Appendix B

of ESARR 2.

(1) (a) The Director, may, if he thinks fit, provisionally Revocation,

suspension and

suspend or vary an air navigation services certificate issued under this variation of an air

Order pending inquiry into or consideration of the reasons for such navigation

certificate.

suspension or variation.

(b) The Director may, on sufficient ground being

shown to his satisfaction after due inquiry, revoke, suspend or vary an

air navigation services certificate.

(2) The person having possession or custody of an air

navigation services certificate which has been revoked, suspended or

varied, shall surrender it to the Director within a reasonable time after

being required to do so by the Director.

(3) The breach of any condition subject to which an air

navigation services certificate has been granted shall in the absence of

provisions to the contrary in the document, render the document invalid

during the continuance of the breach.

Any person who without reason acceptable to the Director Enforcement of air

traffic directions

fails to comply with any direction or safety directive issued under article and safety

8 of this Order shall be deemed for the purpose of this Order to have directives.

contravened that provision.

(1) A person who commits an offence under articles 6, Penalties.

11(2), and 14 shall be liable, on conviction, to a fine (multa) not

exceeding five hundred liri.

(2) A person who commits an offence under article 12 (2)

shall be liable, on conviction, to a fine (multa) not exceeding two hundred

liri< and in a second or subsequent offence to a fine (multa) not exceeding

five hundred liri, or to imprisonment for a term not exceeding six months

or to both such fine and imprisonment.

The Air Navigation (Air Traffic Management) Order, 2004 Repeals L.N. 79 of

2004. is hereby repealed.

Schedule

Annex 3 is the ICAO document entitled “Meteorological Services for Air

Navigation”

Annex 10 is the ICAO document entitled “Aeronautical Telecommunications”

Annex 11 is the ICAO document entitled “Air Traffic Services”

Annex 15 is the ICAO document entitled “Aeronautical Information Services”

Doc RAC 4444 is the ICAO document entitled “Procedures for Air Navigation

Services - Air Traffic Management”

Doc 7030 is the ICAO document entitled “Regional Supplementary Procedures”.

ESARR 1 is the EUROCONTROL document entitled “Safety oversight in ATM”

Edition 1.0 dated 5 November 2004

ESARR 2 is the EUROCONTROL document entitled “Reporting and Assessment

of Safety Occurrences in ATM”, Edition 2.0 dated 3 November 2000.

ESARR 3 is the EUROCONTROL document entitled “Use of Safety Management

Systems by ATM Service providers” Edition 1.0 dated 17 July 2000.

ESARR 4 is the EUROCONTROL document entitled “Risk Assessment and

Mitigation in ATM” Edition 1.0, dated 05 April 2001.

ESARR 5 is the EUROCONTROL document entitled “ATM Services’ Personnel”

Edition 2.0, dated 11 April 2002.

ESARR 6 is the EUROCONTROL document entitled “Software in ATM Systems”

Edition 1.0 dated 06 November 2003.