Civil Aviation (Distribution of Traffic Rights) Regulations, 2007

Suppliment tal-Gazzetta tal-Gvern ta’ Malta, Nru. 18,036, 13 ta’ Frar, 2007

L.N. 23 of 2007

CIVIL AVIATION ACT

(CAP. 232)

Civil Aviation (Distribution of Traffic Rights) Regulations, 2007

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>-

The title of this order is the Civil Aviation (Distribution of Citation.

Traffic Rights) Regulations, 2007.

For the purposes of Article 5 of Regulation (EC) No 847#2004 Allocation of traffic

rights.

of the European Parliament and of the Council of 29 April 2004 on the

negotiations and implementation of air service agreements between

Member States and third countries, the distribution of traffic rights

among eligible Community air carriers shall be carried out by the

Director of Civil Aviation in accordance with a non-discriminatory and

transparent procedure.

(1) An appeal shall lie to The Traffic Rights Appeals Board Appeals.

against any decision given under regulation 2 by the Director of Civil

Aviation.

(2) The right to appeal shall be competent to the party

aggrieved by the decision.

(3) An appeal to the Board may be filed on any of the

following grounds>

(a)

that a material error as to the facts has been made<

(b) that there was a material procedural error<

(c)

that an error of law has been made<

(d) that there was some material illegality, including

unreasonableness or lack of proportionality.

(4) The Board shall give reasons for its decision and shall

cause such decisions to be made public omitting, if it deems it appropriate

for reasons of commercial or security confidentiality, the names of the

persons involved or any other information.

(5) In determining an appeal under this regulation the Board

may –

a) dismiss the appeal< or

b)

annul the decision

and where the Board annuls the decision it shall refer the matter to the

Director of Civil Aviation for its implementation.

(1) There shall be a Traffic Rights Appeals Board, hereinafter

“the Board”, consisting of three members, one of whom shall be the

chairperson having experience in the legal field.

(2) The members of the Board shall be appointed by the

Minister responsible for civil aviation for a period indicated in their

letter of appointment and may be so appointed for further periods as the

Minister may deem appropriate.

(3) A member of the Board may be challenged or abstain

for any of the reasons for which a judge may be challenged or abstain in

accordance with article 734 of the Code of Organization and Civil

Procedure. In any such case the Minister shall appoint a person, having

the qualifications of the member challenged or abstaining, to sit as

member of the Board in substitution of the said member.

(1) The Board shall be competent to hear and decide any

appeal made to it in accordance with the provisions of these regulations,

and, subject to regulation 6 hereof, the decisions of the Board shall be

final and binding.

(2) For the exercise of its functions, the Board may summon

any person to appear before it and give evidence and produce documents,

and the chairperson shall have the power to administer the oath. The

Board may also appoint experts to advise the Board on any technical

issue that may be relevant to its decision.

(3) For the purposes aforesaid the Board shall have the same

powers as are competent to the First Hall, Civil Court, according to

law.

(4) The Board shall regulate its own procedure.

(1) Any party to an appeal to the Board who feels aggrieved Appeal

of Appeal.

by a decision of the Board may, on a question of law, appeal to the

Court of Appeal (Inferior Jurisdiction) as constituted in accordance with

article 41(6) of the Code of Organization and Civil Procedure by means

of an application filed in the registry of that court within thirty days

from the date on which that decision has been notified to him.

(2) The fees contained in Schedule A to the Code of

Organization and Civil Procedure shall apply to the filing of judicial

acts in connection with appeals under this regulation.

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