Air Navigation (Amendment) Order, 2008

Suppliment tal-Gazzetta tal-Gvern ta’ Malta, Nru. 18,253, 23 ta’ Mejju, 2008

L.N. 139 of 2008

CIVIL AVIATION ACT

(CAP. 232)

Air Navigation (Amendment) Order, 2008

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

Aviation Act, the Minister for Infrastructure, Transport and

Communications, has made the following order>

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

Order, 2008, and the order shall be read and construed as one with the

Air Navigation Order, 1990, hereinafter referred to as “the principal L.N. 176 of 1990.

In sub-article (1) of article 2 of the principal Order -

Amends article 2 of

the principal Order.

(a) immediately after the definition “Directive 2004#36#CE”

there shall be inserted the following definition>

“ “Directive 2006#23#EC” is the Directive 2006#23#EC

of the European Parliament and of the Council of 5 April

2006 on a Community air traffic controller licence<” and

(b) immediately after the definition “record” there shall be

inserted the following definition>

“ “Regulation (EC) No 550#2004” is the Regulation (EC)

No 550#2004 of the European Parliament and of the Council

of 10 March 2004 on the provision of air navigation services

in the Single European Sky<”.

For article 63 of the principal Order there shall be substituted Substitutes article

63 of the principal

the following new article>

Order.

“Licensing of

63. (1) The Director shall grant a licence, subject to

controllers, such conditions as he thinks fit, to any person to act as an air

traffic controller, or as a student air traffic controller, or as an

apron controller, or as a student apron controller, if he is

satisfied that the applicant is a fit person to hold the licence

by reason of his knowledge, experience, competence,

linguistic proficiency, skill, physical and mental fitness so to

act, and for that purpose the applicant shall furnish such

evidence and undergo such examinations and tests, including

medical examinations, as the Director may require>

Provided that the Director shall only grant –

(a) a student air traffic controller’s licence, to a

person who is at least eighteen years old, and holds a

secondary education certificate and who has successfully

completed approved initial training relevant to the rating

and, rating endorsement as applicable and as set out in

Schedule 9< holds a valid medical certificate< and has

demonstrated an adequate level of linguistic proficiency

in accordance with the requirements set out in Schedule

9, and provided that the licence contains at least one

rating and one rating endorsement, if applicable< or

(b) an air traffic controller’s licence, to a person

who is at least twenty one years old, holds a student

licence, is sufficiently trained in safety, security and crisis

management, has completed an approved unit training

plan and successfully passed the appropriate

examinations or assessments in accordance with the

requirements set out in Schedule 9, holds a valid medical

certificate< and has demonstrated an adequate level of

linguistic proficiency in accordance with the

requirements set out in Schedule 9. The licence shall be

validated by the inclusion of one or more ratings and the

relevant rating, unit and language endorsements for

which training was successfully completed< or

(c) an instructor endorsement to holders of an air

traffic controller licence who has provided air traffic

control services for an immediately preceding period of

at least one year, or such longer duration as is fixed by

the Director having regard to the ratings and

endorsements for which instruction is given, and has

successfully completed an approved on-the-job training

instructor course during which the required knowledge

and pedagogical skills were assessed through appropriate

examinations< or

(d) a student apron controller’s licence to a person

who is at least eighteen years old< or

(e) an apron controller’s licence to a person who

is at least twenty one years old, holds a student apron

controller’s licence and has completed an approved

training plan and successfully passed the appropriate

examination or assessments, holds a valid medical

certificate and has demonstrated an adequate level of

linguistic proficiency.

(2) An air traffic controller’s licence, or a student air

traffic controller’s licence should include the items set out in

Schedule 9.

(3) Every licence to act as an air traffic controller shall

include>

(a) ratings of one or more of the classes set forth

in Schedule 9 specifying the type of air traffic control

service which the holder of the licence is competent to

provide,

(b) the air traffic control unit at which the service

may be provided,

(c) where applicable the operational positions or

sectors on which the air traffic controller is competent

to provide an air traffic control service, and

(d) the type of surveillance equipment.

If throughout any period of 120 days, the holder of the

licence has not for a minimum period of time specified by the

Director, provided at a particular unit the type of air traffic

control service specified in the rating, the rating shall, without

prejudice to the Director’s powers under article 60, cease to

be valid for that unit at the end of that period, and upon a

rating ceasing to be valid for a unit the holder of the licence

shall forthwith inform the Director to that effect and shall

forward the licence to the Director to enable him to endorse it

accordingly.

(4) Every licence to act as a student air traffic controller

shall be valid only for the purpose of authorising the holder

to provide air traffic control service under the supervision of

another person who is present at the time and is the holder of

a valid air traffic controller’s licence which includes an On-

the-Job Training Instructor endorsement and a rating

specifying the type of air traffic control service which is being

provided by the student air traffic controller and valid for the

air traffic control unit where the service is being provided.

(5) Every licence to act as an apron controller shall

include a list of the places at which he may provide apron

management service. If throughout any period of one hundred

and twenty days, the holder of the licence has not, for a

minimum period of time to be specified by the Director,

provided at a particular place apron management service, the

licence shall, without prejudice to the Director’s powers under

article 60, cease to be valid for that place at the end of that

period, and upon a licence ceasing to be valid for a place the

holder of the licence shall forthwith inform the Director to

that effect and shall forward the licence to the Director to

enable him to endorse it accordingly.

(6) Every licence to act as a student apron controller

shall be valid only for the purpose of authorising the holder

to provide apron management service under the supervision

of another person who is present at the time and is the holder

of a valid apron controller’s licence which is valid at the place

in question.

(7) A licence to act as an air traffic controller, or a

student air traffic controller, or as an apron controller, or as a

student apron controller, shall not be valid unless it bears the

signature of the holder.

(8) (a) Subject to the provision of article 60, a student

air traffic controller’s licence shall remain in force for a

maximum period of two years, and its validity may be renewed

by the Director from time to time, upon his being satisfied

that the applicant is a fit person and is qualified as aforesaid.

(b) Subject to the provisions of article 60, an air

traffic controller’s licence shall remain in force for the period

indicated in the licence and if no period is indicated in the

licence, subject to the aforesaid, it shall remain in force for

the lifetime of the holder.

(9) Subject to the provisions of article 60, a student

apron controller’s licence and an apron controller’s licence

shall remain in force for maximum periods of two years, and

their validity may be renewed by the Director from time to

time, upon his being satisfied that the applicant is a fit person

and is qualified as aforesaid.

(10) Every applicant and holder of an air traffic

controller’s licence, or a student air traffic controller’s

licence, or an apron controller’s licence, or a student apron

controller’s licence, shall upon such occasions as the

Director may require -

(a) submit himself to medical examination by a

person approved by the Director either generally or in a

particular case who shall make a report to the Director

in such form as the Director may require< and

(b) submit himself to such examinations and tests

and furnish such evidence as to his knowledge,

experience, competence and skill as the Director may

require, and such examinations and tests may be

conducted by the Director or by a person approved by

the Director< and

(c) submit himself to such tests to determine

whether he is using any psychoactive substances by a

person approved by the Director either generally or in a

particular case who shall make a report to the Director

in such form as the Director may require.

(11) On the basis of the medical examination referred

to in sub-article (9), the Director or any person approved by

him as competent to do so may issue a medical certificate

subject to such conditions as the Director or the person

approved by him thinks fit to the effect that the holder of the

licence has been assessed as fit to perform the functions to

which the licence relates. The certificate shall, without

prejudice to article 66, be valid for such period as is therein

specified, and shall be deemed to form part of the licence.

(12) (a) The holder of an air traffic controller’s

licence, or a student air traffic controller’s licence, or an

apron controller’s licence, or a student apron controller’s

licence shall not provide any type of air traffic control

service or apron management service, as the case may be,

at an air traffic control unit or place as is referred to in

articles 64 and 65 (1) –

(i) unless his licence includes a medical certificate

issued and in force under subarticle (11), or

(ii) if he fails a medical examination whilst his

previous medical certificate has not yet expired, or

(iii) he is under the influence of a psychoactive

substance including any medicine that might have a

negative influence on his capacity to perform a safe

service, or

(iv) whenever there is any decrease in his medical

fitness which might render him unable to safely and

properly exercise the licence privileges.

(b) Medical certificates shall be issued by a

competent medical body or by medical examiners approved

by the Director, and shall be consistent with the provisions of

Annex 1 to the Chicago Convention on International Civil

Aviation and the Requirements for European Class 3 Medical

Certification of Air Traffic Controllers laid down by

Eurocontrol.

(c) Medical Certificates shall be valid from the

date of the medical examination and for 24 months thereafter

for air traffic controllers up to the age of 40 years and for 12

months above that age. A medical certificate may be revoked

at any time if the medical condition of the holder so requires.

(d) The Director shall ensure that effective review

or appeal procedures are in place with the appropriate

involvement of independent medical advisors.

(e) A licence holder shall notify his employers that

he is becoming aware of any decrease in medical fitness or is

under the influence of any psychoactive substance or medicine

which might render him unable to exercise the privileges of

the licence safely and properly.

(13) The Director may issue to a suitably qualified air

traffic controller an On-the-Job Training Instructor

endorsement in an air traffic controller’s licence, subject to

such conditions as he thinks fit, to enable him to supervise

student air traffic controller licence holders, or trainee air traffic

controllers, whilst such student or trainee air traffic controller

provides an operational air traffic control service during on

the job training.

The instructor endorsement shall indicate that the holder

of the licence is competent to provide training and supervision

at a working position for areas covered by a valid rating.”.

Immediately after article 63 of the principal Order there shall Adds new article

63A to the principal

be added the following new article>

Order.

63A. (1) An air traffic controller shall demonstrate

the ability to speak and understand English to a satisfactory

standard. Proficiency shall be determined in accordance with

the language proficiency rating scale set out in Schedule 9.

(2) For reasons of safety an air traffic controller

exercising privileges under an Aerodrome Control rating shall

be also proficient in the Maltese language.

(3) The level required of language endorsements

shall be level 4 of the language proficiency rating scale set

out in Schedule 9.

(4) Language proficiency shall be demonstrated

by a certificate issued under a transparent and objective

assessment procedure approved by the Director.”.

Immediately after article 63A of the principal Order there shall Adds new article

63B to the principal

be added the following new article>

Order.

63B. (1) An air traffic controller shall hold a unit

Endorsements

endorsement entered on and forming part of his licence,

conditions for

maintaining indicating the ICAO location indicator and the sectors and,

or working positions where he is competent to work.

endorsements.

(2) (a) Unit endorsements shall be valid for

an initial period of 12 months, and shall be extended for the

following 12 months if the air navigation service provider

demonstrates that>

(i) the applicant has been exercising the privileges

of the licence for a minimum number of hours, as

indicated in the approved unit competence scheme,

throughout the previous 12 months<

(ii) the applicant’s competence has been assessed

in accordance with Schedule 9< and

(iii) the applicant holds a valid medical certificate.

(b) The minimum number of working hours,

leaving aside instruction tasks, required to maintain the

validity of the unit endorsement may be reduced by the

Director for on-the-job training instructors in proportion to

the time spent in the instruction of trainees on the working

positions for which the extension is applied.

(3) Where unit endorsements cease to be valid, a unit

training plan must be successfully completed so as to

revalidate the endorsement.

(4) The holder of a rating or rating endorsement who

has not been providing air traffic control services associated

with the rating or rating endorsement for any period of four

consecutive years may only commence unit training in that

rating or rating endorsement after appropriate assessment as

to whether such holder continues to satisfy the conditions of

that rating or rating endorsement, and after satisfying any

training requirements that result from this assessment.

(5) The language proficiency of an applicant shall be

formally evaluated at regular intervals, except in the case of

applicants who have demonstrated proficiency level 6. This

interval shall be no longer than 3 years for applicants who

demonstrate proficiency level 4 and no longer than 6 years

for applicants who demonstrate procificiency level 5.

(6) The instructor endorsement shall be valid for a

renewable period of 36 months.”.

Immediately after article 63B of the principal Order there shall

be added the following new article>

63C. (1) The provision of training to air traffic

“Certification

controllers, including related assessment procedures, shall be

subject to certification by the Director. The requirements for

certification shall relate to technical and operational

competence and suitability to organise training courses as set

out in Schedule 9.

(2) Application for certification shall be submitted to

the Director, where the applicant has its principal place of

operation and, if any, its registered office in Malta.

(3) The Director shall issue certificates for training

providers whenever the applicant training provider fulfils the

requirements laid down in Schedule 9. Certificates may be

issued for each type of training or in combination with other

air navigation services, whereby the type of training and the

type of air navigation service shall be certified as a package

of services. Certificates shall specify the information as given

in Schedule 9.

(4) Certificates of Training Providers issued by another

EU Member State in accordance with the provisions of

Directive 2006#23#EC shall be recognised as valid under this

Order.”.

Immediately after article 63C of the principal Order there shall Adds new article

63D to the principal

be added the following new article>

Order.

63D. (1) The Director shall supervise and monitor

the training of air traffic controllers in order to ensure the

levels of competence required for them to perform their work

to high safety standards. In performing the oversight the

Director shall, to the extent of his responsibility, include>

(a) the issuing and revocation of licences, ratings

and endorsements for which the relevant training and

assessment was completed<

(b) the maintenance and suspension of ratings and

endorsements<

(c)

the certification of training providers<

(d) the approval of training courses, unit training

plans and competence schemes<

(e) the approval of competence examiners or

competence assessors<

(f) the monitoring and auditing of training

systems<

(g) the establishment of appropriate appeal and

notification mechanisms.

(2) For the purposes of the effective application

of Directive 2006#23#EC the Director shall provide appropriate

information and mutual assistance to other competent

authorities of EU Member States, particularly in cases

involving the free movement of air traffic controllers within

the European Community.

(3) The Director shall ensure that a data base is

maintained listing the competencies of all licence holders

under his responsibility and the validity dates of their

endorsements. To this end, operational units within air

navigation service providers shall keep records of the hours

effectively worked in the sectors, group of sectors or in the

working positions for every licence holder working in the

unit and shall on request provide this data to the Director.

(4) The Director shall approve licence holders

who are entitled to act as competence examiners or

competence assessors for unit and continuation training.

Approval shall be valid for a renewable period of three years.

(5) The Director shall either directly or through

delegation to recognised organisations in accordance with

article 3 of Regulation (EC) No 550#2004 audit training

providers on a regular basis and may make on-the-spot visits

with a view to guaranteeing effective compliance with the

standards laid down in Directive 2006#23#EC.”.

Immediately after article 63D of the principal Order there shall

be added the following new article>

63E. (1) In accordance with the provisions of

recognition of

Directive

2006#23#EC and subject to the minimum age limit

of twenty-one years and to language proficiency requirements,

licences and their associated ratings, ratings endorsements

and language endorsements as well as medical certificates

issued by the competent authority of a Member State of the

European Community shall be recognised as valid under this

Order.

(2) Licence holders exercising in Malta the

privileges of a licence issued by another Member State of the

European Community in accordance with the provisions of

Directive 2006#23#EC, shall have the right to exchange their

licence for a licence issued under this Order, without

additional conditions being imposed.

(3) In order to grant a unit endorsement, the

Director shall require an applicant to fulfil the particular

conditions associated with this endorsement, specifying the

unit, sector or working position. When establishing the unit

training plan, the training provider shall take due account of

the acquired competencies and experience of the applicant.

(4) The Director shall approve and give a reasoned

decision on the unit training plan containing the proposed

training for the applicant not later than six weeks after

presentation of the evidence, without prejudice to the delay

resulting from any appeal that may be made. In his decision,

the Director shall ensure that the principles of non-

discrimination and proportionality are respected.”.

For Schedule 9 to the principal Order, there shall be substituted Substitutes

Schedule 9 to the

the following>-

principal Order.

Words.

Performs at a

Performs at a

Performs at a

Performs at a

Performs at a

Performs at a

Elementary

level below the

level below the

level below the

level below the

level below the

level below the

Elementary

Elementary

Elementary

Elementary

Elementary

Elementary

level.

level.

level.

level.

level.

level.

Requirements to me attached to Certificates awarded to Training Providers

1. Compliance with the requirements referred to in Article 13 must be

demonstrated by evidence that training providers are adequately staffed and

equipped and operate in an environment suitable for the provision of the

training necessary to obtain or maintain student air traffic controller licences

and air traffic controller licences. In particular training providers must

(a) have an efficient management structure and sufficient staff with adequate

qualifications and experience to provide training according to the standards set

out in this Directive;

(b) have available the necessary facilities, equipment and accommodation

appropriate for the type of training offered

(c) provide the methodology they will use to establish details of the content,

organisation and duration of the training courses, unit training plans and unit

competence schemes; this will include the way examinations or assessments

will be organised. For qualifications of the examiners must be indicated in

detail;

(d) furnish proof of the quality management system in place to monitor

compliance with the adequacy of the systems and procedures which ensure that

the training services provided satisfy the standards set out in this Directive;

(e) demonstrate that sufficient funding is available to conduct the training

according to the standards set out in this Directive and that the activities have

sufficient insurance cover in accordance with the nature of the training

provided.

2. Certificates must specify

(a) the national supervisory authority issuing the certificate;

(b) the applicant (name and address);

(c) the type of services which are certified;

(d) a statement of the applicant’s conformity with the requirements defined in point 1;

(e) the date of issue and the period of validity of the certificate”.

€0.93 (Lm0.40)