Regulations, 2011

L.N. 280 of 2011

CONSUMER AFFAIRS ACT

(CAP. 378)

Denied Boarding (Compensation and Assistance to Air Passengers)

Regulations, 2011

IN exercise of the powers conferred by article 7 of the

Consumer Affairs Act, the Minister responsible for Consumer

Affairs, after consultation with the Consumer Affairs Council, has

made the following regulations:-

The title of these regulations is the Denied Boarding Title.

(Compensation and Assistance to Air Passengers) Regulations, 2011.

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

"the Act" means the Consumer Affairs Act;

"the Director General" means the Director General (Consumer

Affairs) as defined in the Act;

"operating air carrier" means an air carrier that performs or

intends to perform a flight under a contract with a passenger or on

behalf of another person, legal or natural, having a contract with that

passenger; and

"Regulation 261/2004" means Regulation (EC) No 261/2004 of

the European Parliament and of the Council of 11 February 2004

establishing common rules on compensation and assistance to

passengers in the event of denied boarding and of cancellation or long

delay of flights, and repealing Regulation (EEC) No 295/91 (Text

with EEA relevance).

Exclusively for the purposes of these regulations,

"passengers" are classified as "consumers" according to paragraph (iii)

of the definition "consumer" in article 2 of the Act.

(1)

For the purpose of Article 16 of Regulation 261/ Designated

2004, the Director General is the designated person responsible for person

powers thereof.

the enforcement of the provisions of Regulation 261/2004 with regard

to flights from airports situated in Malta and flights from a third

country to airports situated in Malta.

(2) In discharging his functions under these regulations, the

Director General shall have the same functions and powers prescribed

under the Act and, in particular, shall issue such order or decision, or

take such measure as he deems appropriate in terms of the Act.

An operating air carrier which fails to comply with an

obligation imposed on it by Articles 4 to 6, 10, 11 or 14 of Regulation

261/2004 shall be guilty of an infringement punishable by an

administrative fine of not less than four hundred and seventy euro

(€470) and not exceeding five thousand euro (€5000)

Provided that in the case of non-compliance with a

compliance order, the Director General may impose a daily fine of not

less than one hundred and twenty euro (€120) and not more than two

hundred and thirty euro (€230) for each day of non-compliance.

(1)

Subject to the following provisions of this

regulation, in proceedings against any operating air carrier for an

infringement under regulation 5, it shall be a defence for that

operating air carrier to show that it took all reasonable steps and

exercised all due diligence to avoid committing such an infringement.

(2) An operating air carrier shall not be entitled to rely on the

defence provided by sub-regulation (1) by reason of its reliance on

information supplied by another operating air carrier, unless it shows

that it was reasonable in all the circumstances for it to have relied on

the information, having regard in particular

(a)

to the steps which it took, and those that might

reasonably have been taken, for the purpose of verifying the

information; and

(b)

that it had no reason to disbelieve the information.

Any person who feels aggrieved by a decision, order,

administrative fine or measure imposed or taken by the Director

General, may file an appeal before the Competition and Consumer

Appeals Tribunal in terms of the Act.

€0.18