Air Navigation (Amendment) Order, 2011

Suppliment tal-Gazzetta tal-Gvern ta’ Malta Nru. 18,841, 9 ta’ Diċembru, 2011

L. N. 480 of 2011

AUTHORITY FOR TRANSPORT

IN MALTA ACT

(CAP. 499)

Air Navigation (Amendment) Order, 2011

IN exercise of the powers conferred by article 43 of

the Authority for Transport in Malta Act, the Minister for

Infrastructure, Transport and Communications has, after

consultation with the Authority for Transport in Malta, made the

following Order:-

The title of the Order is the Air Navigation (Amendment) Citation

Order, 2011, and shall be read and construed as one with the Air

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

Order”.

Sub-article (1) of article 2 of the principal Order shall be

amended as follows

(a) immediately after the definition “certificate of

airworthiness”, there shall be added the following new

definition

“ “Chicago Convention” means the Convention on

International Civil Aviation signed at Chicago on the 7th

December, 1944;”;

(b) the definition “Contracting State” shall be

substituted by the following new definition

“ “ Contracting State” means any State, including

Malta, which is a party to the Chicago Convention;”;

and

(c) immediately after the definition “Directive 2006/23/

EC”, there shall be inserted the following new definition

“ “Directive 2008/49/EC” is the Commission

Directive 2008/49/EC of 16 April 2008 amending Annex

II to Directive 2004/36/EC of the European Parliament

and of the Council regarding the criteria for the conduct

of ramp inspections on aircraft using Community

airports;”.

Immediately after article 24 of the principal Order, there

shall be added the following new article

24 A. Notwithstanding any provision to the

contrary in this Order, in case of an aircraft under

an Agreement for Transfer of Functions and Duties

in accordance with Article 83 bis of the Chicago

Convention

(a) this Order applies to a foreign-registered

aircraft operated by a Maltese operator and to

persons performing any functions or duties in

respect of the aircraft if the requirements set out

in this Order are specifically included under the

terms of an agreement in force between Malta

and another Contracting State in accordance with

Article 83 bis of the Chicago Convention;

(b) this Order does not apply to a Maltese

aircraft operated by a foreign operator or to persons

performing any functions or duties in respect of the

aircraft if the requirements set out in this Order

are specifically excluded under the terms of an

agreement in force between Malta and another

Contracting State in accordance with Article 83 bis

of the Chicago Convention;

(c) if the responsibility set out in Article 31

of the Chicago Convention to issue or to render

valid a certificate of airworthiness for a Maltese

aircraft is transferred to another Contracting State

in accordance with Article 83 bis of the Chicago

Convention, the certrificate of airworthiness

for that aircraft shall cease to have effect upon

commencement of the transfer;

(d) the registered owner of the aircraft shall

surrender the certificate of airworthiness to the

Director General, when notified by the Director

General that an agreement in accordance with

Article 83 bis of the Chicago Convention has been

entered into, within seven days after the coming-

into-force date of the agreement;

(e) upon termination of a transfer to another

Contracting State in accordance with Article 83 bis

of the Chicago Convention, of the responsibility to

issue or to render valid a certificate of airworthiness

for a Maltese aircraft as set out in Article 31 of the

Chicago Convention, the Director General shall

reinstate the certificate of airworthiness if the

registered owner of the aircraft complies with the

requirements on airworthiness of this Order;

(f) if an agreement for the lease, charter

or interchange of an aircraft or any similar

arrangement, subject to an agreement in accordance

with Article 83 bis of the Chicago Convention, is

terminated on a date earlier than the date of the

expiration set out in the agreement or arrangement,

the Maltese operator of the aircraft if it is a foreign

registerd aircraft or the registered owner of the

aircraft if it is a Maltese aircraft shall inform the

Director General in writing of the actual date of

termination within seven days of its occurrence.”.

In paragraph (d) of sub-article (1) of article 82 of the Amends article 82 of

principal Order, immediately after the words “in accordance with the principal Order.

Directive 2004/36/EC” there shall be added the words “as amended

by Directive 2008/49/EC”.

In article 83 of the principal Order, immediately after the Amends article 83 of

words “other landing place”, there shall be added the words “ as the principal Order.

well as any other civil aviation facilities which are located outside

the aerodrome area”.

The Eleventh Schedule to the principal Order shall be

amended as follows

(a) immediately after the words “On a flight for

the purpose of public transport of passengers”, the words

“Document J” shall be substituted by the words “Documents

J and K”.

(b) immediately after the words “On a flight, being

international air navigation, for a purpose other than public

transport or aerial work”, the words “Documents A, B, C

and G.” shall be substituted by the words “Documents A, B,

C, G and L.”;

(c) immediately after the words “ “J” means one copy

of the certificate of release, if any, in force in respect of the

aircraft”, there shall be added the following definitions

“ “K” means the air operator’s certificate;

“L” means the passenger and cargo manifests.”.

€0.18