Civil Aviation (Air Traffic Flow Management Regulations) 2013

Suppliment tal-Gazzetta tal-Gvern ta’ Malta Nru. 19,157, 25 ta’ Ottubru, 2013

L.N. 342 of 2013

AUTHORITY FOR TRANSPORT IN MALTA ACT

(CAP. 499)

Civil Aviation (Air Traffic Flow Management Regulations) 2013

IN exercise of the powers conferred by article 43(1) of the

Authority for Transport in Malta Act, the Minister for Transport and

Infrastructure, in consultation with the Authority for Transport in

Malta, has made the following regulations:-

(1)

The title of these regulations is the Civil Aviation Citation and

scope.

(Air Traffic Flow Management) Regulations, 2013.

(2) These regulations transpose the provisions of Commission

Regulation (EU) No 255/2010 of 25 March 2010, laying down

common rules on air traffic flow management.

(1)

In these regulations, unless the context otherwise Interpretation.

requires

"airport managing body" means a body that has as its objective

the administration and management of the airport infrastructure, and

the co-ordination and control of the activities of the different

operations present in the airport;

"ATFM" means air traffic flow management;

"ATFM measure" means the actions taken to perform air traffic

flow management and capacity management;

"ATS" means air traffic services;

"ATS unit" means a Unit established for the purpose of

receiving reports concerning ATS and flight plans submitted before

the first delivery of an air traffic control clearance;

"authorised officer" means a person appointed as an authorised

officer under regulation 5;

"Authority" means the Authority for Transport in Malta

established by article 5 of the Authority for Transport in Malta Act; Cap. 499.

"defaulting party" means a party as described in the definition

"party" but which prima facie looks to the Authority that it is in

breach of any of the Articles of the Regulation mentioned in

regulation 3(1);

"operator" means a person, organization, or enterprise engaged

in or offering to engage in an aircraft operation;

"party" means a party, or agent acting on its behalf, involved in

the ATFM process mentioned in Article (1)(3) of the Regulation;

"the Regulation" means Commission Regulation (EU) No 255/

2010 of 25 March 2010, laying down common rules on air traffic flow

management.

(2) Words or expressions used in the Regulation and

reproduced in these regulations shall carry the same meaning unless

the context requires otherwise.

(1)

When the Authority deems that -

(a)

an ATS unit is failing to comply with Article 6 of

the Regulation; or

(b)

an operator failed to comply with Article 7 of the

Regulation; or

(c)

an airport managing body failed to comply with

Article 8 of the Regulation; or

(d)

a party failed to comply with an ATFM measure or

procedure the Authority is responsible to oversee under the

Regulation,

it shall direct the defaulting party to comply with the Regulation or to

comply with any instruction contained in the Authority’s directions.

The defaulting party shall, within one (1) month of the instructions of

the Authority, submit to the Authority its own considerations in reply.

The Authority shall reply to the defaulting party, after having

considered any reply it may have received in this regard within two

(2) months of receipt of the reply. Where the instructions of the

Authority are confirmed, they shall enter into effect on the date the

reply of the defaulting party was submitted to the Authority.

(2) Where the Authority has issued any instructions to a

defaulting party which -

(a)

has not submitted any considerations within the

stipulated one (1) month period referred to in sub-regulation (1);

or

(b)

has submitted considerations and the Authority has

replied by confirming its own instructions;

and the defaulting party fails to comply with the instructions issued

by the Authority, the defaulting party shall be guilty of an offence

against these regulations and shall be liable, on conviction, to a fine

(multa) of not less than ten thousand euro (€10,000) and of not more

than one hundred thousand euro (€100,000).

(3) Any directions or instructions given by the Authority shall

be addressed to the defaulting party and shall be served in one of the

following ways

(a)

by hand delivery directly to the defaulting party; or

(b)

by registered post to the registered address or to the

principal place of business of the defaulting party.

(1)

The Authority may appoint persons to be Authorised

officers.

authorised officers for the purposes of enforcing the Regulation.

(2) All persons so appointed shall be certified by the Authority

and a certificate of their appointment shall be granted to them by the

Authority. Before exercising the powers conferred upon them by sub-

regulation (3), the Authority may issue further certification prior to

any inspection, or if the party so requests.

(3) For the purposes of the exercise of the functions of the

Authority under the Regulation, an authorized officer may

(a)

enter into any premises or places, at any reasonable

time, owned or occupied by a party for the purposes of search

and inspection of the premises or documents therein;

(b)

require that such party or any persons employed

therein produce any documentation whatsoever related to the

provision of aviation services which are in the party’s or

persons’ control, or, as the case may be, require the party or

persons employed therein to secure intact possession of this

documentation for later examination or investigation;

(c)

secure the premises thereof in whole or part, for

further inspection and investigation;

(d)

examine on the spot or seize, for an indefinite

period and for the purposes of later examination and

investigation, any documentation found therein;

(e)

require the party or persons employed therein to

furnish any other information, be it oral or otherwise, and

related to the provision of aviation services and which is under

the control of the party or persons employed therein;

(f)

require that the party or persons employed therein

give unhindered access to any equipment located in the

premises or places being searched and inspected, and give all

the necessary assistance for its operation, to the authorised

officers conducting the search and inspection.

Any party or person who -

(a)

obstructs, impedes or assaults an authorised officer

in the exercise of the powers granted under these regulations;

(b)

fails or refuses to comply with any requirement

under these regulations;

(c)

alters, suppresses or destroys any documentation

which he has been required to produce;

(d)

gives misleading information or any other material

to the Authority or its authorized officers;

(e)

makes a false representation of its true self or

pretends to be an Authority official including an authorized

officer, or an official of the Government of Malta, or of any

other legitimate authority,

shall be guilty of an offence against these regulations and shall be

liable, on conviction, to a fine (multa) of not less than ten thousand

euro (€10,000) and of not more than one hundred thousand euro

(€100,000).

(1)

Further to the provisions of article 6(2)(g) of the

Authority for Transport in Malta Act, the offences committed under

regulation 3(1) shall be considered to be administrative offences

punishable directly by a decision of the Authority.

(2) Any person which may feel aggrieved by the decision of

the Authority under sub-regulation (1) may appeal before the

Administrative Review Tribunal.

(3) With regard to the offences under regulation 3, it shall be

lawful for the person to bring forward in his defence the proof that the

breach on its part occurred due to weather or force majeure, and it

shall be lawful for an operator of an aircraft to bring forward in his

defence proof that the breach took place without his or her actual

default or knowledge.

(4) Proceedings against offences under regulation 5 shall be

brought before the Criminal Court.

€0.18