Regulations, 2015

Suppliment tal-Gazzetta tal-Gvern ta’ Malta, Nru. 19,489, 27 ta’ Ottubru, 2015

L.N. 348 of 2015

EUROCONTROL ACT

(CAP. 333)

Civil Aviation (Terminal Charges for Navigation Services)

Regulations, 2015

IN EXERCISE of the powers conferred by article 6 of the

EUROCONTROL Act, the Minister responsible for Transport has

made the following regulations:-

(1) The title of these regulations is the Civil Aviation Citation and

commencement.

(Terminal Charges for Navigation Services) Regulations, 2015.

(2) These regulations shall apply as from 1st January 2015.

The unit rate for the terminal charge for navigation services

shall be 175.15 euro.

(1)

In these regulations, unless the context otherwise Interpretation.

requires

"EUROCONTROL" has the same meaning assigned to it by the Cap. 333.

EUROCONTROL Act;

"IFR" means Instrument Flight Rules.

(2) Expressions used in these regulations shall, unless the

context otherwise requires, have the same respective meanings as in

the Air Navigation Order.

The rate of interest on late payment shall be 8.00 percent per

annum.

€0.18

(1) Subject to the provisions of these regulations, the Charges to be

operator of an aircraft shall pay to EUROCONTROL a terminal paid

CONTROL.

charge, hereinafter referred to as "the charge", in respect of IFR

flights departing from Malta International Airport in accordance with

the procedures laid down in application of the Standards and

Recommended Practices of the International Civil Aviation

Organisation.

(2) The charge shall constitute remuneration for the costs

incurred by Malta Air Traffic Services Limited in respect of terminal

air navigation facilities and services and the operation of the Route

Charges System, and for the costs incurred by EUROCONTROL in

operating the system.

(3) EUROCONTROL shall assess and collect the charge due

and reimburse Malta Air Traffic Services Limited in accordance with

the applicable rules.

(4) If EUROCONTROL is unable, after taking reasonable

steps, to ascertain who the operator is, it may give notice to the owner

of the aircraft that it will treat him as the operator until he establishes

to the reasonable satisfaction of EUROCONTROL that some other

person is the operator; and from the time when notice is given

EUROCONTROL shall be entitled, for as long as the owner is unable

to establish as aforesaid that some other person is the operator, to treat

the owner as if he were the operator, and for that purpose the

provisions of these regulations, other than this sub-regulation, shall

apply to the owner of the aircraft.

The charge, R, shall be calculated in accordance with the

following formula

R = t x N

where t is the unit rate of charge and N is the number of service units

corresponding to terminal air navigation services made available.

The unit rate t shall be calculated by dividing the forecast

number of total terminal service units for the relevant year into the

corresponding cost-base for terminal services.

The unit rate of charge t shall be set for a calendar year.

For a given departing flight, the number of service units in

respect of the terminal charge, designated N, shall be the quotient

obtained by dividing by fifty the Maximum Take-off Weight,

expressed in metric tons, which is used for calculating the

EUROCONTROL route charge for the flight concerned, to the power

of 0.7.

For the purpose of calculating the charge, N shall be expressed

as a figure taken to two decimal places.

(1) The amount of the charge shall be payable to

EUROCONTROL at its principal office in Brussels and shall be paid

in Euro.

(2) The amount of the charge is due on the date of the

performance of the flight. The latest value date by which payment is

to be received by EUROCONTROL shall be shown on the bill and

shall be thirty days from the date of the bill.

(3) Payment shall be deemed to have been received by

EUROCONTROL on the value date on which the amount due is

credited into a designated account of EUROCONTROL. The value

date shall be the date on which EUROCONTROL can use the funds.

(4) Any charge which has not been paid by the latest date for

payment shall be increased by the addition thereto of interest at the

rate specified in the Second Schedule. Such interest, entitled Interest

on Late Payment, shall be simple interest calculated from day to day

on the unpaid overdue amount, and shall be calculated and billed in

Euro.

(5) Where a charge remains unpaid, measures may be taken to

enforce recovery.

(1) Claims against bills must be submitted to Claims.

EUROCONTROL in writing or by an electronic medium previously

approved by EUROCONTROL. They must be detailed and should be

accompanied by any relevant supporting evidence.

(2) The latest date by which claims must be received by

EUROCONTROL shall be shown on the bill and is sixty days from

the date of the bill. The date of submission of claims shall be the date

on which claims are received by EUROCONTROL.

(3) Submission of a claim by a user shall not entitle him to

make any deduction from the relevant bill unless so authorized by

EUROCONTROL and no compensation payments shall be effected

without

EUROCONTROL’s

prior

agreement

where

EUROCONTROL and a user are mutually debtor and creditor.

These regulations shall not apply to the following flights

Exempt flights.

(a)

flights by military aircraft of any State;

(b) flights authorised by a competent Search and Rescue

body for search and rescue operations;

(c)

flights performed under Visual Flight Rules;

(d) mixed Visual Flight Rules/Instrument Flight Rules

flights if the part of the flight in the specified airspace is

performed exclusively under Visual Flight Rules;

(e)

flights performed exclusively for the transport, on

official mission, of the reigning Monarch and his/her immediate

family, Heads of State, Heads of Government, and Government

Ministers. In all cases, this must be substantiated by the

appropriate status indicator or remark on the flight plan;

(f)

training flights performed exclusively for the

purpose of obtaining a licence, or a rating in the case of cockpit

flight crew, and where this is substantiated by an appropriate

remark on the flight plan. Flights must be performed solely

within the specified airspace and must not serve for the

transport of passengers and, or cargo, nor for positioning or

ferrying of the aircraft;

(g) flights performed by aircraft of which the Maximum

Take-off Weight authorised is less than two metric tons;

(h)

flights performed by customs and police aircraft.