Regulations, 2023

Suppliment tal-Gazzetta tal-Gvern ta’ Malta Nru. 21,012, 24 ta’ Frar, 2023

L.N. 46 of 2023

AUTHORITY FOR TRANSPORT IN MALTA ACT

(CAP. 499)

Airport (Groundhandling Services) (Amendment)

Regulations, 2023

IN EXERCISE of the powers conferred by article 43 of the

Authority for Transport in Malta Act, the Minister responsible for

transport after consultation with the Authority for Transport in Malta

has made the following regulations:-

The title of these regulations is the Airport Citation.

(Groundhandling Services) (Amendment) Regulations, 2023 and they

shall be read and construed as one with the Airport (Groundhandling S.L. 499.25.

Services) Regulations, hereinafter referred to as the "principal

regulations".

Regulation 2 of the principal regulations shall be amended Amends

regulation 2 of

by the following

the principal

regulations.

(a) the definition of "airside services" thereof shall be

substituted by the following new definition

""airside services" means the categories of ground

handling services listed in items 3, 4, 5 and 7 of the

Schedule";

(b) the definition "Council Directive" thereof shall be

substituted by the following new definition

""Council Directive" means Council Directive 96/67/

EC of 15 October 1996 on access to the groundhandling

market at Community airports;";

(c) immediately after the definition "Director" thereof

there shall be added the following new definition

""general aviation operations" means

those

operations specified in item 12 of the Schedule;";

(d) immediately after the definition "groundhandling"

thereof there shall be added the following new definition

"locally-based aircraft" means an aircraft listed on the

Malta Aircraft Register that undertakes movements that

originate and terminate in Malta and is permanently located

in Malta between inbound and outbound movements;";

(e) immediately after the definition "Minister" thereof

there shall be added the following new definitions

""MTOW" means the certified maximum take-off

weight of an aircraft expressed in kilograms as declared on

the certificate of airworthiness;

"non-scheduled air service" means any flight not

listed in the timetable of an airline including flights

performed pursuant to a charter contract with one (1) or

more charterers with the intention of covering the entire

capacity of the aircraft, not being a general aviation

operation as defined in these regulations;

"scheduled air service" means a series of flights

possessing the following characteristics

(a) on each flight seats and, or capacity to

transport cargo and, or mail are available for

individual purchase by the public directly from the air

carrier or from the authorised agents;

(b) it is operated to serve traffic between the

same two (2) or more airports either

(i)

according to a published timetable,

or

(ii) with flights so regular or frequent

that they constitute a recognisable systematic

series;";

(f) in the definition "self-handling" thereof the words

"means a situation in which an airport user directly provides for

himself one or more categories of groundhandling services and

concludes no contract of any description with a third party for

the provision of such services;" shall be substituted by the words

"means a situation in which an airport user directly provides to

aircraft under its Air Operator’s Certificate one or more

categories of groundhandling services and concludes no

contract of any description with a third party for the provision of

such services;".

Regulation 6 of the principal regulations shall be Substitutes

regulation 6 of

substituted by the following new regulation

the principal

regulations.

(1) The managing body of the airport shall

ensure free access to suppliers of groundhandling

services established throughout the European Union to

the market for the provision of groundhandling services

to third parties in accordance with the Council

Directive

Provided that two (2) suppliers shall be

authorised to provide each category of airside services,

and without prejudice to such authorisation, not more

than three (3) other suppliers shall be authorised to

solely provide the general aviation operations

consisting in groundhandling services listed in item 12

of the Schedule, and provided further that at least one

(1) of the authorised suppliers of each category of

airside services may not be directly or indirectly

controlled by

(a) the managing body of the airport;

(b) any airport user who has carried more

than twenty-five percent (25%) of the passengers

or freight recorded at the airport during the year

preceding that in which those suppliers were

selected; or

(c) a body controlling or controlled

directly or indirectly by the managing body or any

such user

Provided further that the managing body of

the airport, either directly or indirectly, may also

provide each category of airside services and the

general aviation operations, in addition to the other

authorised suppliers

Provided further that a supplier of

groundhandling services may outsource certain services

to subcontracted suppliers that have been approved by

the managing body of the airport to be considered as an

authorised subcontracted supplier in accordance with

sub-regulation 8A(6).

(2) Notwithstanding the first proviso to sub-

regulation (1), with regards to services provided to

general aviation operations, the number of suppliers

authorised to provide the groundhandling services

listed in item 12 of the Schedule to these regulations

may, upon determination of the Minister in consultation

with the managing body of the airport and the

Committee, be increased to a maximum of six (6)

suppliers when the next applicable selection procedure

in terms of regulation 8A shall be undertaken. Such

additional suppliers shall be selected during the same

selection procedure established for the purposes of

selecting the other general aviation operations

suppliers.

(3) The selection of the third-party handling

service providers made by the managing body of the

airport on the basis of sub-regulations (1) and (2) shall

be valid for not more than

(a) seven (7) years, in the case of

suppliers authorised to provide airside services to

airport users engaging in scheduled air services

and non-scheduled air services;

(b) five (5) years, in the case of suppliers

authorised to provide services listed in item 12 of

the Schedule to airport users engaging in general

aviation operations.".

4. Regulation 7 of the principal regulations shall be

substituted by the following new regulation

(1) In relation to one (1) or more

groundhandling services listed in items 3, 4 and 5 of the

Schedule, the Director in consultations with the

managing body of the airport may reserve the right to

self-handle aircraft to no more than two (2) airport

users, who are not directly or indirectly providers of

groundhandling services listed in the Schedule to

aircraft of a maximum take-off weight (MTOW)

exceeding fifty thousand kilograms (50,000 kg) and a

maximum seat capacity exceeding nineteen (19) seats

Provided that an airport user so authorised to

provide self-handling services shall

(a)

be chosen on the basis of relevant,

objective, transparent and non-discriminatory

criteria;

(b) comply with any conditions and

standards set by the managing body of the airport;

(c)

not be permitted to outsource any of

the services listed in the Schedule;

(d) such aircraft are registered under their

own Air Operating Certificate

Provided that upon the application of the

managing body of the airport to the Director, the

Director may, at his discretion, authorise the number of

providers of self-handling services as established under

this sub-regulation (1) to be increased to a maximum

number of three (3) suppliers.

(2) The selection of the self-handling airport

users made by the managing body of the airport on the

basis of sub-regulation (1) shall be valid for not more

than seven (7) years.

(3) An airport user who

(a) operates a locally-based aircraft

intended for general aviation operations;

(b) is not either directly or indirectly a

provider of groundhandling services to airport

users engaging in scheduled air services and non-

scheduled air services,

shall have the right to self-handle in respect of

general

aviation

operations

consisting

of

groundhandling services mentioned in item 12 of the

Schedule

Provided that an airport user who satisfies

the criteria in sub-regulation 3(a) and 3(b) shall comply

with any conditions and standards set by the managing

body of the airport

Provided further that an airport user who

satisfies the criteria in sub-regulation 3(a) and 3(b) shall

request from and be duly authorised by the managing

body of the airport to perform self-handling services,

and shall not be permitted to outsource any of the

general aviation operations consisting of the

groundhandling services listed in item 12 of the

Schedule.

(4) The selection of the self-handling airport

users made by the managing body of the airport on the

basis of sub-regulation (3) shall be valid for not more

than five (5) years.

5. Regulation 8 of the principal regulations shall be

substituted by the following new regulation

(1) The total number of authorised

suppliers providing groundhandling services listed in

items 3, 4, 5 and 12 of the Schedule, including those for

scheduled air services, non-scheduled air services and

general aviation operations and self-handling services

shall not collectively amount to more than eight (8).

(2) The limitation to the total number of

authorised suppliers providing groundhandling services

as provided for in sub-regulation (1) shall be

established in the following order

(a) suppliers for scheduled air services

and non-scheduled air services;

(b) suppliers

for

general

aviation

operations;

(c) self-handlers

Provided that there shall be no limitation to

the number of authorised suppliers providing self-

handling services in accordance with sub-regulation

7(3).

6. Immediately after regulation 8 of the principal regulations

there shall be added the following new regulation

(1) The managing body of the airport shall

use a selection procedure to provide airside services

and the ground handling services specified in item 12 of

the Schedule

Provided that the managing body of the

airport

(a) does

not

provide

similar

groundhandling services;

(b) has no direct or indirect control over

any undertaking which provides such services;

and

(c) has no involvement in any undertaking

which provides such services.

(2) The managing body of the airport shall

choose a supplier of groundhandling services after

consulting the Committee and on the basis of the

following principles

(a) any standard conditions or technical

specifications which are to be met by suppliers of

groundhandling services shall be established after

consultation with the Committee;

(b) the selection criteria shall be relevant,

objective, transparent and non-discriminatory;

(c) an invitation to tender shall be

published in the media to which any interested

supplier of groundhandling services may reply.

(3) A supplier of groundhandling services shall

provide uninterrupted services for the periods

established under sub-regulation 6(3) after being

selected. If such a supplier of groundhandling services

ceases his activity before the end of the period for

which he has been selected, he shall be replaced on the

basis of the same selection procedure provided for in

sub-regulation (2).

(4) In the event that the managing body of the

airport decides to itself provide groundhandling

services

(a) it may do so without being subject to

the selection procedures provided for in sub-

regulation 8(2). This shall also apply to the

supplier of groundhandling services which is

controlled directly or indirectly by the managing

body of the airport;

(b) the Director shall carry out the

selection procedure in sub-regulation (2) after

consulting the Committee and the managing body

of the airport.

(5) The managing body of the airport shall

inform the Committee and the Director of decisions

taken under this regulation.

(6) Where an authorised supplier decides to

outsource certain services that are not airside services

or general aviation operations consisting of

groundhandling services under item 12 of the Schedule

to other specialized suppliers, the former shall apply

with the managing body of the airport to authorise an

outsourced supplier to be considered as an authorised

subcontracted supplier subject to any conditions and

standards set by the managing body of the airport for

the provision of the particular groundhandling service

which are equivalent to those set in sub-regulation

(2)(a). The provisions of regulations 10 to 20 shall also

apply mutatis mutandis to the authorised outsourced

supplier.

(7) The managing body of the airport or the

Director, as the case may be in terms of this regulation,

shall, following the entry into force of the Airport

(Groundhandling Services) (Amendment) Regulations,

2023, implement the selection procedure for general

aviation operations consisting of the ground handling

services specified in item 12 of the Schedule not earlier

than the seventh anniversary from the date on which the

selection procedure issued prior to the entry into force

of the said Airport (Groundhandling Services)

(Amendment) Regulations, 2023 was concluded.".

7. In sub-regulation (1) thereof, the words "a supplier of

groundhandling services or a self-handling user obtain" shall be

substituted by the words "any provider of groundhandling services

8. Immediately after sub-regulation (4) of regulation 13 of the

principal regulations there shall be added the following new sub-

regulation (5)

"(5) Pursuant to a decision made in accordance with sub-

regulation (1), the Director may decide to prohibit any supplier

of outsourced services authorised to provide groundhandling

services in accordance with regulation 8A (6) from providing the

groundhandling services in accordance with sub-regulation (1).".

Immediately after sub-regulation (1) of regulation 15 of the

principal regulations there shall be added the following new sub-

regulation (2)

"(2) The Director shall notify the European Commission

of any withdrawal or suspensions of rights or obligations

provided for under these regulations.".

In the Schedule to the principal regulations, immediately Amends the

Schedule to the

after item 11.4 there shall be added the following new item 12

principal

regulations.

"12. General aviation operations

The provision of groundhandling operations listed in items

3, 4 and 5 of this Schedule which shall be limited to civil

aviation operations, executed for remuneration or hire, private

use, or for State, military or humanitarian missions, utilising an

aircraft with a maximum take-off weight (MTOW) not exceeding

fifty thousand kilograms (50,000 kg) and having a maximum

seat capacity of nineteen (19) seats.".

B

€0.45