CIVIL AVIATION (ROUTE CHARGES FOR NAVIGATION SERVICES) REGULATIONS

SUBSIDIARY LEGISLATION 333.01

CIVIL AVIATION (ROUTE CHARGES FOR

NAVIGATION SERVICES) REGULATIONS

1st January, 2003

LEGAL NOTICE 386 of 2002, as amended by Legal Notices 434 of 2003,

515 of 2004, 40 of 2006, 22, 424 and 442 of 2007, 142 of 2008, 35 of 2009,

56 of 2010, 35 of 2011, 67 of 2012, 56 of 2013, 8 of 2014, 155 of 2015, 55

of 2016,198 of 2017, 70 of 2018, 27 of 2019, 37 of 2020, 9 of 2021, 34 of

2022 and 6 of 2023 and Act XL of 2023.

The title of these regulations is the Civil Aviation (Route

Charges for Navigation Services) Regulations.

Substituted by

L.N. 434 of 2003;

(Regulation 4(1))

L.N. 515 of 2004;

L.N. 40 of 2006;

L.N. 22 of 2007;

L.N. 424 of 2007;

L.N. 442 of 2007;

L.N. 35 of 2009;

L.N. 56 of 2010;

L.N. 35 of 2011;

L.N. 67 of 2012;

L.N. 56 of 2013;

L.N. 8 of 2014;

L.N. 155 of 2015;

L.N. 55 of 2016;

L.N. 198 of 2017;

L.N. 70 of 2018;

L.N. 27 of 2019;

L.N. 37 of 2020;

L.N. 9 of 2021;

L.N. 34 of 2022;

L.N. 6 of 2023.

(1)

(2)

(3)

Country

Publication in which FIR

Unit rate in Euro

is described

Malta

Malta AIP

24. 41

(1)

In these regulations unless the context otherwise

requires

"FIR" means "Flight information Region";

"Malta AIP" means a document in force in Malta at the date of

the making of these regulations entitled "Malta Aeronautical

Information Publication" or "Malta AIP" and published by the

Department of Civil Aviation;

"Eurocontrol" has the same meaning assigned to it by the

Eurocontrol Act;

"IFR" means Instmment Flight Rules;

"specified airspace" means the airspace of the Malta Flight

Information Region as described in the Malta AIP.

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

context otherwise requires, have the same respective meanings as

in the Air Navigation Act.

Substituted by

L.N. 434 of 2003;

(Regulation 5(4))

L.N. 515 of 2004;

L.N. 40 of 2006;

L.N. 22 of 2007;

L.N. 442 of 2007;

L.N. 35 of 2009;

L.N. 56 of 2010;

L.N. 35 of 2011;

L.N. 67 of 2012;

L.N. 56 of 2013;

L.N. 8 of 2014;

L.N. 155 of 2015;

L.N. 55 of 2016;

L.N. 198 of 2017;

L.N. 70 of 2018;

L.N. 27 of 2019;

L.N. 37 of 2020;

L.N. 9 of 2021;

L.N. 34 of 2022;

L.N. 6 of 2023.

The rate of interest on late payment shall be 9.97 per cent per annum.

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

operator of an aircraft shall pay to Eurocontrol a route charge,

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

performed by his aircraft in the specified airspace in accordance

with the procedures laid down in application of the Standards and

Recommended Practices of the International Civil Aviation

Organization.

(2) The charge shall constitute remuneration for the costs

incurred by Malta Air Traffic Services Limited in respect of en-

route air navigation facilities and services and the operation of the

Route Charges System. It shall also constitute remuneration for the

costs incurred by the Department of Civil Aviation in respect of its

regulatory function 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 and the Department

of Civil Aviation in accordance with the applicable rules.

(4) If Eurocontrol is unable, after taking reasonable steps, to

ascertain who is the operator, 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 the notice is given

Eurocontrol shall be entitled, for so 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 subregulation, shall

apply to the owner of the aircraft.

(1) The charge shall be calculated in Euro according to the

following formula

r = n x u

where r is the charge for the flight, n is the number of service units

relating to that flight and u is the appropriate unit rate specified in

column 3 of the First Schedule.

(2) For the purpose of the preceding subregulation, the number

of Service units relating to a flight shall be calculated in

accordance with the the following formula

n = d x p

where d is the distance factor for the flight in the specified airspace

and p is the weight factor for the aircraft concerned.

(3) For the purposes of the preceding subregulation, the

distance factor (d) shall be obtained by dividing by one hundred

(100) the number of kilometres in the great circle distance between

-

the aerodrome of departure within, or the point of

entry into, the specified airspace

and

-

the aerodrome of first destination within, or the point

of exit from, that airspace.

The aforeasaid entry and exit points shall be the points at

which the lateral limits of the specified airspace are crossed by the

route described in the flight plan. This flight plan incorporates any

changes made by the operator to the flight plan initially filed as

well as any changes approved by the operator resulting from air

traffic flow management measures.

However, for flights terminating at the aerodrome from

which the aircraft has taken off and during which no intermediate

landing has been made (circular flights), and for which the one

most distant point from the aerodrome lies within the specified

airspace, the distance factor shall be obtained by dividing by one

hundred (100) the number of kilometres in the great circle distance

between

-

the aerodrome within, or the point of entry into, the

specified airspace,

and

-

the most distant point from the aerodrome

plus

the number of kilometres in the great circle distance

between

-

the most distant point from the aerodrome

and

-

the aerodrome within, or the point of exit from, that

airspace.

The distance to be taken into account shall be reduced by

twenty (20) kilometres for each landing and take-off in the

specified airspace and shall be expressed to two decimal places.

(4) For the purposes of the preceding subregulation, the weight

factor (p) shall be the square root of the quotient obtained by

dividing by fifty (50) the number of metric tons in the maximum

certificated t ake-off weight of the aircraft as sh own in the

certificate of airworthiness, the flight manual or any other

equivalent official document and shall be expressed to two decimal

places.

Where the maximum certificated take-off weight of the

aircraft is not known to the bodies responsible for the collection of

the charge, the weight factor shall be calculated by taking the

heaviest aircraft of the same type known to exist.

Where an aircraft has multiple certificated maximum take-

off weights, the weight factor shall be established on the basis of

the highest maximum take-off weight authorised for the aircraft by

its State of registration.

Where an operator has indicated to the bodies for the

collection of the charge that he operates two or more aircraft which

are diff erent versions o f the sa me t ype, t he average of the

maximum take-off weights of all his aircraft of that type shall be

taken for the calculation of the weight factor for each aircraft of

that type. The calculation of this factor per aircraft type and per

operator shall be effccted at least once a year.

(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 Eurocontroi 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.

(6) Without prejudice to any existing rule of law relating to the

payment, under an order of the court, of a debt, the amount of the

charge may be recovered in any court of competent jurisdiction in

Malta.

(7) Eurocontrol shall consider payment into the accounts

opened in its name with banking establishments in Malta

designated by the competent bodies of the Route Charges System as

a discharge of the payer’s liability.

(8) Any aircraft operator who is a national of Malta may,

whenever payment is made by him into a designated banking

establishment situated in Malta, discharge the debt in Maltese

currency.

(9) Where an aircraft operator avails himself of the facility

referred to in the foregoing subregulation, the conversion into

Maltese currency of the euro amount shall be effected at the daily

exchange rate used in Malta for commercial transactions for the

value date.

(1) Claims against bills must be submitted to 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 the 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 authorised 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

(1) flights by military aircraft of any State;

(2) flights authorised by a competent Search and Rescue

body for search and rescue operations;

(3) flights performed under Visual Flight Rules;

(4) 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;

(5) 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;

(6) 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

CIVIL AVIATION

(ROUTE CHARGES FOR NAVIGATION SERVICES)

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;

(7) flights performed by aircraft of which the Maximum

Take-Off Weight Authorised is less than two metric

tons;

(8) flights performed by customs and police aircraft.

CIVIL AVIATION

(ROUTE CHARGES FOR NAVIGATION SERVICES)