CIVIL AVIATION (TERMINAL CHARGES FOR NAVIGATION SERVICES) REGULATIONS

SUBSIDIARY LEGISLATION 333.02

CIVIL AVIATION (TERMINAL CHARGES FOR

NAVIGATION SERVICES) REGULATIONS

1st January, 2015 *

LEGAL NOTICE 348 of 2015, as amended by Legal Notice 41 of 2017,

255 of 2017, 124 of 2018, 26 of 2019, 38 of 2020, 8 of 2021, 32 of 2022 and

7 of 2023 and Act XL of 2023.

The title of these regulations is the Civil Aviation

(Terminal Charges for Navigation Services) Regulations.

Amended by

L.N. 41 of 2017;

Regulation 4(1)

L.N. 255 of 2017.

Substituted by

L.N. 124 of 2018;

L.N. 26 of 2019;

L.N. 38 of 2020;

L.N. 8 of 2021;

L.N. 32 of 2022;

L.N. 7 of 2023.

(1)

(2)

(3)

Country

Publication in which FIR is

Unit rate in Euro

described

Malta

Malta AIP

175.00

(1)

In these regulations, unless the context otherwise

requires

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

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 Act.

Amended by

L.N. 41 of 2017;

Regulation 5(4)

L.N. 255 of 2017;

Substituted by

L.N. 124 of 2018;

L.N. 26 of 2019;

L.N. 38 of 2020;

L.N. 8 of 2021;

L.N. 32 of 2022;

L.N. 7 of 2023.

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

operator of an aircraft shall pay to EUROCONTROL a terminal

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.

*see regulation 1(2) of these Regulations as originally promulgated.

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

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 metri c tons, wh ich 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

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

w i t h o u t E U R O C O N T R O L’ s p r i o r a g r e e m e n t w h e r e

EUROCONTROL and a user are mutually debtor and creditor.

These regulations shall not apply to the following 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.

CIVIL AVIATION

(TERMINAL CHARGES FOR NAVIGATION SERVICES)