Regolamenti dwar Aġenti Regolati

A{ENTI REGOLATI

LE{ISLAZZJONI SUSSIDJARJA 405.01

REGOLAMENTI DWAR A{ENTI REGOLATI

1 ta’ Mejju, 2002

L-AVVI| LEGALI 286 ta’ l-2001.

The title of these regulations is the Regulated Agents

Regulations.

In these regulations, unless the context otherwise requires -

"the Act" means the Airports and Civil Aviation (Security) Act;

"applicant" means a regulated agent who applies for inclusion on

the list of security approved regulated agents;

"cargo" includes mail, courier and express items, and stores other

than goods intended for sale or use on the aircraft on which they are

carried; and "relevant regulated" shall be construed accordingly;

"list of security approved regulated agents" means the list

referred to in regulation 3;

"prohibited article" means any of the articles referred to in article

25(2)(a), (b) and (c) of the Act or an incendiary device, which in

either case is being carried without lawful authority or reasonable

excuse;

"Registrar of Companies" means the registrar or other officer

appointed in terms of article 400 of the Companies Act and

performing the duty of registration of companies in Malta;

"security approved regulated agent" means a regulated agent

whose name is included on the list referred to in regulation 3.

(2) Any notice authorised or required by these regulations to be

given to any person shall be in writing.

The Minister shall maintain a list of regulated agents who

are approved by him for purposes related to aviation security,

which shall be called "the list of security approved regulated

agents".

A regulated agent may apply for inclusion on the list of

security approved regulated agents only if he carries on the

business of -

(a) handling cargo intended for carriage by civil aircraft;

and

(b) delivering, whether by himself or through a person

acting on his behalf, such cargo to an aircraft operator

for carriage by such aircraft from Malta International

Airport to any destination.

(1) Subject to regulation 4, a regulated agent may make

application to the Minister to be included on the list of security

approved regulated agents, and such application shall include the

REGULATED AGENTS

following information relating to the applicant

(a) where the applicant is a body required by law to be

registered by the Registrar of Companies, the name,

registered number and registered office of that body;

(b) where the applicant is an association or partnership

which is not required by law to be so registered, the

full name of each member of the association or

partnership, as the case may be;

(c) where the applicant is a sole proprietor, the full name

of that proprietor; together with the additional

information specified in subregulation (2).

(2) The additional information referred to in subregulation

(1)(c) is

(a) the applicant’s trading name, if different from the

name given under subregulation (1);

(b) the applicant’s VAT registration number, if any;

(c) the telephone number, facsimile number, if any, and

address of the principal office, and of all premises

where relevant regulated is handled by the applicant;

(d) where the applicant is not a sole proprietor, the name,

telephone number, facsimile number, if any, and

address of any individual who will accept on behalf of

the applicant any written or verbal communication

(including any document mentioned in articles 4 and

20 of the Act) from the Minister relating to relevant

regulated business;

(e) the number of staff engaged by the applicant in the

handling of relevant regulated;

(f)

the number of staff engaged by the applicant in

security duties;

(g) details of any criminal convictions of

(i) the applicant;

(ii) any staff employed by the applicant in the

handling of cargo intended for carriage by

aircraft;

(iii) where the applicant is a body corporate, any

director of partnership, any member of that

association or partner in that partnership.

The Minister may include an applicant on the list of

security approved regulated agents only if he is satisfied as to each

of the following matters

(a) that the applicant has delivered to him a description of

the applicant’s current security procedures and

measures in relation to regulated, and that in the

Minister’s opinion those procedures and measures are

reasonable for the purpose to which Part III of the Act

applies;

(b) that the applicant has made adequate arrangements to

ensure that all parts of premises where the applicant

handles relevant regulated, after he has satisfied

himself that it contains no prohibited articles, are

physically secure and have appropriate controls on

access; and

(c) that the applicant is likely to be able to comply with

any directions which may be given to him by the

Minister under articles 22 and 23 of the Act.

Where the Minister decides to include an applicant on the

list of security approved regulated agents, he shall give notice to

the applicant of his decision and of the date on which the applicant

was placed on such a list.

(1) Where the Minister proposes not to include an

applicant on the list of security approved regulated agents, he shall

give notice to the applicant of such proposal and of the reasons for

it.

(2) The applicant may make representations to the Minister

within twenty-eight days from the date of the Minister’s notice

under subregulation (1).

(3) The Minister shall take into account any representations

made under subregulation (2) before reaching a decision as to the

inclusion of the applicant on the list.

(4) Where the Minister decides not to include an applicant on

the list, he shall give notice to the applicant of his decision and of

the reasons for it.

(5) Any applicant whom the Minister decides not to include on

the list of security approved regulated agents may not re-apply for

such inclusion until after the expiry of a period of twelve months

starting from the date of the Minister’s notice under subregulation

(4).

A security approved regulated agent shall give notice to the

Minister if at any time any information provided to the Minister in

pursuance of regulation 5(1) and (2)(a), (c), (d) or (g) is rendered

inaccurate by any changes of circumstances, and shall give notice

to the Minister within seven days of such change occurring.

(1) If at any time it appears to the Minister that -

(a) a security approved regulated agent no longer carries

on a relevant regulated business;

(b) a security approved regulated agent is no longer able

or has failed to comply with any direction given to the

regulated agent under articles 22(2)(a) or 23 of the

Act;

(c) five years have elapsed from the date of the regulated

agent first being placed on the list of security approved

regulated agents, or from the last five yearly

anniversary of that date, or from the last occasion of

the regulated agent being placed on the list that date,

or from the last occasion of the regulated agent being

placed on the list (whichever is the later), and he has

not applied at least forty-two days previously to

remain on the list;

(d) in providing any information required pursuant to

regulation 5, a regulated agent has made a statement

which is false in a material particular;

(e) a security approved regulated agent is in breach of

regulation 9; or

(f)

there is any other good reason for the security

approved regulated agent to be removed from the list,

the Minister may remove that regulated agent from the list of

security approved regulated agents.

(2) In a case where the Minister decides to remove a security

approved regulated agent from the list of security approved

regulated agents he shall forthwith give notice to that agent of that

removal and of the reason for it and the agent may, in accordance

with subregulations (3) and (4), appeal to the Minister against that

decision.

(3) An appeal to the Minister shall be made by notice signed by

or on behalf of the regulated agent given to the Minister and stating

the grounds on which the appeal is based and the arguments on

which the agent relies.

(4) Notice of appeal shall be given within twenty-eight days

from the date of the notice referred to in subregulation (2).

(5) The Minister shall give notice to the regulated agent of his

decision to maintain the removal of that agent from that list and the

notice shall include the reason for that decision.

(6) Any regulated agent whom the Minister decides to remove

from the list of security approved regulated agents for a reason

w i t h i n s u b r e g u l a t i o n ( 1 ) , o t h e r t h a n p a r a g r a p h (c ) o f t h a t

subregulation, may not re-apply for inclusion in that list until after

the expiry of the period of twelve months starting from the date of

the Minister’s notice under subregulation (2) or (5), whichever is

the later.

(7)

(a) The Minister shall remove a security approved

regulated agent from the list of security approved

regulated agents upon being requested to do so by the

agent.

(b) Subject to paragraph (c), if a regulated agent is

removed from the list of security approved regulated

agents pursuant to paragraph (a), the Minister may, on

the request of the agent, re-include that regulated agent

on the list if he is satisfied that it is appropriate to do

so.

(c) The Minister may only re-include a regulated agent on

the list of security approved regulated agents under

paragraph (b) if he receives a request for such re-

inclusion from that regulated agent not less than one

month from the date on which that agent was removed

REGULATED AGENTS

from the list.