ALLOCATION OF SLOTS AT AIRPORT REGULATIONS

SUBSIDIARY LEGISLATION 499.20

ALLOCATION OF SLOTS AT AIRPORT

REGULATIONS

16th December, 2002

LEGAL NOTICE 300 of 2001, as amended by Legal Notice 411 of 2007

and Act XL of 2023.

The title of these regulations is the Allocation of Slots at

Airport Regulations.

In these regulations, unless the context otherwise requires

"air carrier" means any person including bodies corporate or

unincorporated who, regardless of their nationality, place of

habitual residence, principal place of business, place of

incorporation or management and administration, operate aircraft,

regardless of the place of registration of such aircraft, on a

commercial basis for the purpose of carrying persons, cargo and

mail;

"aircraft scheduling" means the allocation of slots;

"airport" means the Malta International Airport; it shall also have

the meaning assigned to the term "aerodrome" by article 2 of the

Air Navigation Act, and the meaning assigned to the term "airport"

by article 2 of the Airports and Civil Aviation (Security) Act.

"Airport operator", in relation to an airport, means the person for

the time being having the management of that airport;

"Director" means the Director of Civil Aviation and, to the extent

of the authority given, any person so authorised by him;

"IATA" means the International Air Transport Association;

"major home based carrier" means the Maltese registered carrier

that carries the greatest number of passengers per year to and from

Malta;

"slot" means the scheduled time of arrival or departure available

or allocated to an aircraft movement on a specific date at an airport

designated in terms of these regulations.

(1) A scheduling co-ordinator shall be appointed in

accordance with the following procedure: the Airport operator,

after having consulted the air carriers using the airport regularly,

shall submit to the Director for his written approval or otherwise, a

list of not more than three persons who are knowledgeable in and

have experience of aircraft scheduling; in the event that the

Director approves more than one person, the Airport operator shall

appoint the nominee of his choice.

(2) The scheduling co-ordinator shall hold office for a period

of four years, which may be renewed for a further term.

(3) The Airport operator and the Director shall jointly have the

power to dismiss the scheduling co-ordinator if he knowingly fails

ALLOCATION OF SLOTS AT AIRPORT

to observe his duties under subregulation (5)(a) to (d).

(4) The scheduling co-ordinator shall be solely responsible for

the scheduling of slots. He may consult the Airport Scheduling

Committee on the scheduling of the slots, and, subject to the

provisions of regulation 6, his decision shall be final.

(5) In the exercise of his duties, the scheduling co-ordinator

(a) act in an independent, neutral, non-discriminatory and

transparent manner;

(b) ensure that air carriers’ requirements are met;

(c) ensure that aircraft, passengers, cargo and mail are

handled in the most efficient and expeditious manner;

(d) monitor the use of slots; and

(e) participate, as appropriate, in scheduling conferences

of air carriers or their representative international

organisations.

(6) The scheduling co-ordinator shall have the power to request

any information from any air carrier that may be required in order

for him to carry out his scheduling responsibilities.

(7) Air carriers operating or intending to operate at the airport

shall provide the scheduling co-ordinator with such information as

may be requested in terms of subregulation (6).

(8) The scheduling co-ordinator shall, on request and within a

reasonable time, make available for review to the Airport operator,

the Director and air carriers the following information

(a) historical slots, in a chronological manner, of all air

carriers at the airport;

(b) requested slots (initial submissions) by air carriers and

chronologically, for all air carriers;

(c) all allocated slots and outstanding slot requests, listed

individually in chronological order, by air carriers, for

all air carriers;

(d) remaining available slots; and

(e) full details on the criteria being used in the allocation

of slots.

(9) The information in subregulation (8) shall be made

available, unless otherwise notified, at the latest at the time of the

rel eva nt sc hed ul in g co nferen c e s and as a pp ro pr i a te d ur i ng

conferences and thereafter.

(1) An Airport Scheduling Committee, hereinafter referred

to as "the Committee", shall be established and shall be composed

(a) the representative of the Airport operator, who shall

act as Chairman;

(b) a representative of non-Maltese registered air carriers

or of their representative organizations;

(c) the Director or his representative;

(d) a person nominated by the air traffic services provider;

(e) a representative of the major home based carrier; and

(f)

a representative of the ground handling agents,

provided that that representative does not represent a

person already represented in any manner by virtue of

paragraphs (a) to (e), both inclusive.

(2)

The tasks of the Committee shall be to

(a) review on a regular basis possibilities to increase air

traffic capacity;

(b) review and recommend improvements to air traffic

conditions prevailing at the airport;

(c) adopt and review on a regular basis a set of guidelines

on the allocation of slots to be followed by the

scheduling co-ordinator giving due consideration to

local conditions;

(d) keep a record of the use of allocated slots; and

(e) hear and determine complaints on the allocation of

slots as provided for in these regulations.

(3) The Committee shall meet at least twice yearly. Meetings

shall be called by the Chairman. The Chairman and one other

member shall constitute a quorum.

(4) The Committee shall convene without delay whenever it is

required to be consulted by the scheduling co-ordinator.

(5) The Committee shall have the right to require the

scheduling co-ordinator to submit all relevant information at his

disposal pertaining to a particular case in respect of which a

complaint has been filed under regulation 6.

(6) The scheduling co-ordinator and the complainant shall have

the right to be present at hearings of the Committee in respect of

complaints filed in terms of regulation 6.

The scheduling co-ordinator and the Committee shall keep

written records of all relevant correspondence, meetings and

decisions.

An air carrier may submit a complaint, to be made in

writing, to the Committee which shall investigate that complaint

and may make recommendations to the scheduling co-ordinator to

review or alter his decision.

(1) Any person who fails to provide the scheduling co-

ordinator or the Committee with the relevant information requested

within the time specified in a written notice shall be guilty of an

offence.

(2) Any person who knowingly provides false information to

the scheduling co-ordinator or to the Committee shall be guilty of

an offence.

(1) A person who commits an offence under regulation

7(1) shall be liable, on conviction, to a fine (multa) not exceeding

one thousand and one hundred and sixty-four euros and sixty-nine

cents (1,164.69), and, in the case of a second or subsequent

conviction, to a fine (multa) not exceeding two thousand and three

hundred and twenty-nine euros and thirty-seven cents (2,329.37).

(2) A person who commits an offence under regulation 7(2)

shall be liable, on conviction, to a fine (multa) not exceeding two

thousand and three hundred and twenty-nine euros and thirty-seven

cents (2,329.37) or to imprisonment for a term not exceeding six

months or both such fine and imprisonment.