CIVIL AVIATION (NOISE RELATED OPERATING RESTRICTIONS AT AIRPORTS) REGULATIONS

CIVIL AVIATION (NOISE RELATED

OPERATING RESTRICTIONS AT AIRPORTS)

SUBSIDIARY LEGISLATION 499.39

CIVIL AVIATION (NOISE RELATED OPERATING

RESTRICTIONS AT AIRPORTS) REGULATIONS

19th August, 2005

LEGAL NOTICE 296 of 2005.

The title of these regulations is the Civil Aviation (Noise

Related Operating Restrictions at Airports) Regulations.

In these regulations, unless the context otherwise requires

"airport" means a civil airport within the European Community

which has more than 50,000 movements of civil subsonic jet

aeroplanes per calendar year, where a movement is a take-off or

landing, taking into consideration the average amount of the last

three calendar years before the application of the provisions of the

Directive to the relative airport;

" ci v i l s u b s o n ic j e t ae r o p l a n es " m ea n s a er o p l an e s w i th a

maximum certificated take-off mass of 34,000 kg or more, or with a

certif ied m aximum internal accomm odation f or the relative

aerop lane typ e consisting of m ore than 19 passen ger seats,

excluding any seats for crew only;

"the Directive" means Directive 2002/30/EC of the European

Parliament and of the Council of the 26th March, 2002 on the

establishment of rules and procedures with regard to the

introduction of noise related operating restrictions at Community

airports;

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

extent of the authority given, any person authorised in that behalf

by the Director;

"marginally compliant aeroplanes" means civil subsonic jet

aeroplanes that meet the certification limits laid down in Volume 1,

Part II, Chapter 3 of Annex 16 to the Convention on International

Civil Aviation by a cumulative margin of not more than 5EPNdB

(Effective Perceived Noise in decibels), whereby the cumulative

margin is the figure expressed in EPNdB obtained by adding the

individual margins (namely the differences between the certificated

noise level and the maximum permitted noise level) at each of the

three reference noise measurement points as defined in the said

certification limits;

"operating restrictions" means noise related action that limits or

reduces the access of civil subsonic jet aeroplanes to an airport; it

includes operating restrictions aimed at the withdrawal from

operations of marginally compliant aeroplanes at specific airports,

as well as operating restrictions of a partial nature affecting the

operation of civil subsonic aeroplanes according to the time period;

"interested parties"means natural or legal persons affected, or

likely to be affected by, or having a legitimate interest in the

CIVIL AVIATION (NOISE RELATED

OPERATING RESTRICTIONS AT AIRPORTS)

introduction of, noise reduction measures including operating

restrictions.

The Director shall take any such measures with regard to

an airport, such as operating restrictions and economic incentives

as well as the withdrawal of marginally compliant aeroplanes, to

deal with noise problems at airports within Malta and when doing

so he shall take into account the provisions of the Directive.

The Director shall allow marginally compliant civil

subsonic jet aeroplanes registered in developing countries to

operate in airports located in Malta up to the 25th March, 2012

provided that such aircraft are noise certified in accordance with

Volume 1, Part II, Chapter 3 of Annex 26 to the Convention on

International Civil Aviation, that they were used at the airport

between the 1st January, 1996 and the 31st December, 2001, and

that during such period the aircraft were on the register of such

developing countries and continue to be operated by a national or

legal person established in that country.

The Director may in certain cases exempt airports from

these regulations and authorise the individual operation on an ad

hoc basis of marginally compliant aircraft which would otherwise

not be permitted under these regulations. Such authorisation shall,

however, be limited to aircraft whose individual operations are of

such an exceptional nature that it would be unreasonable to

withhold a temporary authorisation, and which are being operated

for non-revenue flights for alterations, repair or maintenance.