L.S. 333.01 Civil Aviation (Route Charges for Navigation Services) Regulations

(1)requires: Interpretation. Amended by: Act XL of

1. In these regulations unless the context otherwise "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; Cap.
2. "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. 3.

(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 enroute 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 Cap. 641 Charges to be paid to Eurocontrol. Amended by: L.N. 35 of

1. 2 CIVIL AVIATION (ROUTE CHARGES FOR NAVIGATION SERVICES) [ S.L.333.01 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. Calculation of the charge. Amended by: L.N. 442 of
2. 4.

(1)The charge shall be calculated in Euro according to the following formula: r=nxu 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=dxp 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: CIVIL AVIATION (ROUTE CHARGES FOR NAVIGATION SERVICES) - [ S.L.333.01 3 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 takeoff 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. 5.

(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. Payment. Amended by: L.N. 424 of 2007; L.N. 442 of 2007. 4 [ S.L.333.01 CIVIL AVIATION (ROUTE CHARGES FOR NAVIGATION SERVICES)

(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. Claims. 6.

(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. Exempt flights. Amended by: L.N. 22 of 2007; L.N. 142 of 2008. 7. 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) [ S.L.333.01 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. 5 6 [ S.L.333.01 Substituted by: L.N. 434 of 2003; 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)Country Malta Substituted by: L.N. 434 of 2003; 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. CIVIL AVIATION (ROUTE CHARGES FOR NAVIGATION SERVICES) FIRST SCHEDULE (Regulation 4

(1))

(2)Publication in which FIR is described Malta AIP

(3)Unit rate in Euro 24.41 SECOND SCHEDULE (Regulation 5

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