under Part IV shall be entitled to such additional rights in terms of
\nMISCELLANEOUS Powers to make regulations.
\nAmended by:
\nLII. 2016.25.
\nSegregated cells within aviation undertakings. (a) the mode of its applicability to aviation undertakings of the particular legal form; and (b) all related and ancillary matters, including but not limited to the powers of the relevant Registrar, any requirements for notification to such registrar or for registration in the relevant registry, applicable fees, forms, or otherwise.
\nConflict between texts and language of the First Schedule and regulations.
\nTransitory provisions.
\nAIRCRAFT REGISTRATION
\nApplication of Laws.
\nAdministrative sanctions.
\nAdded by:
\nLII. 2016.26.
\nProvided that if such person is found guilty of more than one offence in the same charge, the Authority shall only impose the payment of the higher penalty attributed to the offence in the same charge as listed in the Sixth Schedule:
\nProvided further that the Authority may also impose a suspended penalty which penalty shall be paid within such period as the Authority may establish. The Authority may also determine such conditions, limitations and restrictions both with regard to the penalty and the suspended penalty as it may deem fit.
\nAIRCRAFT REGISTRATION FIRST SCHEDULE (Articles 2, 4, 26, 28, 29, 30, 31, 32, 33, 39, 45, 50, 52, 53, 54, 55 and 58) THE IMPLEMENTING LAW IN RESPECT OF THE CAPE TOWN CONVENTION ON INTERNATIONAL INTERESTS IN MOBILE EQUIPMENT AND THE AIRCRAFT PROTOCOL THERETO PREAMBLE AWARE of the need to acquire and use aircraft equipment of high value or particular economic significance and to facilitate the financing of the acquisition and use of such equipment in an efficient manner, RECOGNISING the advantages of asset-based financing and leasing for this purpose and desiring to facilitate these types of transaction by establishing clear rules to govern them, MINDFUL of the need to ensure that interests in such equipment are recognised and protected universally, DESIRING to provide broad and mutual economic benefits for all interested parties, BELIEVING that such rules must reflect the principles underlying asset-based financing and leasing and promote the autonomy of the parties necessary in these transactions, CONSCIOUS of the need to establish a legal framework for international interests in such equipment and for that purpose use of an international registration system for their protection, MINDFUL of the principles and objectives of the Convention on International Civil Aviation, signed at Chicago on 7 December 1944, Malta has promulgated the following implementing legislation (\"this Schedule\") relating to its accession to the Convention on International Interests in Mobile Equipment and the Protocol thereto on Matters Specific to Aircraft Equipment:
\nSphere of application and general provisions
\nIn this Schedule, references to \"this Act\" are references to the principal Act to which this Schedule is annexed and except where the context otherwise requires, the following terms are employed with the meanings set out below: (a) \"agreement\" means a security agreement, a title reservation agreement or a leasing agreement; (b) \"aircraft\" means aircraft as defined for the purposes of the Chicago Convention which are either airframes with aircraft engines installed thereon or helicopters; (c) \"aircraft engines\" means aircraft engines (other than those used in military, customs or police services) powered by jet propulsion or turbine or piston technology and: (i) in the case of jet propulsion aircraft engines, have at least 1750 lb of thrust or its equivalent; and (ii) in the case of turbine-powered or piston-powered aircraft engines, AIRCRAFT REGISTRATION have at least 550 rated take-off shaft horsepower or its equivalent, together with all modules and other installed, incorporated or attached accessories, parts and equipment and all data, manuals and records relating thereto; (d) \"aircraft objects\" means airframes, aircraft engines and helicopters; (e) \"aircraft register\" means the National Aircraft Registry or another register maintained by a State or common mark registering authority for purposes of the Chicago Convention; (f) \"airframes” means\" airframes (other than those used in military, customs and police services) that, when appropriate aircraft engines are installed thereon, are type certified by the competent aviation authority to transport: (i) at least eight (8) persons including crew; or (ii) goods in excess of 2750 kilograms, together with all installed, incorporated or attached accessories, parts and equipment (other than aircraft engines), and all data, manuals and records relating thereto; (g) \"assignment\" means a contract which, whether by way of security or otherwise, confers on the assignee associated rights with or without a transfer of the related international interest; (h) \"associated rights\" means all rights to payment or other performance by a debtor under an agreement which are secured by or associated with the aircraft object; (i) \"authorised party\" means the party referred to in Article 25(3); (j) \"Cape Town Convention\" means the Convention on International Interests in Mobile Equipment as modified by the Protocol to the Convention on International Interests in Mobile Equipment on Matters specific to Aircraft Equipment, each concluded at Cape Town, South Africa on 16 November 2001;
\n(k) \"Cape Town Convention State\" means any State that is party to the Cape Town Convention; (l) \"Chicago Convention\" means the Convention on International Civil Aviation, signed at Chicago on 7 December 1944, as amended, and its Annexes; (m) \"commencement of the insolvency proceedings\" means the time at which the insolvency proceedings are deemed to commence under the applicable insolvency law; (n) \"common mark registering authority\" means the authority maintaining a register in accordance with Article 77 of the Chicago Convention as implemented by the Resolution adopted on 14 December 1967 by the Council of the International Civil Aviation Organization on nationality and registration of aircraft operated by international operating agencies; (o) \"conditional buyer\" means a buyer under a title reservation agreement; (p) \"conditional seller\" means a seller under a title reservation agreement; (q) \"contract of sale\" means a contract for the sale of an aircraft object by a seller to a buyer which is not an agreement as defined in (a) above; (r) \"court\" means a court of law or an administrative or arbitral tribunal AIRCRAFT REGISTRATION established by a Cape Town Convention State; (s) \"creditor\" means a chargee under a security agreement, a conditional seller under a title reservation agreement or a lessor under a leasing agreement; (t) \"debtor\" means a chargor under a security agreement, a conditional buyer under a title reservation agreement, a lessee under a leasing agreement or a person whose interest in an aircraft object is burdened by a registrable non-consensual right or interest; (u) \"de-registration of the aircraft\" means deletion or removal of the registration of the aircraft from its aircraft register in accordance with the Chicago Convention; (v) \"guarantee contract\" means a contract entered into by a person as guarantor; (w) \"guarantor\" means a person who, for the purpose of assuring performance of any obligations in favour of a creditor secured by a security agreement or under an agreement, gives or issues a suretyship or demand guarantee or a standby letter of credit or any other form of credit insurance; (x) \"helicopters\" means heavier-than-air machines (other than those used in military, customs or police services) supported in flight chiefly by the reactions of the air on one or more power-driven rotors on substantially vertical axes and which are type certified by the competent aviation authority to transport: (i) at least five (5) persons including crew; or (ii) goods in excess of 450 kilograms,
\ntogether with all installed, incorporated or attached accessories, parts and equipment (including rotors), and all data, manuals and records relating thereto; (y) \"insolvency administrator\" means a person authorised to administer the reorganisation or liquidation, including one authorised on an interim basis, and includes a debtor in possession if permitted by the applicable insolvency law; (z) \"insolvency proceedings\" means bankruptcy, liquidation or other collective judicial or administrative proceedings, including interim proceedings, in which the assets and affairs of the debtor are subject to control or supervision by a court for the purposes of reorganisation or liquidation; (aa) \"insolvency-related event\" means: (i) the commencement of the insolvency proceedings; or (ii) the declared intention to suspend or actual suspension of payments by the debtor where the creditor’s right to institute insolvency proceedings against the debtor or to exercise remedies under this Act is prevented or suspended by law or State action; (bb) \"interested persons\" means: (i) the debtor; (ii) any guarantor; (iii) any other person having rights in or on the aircraft object; (cc) \"international interest\" means an interest held by a creditor to which AIRCRAFT REGISTRATION Article 2 applies; (dd) \"International Registry\" means the international registration facilities established by the Cape Town Convention; (ee) \"leasing agreement\" means an agreement by which one person (the lessor) grants a right to possession or control of an aircraft object (with or without an option to purchase) to another person (the lessee) in return for a rental or other payment; (ff) \"National Aircraft Register\" means the Malta Aircraft Register of Malta; (gg) \"non-consensual right or interest\" means a right or interest conferred under the law of a Cape Town Convention State to secure the performance of an obligation, including an obligation to a State, State entity or an intergovernmental or private organisation; (hh) \"pre-existing right or interest\" means a right or interest of any kind in or on an aircraft object created or arising before the effective date of this Schedule, as specified in Article 56 of this Schedule; (ii) \"primary insolvency jurisdiction\" means the Cape Town Convention State in which the centre of the debtor’s main interests is situated, which for this purpose shall be deemed to be the place of the debtor’s statutory seat or, if there is none, the place where the debtor is incorporated or formed, unless proved otherwise; (jj) \"priority non-consensual right or interest\" means a non-consensual right
\nor interest conferred under the law of Malta of the following types: (i) judicial costs incurred in respect of the sale of the aircraft and the distribution of the proceeds thereof pursuant to the enforcement of any mortgage or other executive title; (ii) fees and other charges due to the Director General arising under applicable law of Malta in respect of the aircraft; (iii) wages due to crew in respect of their employment on the aircraft; (iv) any debt due to the holder of a possessory lien for the repair, preservation of the aircraft to the extent of the service performed on and value added to the aircraft; (v) the expenses incurred for the repair, preservation of the aircraft to the extent of the service performed on and value added to the aircraft; and (vi) wages and expenses for salvage in respect of the aircraft. (kk) \"proceeds\" means money or non-money proceeds of an aircraft object arising from the total or partial loss or physical destruction of the aircraft object or its total or partial confiscation, condemnation or requisition; (ll) \"prospective assignment\" means an assignment that is intended to be made in the future, upon the occurrence of a stated event, whether or not the occurrence of the event is certain; (mm)\"prospective international interest\" means an interest that is intended to be created or provided for in an aircraft object as an international interest in the future, upon the occurrence of a stated event (which may include the debtor’s acquisition of an interest in the aircraft object), whether or not the occurrence of the event is certain; (nn) \"prospective sale\" means a sale which is intended to be made in the AIRCRAFT REGISTRATION future, upon the occurrence of a stated event, whether or not the occurrence of the event is certain; (oo) \"registered\" means registered in the International Registry under the Cape Town Convention; (pp) \"registered interest\" means an interest registered with the International Registry pursuant to the Cape Town Convention; (qq) \"registrable non-consensual right or interest\" means a non-consensual right or interest conferred under the law of Malta of the following types: (i) taxes, duties and/or levies due to the Government of Malta in respect of the aircraft; (ii) wages and expenses for assistance or recovery in respect of the aircraft; (rr) \"Registrar\" means the person or body serving as Registrar under the Cape Town Convention; (ss) \"registry authority\" means the Maltese Director General of Civil Aviation as the authority maintaining a National Aircraft Register,
\nwhich is responsible for the registration and de-registration of an aircraft in Malta in accordance with the Chicago Convention; (tt) \"regulations\" means regulations made or approved by the Supervisory Authority pursuant to the Cape Town Convention; (uu) \"sale\" means a transfer of ownership of an aircraft object pursuant to a contract of sale; (vv) \"secured obligation\" means an obligation secured by a security interest; (ww) \"security agreement\" means an agreement by which a chargor grants or agrees to grant to a chargee an interest (including an ownership interest) in or over an aircraft object to secure the performance of any existing or future obligation of the chargor or a third person; (xx) \"security interest\" means an interest created by a security agreement; (yy) \"State of registry\" means, in respect of an aircraft, the State on the national register of which an aircraft is entered or the State of location of the common mark registering authority maintaining the aircraft register; (zz) \"Supervisory Authority\" means the body acting as Supervisory Authority under the Cape Town Convention; (aaa) \"title reservation agreement\" means an agreement for the sale of an aircraft object on terms that ownership does not pass until fulfilment of the condition or conditions stated in the agreement; (bbb) \"unregistered interest\" means a consensual interest or non-consensual right or interest (other than a priority non-consensual right or interest to the extent specified in Article 45(1)) which has not been registered, whether or not it is registrable under the Cape Town Convention or this Act; and (ccc) \"writing\" means a record of information (including information communicated by teletransmission) which is in tangible or other form and is capable of being reproduced in tangible form on a subsequent occasion and which indicates by reasonable means a person’s approval of the record.
\nAIRCRAFT REGISTRATION
\n1.
\nThis Act provides for the constitution and effects of an international interest in aircraft objects and associated rights.
\n2.
\nFor the purposes of this Schedule, an international interest in aircraft objects is an interest, constituted under Article 10, in airframes, aircraft engines or helicopters: (a) granted by the chargor under a security agreement; (b) vested in a person who is the conditional seller under a title reservation agreement; or (c) vested in a person who is the lessor under a leasing agreement.
\nAn interest falling within sub-paragraph (a) does not also fall within subparagraph (b) or (c).
\n3.
\nThe applicable law determines whether an interest to which the preceding paragraph applies falls within sub-paragraph (a), (b) or (c) of that paragraph.
\n4.
\nAn international interest in an aircraft object extends to proceeds of that aircraft object.
\n1.
\nThis Act applies when, at the time of the conclusion of the agreement creating or providing for the international interest or a contract of sale, the debtor or seller, as applicable, is situated in a Cape Town Convention State.
\n2.
\nThe fact that the creditor or buyer is situated in a non-Cape Town Convention State does not affect the applicability of this Act.
\n3.
\nWithout prejudice to paragraph 1 of this Article, this Schedule shall also apply in relation to a helicopter, or to an airframe pertaining to an aircraft, registered in an aircraft register of a Cape Town Convention State which is the State of registry, and where such registration is made pursuant to an agreement for registration of the aircraft it is deemed to have been effected at the time of the agreement.
\n1.
\nFor the purposes of Article 3(1), the debtor or seller is situated in any Cape Town Convention State: (a) under the laws of which it is incorporated or formed; (b) where it has its registered office or statutory seat; (c) where it has its centre of administration; or (d) where it has its place of business.
\n2.
\nA reference in sub-paragraph (d) of the preceding paragraph to the debtor’s place of business shall, if it has more than one place of business, mean its principal place of business or, if it has no place of business, its habitual residence.
\n1.
\nIn the interpretation of this Schedule, regard is to be had to its purposes as AIRCRAFT REGISTRATION set forth in the preamble, to its international character and to the need to promote uniformity and predictability in its application.
\n2.
\nQuestions concerning matters governed by this Schedule which are not expressly settled in it are to be settled in conformity with the general principles on which it is based or, in the absence of such principles, in conformity with the applicable law.
\n3.
\nReferences to the applicable law are to the domestic rules of the law applicable by virtue of rules of private international law of the forum State.
\nIn addition to the specific provisions in this Schedule referring to sales and prospective sales, the general provisions of Article 1, Article 5, Chapters IV to VII, Article 35, Chapter X, Chapter XI (other than Article 48), Chapter XII and Chapter XIII shall apply to contracts of sale and prospective sales.
\nA person may enter into an agreement or a sale, and register an international interest in, or a sale of, an aircraft object [or take any other action under this Schedule], in an agency, trust or other representative capacity. In such case, that person is entitled to assert rights and interests under this Schedule.
\nA description of an aircraft object that contains its manufacturer’s serial number, the name of the manufacturer and its model designation is necessary and sufficient to identify the aircraft object for the purposes of Articles 10(c) and 11(1)(c) of this Schedule.
\nIntentionally omitted in the light of the terms of Accession to the Convention and the Protocol by the European Union
\nConstitution of an international interest; contracts of sale
\n1.
\nAn interest is constituted as an international interest under this Schedule where the agreement creating or providing for the interest: (a) is in writing; (b) relates to an aircraft object of which the chargor, conditional seller or lessor has power to dispose; (c) enables the aircraft object to be identified; and (d) in the case of a security agreement, enables the secured obligations to be determined, but without the need to state a sum or maximum sum secured.
\n2.
\nUnless otherwise agreed, the reference in the preceding paragraph to the law AIRCRAFT REGISTRATION chosen by the parties is to the domestic rules of law of the designated State or, where that State comprises several territorial units, to the domestic law of the designated territorial unit.
\n1.
\nFor the purposes of this Act, a contract of sale is one which: (a) is in writing; (b) relates to an aircraft object of which the seller has power to dispose; and (c) enables the aircraft object to be identified in conformity with this Schedule.
\n2.
\nA contract of sale transfers the interest of the seller in the aircraft object to the buyer according to its terms.
\nDefault remedies
\n1.
\nIn the event of default as provided in Article 17, the chargee may, to the extent that the chargor has at any time so agreed, exercise any one or more of the following remedies: (a) take possession or control of any aircraft object charged to it; (b) sell or grant a lease of any such aircraft object; (c) collect or receive any income or profits arising from the management or use of any such aircraft object.
\n2.
\nThe chargee may alternatively apply for a court order authorising or directing any of the acts referred to in the preceding paragraph.
\n3.
\nA chargee proposing to sell or grant a lease of an aircraft object under paragraph 1 shall give reasonable prior notice in writing of the proposed sale or lease to: (a) interested persons specified in Article 1(bb)(i) and (ii); and (b) interested persons specified in Article 1(bb)(iii) who have given notice of their rights to the chargee within a reasonable time prior to the sale or lease.
\n4.
\nA chargee giving ten or more working days’ prior written notice of a proposed sale or lease to interested persons shall be deemed to satisfy the requirement of providing \"reasonable prior notice\" specified in the preceding paragraph. The foregoing shall not prevent a chargee and a chargor or a guarantor from agreeing to a longer period of prior notice.
\n5.
\nAny sum collected or received by the chargee as a result of exercise of any of the remedies set out in paragraph 1 or 2 shall be applied towards discharge of the amount of the secured obligations.
\n6.
\nWhere the sums collected or received by the chargee as a result of the exercise of any remedy set out in paragraph 1 or 2 exceed the amount secured by the security interest and any reasonable costs incurred in the exercise of any such remedy, then unless otherwise ordered by the court the chargee shall distribute the surplus among holders of subsequently ranking interests which have been registered AIRCRAFT REGISTRATION or of which the chargee has been given notice, in order of priority, and pay any remaining balance to the chargor.
\n1.
\nAt any time after default as provided in Article 17, the chargee and all the interested persons may agree that ownership of (or any other interest of the chargor
\n2.
\nThe court may on the application of the chargee order that ownership of (or any other interest of the chargor in) any aircraft object covered by the security interest shall vest in the chargee in or towards satisfaction of the secured obligations.
\n3.
\nThe court shall grant an application under the preceding paragraph only if the amount of the secured obligations to be satisfied by such vesting is commensurate with the value of the aircraft object after taking account of any payment to be made by the chargee to any of the interested persons.
\n4.
\nAt any time after default as provided in Article 17 and before sale of the charged aircraft object or the making of an order under paragraph 2, the chargor or any interested person may discharge the security interest by paying in full the amount secured, subject to any lease granted by the chargee under Article 12(1)(b) or ordered under Article 12(2). Where, after such default, the payment of the amount secured is made in full by an interested person other than the debtor, that person is subrogated to the rights of the chargee.
\n5.
\nOwnership or any other interest of the chargor passing on a sale under Article 12(1)(b) or passing under paragraph 1 or 2 of this Article is free from any other interest over which the chargee’s security interest has priority under the provisions of Article 35.
\nIn the event of default under a title reservation agreement or under a leasing agreement as provided in Article 17, the conditional seller or the lessor, as the case may be, may: (a) terminate the agreement and take possession or control of any aircraft object to which the agreement relates; or (b) apply for a court order authorising or directing either of these acts.
\n1.
\nIn addition to the remedies specified in Articles 12, 14, 16 and 20, the creditor may, to the extent that the debtor has at any time so agreed and in the circumstances specified in such provisions: (a) procure the de-registration of the aircraft; and (b) procure the export and physical transfer of the aircraft object from the territory in which it is situated.
\n2.
\nThe creditor shall not exercise the remedies specified in the preceding paragraph without the prior consent in writing of the holder of any registered interest ranking in priority to that of the creditor.
\n3.
\nThe registry authority shall, subject to any applicable safety laws and AIRCRAFT REGISTRATION regulations, honour a request for de-registration and export if: (a) the request is properly submitted by the authorised party under a recorded irrevocable de-registration and export request authorisation; and (b) the authorised party certifies to the registry authority, if required by that authority, that all registered interests ranking in priority to that of the creditor in whose favour the authorisation has been issued have been discharged or that the holders of such interests have consented to the deregistration and export.
\n4.
\nA chargee proposing to procure the deregistration and export of an aircraft under paragraph 1 otherwise than pursuant to a court order shall give reasonable prior notice in writing of the proposed deregistration and export to: (a) interested persons specified in Article 1(bb)(i) and (ii); and (b) interested persons specified in Article 1(bb)(iii) who have given notice of their rights to the chargee within a reasonable time prior to the deregistration and export.
\nAny additional remedies permitted by the applicable law, including any remedies agreed upon by the parties, may be exercised to the extent that they are not inconsistent with the mandatory provisions of this Chapter as set out in Article 22.
\n1.
\nThe debtor and the creditor may at any time agree in writing as to the events that constitute a default or otherwise give rise to the rights and remedies specified in Articles 12 to 15 and 20.
\n2.
\nWhere the debtor and the creditor have not so agreed, \"default\" for the purposes of Articles 12 to 15 and 20 means a default which substantially deprives the creditor of what it is entitled to expect under the agreement.
\n1.
\nIn the absence of a default within the meaning of Article 17, the debtor shall be entitled to the quiet possession and use of the aircraft object in accordance with the agreement as against: (a) its creditor and the holder of any interest from which the debtor takes free pursuant to Article 35(5) or, in the capacity of buyer, Article 35(3), unless and to the extent that the debtor has otherwise agreed; and (b) the holder of any interest to which the debtor’s right or interest is subject pursuant to Article 35(5) or, in the capacity of buyer, Article 35(4), but only to the extent, if any, that such holder has agreed.
\n2.
\nNothing in this Schedule affects the liability of a creditor for any breach of the agreement under the applicable law in so far as that agreement relates to an aircraft object.
\nAIRCRAFT REGISTRATION
\nAny remedy given by this Schedule in relation to an aircraft object shall be exercised in a commercially reasonable manner. A remedy shall be deemed to be exercised in a commercially reasonable manner where it is exercised in conformity with a provision of the agreement except where such a provision is manifestly unreasonable.
\n1.
\nA creditor who adduces evidence of default by the debtor shall, pending final determination of its claim and to the extent that the debtor has at any time so agreed, be entitled to obtain from a court speedy relief in the form of such one or more of the following orders as the creditor requests: (a) preservation of the aircraft object and its value; (b) possession, control or custody of the aircraft object; (c) immobilisation of the aircraft object; (d) lease or, except where covered by sub-paragraphs (a) to (c), management of the aircraft object and the income therefrom; and (e) if at any time the debtor and the creditor specifically agree, sale and application of proceeds therefrom.
\n2.
\nFor the purposes of the preceding paragraph, \"speedy\" in the context of obtaining relief means, in respect of the relief specified in Article 20(1)(a)-(c), the number of working days equivalent to no more than ten (10) calendar days, and in respect of the relief specified in Article 20(1)(d)-(e), the number of working days equivalent to no more than thirty (30) calendar days, in each case from the date the application for relief is filed.
\n3.
\nOwnership or any other interest of the debtor passing on a sale under subparagraph (e) of paragraph 1 of this Article is free from any other interest over which the creditor’s international interest has priority under the provisions of Article 35 of this Schedule.
\n4.
\nIn making any order under paragraph 1 of this Article, the court may impose such terms as it considers necessary to protect the interested persons in the event that the creditor: (a) in implementing any order granting such relief, fails to perform any of its obligations to the debtor under this Act; or (b) fails to establish its claim, wholly or in part, on the final determination of that claim.
\n5.
\nThe creditor and the debtor or any other interested person may agree in writing to exclude the application of the preceding paragraph.
\n6.
\nBefore making any order under paragraph 1, the court may require notice of the request to be given to any of the interested persons.
\n7.
\nWith regard to the remedies in Article 15(1): (a) they shall be made available by the registry authority and other administrative authorities, as applicable, in no later than five (5) working days after the creditor notifies such authorities that the relief specified in Article 15(1) is granted or, in the case of relief granted by a AIRCRAFT REGISTRATION foreign court, recognised by a Maltese court, and that the creditor is entitled to procure those remedies in accordance with this Schedule; and (b) the applicable authorities shall expeditiously co-operate with and assist the creditor in the exercise of such remedies in conformity with the applicable aviation safety laws and regulations.
\n8.
\nNothing in the preceding paragraphs affects the application of Article 19 or limits the availability of forms of interim relief other than those set out in paragraph 1.
\n9.
\nParagraphs 2 and 7 shall not affect any applicable aviation safety laws and regulations.
\n1.
\nSubject to paragraph 2, any remedy provided by this Chapter shall be exercised in conformity with the procedure prescribed by the law of the place where the remedy is to be exercised.
\n2.
\nAny remedy available to the creditor under any provision of this Schedule which is not there expressed to require application to the court may be exercised without court action and without leave of the court.
\nAny two or more of the parties referred to in this Chapter may at any time, by agreement in writing, exclude the application of Article 23 and, in their relations with each other, derogate from or vary the effect of any of the preceding provisions of this Chapter, except as stated in Articles 12(3) to (6), 13(3) and (4), 15(2), 19 and 21.
\n1.
\nThis Article applies to all insolvency proceedings where Malta is the primary insolvency jurisdiction.
\n2.
\nUpon the occurrence of an insolvency-related event, the insolvency administrator or the debtor, as applicable, shall, subject to paragraph 7, give possession of the aircraft object to the creditor no later than the earlier of: (a) the end of the waiting period; and (b) the date on which the creditor would be entitled to possession of the aircraft object if this Article did not apply.
\n3.
\nFor the purposes of this Article, the \"waiting period\" shall be the period of thirty (30) calendar days commencing on the date of the insolvency-related event.
\n4.
\nReferences in this Article to the \"insolvency administrator\" shall be to that person in its official, not in its personal, capacity.
\n5.
\nUnless and until the creditor is given the opportunity to take possession under paragraph 2: (a) the insolvency administrator or the debtor, as applicable, shall preserve the aircraft object and maintain it and its value in accordance with the agreement; and (b) the creditor shall be entitled to apply for any other forms of interim AIRCRAFT REGISTRATION relief available under the applicable law.
\n6.
\nSub-paragraph (a) of the preceding paragraph shall not preclude the use of the aircraft object under arrangements designed to preserve the aircraft object and maintain it and its value.
\n7.
\nThe insolvency administrator or the debtor, as applicable, may retain possession of the aircraft object where, by the time specified in paragraph 2, it has cured all defaults other than a default constituted by the opening of insolvency proceedings and has agreed to perform all future obligations under the agreement. A second waiting period shall not apply in respect of a default in the performance of such future obligations.
\n8.
\nWith regard to the remedies in Article 15(1): (a) they shall be made available by the registry authority and the administrative authorities, as applicable, no later than five working days after the date on which the creditor notifies such authorities that it is entitled to procure those remedies in accordance with this Schedule; and (b) the applicable authorities shall expeditiously co-operate with and assist the creditor in the exercise of such remedies in conformity with the applicable aviation safety laws and regulations.
\n9.
\nNo exercise of remedies permitted by this Schedule may be prevented or delayed after the date specified in paragraph 2.
\n1.
\nThis Article applies where Malta is not the primary insolvency jurisdiction.
\n2.
\nWhere an aircraft object is situated in Malta its courts shall, in accordance with the laws of Malta, co-operate to the maximum extent possible with foreign courts and foreign insolvency administrators in carrying out the provisions of Article 23.
\n1.
\nThis Article applies where an airframe pertaining to an aircraft, or a helicopter, is registered in the Malta Aircraft Register.
\n2.
\nWhere the debtor has issued an irrevocable de-registration and export request authorisation substantially in the form in the Second Schedule and has submitted such authorisation for recordation to the registry authority, that authorisation shall be so recorded.
\n3.
\nThe person in whose favour the authorization has been issued (the AIRCRAFT REGISTRATION \"authorized party\") or its certified designee shall be the sole person entitled to exercise the remedies specified in Article 15(1) and may do so only in accordance with the authorization and applicable aviation safety laws and regulations. Such authorisation may not be revoked by the debtor without the consent in writing of the authorized party. The registry authority shall remove an authorization from the registry at the request of the authorized party.
\n4.
\nThe registry authority and other administrative authorities shall expeditiously co-operate with and assist the authorized party in the exercise of the remedies specified in Article 15.
\nRegistrations in the international registration system
\n1.
\nRegistration in the International Registry under the Cape Town Convention is the only means of establishing the priority of a right or interest in an aircraft object, such priority being determined in accordance with Article 35, except only in respect of a priority non-consensual right or interest, whose priority is determined in accordance with Article 45(1).
\n2.
\nOnly those registrations with the International Registry permitted by the Cape Town Convention and complying with the regulations and this Act shall, when made, be valid for purposes of determining priority. Such permitted registrations are: (a) international interests, prospective international registrable non-consensual rights and interests; interests and (b) assignments and prospective assignments of international interests; (c) acquisitions of international interests subrogations under the applicable law; by legal or contractual (d) \"notices of a national interest\", as defined in the Cape Town Convention, under the laws of a Cape Town Convention State permitting such notice through a declaration thereunder made by that State, Malta not having made such a declaration; (e) subordinations of interests referred to in any of the preceding subparagraphs; and (f) sales and prospective sales.
\n3.
\nAll information required for the registrations referred to in the previous paragraph in relation to a helicopter, or to an airframe pertaining to an aircraft, registered for nationality purposes in the Malta Aircraft Register may only be transmitted directly to the International Registry, not through any designated entry point.
\n4.
\nOmitted intentionally.
\n5.
\nFor the purposes of this Chapter and Chapter V, the term \"registration\" includes, where appropriate, an amendment, extension or discharge of a registration.
\nAIRCRAFT REGISTRATION
\nModalities of registration
\n1.
\nA registration shall be valid only if made in conformity with Article 28.
\n2.
\nA registration, if valid, shall be complete upon entry of the required information into the International Registry database so as to be searchable.
\n3.
\nA registration shall be searchable for the purposes of the preceding paragraph at the time when: (a) the International Registry has assigned to it a sequentially ordered file number; and (b) the registration information, including the file number, is stored in durable form and may be accessed at the International Registry.
\n4.
\nIf an interest first registered as a prospective international interest or prospective sale becomes an international interest or a sale, respectively, that international interest or sale shall be treated as registered from the time of registration of the prospective international interest or prospective sale provided that the registration was still current immediately before the international interest or contract of sale was constituted as provided by Article 10 or 11.
\n5.
\nThe preceding paragraph applies with necessary modifications to the registration of a prospective assignment of an international interest.
\n6.
\nA registration pertaining to an aircraft object shall be searchable in the International Registry data base according to the name of its manufacturer, its manufacturer’s serial number and its model designation, as further specified in the regulations.
\n1.
\nAn international interest, a prospective international interest, an assignment or prospective assignment of an international interest, or a contract of sale or a prospective sale may be registered, and any such registration extended prior to its expiry (except in respect of a contract of sale) or amended, by either party with the consent in writing of the other.
\n2.
\nThe subordination of an international interest to another international interest may be registered by or with the consent in writing at any time of the person whose interest has been subordinated.
\n3.
\nA registration may be discharged by or with the consent in writing of the party in whose favour it was made.
\n4.
\nThe acquisition of an international interest by legal or contractual subrogation may be registered by the subrogee.
\n5.
\nA registrable non-consensual right or interest may be registered by the holder thereof.
\n1.
\nRegistration of an international interest remains effective until discharged or until expiry of the period specified in the registration.
\nAIRCRAFT REGISTRATION 2.
\nRegistration of a contract of sale remains effective indefinitely. Registration of a prospective sale remains effective unless discharged or until expiry of the period, if any, specified in the registration.
\n1.
\nAny person may, in the manner prescribed by this Act and the regulations, make or request a search of the International Registry by electronic means concerning interests or prospective interests international registered therein.
\n2.
\nAny person may request and receive from the Registrar, in the manner prescribed by the regulations, a registry search certificate by electronic means with respect to any aircraft object: (a) stating all registered information relating thereto, together with a statement indicating the date and time of registration of such information; or (b) stating that there is no information in the International Registry relating thereto.
\n3.
\nA search certificate issued under the preceding paragraph shall indicate that the creditor named in the registration information has acquired or intends to acquire an international interest in the object but shall not indicate whether what is registered is an international interest or a prospective international interest, even if this is ascertainable from the relevant registration information.
\nA document in the form prescribed by the regulations which purports to be a certificate issued by the International Registry is prima facie proof (a) that it has been so issued; and (b) of the facts recited in it, including the date and time of a registration.
\n1.
\nWhere the obligations secured by a registered security interest or the obligations giving rise to a registered non-consensual right or interest have been discharged, or where the conditions of transfer of title under a registered title reservation agreement have been fulfilled, the holder of such interest shall, without undue delay, procure the discharge of the registration after written demand by the debtor delivered to or received at its address stated in the registration.
\n2.
\nWhere a prospective international interest, a prospective assignment of an international interest, or a prospective sale has been registered, the intending creditor, intending assignee, or intending buyer shall, without undue delay, procure the discharge of the registration after written demand by the intending debtor, assignor or seller which is delivered to or received at its address stated in the registration before the intending creditor, assignee or buyer has given value or incurred a commitment to give value.
\n3.
\nFor the purpose of the preceding paragraph and in the circumstances there described, the holder of a registered prospective international interest or a registered prospective assignment of an international interest or the person in whose favour a prospective sale has been registered shall take such steps as are within its power to procure the discharge of the registration no later than five working days after the AIRCRAFT REGISTRATION receipt of the demand described in such paragraph.
\n4.
\nWhere a registration ought not to have been made or is incorrect, the person in whose favour the registration was made shall, without undue delay, procure its discharge or amendment after written demand by the debtor [or seller] to or received at its address stated in the registration.
\nRecognition of certain privileges and immunities of the Supervisory Authority and the Registrar
\nAs a matter of law Malta recognises that: (a) the Supervisory Authority has international legal personality; (b) the Supervisory Authority and its officers and employees shall enjoy such immunity from legal and administrative process as is provided under the rules applicable to them as an international entity or otherwise; (c) the assets, documents, databases and archives of the International Registry shall be inviolable and immune from seizure or other legal or administrative process; (d) for the purposes of any claim against the Registrar under Article 34(1) or Article 49, the claimant shall be entitled to access to such information and documents as are necessary to enable the claimant to pursue its claim; and (e) the Supervisory Authority may waive the inviolability and immunity conferred by paragraph (c) of this Article.
\nRecognition of Liability of the Registrar
\n1.
\nAs a matter of law Malta recognises that the Registrar shall be liable for compensatory damages for loss suffered by a person directly resulting from an error or omission of the Registrar and its officers and employees or from a malfunction of the international registration system except where the malfunction is caused by an event of an inevitable and irresistible nature, which could not be prevented by using the best practices in current use in the field of electronic registry design and operation, including those related to back-up and systems security and networking.
\n2.
\nThe Registrar shall not be liable under the preceding paragraph for factual inaccuracy of registration information received by the Registrar or transmitted by the Registrar in the form in which it received that information nor for acts or circumstances for which the Registrar and its officers and employees are not re s p on s i b le a nd a r is in g p r i or to r e c e ip t o f re gi s t r a t i on in f or ma ti o n at th e International Registry.
\n3.
\nCompensation under paragraph 1 may be reduced to the extent that the person who suffered the damage caused or contributed to that damage.
\nAIRCRAFT REGISTRATION
\nEffects of an international interest as against third parties
\n1.
\nA registered interest has priority over any other interest subsequently registered and over an unregistered interest.
\n2.
\nThe priority of the first-mentioned interest under the preceding paragraph applies: (a) even if the first-mentioned interest was acquired or registered with actual knowledge of the other interest; and (b) even as regards value given by the holder of the first-mentioned interest with such knowledge.
\n3.
\nA buyer of an aircraft object under a registered sale acquires its interest in that object free from an interest subsequently registered and from an unregistered interest, even if the buyer has actual knowledge of the unregistered interest.
\n4.
\nA buyer of an aircraft object under a registered sale acquires its interest in that object subject to an interest previously registered.
\n5.
\nA conditional buyer or lessee acquires its interest in or right over that object: (a) subject to an interest registered prior to the registration of the international interest held by its conditional seller or lessor; and (b) free from an interest not so registered at that time even if it has actual knowledge of that interest.
\n6.
\nThe priority of competing interests or rights under this Article may be varied by agreem ent betw een the hold ers of t hose interests, bu t an assi gnee of a subordinated interest is not bound by an agreement to subordinate that interest unless at the time of the assignment a subordination had been registered relating to that agreement.
\n7.
\nAny priority given by this Article to an interest in an aircraft object extends to proceeds.
\n8.
\nThis Schedule (a) does not affect the rights of a person in an item, other than an aircraft object, held prior to its installation on an aircraft object if under the applicable law those rights continue to exist after the installation; and (b) does not prevent the creation of rights in an item, other than an aircraft object, which has previously been installed on an aircraft object where under the applicable law those rights are created.
\n9.
\nOwnership of or another right or interest in an aircraft engine shall not be affected by its installation on or removal from an aircraft.
\n1.
\nIn insolvency proceedings against the debtor or seller an international interest or sale, as applicable, is effective if prior to the commencement of the AIRCRAFT REGISTRATION insolvency proceedings that interest or sale was registered in conformity with this Schedule.
\n2.
\nNothing in this Article impairs the effectiveness of an international interest or sale in the insolvency proceedings where that interest is effective under the applicable law.
\n3.
\nNothing in this Article affects any rules of law applicable in insolvency proceedings relating to the avoidance of a transaction as a preference or a transfer in fraud of creditors or, except as provided in Article 23, any rules of procedure relating to the enforcement of rights to property which is under the control or supervision of the insolvency administrator.
\nAssignments of associated rights and international interests; rights of subrogation
\n1.
\nExcept as otherwise agreed by the parties, an assignment of associated rights made in conformity with Article 38 also transfers to the assignee: (a) the related international interest; and (b) all the interests and priorities of the assignor under this Schedule.
\n2.
\nNothing in this Schedule prevents a partial assignment of the assignor’s associated rights. In the case of such a partial assignment the assignor and assignee may agree as to their respective rights concerning the related international interest assigned under the preceding paragraph but not so as adversely to affect the debtor without its consent.
\n3.
\nSubject to paragraph 4, the applicable law shall determine the defences and rights of set-off available to the debtor against the assignee.
\n4.
\nThe debtor may at any time by agreement in writing waive all or any of the defences and rights of set-off referred to in the preceding paragraph other than defences arising from fraudulent acts on the part of the assignee.
\n5.
\nIn the case of an assignment by way of security, the assigned associated rights re-vest in the assignor, to the extent that they are still subsisting, when the obligations secured by the assignment have been discharged.
\n1.
\nAn assignment of associated rights transfers the related international interest only if it: (a) is in writing; (b) enables the associated rights to be identified under the contract from which they arise; and (c) in the case of an assignment by way of security, enables the obligations secured by the assignment to be determined in accordance with this Schedule but without the need to state a sum or maximum sum secured.
\n2.
\nAn assignment of an international interest created or provided for by a security agreement is not valid unless some or all related associated rights are also assigned.
\nAIRCRAFT REGISTRATION 3.
\nThis Schedule does not apply to an assignment of associated rights which is not effective to transfer the related international interest.
\n1.
\nTo the extent that associated rights and the related international interest have been transferred in accordance with Articles 37 and 38, the debtor in relation to those rights and that interest is bound by the assignment and has a duty to make payment or give other performance to the assignee, if but only if: (a) the debtor has been given notice of the assignment in writing by or with the authority of the assignor; (b) the notice identifies the associated rights; and (c) the debtor has consented in writing, whether or not the consent is given in advance of the assignment or identifies the assignee.
\n2.
\nIrrespective of any other ground on which payment or performance by the debtor discharges the latter from liability, payment or performance shall be effective for this purpose if made in accordance with the preceding paragraph.
\n3.
\nNothing in this Article shall affect the priority of competing assignments.
\nIn the event of default by the assignor under the assignment of associated rights and the related international interest made by way of security, Articles 12, 13 and 15 to 21 apply in the relations between the assignor and the assignee (and, in relation to associated rights, apply in so far as those provisions are capable of application to intangible property) as if references: (a) to the secured obligation and the security interest were references to the obligation secured by the assignment of the associated rights and the related international interest and the security interest created by that assignment; (b) to the chargee or creditor and chargor or debtor were references to the assignee and assignor; (c) to the holder of the international interest were references to the assignee; and (d) to the aircraft object were references to the assigned associated rights and the related international interest.
\n1.
\nWhere there are competing assignments of associated rights and at least one of the assignments includes the related international interest and is registered, the provisions of Article 35 apply as if the references to a registered interest were references to an assignment of the associated rights and the related registered interest and as if references to a registered or unregistered interest were references to a registered or unregistered assignment.
\n2.
\nArticle 36 applies to an assignment of associated rights as if the references to an international interest were references to an assignment of the associated rights and the related international interest.
\nAIRCRAFT REGISTRATION
\n1.
\nThe assignee of associated rights and the related international interest whose assignment has been registered only has priority under Article 41(1) over another assignee of the associated rights: (a) if the contract under which the associated rights arise states that they are secured by or associated with the object; and (b) to the extent that the associated rights are related to an aircraft object.
\n2.
\nFor the purpose of sub-paragraph (b) of the preceding paragraph, associated rights are related to an aircraft object only to the extent that they consist of rights to payment or performance that relate to: (a) a sum advanced and utilised for the purchase of the aircraft object; (b) a sum advanced and utilised for the purchase of another aircraft object in which the assignor held another international interest if the assignor transferred that interest to the assignee and the assignment has been registered; (c) the price payable for the aircraft object; (d) the rentals payable in respect of the aircraft object; or (e) other obligations arising from a transaction referred to in any of the preceding sub-paragraphs.
\n3.
\nIn all other cases, the priority of the competing assignments of the associated rights shall be determined by the applicable law.
\nThe provisions of Article 36 apply to insolvency proceedings against the assignor as if references to the debtor were references to the assignor.
\n1.
\nSubject to paragraph 2, nothing in this Schedule affects the acquisition of associated rights and the related international interest by legal or contractual subrogation under the applicable law.
\n2.
\nThe priority between any interest within the preceding paragraph and a competing interest may be varied by agreement in writing between the holders of the respective interests but an assignee of a subordinated interest is not bound by an agreement to subordinate that interest unless at the time of the assignment a subordination had been registered relating to that agreement.
\nNon-consensual right or interest
\nA priority non-consensual right or interest, to the extent it had priority over an interest in an aircraft object equivalent to that of the holder of a registered international interest prior to the effective date, shall retain that priority over a registered international interest hereunder, whether in or outside of insolvency proceedings.
\nAIRCRAFT REGISTRATION
\nA registrable non-consensual right or interest relating to any aircraft object may be registered under this Schedule as if the right or interest were an international interest and shall be regulated accordingly.
\nJurisdiction
\n1.
\nSubject to Articles 48 or 49, the courts of a Cape Town Convention State chosen by the parties to a transaction have jurisdiction in respect of any claim brought under this Schedule, whether or not the chosen forum has a connection with the parties or the transaction. Such jurisdiction shall be exclusive unless otherwise agreed between the parties.
\n2.
\nAny such agreement shall be in writing or otherwise concluded in accordance with the formal requirements of the law of the chosen forum.
\n1.
\nThe courts of a Cape Town Convention State chosen by the parties in conformity with Article 47 and the courts of the Cape Town Convention State on the territory of which the aircraft object is situated or in which the aircraft is registered have jurisdiction to grant relief under Article 20(1)(a), (b), (c), and Article 20(8) in respect of that aircraft object or aircraft.
\n2.
\nJurisdiction to grant relief under Article 20(1)(d) and (e) or other interim relief by virtue of Article 20(8) may be exercised either: (a) by the courts chosen by the parties; or (b) by the courts of a Cape Town Convention State on the territory of which the debtor is situated, being relief which, by the terms of the order granting it, is enforceable only in the territory of that State.
\n3.
\nA court has jurisdiction under the preceding paragraphs even if the final determination of the claim referred to in Article 20(1) will or may take place in a court of another Cape Town Convention State or by arbitration.
\n1.
\nThe courts of the place in which the Registrar has its centre of administration shall have exclusive jurisdiction to award damages or make orders against the Registrar.
\n2.
\nWhere a person fails to respond to a demand made under Article 32 and that person has ceased to exist or cannot be found for the purpose of enabling an order to be made against it requiring it to procure discharge of the registration, the courts referred to in the preceding paragraph shall have exclusive jurisdiction, on the application of the debtor or intending debtor, to make an order directed to the Registrar requiring the Registrar to discharge the registration.
\n3.
\nWhere a person fails to comply with an order of a court having jurisdiction under these Rules, the courts referred to in paragraph 1 may direct the Registrar to AIRCRAFT REGISTRATION take such steps as will give effect to that order.
\n4.
\nExcept as otherwise provided by the preceding paragraphs, no court may make orders or give judgments or rulings against or purporting to bind the Registrar.
\n1.
\nSubject to paragraph 2, a waiver of sovereign immunity from jurisdiction of the courts specified in Article 47 or 48 or relating to enforcement of rights and interests relating to an aircraft object under this Schedule shall be binding and, if the other conditions to such jurisdiction or enforcement have been satisfied, shall be effective to confer jurisdiction and permit enforcement, as the case may be.
\n2.
\nA waiver under the preceding paragraph must be in writing and contain a description of the aircraft object.
\nThe provisions of this Chapter are not applicable to insolvency proceedings.
\nArticle 52 to Article 55 have been intentionally omitted as they are not applicable to Malta.
\nFinal Provisions
\nThis Schedule shall take effect on the effective date. The \"effective date\" is first day of the month following the expiration of three months after the date on which Malta deposits its instrument of accession to the Cape Town Convention with the depositary therefor.
\n1.
\nThis Schedule does not apply to a pre-existing right or interest, which retains the priority it enjoyed under the applicable law before the effective date of this Schedule.
\n2.
\nNothing in the preceding paragraph or otherwise in this Schedule shall prevent parties to an agreement and related documents, by affirmative act, from reconstituting a pre-existing right or interest as an international interest and otherwise bringing it within the scope of this Act.
\n3.
\nA priority non-consensual right or interest shall retain its priority over an international interest, to the extent specified in Article 45(1), which is registered prior to the effective date.
\nAIRCRAFT REGISTRATION SECOND SCHEDULE (articles 4, 13) Substituted by:
\nXXXVII.2021.32.
\nTHE PROCEDURES AND FORMS APPLICABLE FOR THE RECORDING AND CANCELLING OF AN IRREVOCABLE DE-REGISTRATION AND EXPORT REQUEST AUTHORISATION AND DE-REGIST ERING AIRCRAFT AND E X P O RT I N G A I R C R A F T O B J E C T S U N D E R A N I R R E V O C A B L E D E REGISTRATION AND EXPORT REQUEST AUTHORISATION Malta has promulgated the following implementing legislation (\"this Schedule\") relating to the procedures for recording and cancelling an Irrevocable De-registration and Export Request Authorisation and the De-Registration of an Aircraft and Exporting Aircraft Objects under an Irrevocable De-registration and Export Request Authorisation.
\nIn this Schedule, references to \"this Act\" are references to the principal Act to which this Schedule is annexed and except where the context otherwise requires, the following terms are employed with the meanings set out below: (a) \"Aircraft\" means aircraft as defined for the purposes of the Chicago Convention which are either airframes with aircraft engines installed thereon or helicopters and duly registered or intended to be registered in the National Aircraft Register and to which the Treaty applies; (b) \"Applicant\" means an entity or person that has applied or is applying for the registration of an Aircraft in the National Aircraft Register; (c) \"Authorised Party\" means an entity or person in favour of whom an IDERA has been issued; (d) \"Certified Designee\" means an entity or person named in a Designation as the certified designee under an IDERA; (e) \"Convention\" means the Convention on International Interests in Mobile Equipment, 2001; (f) \"Declarations\" means the declarations lodged by the state of Malta in connection with its accession to the Convention and Protocol; (g) \"De-Registration\" means the deletion or removal of the registration of an Aircraft from the Registry and promptly providing documentary evidence of such De-Registration to the Authorised Party or Certified Designee, as applicable; (h) \"Designation\" means a designation in the form of Annex 2; (i) \"Export\" means the export and physical transfer of an Aircraft from the territory of Malta; (j) \"IDERA\" means an Irrevocable De-Registration and Export AIRCRAFT REGISTRATION Request Authorisation in the form of Annex 1; (k) \"Officer\" of an entity means the person who is duly authorised to represent such entity or whose signing authority is acceptable to the Director General; (l) \"Protocol\" means the Protocol to the Convention on International Interests in Mobile Equipment on Matters Specific to Aircraft Equipment, 2001; (m) \"Record\" means evidencing a document in permanent form for authoritative reproduction in the future and retaining that evidence in the registration file for an Aircraft to which the document relates; (n) \"National Aircraft Register\" or \"register\" or \"Malta Aircraft Register\" means the National Aircraft Register of Malta; (o) \"Registry Authority\" means the Authority for Transport in Malta established under the Authority for Transport in Malta Act; (p) \"Related Engine\" means an engine to which the Treaty applies and which is identified by manufacturer’s serial number in an IDERA; (q) \"Request\" means a request in the form of Annex 3;
\n(r) \"Revocation\" means a revocation of an IDERA or Designation, as the case may be, in the form of Annex 4; (s) \"Signature Authorisation\" a document legally authorising execution of a document contemplated by this Schedule, including without restriction, a power of attorney signed by an Officer; and (t) \"Treaty\" means the Convention, as modified by the Protocol and including the declarations.
\n1.
\nThe Registry Authority will accept and Record an IDERA if that IDERA: (a) is submitted in writing to the Registry Authority substantially in the form of Annex 1; (b) identifies an Aircraft registered or to be registered in the Registry; and (c) is signed in accordance with the requirements of Annex 5 (i) by an Applicant, or if an Applicant is not a natural person, an Officer of an Applicant, or (ii) under a Signature Authorisation.
\n2.
\nTwo copies of an IDERA are to be submitted to the Registry Authority and the Registry Authority will acknowledge receipt of that IDERA by executing one such copy and returning it.
\nAIRCRAFT REGISTRATION 3.
\nThe Registry Authority will (a) Record an IDERA submitted in accordance with Article 2(1) within two working days of receipt, (b) promptly confirm that Recordation is complete, and (c) issue a declaration stating that pursuant to the Recordation of the IDERA the Registry Authority undertakes not to deregister the aircraft, unless consented to by the Authorised Party.
\n4.
\nThe Registry Authority will neither Record nor give effect to an IDERA for an Aircraft if that Aircraft has not yet been registered in the Registry or if another Recorded IDERA for that Aircraft has not been revoked.
\n5.
\nIf an IDERA is Recorded, an Authorised Party, or if a Designation is also Recorded, its Certified Designee shall be the sole person authorised to deliver a Request and exercise the remedies specified in the Protocol and/or in the First Schedule to the Act and/or in the Act pursuant to such IDERA.
\n1.
\nThe Registry Authority will record a Designation if: (a) it is submitted in writing to the Registry Authority substantially in the form of Annex 2; (b) it identifies a Recorded IDERA or an IDERA submitted with that Designation; (c) no other Designation is Recorded for the relevant IDERA, other than a Designation which has been revoked; (d) it is signed in accordance with Annex 5 (i) by the Authorised Party, or, if the Authorised Party is not a natural person, an Officer of the Authorised Party, or (ii) by the foregoing under a Signature Authorisation.
\n2.
\nTwo copies of a Designation are to be submitted to the Registry Authority and the Registry Authority will acknowledge receipt of that Designation by returning one copy, indicating in writing that it was \"received\".
\n3.
\nThe Registry Authority will (a) Record a Designation submitted in accordance with Article 3(1) within two working days, (b) promptly confirm that Recordation is complete, and (c) issue a declaration stating that the pursuant to the Recordation of the IDERA the Registry Authority undertake not to deregister the above captioned aircraft, unless consented to by the Certified Designee.
\n1.
\nAn IDERA or Designation shall be revoked and be of no further effect if a Revocation: (a) is submitted in writing to the Registry Authority substantially in the form of Annex 4;
\nAIRCRAFT REGISTRATION (b) identifies a Recorded IDERA or Designation, as the case may be; and (c) is signed in accordance with Annex 5 (i) in the case of an IDERA, by an Authorised Party, or, in the case of a Designation, by the Certified Designee and (ii) if the signatory to the Revocation is not a natural person, by an Officer of the foregoing or by the foregoing under a Signature Authorisation.
\n2.
\nAn Applicant shall have no power to issue a Revocation or otherwise revoke an IDERA or Designation.
\n3.
\nTwo copies of a Revocation are to be submitted to the Registry Authority and the Registry Authority will acknowledge receipt of that Revocation by returning one copy, indicating in writing that it was ‘received’.
\n4.
\nThe Registry Authority will (a) Record a Revocation in accordance with Article 4(1) within two working days, and (b) promptly confirm that Recordation is complete.
\n5.
\nUpon Revocation: (a) The Registry Authority will not accept a Request or take any other action relating to an IDERA that has been revoked in accordance with Article 4(1); (b) The Registry Authority will not accept a Request from a Certified Designee or take any other action on request of a Certified Designee under an IDERA if the Designation of that Certified Designee has been revoked in accordance with Article 4(1); (c) The validity of an IDERA shall not be affected by revocation of a related Designation.
\n1.
\nA Request will be accepted by the Registry Authority if that Request: (a) is submitted in writing substantially in the form of Annex 3; (b) identifies an IDERA Recorded in the Registry; and (c) is signed in accordance with Annex 5 (i) by an Authorised Party or a Certified Designee, or, if the Authorised Party or Certified Designee is not a natural person, by an Officer thereof, or (b) by the foregoing under a Signature Authorisation.
\n2.
\nThe Registry Authority will honour each Request submitted in accordance with Article 5(1): (a) to the extent so requested, by (i) effecting the De-registration of the Aircraft, and (ii) taking all action within its power to effect or facilitate the Export AIRCRAFT REGISTRATION of the Aircraft and any Related Engines: (I) expeditiously, and, in any case, no later than five working days following receipt of the Request; (II) without (i) the consent or approval of the Applicant or any other person or entity, (ii) any court or administrative or other order or decision of any kind, (iii) any need for the Registry Authority to investigate external facts, or (iv) imposing any additional requirements; and (III) regardless of whether the Authorised Party or its Certified Designee is in possession of the Aircraft or Related Engine and notwithstanding that a Related Engine is not installed on the Aircraft; (b) in the context of Export remedies only, subject to applicable aviation safety laws and regulations. For the purposes of this regulation, \"applicable aviation safety laws and regulations\": (i) do not include any requirement (I) for the issuance of an export certificate of airworthiness, or (II) without limiting Article 5(3), for any documents in the possession of, or any action by, an operator of an aircraft.
\n3.
\nA Request will have the following additional effects: (a) to the extent within its reasonable control, the Authorised Party is responsible, promptly following but not as a condition to the De-registration and Export of the Aircraft, for: (i) removing or covering the Registry’s nationality marks on the Aircraft and removing the fireproof plate; (ii) returning to the Registry Authority the original (I) certificate of registration for the Aircraft, and (II) certificate of airworthiness for the Aircraft; and (iii) changing any electronic or radio transmitting aircraft identifications so that it no longer indicates that such aircraft is registered in Malta.
\n4.
\nUpon notice to the Applicant, the Aircraft may not be operated unless and until it is re-registered and can be lawfully operated under applicable airworthiness rules.
\n5.
\nA Request with respect to an Aircraft will be honoured under Article 5(1) and 5(2) without regard to the identity of the engines and other equipment then installed on that Aircraft.
\n6.
\nExport remedies under Article 5(1) and 5(2) will be made available for any Related Engines which are not then installed on the Aircraft.
\n7.
\nWithout limiting the Registry Authority’s authority to De-Register aircraft AIRCRAFT REGISTRATION under applicable law, an Aircraft for which there is a Recorded IDERA may not be DeRegistered on the request of the Applicant, unless that IDERA is the subject of a Revocation.
\n1.
\nRights under the documents set out in this regulation may not be assigned except with the express consent of the Registry Authority.
\nAnnex 1 IDERA [Insert Date] To: Authority for Transport in Malta Director General for Civil Aviation National Aircraft Register Re: Irrevocable De-Registration and Export Request Authorisation The undersigned is the registered [operator][owner] of the [insert the airframe/ helicopter manufacturer name and model number] bearing manufacturer’s serial number [insert manufacturer’s serial number] and registration number [number][mark] [insert registration number/mark], with the following Related Engines [insert description of engines, by model and manufacturer’s serial number] (together with all installed, incorporated or attached accessories, parts and equipment, the \"Aircraft\").
\nThis instrument is an irrevocable de-registration and export request authorisation issued by way of security by the undersigned in favour of [insert name and address of creditor] (the \"Authorised Party\") under the authority of (1) Article 25 of the First Schedule relating to the ratification by Malta of the Convention on International Interests in Mobile Equipment and the Protocol thereto on Matters Specific to Aircraft Equipment (the latter instrument, the \"Protocol\"), and (2) Article XIII of the Protocol. In accordance with these Articles, the undersigned hereby requests: (a) recognition that the Authorised Party or the person it certifies as its designee is the sole person entitled to: (i) procure the de-registration of the aircraft from the National Aircraft Register of Malta maintained by Authority for Transport in Malta for the purposes of Chapter III of the Convention on International Civil Aviation, signed at Chicago, on 7 December 1944, and (ii) procure the export and physical transfer of the aircraft; and (b) confirmation that the Authorised Party or the person it certifies as its designee (the \"Certified Designee\") may take action specified in clause (i) AIRCRAFT REGISTRATION above on written demand without the consent of the undersigned and that, upon such demand, the authorities in Malta shall co-operate with the Authorised Party with a view to speedy completion of such action.
\nThe rights in favour of the Authorised Party established by this instrument may not be revoked by the undersigned without the written consent of the Authorised Party. The undersigned hereby authorizes the Authorised Party to delegate the rights established by this instrument to any third party who will be referred to as the certified designee.
\nPlease acknowledge your agreement to this request and its terms by appropriate notation in the space provided below and lodging this instrument in National Aircraft Register. _________________________ [Name of operator/owner] By: [insert name of signatory] Its: [insert title of signatory] Agreed to and lodged this [insert date].
\nAIRCRAFT REGISTRATION Annex 2 Designation [Insert Date] To: Authority for Transport in Malta Director General for Civil Aviation National Aircraft Register Re: Designation Under Irrevocable De-Registration and Export Request Authorisation, dated [insert date of IDERA] by [insert name of operator/owner] for the [insert the airframe/helicopter manufacturer name and model number] bearing manufacturer’s serial number [insert manufacturer’s serial number] and registration number [number][mark][insert registration number/mark] (the \"IDERA\") The undersigned is the Authorised Party (this and all other terms used in this Designation have the meanings given in the IDERA) under the IDERA.
\nUnder Article 3(2) of the Second Schedule to the Aircraft Registration Act the undersigned hereby designates [insert name of Certified Designee] as the \"Certified Designee\" for all purposes of [describe regulation], effective immediately and until this Designation is revoked under Article 4(1) of the Second Schedule to the Aircraft Registration Act. _______________________ [Insert name of Authorised Party] By: [insert name of signatory] Its: [insert title of signatory] Agreed to and lodged this [insert date].
\nAIRCRAFT REGISTRATION Annex 3 Request [Insert Date] To: Authority for Transport in Malta Director General for Civil Aviation National Aircraft Register Re: Irrevocable De-Registration and Export Request Authorisation, dated [insert date of IDERA] by [insert name of operator/owner] for the [insert the airframe/helicopter manufacturer name and model number] bearing manufacturer’s serial number [insert manufacturer ’s serial number] and registration number [number][mark] [insert registration number/mark] (the \"IDERA\") Aircraft: [insert the airframe/helicopter manufacturer name and model number] bearing manufacturer’s serial number [insert manufacturer’s serial number] and registration number [number][mark] [insert registration number/mark] [Related Engines: [if relevant, insert description, by model and manufacturer’s serial number]] The undersigned is the [Authorised Party][Certified Designee] (this and all other terms used in this Designation have the meanings given in the IDERA) under the IDERA. [The undersigned hereby certifies that all registered interests ranking in priority to that of the Authorised Party have been discharged or that the holders of such interests have consented to the [de-registration and export of the Aircraft][export of the Related Engine].] Under Article 5 of the Second Schedule to the Aircraft Registration Act the undersigned hereby requests as soon as practicable, and, in any case, within five working days [(i) de-registration of the Aircraft, with notice of such de-registration immediately thereafter sent to [insert name of state where the Aircraft is intended to be subsequently registered] and (ii) co-operation of the Authority for Transport in Malta and other administrative authorities in Malta in the export of the [Aircraft][Related Engine] from Malta.] AIRCRAFT REGISTRATION _______________________ [Insert name of Authorised Party/Certified Designee] By: [insert name of signatory] Its: [insert title of signatory] Agreed to and lodged this [insert date].
\nAIRCRAFT REGISTRATION Annex 4 Revocation [Insert Date] To: Authority for Transport in Malta Director General for Civil Aviation National Aircraft Register Re: Irrevocable De-Registration and Export Request Authorisation, dated [insert date of IDERA] by [insert name of operator/owner] for the [insert the airframe/helicopter manufacturer name and model number] bearing manufacturer’s serial number [insert manufacturer ’s serial number] and registration number [number][mark] [insert registration number/mark] (the \"IDERA\") [if this is a revocation of a Designation, include: The Designation, dated [insert date of Designation] by [name of Authorised Party] designating [insert name of Certified Designee] The undersigned is the [Authorised Party][Certified Designee] (this and all other terms used in this Revocation have the meanings given in the IDERA) under the [IDERA][Designation].
\nIn accordance with Article 4(1) of the Second Schedule to the Aircraft Registration Act the undersigned hereby revokes the [IDERA][Designation], effective immediately. _______________________ [Insert name of Authorised Party/Certified Designee] By: [insert name of signatory] Its: [insert title of signatory] AIRCRAFT REGISTRATION Agreed to and lodged this [insert date].
\nAnnex 5 Formalities A document that indicates it was signed in Malta will be accepted by the Registry Authority without additional formalities.
\nA document that indicates it was signed outside Malta will be accepted by the Registry Authority if notarised locally to the satisfaction of the Director General and the Director General in his discretion may also ask that the document is duly apostilled or legalised.
\nTHIRD SCHEDULE (Article 45) List of Sources and Materials to be used by Court (i) The Official Commentary by Professor Sir Roy Goode that was prepared in response to Resolution No. 5 of the Diplomatic Conference; (ii) Resolution No. 2 of the Diplomatic Conference, relating to the establishment of the Supervisory Authority and the International Registry for aircraft objects; (iii) Resolution No. 3 of the Diplomatic Conference, pursuant to Article 2(3)(b) and (c) of the Convention; (iv) Resolution No. 4 of the Diplomatic Conference, relating to technical assistance with regard to the implementation and the use of the International Registry; (iv) Materials, papers, commentaries and any guidelines issued by the International Institute for the Unification of Private Law (\"UNIDROIT\").
\nAIRCRAFT REGISTRATION FOURTH SCHEDULE (Article 16) Amended by:
\nXXXVII.2021.33.
\nTable of General Classification of Aircraft Col. 1 Col. 2 Lighter than air aircraft Aircraft { Col. 3 Non-mechanically driven { { Mechanically driven Non-mechanically driven Heavier than air aircraft Mechanically driven (flying machines) Col. 4 { Free Balloon Captive Balloon Airship { Glider Kite Aeroplane (Landplane) Aeroplane (Seaplane) Aeroplane (Amphibian Aeroplane (Self-launching motor glider) { Gyroplane Helicopter An aircraft which is intended to be operated with no pilot on board is to be further classified as unmanned.
\nUnmanned aircraft includes unmanned free balloons and remotely piloted aircraft.
\nNationality and Registration Marks of Aircraft Registered in Malta 1.
\nThe nationality marks of the aircraft shall be the number 9 followed by the capital letter \"H\" in roman character and the registration mark shall be a group of three to five characters, which characters can be a combination of capital letters in Roman character and/or Arabic numbers assigned by the Director General on the registration of the aircraft. The letters and numbers shall be without ornamentation and the hyphen shall be placed between the nationality mark and the registration mark.
\n2.
\nThe nationality and registration mark shall be painted on the aircraft or shall be affixed thereto by any other means ensuring a similar degree of permanence in the following manner:
\nI. Position of Marks (a) Flying machines and Gliders (i) Wings: Except on aircraft having no fixed wing surface, the marks shall appear on the lower surface of the wing structure, and shall be on the left half of the lower surface of the wing structure unless they extend across the whole surface of both wings. So far AIRCRAFT REGISTRATION as possible the marks shall be located equidistant from the leading and trailing edges of the wings. The tops of the letters shall be towards the leading edge of the wing. (ii) Fuselage (or equivalent structure) or Vertical Tail Surface: The marks shall also be either on each side of the fuselage (or equivalent structure) between the wings and the tail surfaces, or on the upper halves of the vertical tail surfaces. When on a single vertical tail surface they shall be on both sides of the tail. When there is more than one vertical tail surface, the marks shall appear on the outboard sides of the outer tails. (b) Airships and Balloons (i) Airships: The marks shall be on each side of the airship and also on the upper surface on the line of symmetry. They shall be placed lengthwise near the maximum cross-section of the airship. (ii) Spherical Balloons: The marks shall be in two places diametrically opposite. They shall be placed near the maximum horizontal circumference of the balloon. (iii) Non-Spherical Balloons: The marks shall be on each side. They shall be placed near the maximum cross-section of the balloon immediately above either the rigging band or the points of attachment of the basket suspension cables. (iv) In the case of all airships and balloons the side marks shall be so placed as to be visible both from the sides and from the ground.
\nII. Size of Marks (a) Flying Machines and Gliders (i) Wings: The letters constituting each group of marks shall be of equal height. The height of the letters shall be at least 50 centimetres. (ii) Fuselage (or equivalent structure) or Vertical Tail Surfaces: The marks on the fuselage (or equivalent structure) shall not interfere with the visible outlines of the fuselage (or equivalent structure).
\nThe marks on the vertical tail surfaces shall be such as to leave a margin of at least 5 centimetres along each side of the vertical tail surface. The letters constituting each group shall be of equal height. The height of the marks shall be at least 30 centimetres.
\nProvided that where owing to the structure of the aircraft a height of 30 centimetres is not reasonably practicable, the height shall be the greatest height reasonably practicable in the circumstances, but not less than 15 centimetres. (b) Airships and Balloons The letters constituting each group of marks shall be of equal height.
\nThe height of the letters shall be at least 75 centimetres.
\nIII. Width and Spacing of Marks (a) The width of each letter (except the letter I) and the length of the hyphen between the nationality mark and registration mark shall be two-thirds of the height of a letter. (b) The letters and hyphen shall be formed by solid lines and shall be of a colour clearly contrasting with the background on which they appear.
\nThe thickness of the lines shall be one-sixth of the height of a letter.
\nAIRCRAFT REGISTRATION (c) Each letter shall be separated from the letter which it immediately precedes or follows by a space equal to half the width of a letter. A hyphen shall be regarded as a letter for this purpose.
\n3.
\nThe nationality and registration marks shall be displayed to the best advantage taking into consideration the constructional features of the aircraft and shall always be kept clean and visible.
\n4.
\nIn addition to the foregoing requirements of this Schedule, a fireproof metal plate shall be affixed in a prominent position to the fuselage or car or basket, as the case may be, and near the main entrance to the aircraft and there shall be inscribed on the fireproof metal plate at least the nationality and registration marks of the aircraft.
\nAIRCRAFT REGISTRATION FIFTH SCHEDULE (Article 17) Added by:
\nLII. 2016.27.
\nRepealed by Act XL of 2023.
\nSixth Schedule (Article 61) Added by:
\nLII. 2016.27.
\nADMINISTRATIVE SANCTIONS First Column Second Column Provision Penalty € Article 11(1)(a) 2,000 Article 11(1)(b) 2,000 Article 11(1)(c) 2,000 Article 11(1)(d) 2,000 Article 13(1)(c) 5,000 Article 13(1)(g) 5,000 Article 13(1)(h) 5,000 Article 16(1) 5,000 Article 16(2)(a) 5,000 Article 16(2)(b) 5,000 Article 20(3) 2,500 Article 20(4) 2,500 The Authority may inflict on any person who has violated any of the provisions listed in the First Column of this Schedule the corresponding penalty listed in the Second Column of this Schedule.