On 23rd December 2019, the Civil Aviation Directorate (the "CAD") within Transport Malta has issued a public consultation document on the proposed amendment to the Air Navigation Order (Subsidiary Legislation 499.09) (the "ANO").

The proposed changes would elevate the ANO to act status and bear the name the 'Air Navigation Act' (hereinafter referred to as the "Act"), and therefore permitting the directorate to introduce urgent regulatory measures required from a European Union, EASA and local perspective more swiftly.

The CAD shall be the public authority charged with the exclusive right to regulate the navigation of aircraft over the Maltese airspace and the technical compliance requirements for aircraft registered in Malta. The new Act will also permit the Director General of Civil Aviation to introduce guidelines, procedures, rules or notices in order to regulate various particular matters falling within its remit in terms of the Act.

Furthermore, the Act will transpose the EASA Basic Regulation and other relevant EU laws, including but not limited to, those relating to aircraft crew and licensing, air incident reporting and enforcement.

The aviation sector in Malta has encountered significant growth over the past decade with the Maltese aircraft register listing over 300 aircraft and the number of AOC holders approaching 40.

The Transport Team within KPMG Malta welcomes this change and will continue to follow up on any updates made to the law.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.