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Civil Aviation Act (Cap. 232) Civil Aviation (Distribution Of Traffic Rights) Regulations, 2007 (L.N. 23 Of 2007 )

CIVIL AVIATION ACT (CAP. 232)
Civil Aviation (Distribution of Traffic Rights) Regulations, 2007
IN exercise of the powers conferred by article 3 of the Civil Aviation Act, the Minister for Competitiveness and Communications has made the following order>-
1. The title of this order is the Civil Aviation (Distribution of
Traffic Rights) Regulations, 2007.
2. For the purposes of Article 5 of Regulation (EC) No 847#2004 of the European Parliament and of the Council of 29 April 2004 on the negotiations and implementation of air service agreements between Member States and third countries, the distribution of traffic rights among eligible Community air carriers shall be carried out by the Director of Civil Aviation in accordance with a non-discriminatory and transparent procedure.
3. (1) An appeal shall lie to The Traffic Rights Appeals Board against any decision given under regulation 2 by the Director of Civil Aviation.
(2) The right to appeal shall be competent to the party aggrieved by the decision.
(3) An appeal to the Board may be filed on any of the following grounds>
(a) that a material error as to the facts has been made< (b) that there was a material procedural error<
(c) that an error of law has been made<
(d) that there was some material illegality, including unreasonableness or lack of proportionality.

Citation.

Allocation of traffic rights.

Appeals.

B 312
(4) The Board shall give reasons for its decision and shall cause such decisions to be made public omitting, if it deems it appropriate for reasons of commercial or security confidentiality, the names of the persons involved or any other information.
(5) In determining an appeal under this regulation the Board
may –
a) dismiss the appeal< or b) annul the decision
and where the Board annuls the decision it shall refer the matter to the
Director of Civil Aviation for its implementation.

Traffic Rights

Appeals Board.

Powers and Procedure of the Board.

4. (1) There shall be a Traffic Rights Appeals Board, hereinafter “the Board”, consisting of three members, one of whom shall be the chairperson having experience in the legal field.
(2) The members of the Board shall be appointed by the Minister responsible for civil aviation for a period indicated in their letter of appointment and may be so appointed for further periods as the Minister may deem appropriate.
(3) A member of the Board may be challenged or abstain for any of the reasons for which a judge may be challenged or abstain in accordance with article 734 of the Code of Organization and Civil Procedure. In any such case the Minister shall appoint a person, having the qualifications of the member challenged or abstaining, to sit as member of the Board in substitution of the said member.
5. (1) The Board shall be competent to hear and decide any appeal made to it in accordance with the provisions of these regulations, and, subject to regulation 6 hereof, the decisions of the Board shall be final and binding.
(2) For the exercise of its functions, the Board may summon any person to appear before it and give evidence and produce documents, and the chairperson shall have the power to administer the oath. The Board may also appoint experts to advise the Board on any technical issue that may be relevant to its decision.
(3) For the purposes aforesaid the Board shall have the same powers as are competent to the First Hall, Civil Court, according to law.
(4) The Board shall regulate its own procedure.
6. (1) Any party to an appeal to the Board who feels aggrieved by a decision of the Board may, on a question of law, appeal to the Court of Appeal (Inferior Jurisdiction) as constituted in accordance with article 41(6) of the Code of Organization and Civil Procedure by means of an application filed in the registry of that court within thirty days from the date on which that decision has been notified to him.
(2) The fees contained in Schedule A to the Code of Organization and Civil Procedure shall apply to the filing of judicial acts in connection with appeals under this regulation.
B 313

Appeal to the Court of Appeal.

Ippubblikat mid-Dipartiment ta’ l-Informazzjoni (doi.gov.mt) — Valletta — Published by the Department of Information (doi.gov.mt) — Valletta

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