S.L. 499.63 чл. 2Interpretation. Cap. 499.

(1) In these regulations, unless the context otherwise requires: "airport managing body" means a body that has as its objective the administration and management of the airport infrastructure, and the co-ordination and control of the activities of the different operations present in the airport;

"ATFM" means air traffic flow management; "ATFM measure" means the actions taken to perform air traffic flow management and capacity management; "ATS" means air traffic services; "ATS unit" means a Unit established for the purpose of receiving reports concerning ATS and flight plans submitted before the first delivery of an air traffic control clearance; "authorised officer" means a person appointed as an authorised officer under regulation 5; "Authority" means the Authority for Transport in Malta established by article 5 of the Authority for Transport in Malta Act; "defaulting party" means a party as described in the definition "party" but which prima facie looks to the Authority that it is in breach of any of the Articles of the Regulation mentioned in regulation 3(1); "operator" means a person, organization, or enterprise engaged in or offering to engage in an aircraft operation; "party" means a party, or agent acting on its behalf, involved in the ATFM process mentioned in Article (1)(3) of the Regulation; "the Regulation" means Commission Regulation (EU) No 255/ 2010 of 25 March 2010, laying down common rules on air traffic flow management.

(2) Words or expressions used in the Regulation and reproduced in these regulations shall carry the same meaning unless the context requires otherwise. Regulation; or

(c) an airport managing body failed to comply with Article 8 of the Regulation; or

(d) a party failed to comply with an ATFM measure or procedure the Authority is responsible to oversee under the Regulation, it shall direct the defaulting party to comply with the Regulation or to comply with any instruction contained in the Authority’s directions. The defaulting party shall, within one (1) month of the instructions of the Authority, submit to the Authority its own considerations in reply. The Authority shall reply to the defaulting party, after having considered any reply it may have received in this regard within two (2) months of receipt of the reply. Where the instructions of the Authority are confirmed, they shall enter into effect on the date the reply of the defaulting party was submitted to the Authority.

(2) Where the Authority has issued any instructions to a defaulting party which -

(a) has not submitted any considerations within the stipulated one (1) month period referred to in sub-regulation (1); or

(b) has submitted considerations and the Authority has replied by confirming its own instructions; and the defaulting party fails to comply with the instructions issued by the Authority, the defaulting party shall be guilty of an offence against these regulations and shall be liable, on conviction, to a fine (multa) of not less than ten thousand euro (€10,000) and of not more than one hundred thousand euro (€100,000).

(3) Any directions or instructions given by the Authority shall be addressed to the defaulting party and shall be served in one of the following ways:

(a) by hand delivery directly to the defaulting party; or

(b) by registered post to the registered address or to the principal place of business of the defaulting party.