Aircraft not falling under the European Parliament Civil Aviation Regulation referred to as 'Basic Regulation' (EC) No.216/2008, are also referred to as 'Annex II Aircraft' or 'Non-EASA' aircraft.

These aircraft fall under the Air Navigation Order (ANO) & Malta Civil Airworthiness Requirements (MCAR). In the case of aircraft qualifying for a Certificate of Airworthiness, this is issued pursuant to the Air Navigation Order and ICAO SARP Annex 8.

In the case of aircraft without type certification (microlights, prototype) a National Permit to Fly valid for 12 months is issued pursuant to the ANO and MCAR.