Without prejudice to any other applicable provisions of Community, national, or international law, the following categories of air services shall not be subject to the requirement to hold a valid operating licence:
(a) air services performed by non-power-driven aircraft and/or ultralight power-driven aircraft; and
(b) local flights.
Not in the case of Day VFR flights. In Malta, if you hold a valid ICAO licence, you do not need to have JAR-FCL licence or a Maltese licence or a certificate of validation to fly for private purposes only.
Private flights, i.e., non commercial flights, only require prior notification to operate in or out of Malta. Commercial flights operated between Malta and the EEA States only require prior notification. Flights operated from other countries require the approval of Civil Aviation Directorate which may be given on a seasonal or on ad hoc basis.
Further information can be obtained from the Duty Management Officer.
Requests for the granting of an Air Service Licence must be submitted in writing to the Director General of Civil Aviation. This request shall be granted an operating licence by the competent licensing authority of a Member State provided that:
(a) its principal place of business is located in that Member State;
(b) it holds a valid AOC issued by a national authority of the same Member State whose competent licensing authority is responsible for granting, refusing, revoking or suspending the operating licence of the Community air carrier;
(c) it has one or more aircraft at its disposal through ownership or a dry lease agreement;
(d) its main occupation is to operate air services in isolation or combined with any other commercial operation of aircraft or the repair and maintenance of aircraft;
(e) its company structure allows the competent licensing authority to implement the provisions of this Chapter;
(f) Member States and/or nationals of Member States own more than 50 % of the undertaking and effectively control it, whether directly or indirectly through one or more intermediate undertakings, except as provided for in an agreement with a third country to which the Community is a party;
(g) it meets the financial conditions specified in Article 5 of the Regulation (EC) No 1008/2008;
(h) it complies with the insurance requirements specified in Article 11 of the Regulation (EC) No 1008/2008 and in Regulation (EC) No 785/2004; and
(i) it complies with the provisions on good repute as specified in Article 7 of the Regulation (EC) No 1008/2008.
An AOC is required once passengers are being carried for hire and reward irrespective of the size of the aircraft.
The application should reach the Civil Aviation Directorate at least 90 days before the date of intended operation. The operations manual may be submitted later, but not less than 60 days, together with a detailed statement of compliance with all EU-OPS 1 / JAR-OPS 3 requirements as appropriate.
The Flight Operations Inspectorate is responsible for the approval and ongoing surveillance of the operational safety standards of Maltese airlines.
For the purposes of the Regulation (EC) No 1008/2008 of The European Parliament and of The Council an ‘operating licence’ means an authorisation granted by the competent licensing authority to an undertaking, permitting it to provide air services as stated in the operating licence.
Chapter II, Article 3 (1) of the Regulation (EC) No 1008/2008 of The European Parliament and of The Council specifies that no undertaking established in the Community shall be permitted to carry by air passengers, mail and/or cargo for remuneration and/or hire unless it has been granted the appropriate operating licence.
An undertaking meeting the requirements of this Chapter shall be entitled to receive an operating licence.
The competent licensing authority shall not grant operating licences or maintain them in force where any of the requirements of this Chapter are not complied with.
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