Cap. 641 · Air Navigation Act (Cap. 641)
Cap. 641 Art. 71Appointment of authority.
PART IX
(1) The Directorate shall be the authority appointed for the purposes of Commission Implementing Regulation (EU) No. 2017/ 373 of 1 March 2017 laying down common requirements for providers of air traffic management/air navigation services and other air traffic management network functions and their oversight, repealing Regulation (EC) No. 482/2008, Implementing Regulations (EU) No. 1034/2011, (EU) No. 1035/2011 and (EU) 2016/1377 and amending Regulation (EU) No. 677/2011, hereinafter referred to as "Commission Regulation (EU) No 2017/373", for the issuing of certificates to service providers and for the oversight and enforcement in respect of service providers.
(2) The Directorate may adopt additional provisions to complement the aforementioned Regulation, by notifying EASA with due justification for those provisions, at the latest two (2) months after the additional provisions have been adopted.
(3) The Directorate shall be the authority appointed to:
(a) establish UAS geographical zones that facilitate, restrict or exclude UAS operations in order to address risks pertaining to safety, privacy, protection of personal data, security or the environment, arising from UAS operations;
(b) establish, maintain and make available a registration system for certified U-space service providers and single common information service providers;
(c) establish a certification and continuous risk-based oversight programme, including the monitoring of the operational and financial performance of, and commensurate with the risk associated with the services being provided by the U-Space service providers and single common information service providers that fall under its oversight responsibility.
(4) Without prejudice to the provisions of this Part, the Directorate shall issue such regulatory instruments as may be required in the Act in order to regulate the control of air traffic and to ensure the full compliance with the terms of any of Malta’s international obligations in this regard.
(5) Where it is necessary in the public interest to restrict or prohibit flying over an area of Malta or along any route therein by reason of national defence, safety or any other reason affecting the public interest, the Director General may, by regulatory instrument or notification, following consultation with the Minister or at the request of the Minister, prohibit, restrict or impose conditions on flight, either generally or in relation to any class of aircraft, over any such area or along any such route, and an aircraft shall not fly in contravention of such regulatory instrument or notification.
(6) Certification and continued approval of national service providers shall fall under the requirements of Regulation (EU) No. 2017/373 as amended.
(7) The Director General may allocate the tasks related to the certification or oversight of service providers to an appointed qualified entity.