Cap. 641 Art. 72Emergency air traffic control procedures.

(1) In pursuance of Malta’s international obligations under the Chicago Convention and its Annexes, an air traffic control unit shall in all cases notify the Armed Forces of Malta immediately that an aircraft is considered to be in a state of emergency in accordance with any of the following phases:

(a) uncertainty phase (INCERFA) when:

(i) no communication has been received from an aircraft within a period of thirty (30) minutes after the time a communication should have been received, or from the time an unsuccessful attempt to establish communication with such aircraft was first made, whichever is earlier; or

(ii) an aircraft fails to arrive within thirty (30) minutes of the estimated time of arrival last notified to or estimated by air traffic services units, whichever is the later:

Provided that no notification under this phase needs to be made if no doubt exists as to the safety of the aircraft and its occupants;

(b) alert Phase (ALERFA) when:

(i) following the uncertainty phase, subsequent attempts to establish communication with the aircraft or inquiries to other relevant sources have failed to reveal any news of the aircraft; or

(ii) an aircraft has been cleared to land and fails to land within five (5) minutes of the estimated time of landing and communication has not been re-established with the aircraft; or

(iii) information has been received which indicates that the operating efficiency of the aircraft has been impaired, but not to the extent that a forced landing is likely; or

(iv) an aircraft is known or believed to be the subject of unlawful interference.

(c) distress phase (DETRESFA) when:

(i) following the alert phase, further unsuccessful attempts to establish communication with the aircraft and more widespread unsuccessful inquiries point to the probability that the aircraft is in distress; or

(ii) the fuel on board is considered to be exhausted, or to be insufficient to enable the aircraft to reach safety; or

(iii) information is received which indicates that the operating efficiency of the aircraft has been impaired to the extent that a forced landing is likely; or

(iv) information is received or it is reasonably certain that the aircraft is about to make or has made a forced landing:

Provided that any notification made under this article shall contain the following information as is available in the order listed:

(a) INCERFA, ALERFA or DETRESFA, as appropriate to the phase of the emergency;

(b) agency and person calling;

(c) nature of the emergency;

(d) significant information from the flight plan;

(e) unit which made last contact, time and means used;

(f) last position report and how determined;

(g) colour and distinctive marks of aircraft;

(h) dangerous goods carried as cargo;

(i) any action taken by reporting office; and

(j) other pertinent remarks.

(2) For the purposes of Annex 12 of the Chicago Convention, a "rescue coordination centre" shall mean the Armed Forces of Malta.

(3) The Minister may, by regulations issued under this Act, regulate in detail the management process to be followed by the relevant entities for each of the emergency phases mentioned.