Cap. 641 Art. 9Certificate of airworthiness required.

(1) An aircraft shall not fly unless there is in force in respect thereof a certificate of airworthiness duly issued or rendered valid under the law of the country in which the aircraft is registered, and any conditions subject to which the certificate was issued or rendered valid are complied with:

Provided that the foregoing prohibition shall not apply to:

(a) flights beginning and ending in Malta, without passing over any other country, of:

(i) a non-EASA balloon, provided it is not being used for purposes of public transport or commercial operation;

(ii) a non-EASA kite;

(iii) a non-EASA sailplane flying on a private flight;

(iv) an aircraft flying in accordance with the conditions of a national permit to fly issued by the Director General in respect of that aircraft, saving the right of that aircraft to exit the Maltese airspace once authorised to fly over and land in another country in accordance with its laws;

(v) an aircraft flying in accordance with an EASA Part-21 permit to fly issued or approved by the Director General in respect of that aircraft;

(vi) such other aircraft as the Director General may decide;

(b) flights beginning or ending in Malta or aircraft flying for the purpose of continuing transit with a national permit to fly issued by a Contracting State and rendered valid in accordance with the conditions of a permit to fly accepted or approved by the Director General in respect of that aircraft.

(2) The general prohibition in sub-article (1) shall not apply to:

(a) the flights by an aircraft flying in accordance with an EASA Part-21 permit to fly which permits the aircraft to fly outside the airspace of the issuing Member State;

(b) the flights of a Maltese registered aircraft for which a specific authorisation has been granted by the Director General.

(3) In the case of an EASA aircraft registered in Malta, the certificate of airworthiness referred to in sub-article (1) shall be an EASA certificate of airworthiness issued by the Directorate.

(4) For the purposes of sub-article (1) a certificate of airworthiness shall include:

(a) an EASA restricted certificate of airworthiness and an EASA restricted noise certificate issued by the Directorate; and

(b) an EASA restricted certificate of airworthiness and an EASA restricted noise certificate issued by the competent authority of a Member State other than Malta which permits the aircraft to fly outside the airspace of the issuing Member State.