S.L. 643.3 Art. 20Operating ban.

(1) Where an aircraft operator fails to comply with the requirements of these regulations and where enforcement measures fail to ensure compliance, the Authority may, after consultation with the regulatory authority responsible for aviation, ask the Minister to request the Commission to decide on the imposition of an operating ban on that aircraft operator. Such a request shall be made in accordance, where applicable, with decisions and regulations adopted by the Commission pursuant to Directive 2003/ 87/EC.

(2) The Minister, before requesting the Commission to decide on the imposition of an operating ban on an aircraft operator, shall serve a notice to the aircraft operator which shall include:

(a) evidence that the aircraft operator has not complied with its obligations under these regulations and any decisions and regulations adopted by the Commission pursuant to Directive 2003/87/EC; and

(b) information on enforcement action which has been taken in respect of the aircraft operator; and

(c) a draft of the request that the Minister intends to submit to the European Commission under sub-regulation (1). The aircraft operator shall be given an opportunity to make submissions to the Minister, within a period of time indicated in the notice, which shall be of not more than twenty days, before the Minister submits a request for an operating ban to the Commission.

(3) The request made by the Minister to the Commission pursuant to sub-regulation (1) shall include:

(a) evidence that the aircraft operator has not complied with its obligations under these regulations and any decisions and regulations adopted by the Commission pursuant to Directive 2003/87/EC; and

(b) information on enforcement action which has been taken in respect of the aircraft operator; and

(c) a justification for the imposition of an operating ban at Union level; and

(d) a recommendation for the scope of the operating ban and any conditions that should be applied.

(4) The Authority for Transport in Malta shall ensure that a decision adopted by the Commission pursuant to Directive 2003/ 87/EC to impose an operating ban on an aircraft operator is enforced within the territory of Malta. The Minister responsible for aviation shall inform the Commission of any measures taken to enforce such a decision.