Aviation in Malta

Commercial and any other aircraft

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The following entities are eligible to register an aircraft in Malta:

• The Government of Malta;

• A citizen of Malta or a citizen of a Member State of the European Union or of an EEA State, or Switzerland, having a place of residence or business in Malta, EU, EEA or Switzerland, including a person sharing in the ownership of such aircraft by virtue of the community of acquests subsisting between such person and a citizen as described above in whose name the aircraft is registered;

• An undertaking formed and existing in accordance with the laws of Malta, of a Member State of the EU, EEA or Switzerland and having its registered office, central administration and principal place of business within Malta, or the EU, EEA or Switzerland, whereof not less than fifty (50) % of the undertaking is owned and effectively controlled by the Government of Malta, or by any Member State of the EU, or by persons referred to in paragraph above, whether directly or indirectly through one or more intermediate undertakings.

Documents required for the registration of an aircraft in Malta

The application for aircraft registration must be submitted to the Civil Aviation Directorate and include the following documents:

• A fully completed application form;

• Evidence of the aircraft’s ownership;

• The lease agreement if the aircraft is being operated under a lease;

• Proof that the registrant is qualified to apply;

• Certificate of de-registration in case of the aircraft registered in an another country;

• Documentation proving the registration of any mortgages on the aircraft.

International registrants

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To register an aircraft in Malta, foreign registrants who satisfy the established above qualifying criteria shall appoint a local resident agent in Malta who is capable of carrying out the functions of registering an aircraft on their behalf.

The resident agent shall act as a channel of communication between the international registrant and the Director General and other authorities. Other duties of the resident agent include acting as the judicial representative of the international registrant in judicial proceedings in Malta, as well as signing and filing of any declarations and forms required in terms of Maltese law.

For the purposes of the provisions of the Aircraft Registration Act, international registrants may be established in any of the approved jurisdiction as approved by the Minister and may be reviewed from time to time:

Private only aircraft

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Natural persons, who are citizens of, or undertakings established in member countries of the Organisation for Economic Co-operation and Development (OECD) and other countries approved by the Minister as “International Registrants”, may register a private aircraft on the Maltese register, provided that they meet the following conditions:

• The International Registrant has the legal capacity to own and operate an aircraft in accordance with the law;

• The International Registrant appoints a local resident agent to represent the owner in Malta for matters related to the registration of the aircraft;

• The International Registrant complies with all applicable regulations and guidelines.

Persons eligible to Register an Aircraft in Malta

• An owner operating an aircraft;

• An owner of an aircraft under construction or temporarily not being operated or managed;

• An operator of an aircraft under a temporary title (where an aircraft is under a lease agreement, an operating agreement, or similar agreement);

• A buyer of an aircraft under a conditional sale or title reservation agreement authorised to operate the aircraft;

• A trustee for the benefit of beneficiaries.

Procedure for aircraft registration in Malta

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The registration of an aircraft in Malta is initiated by filing of an application for registration by the prospective registrant or his resident agent. The application shall include the details of the aircraft to be registered, the details of the ownership and acquisition, information and qualifications of the registrant, and shall be accompanied by the relevant supporting documentation.

In addition to the above, the registration of a commercial aircraft involves additional requirements, obliging all operators to hold an Air Operator Certificate (AOC) and an Air Operator Licence (AOL). These certifications are granted by the Civil Aviation Directorate at the Authority for Transport in Malta.

The AOC certificate confirms the operator’s professionalism and ability to safely operate a commercial aircraft. An aircraft registered in Malta may only fly for the purpose of carriage of passengers or cargo in accordance with the terms of a certificate granted to the operator of the aircraft. The application process involves meeting various regulatory requirements, such as demonstrating compliance with safety standards, having a qualified management team, and having appropriate maintenance and operations procedures in place. Upon receipt of the AOC, the operator must respectively obtain an AOL in order to commence operations. The issued AOL allows the operator to provide specific commercial air services indicated therein.

Upon successful completion of application requirements and obtaining of the relevant certifications, where required, the Director General will be able to issue a Certificate of Registration and the classification of the aircraft for the purpose of application under the Act