AIRPORT (GROUNDHANDLING SERVICES) [ L.S.232.15 1
SUBSIDIARY LEGISLATION 232.15
AIRPORT (GROUNDHANDLING SERVICES) 
REGULATIONS
18th February, 2003;
25th March, 2003
LEGAL NOTICE 66 of 2003.
Citation.
(Groundhandling Services)  Regulations.
Interpretation.
"airport" means any area of land especially adapted for the
landing, taking off and manoeuvres of aircraft, including the
ancillary installations which these operations may involve for the
requirements of aircraft traffic and services including the
installations needed to assist commercial air services;
"airport user" means any natural or legal person, responsible for
the carriage of passengers, mail and, or freight by air, from or to the
airport in question;
"airside services" means the following categories of
groundhandling services:
( a ) baggage handling;
( b ) freight and mail handling as regards the physical
handling of freight and mail, whether incoming,
outgoing or being transferred, between the air terminal
and the aircraft;
( c ) fuel and oil handling;
( d ) ramp handling;
"Board" means the Groundhandling Services Appeals Board
established under regulation 16;
"Committee" means the Airport Users’ Committee established
under regulation 5;
"Director" means the Director of Civil Aviation and, to the
extent of the authority given, any person authorised in that behalf
by the Director;
"groundhandling" means the services provided to airport users at
the airport as described in the Schedule;
"managing body of the airport" means a body that has as its
objective the administration and management of the airport
infrastructure, and the co-ordination and control of the activities of
the different operations present in the airport;
"Minister" means the Minister responsible for civil aviation, and
includes, to the extent of the authority given, any officer authorised
by him, in writing, to act in that behalf for any of the purposes of
these regulations; 
2 L.S.232.15 ] AIRPORT (GROUNDHANDLING SERVICES)
"self-handling" means a situation in which an airport user
directly provides for himself one or more categories of
groundhandling services and concludes no contract of any
description with a third party for the provision of such services; for
the purposes of this definition airport users shall not, among
themselves, be deemed to be third parties where -
( a ) one holds a majority shareholding in the other; or
( b ) a single body has a majority holding in each;
"supplier of groundhandling services" means any natural or legal
person supplying third parties with one or more categories of
groundhandling services.
Separation of 
accounts.
3. (1) Where the managing body of an airport, the airport user
or the supplier of groundhandling services provides
groundhandling services, they must rigorously separate the
accounts of their groundhandling activities from the accounts of
their other activities in accordance with current commercial
practice.
(2) A person who fails without reasonable excuse to comply
with the requirements of subregulation (1) shall be guilty of an
offence.
(3) The managing body of the airport shall not cause or permit
its groundhandling activities to be subsidised from the revenue it
derives from its role as airport authority.
Independent 
examiner.
4. (1) In any case where, pursuant to regulation 3, the
managing body of the airport, an airport user, or a supplier of
groundhandling services is required to separate its accounts, the
Director shall appoint in relation to that managing body, airport
user or supplier a person to undertake the duties of independent
examiner described in this regulation.
(2) The Director may by notice in writing on the independent
examiner and on the person in relation to whom he has been
appointed to examine, revoke an appointment made by him
pursuant to subregulation (1).
(3) The independent examiner shall check that the required
separation of accounts is carried out. 
(4) The independent examiner appointed in relation to the
managing body of the airport shall also check whether there are or
have been any financial flows between the activity of the managing
body as airport authority and its groundhandling activity.
(5) Within a period of fifteen months after his date of
appointment and at least once a year thereafter, the independent
examiner shall prepare a written statement containing the results of
the checks he has carried out pursuant to subregulation (3) and,
where he has been appointed in relation to the managing body of
the airport, subregulation (4).
(6) The independent examiner shall send a copy of the
statement prepared by him pursuant to subregulation (5) to the
Director.
AIRPORT (GROUNDHANDLING SERVICES) [ L.S.232.15 3
 (7) The independent examiner shall be entitled to receive from
the person in relation to whom he has been appointed a sum equal
to any expense reasonably incurred by him in undertaking his
duties of the independent examiner described in this regulation.
Airport Users’ 
Committee.
5. (1) There shall be set up by the managing body of the
airport a committee of representatives of airport users or
organisations representing airport users, to be called the Airport
Users’ Committee, hereinafter referred to as "the Committee". The
representatives shall be appointed by the Director and the statute
and rules of procedure of the Committee shall be approved by the
Director.
(2) All airport users shall have the right to be on this
Committee or, if they so wish, be represented on it by an
organisation appointed to that effect.
(3)  The Committee shall meet at least once a year with the
managing body of the airport and the persons providing
groundhandling services at the airport to consult on the application
of the provisions of these regulations. Such consultation shall
cover,  inter   alia , the organisation of the provision of those
groundhandling services supplied at the airport.
Groundhandling 
for third parties.
6. (1) The managing body of the airport shall ensure free
access by suppliers of groundhandling services established in Malta
to the market for the provision of groundhandling services to third
parties:
Provided that not more than two suppliers are authorised to
provide each category of airside services and at least one of the
authorised suppliers may not be directly or indirectly controlled by:
- the managing body of the airport,
- any airport user who has carried more than 25% of the
passengers or freight recorded at the airport during the
year preceding that in which those suppliers were
selected,
- a body controlling or controlled directly or indirectly
by the managing body or any such user:
Provided further that the managing body of the airport,
either directly or indirectly, may also provide airside services in
addition to the other two authorised suppliers.
(2) The suppliers of groundhandling services mentioned in
subregulation (1), shall have at least fifty-one percent shareholding
held by Maltese nationals unless the Government of Malta directly
or indirectly holds any shares therein.
Self-handling.
respect of groundhandling services except those defined under
airside services. In relation to one or more airside services, the
Director may, at his discretion or upon the application of the
managing body of the airport, reserve the right to self handle to no
fewer than two airport users, provided they are chosen on the basis
of relevant, objective, transparent and non-discriminatory criteria.
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(2) The selection of the self-handling airport users made by the
managing body of the airport on the basis of subregulation (1) shall
be valid for not more than seven years.
Selection of 
suppliers.
8. (1) The managing body of the airport shall use a selection
procedure for suppliers authorised to provide groundhandling
services to third parties:
Provided that the managing body -
( a ) does not provide similar groundhandling services; and 
( b ) has no direct or indirect control over any undertaking
which provides such services; and 
( c ) has no involvement in any such undertaking. 
(2) The managing body of the airport shall choose a supplier of
groundhandling services after consulting the Committee and on the
basis of the following principles:
( a ) any standard conditions or technical specifications
which are to be met by suppliers of groundhandling
services shall be established after consultation with the
Committee;
( b ) the selection criteria must be relevant, objective,
transparent and non-discriminatory;
( c ) an invitation to tender shall be published in the media
to which any interested supplier of groundhandling
services may reply.
(3) A supplier of groundhandling services shall provide such
services for a maximum of seven years after being selected. If such
a supplier of groundhandling services ceases his activity before the
end of the period for which he has been selected, he shall be
replaced on the basis of the same selection procedure mentioned in
subregulation (2).
(4)  In the event that the managing body of the airport decides
to itself provide groundhandling services:
( a )  it may do so without being subject to the selection
procedures in subregulation (2). This shall also apply
to the supplier of groundhandling services which is
controlled directly or indirectly by the managing body
of the airport;
( b ) the Director shall carry out the selection procedure in
subregulation (2) after consulting the Committee and
the managing body of the airport. 
(5) The managing body of the airport shall inform the
Committee and the Director of decisions taken under this
regulation.
Access to 
installations.
9. The managing body of the airport shall ensure that:
( a ) the suppliers of groundhandling services and airport
users wishing to self-handle have access to airport
installations to the extent necessary for them to carry
out their activities;
AIRPORT (GROUNDHANDLING SERVICES) [ L.S.232.15 5
( b ) any conditions on such access that may be imposed by
the managing body of the airport shall be relevant,
objective, transparent and non-discriminatory;
( c ) space available for groundhandling at the airport is
divided among the various suppliers of
groundhandling services and self-handling airport
users, to the extent necessary for the exercise of their
rights and to allow effective and fair competition on
the basis of relevant, objective, transparent and non-
discriminatory rules and criteria;
( d ) any fee charged for such access is determined
according to relevant, objective, transparent and non-
discriminatory criteria.
Approval of the 
Director.
10. (1) The Director may require that the groundhandling
activity of a supplier of groundhandling services or a self-handling
user obtain his approval. When granting such approval the Director
shall take into account the financial fitness and sufficient insurance
cover, the security and safety of installation, of aircraft, of
equipment and of persons, as well as the protection and compliance
with the relevant industrial legislation.
(2) In applying the criteria in subregulation (1) the following
principles shall be applied:
( a ) they must be applied in a non-discriminatory manner
to the various suppliers of groundhandling services
and airport users;
( b ) they must relate to the intended objective;
( c ) they may not, in practice, reduce market access
freedom to self-handle to a level below that provided
in these regulations.
(3)  The criteria referred to in subregulation (1) should be made
public and the supplier of groundhandling services or self-handling
airport user shall be informed in advance of the procedure for
obtaining approval.
(4) The Director may withhold or withdraw an approval issued
by him to the supplier of groundhandling services or self-handling
airport user if they do not meet, for reasons of their own doing, the
criteria set out in subregulation (1). When withholding or
withdrawing an approval, the Director shall communicate the
grounds for such action to the supplier or user concerned and to the
managing body of the airport.
Furnishing of 
information, etc., 
to the Director.
11. (1) The Director may by notice in writing served on any
person require him to furnish to the Director, in such form and at
such time as may be specified in the notice, information of such
descriptions as may be so specified which relates to the accounts of
any person to whom the requirements of regulation 3 apply.
(2) Any person who fails without reasonable excuse to comply
with the requirements of a notice served upon him under
subregulation (1) shall be guilty of an offence.
(3) Any person who, in purported compliance with the
6 L.S.232.15 ] AIRPORT (GROUNDHANDLING SERVICES)
requirements of any such notice, knowingly or recklessly furnishes
information which is false in a material manner shall be guilty of an
offence. 
Restriction on 
disclosure of 
information.
12. (1) Subject to subregulation (2), no information with
respect to any particular business which has been obtained under or
by virtue of regulation 11 shall, so long as the business continues to
be carried on, be disclosed without the consent of the person for the
time being carrying it on.
(2) Subregulation (1) does not apply to any disclosure of
information, which is made -
( a ) in connection with the investigation of any criminal
offence or for the purpose of any criminal
proceedings;
( b ) for the purpose of any civil proceedings brought under
or by virtue of these regulations.
Prohibition of 
suppliers and 
airport users.
13. (1) Where, on an application made to him by the
managing body of an airport, the Director is satisfied that a supplier
of groundhandling services or an airport user has failed to comply
with a rule imposed upon him to ensure the proper functioning of
the airport, and that rule -
( a ) is applied in a non-discriminatory manner to the
various suppliers of groundhandling services and
airport users; and 
( b ) does not, in practice, reduce market access or the
freedom to self-handle to a level below that provided
for in these regulations,
the Director may decide to prohibit, for such period as he thinks fit,
the supplier or user from supplying groundhandling services or, as
the case may be, self-handling.
(2) A decision made pursuant to subregulation (1) may apply to
one or more categories of groundhandling services. 
(3) A supplier of groundhandling services or an airport user in
relation to whom a decision has been made pursuant to
subregulation (1) shall not supply groundhandling services or, as
the case may be, self-handle in contravention of that decision.
(4) In this regulation "rule" includes an obligation contained in
a law or in a regulation. 
Centralised 
infrastructures.
14. (1) On an application from the managing body of an
airport, the Director may decide to reserve for the managing body
of the airport or for another person the management of the
centralised infrastructures used for the supply of groundhandling
services whose complexity, cost or environmental impact does not
allow for division or duplication, such as baggage sorting, de-icing,
water purification and fuel distribution and storage systems. 
(2) Where the management of a centralised infrastructure has
been reserved by the Director pursuant to subregulation (1), a
supplier of groundhandling services or a self-handling airport user
AIRPORT (GROUNDHANDLING SERVICES) [ L.S.232.15 7
at that airport shall not use any apparatus, equipment, system or
other thing for the supply of the groundhandling services concerned
as an alternative to that centralised infrastructure.
(3) The person for whom the management of a centralised
infrastructure has been reserved pursuant to subregulation (1) shall
ensure that the management of that infrastructure is transparent,
objective and non-discriminatory and, in particular, that it does not
hinder the access of suppliers of groundhandling services or self-
handling airport users within the limits provided for in these
regulations.
(4) On his own proposal or on an application made to him by -
( a ) the managing body of the airport concerned,
( b ) the person for whom the management of the
centralised infrastructures in question has been
reserved, where that person is not the managing body
of the airport concerned,
( c ) a supplier of groundhandling services, or 
( d ) an airport user, 
the Director may vary from time to time or revoke a decision made
pursuant to subregulation (1).
Reciprocity.
with respect to access to the groundhandling or self-handling
market -
( a ) does not,  de jure  or  de facto , grant   suppliers of
groundhandling services and self-handling airport
users from Malta treatment comparable to that granted
by Malta to suppliers of groundhandling services and
self-handling airport users from that country; or
( b ) grants suppliers of groundhandling services and self-
handling airport users from that country or from other
countries more favourable treatment than suppliers of
groundhandling services and self-handling airport
users from Malta,
the Minister may wholly or partially suspend the obligations arising
from these regulations in respect of suppliers of groundhandling
services and airport users from that country.
Groundhandling 
Services Appeals 
Board.
16. (1) There shall be a Groundhandling Services Appeals
Board, consisting of three members, of whom one, who shall be the
chairperson, shall be a person who has practised as an advocate for
not less than seven years.
(2) The members of the Board shall be appointed by the
Minister for a period indicated in their letter of appointment and
may be so appointed for further periods as the Minister may deem
appropriate.
Cap. 12.
(3) A member of the Board may be challenged or abstain for
any of the reasons for which a judge may be challenged or abstain
in accordance with article 734 of the Code of Organisation and
8 L.S.232.15 ] AIRPORT (GROUNDHANDLING SERVICES)
Civil Procedure. In any such case the Minister shall appoint a
person, having the qualifications of the member challenged or
abstaining, to sit as a member of the Board in substitution of the
said member.
(4) The Minister shall also designate a person to serve as
Secretary to the Board and such person shall serve in such capacity
in accordance with ethical standards which form part of public
service values. 
Appeals. 17. (1) An appeal shall lie to the Groundhandling Services
Appeals Board against any decision or authorisation given under
regulations 7, 8, 9, 10 and 13.
(2) The right to appeal shall be competent to any person
aggrieved by the decision or authorisation.
(3) An appeal to the Board may be filed on any of the following
grounds:
( a ) that a material error as to the facts has been made;
( b ) that there was a material procedural error;
( c ) that an error of law has been made;
( d ) that there was some material illegality, including
unreasonableness or lack of proportionality.
(4) The Board shall give reasons for its decision and shall
cause such decisions to be made public omitting, if it deems it
appropriate for reasons of commercial or security confidentiality,
the names of the persons involved and any other information. 
(5)  In determining an appeal under this regulation the Board
may -
( a ) dismiss the appeal; or
( b ) annul the decision or authorisation,
and where the Board annuls the decision or authorisation it may
refer the matter to the managing body of the airport or the Director,
as the case may be, with a direction to reconsider it and reach a
decision or authorisation consistent with the findings of the Board. 
(6) The effect of a decision or authorisation to which an appeal
relates shall not, except where the Board or the Court of Appeal, as
the case may be, so orders, be suspended in consequence of the
bringing of the appeal. 
Powers and 
procedure of the 
Board.
18. (1) The Board shall be competent to hear and decide any
appeal made to it in accordance with the provisions of these
regulations and, subject to regulation 19, the decisions of the Board
shall be final and binding.
(2) For the exercise of its functions, the Board may summon
any person to appear before it and give evidence and produce
documents; and the chairperson shall have the power to administer
the oath. The Board may also appoint experts to advise the Board
on any technical issue that may be relevant to its decision.
(3) For the purposes aforesaid the Board shall have the same
AIRPORT (GROUNDHANDLING SERVICES) [ L.S.232.15 9
powers as are competent to the First Hall, Civil Court, according to
law.
(4)  The Board shall regulate its own procedure. 
Appeal to the 
Court of Appeal.
Cap. 12.
19. (1) Any party to an appeal to the Board who feels
aggrieved by a decision of the Board may, on a question of law,
appeal to the Court of Appeal (Inferior Jurisdiction) as constituted
in accordance with article 41(6) of the Code of Organization and
Civil Procedure by means of an application filed in the registry of
that Court within thirty days from the date on which that decision
has been notified to him.
(2) The fees contained in Schedule A to the Code of
Organisation and Civil Procedure shall apply to the filing of
judicial acts in connection with appeals under this regulation.
(3) The Board established under article 29 of the Code of
Organization and Civil Procedure may make Rules of Court
governing appeals to the Court of Appeal under this regulation.
Penalties.
3(2) and regulation 11(2) shall be liable, on conviction, to a fine
( multa ) not exceeding one thousand liri.
(2) A person who commits an offence under regulation 11(3)
and regulation 13(3) shall be liable, on conviction, to a fine ( multa )
not exceeding one thousand liri or to imprisonment for a term not
exceeding six months or both such fine and imprisonment. 
SCHEDULE
(Regulation 2)
LIST OF GROUNDHANDLING SERVICES
1. Ground administration and supervision comprise:
1.1 representation and liaison services with local authorities or
any other entity, disbursements on behalf of the airport
user and provision of office space for its representatives;
1.2 load control, messaging and telecommunications;
1.3 handling, storage and administration of unit load devices;
1.4 any other supervision services before, during or after the
flight and any other administrative service requested by the
airport user.
2. Passenger handling comprises any kind of assistance to
arriving, departing, transfer or transit passengers,
including checking tickets and travel documents,
registering baggage and carrying it to the sorting area.
3. Baggage handling comprises handling baggage in the
sorting area, sorting it, preparing it for departure, loading it
on to and unloading it from the devices designed to move it
from the aircraft to the sorting area and vice versa, as well
10 L.S.232.15 ] AIRPORT (GROUNDHANDLING SERVICES)
as transporting baggage from the sorting area to the
reclaim area.
4. Freight and mail handling comprises:
4.1 for freight: physical handling of export, transfer and import
freight, handling of related documents, customs procedures
and implementation of any security procedure agreed
between the parties or required by the circumstances;
4.2 for mail: physical handling of incoming and outgoing mail,
handling of related documents and implementation of any
security procedure agreed between the parties or required
by the circumstances.
5. Ramp handling comprises:
5.1 marshalling the aircraft on the ground at arrival and
departure, unless provided by the air traffic service;
5.2 assistance to aircraft parking and provision of suitable
devices, unless provided by the air traffic service;
5.3 communication between the aircraft and the air-side
supplier of services, unless provided by the air traffic
service;
5.4 the loading and unloading of the aircraft, including the
provision and operation of suitable means, as well as the
transport of crew and passengers between the aircraft and
terminal, and baggage transport between the aircraft and
the terminal;
5.5 the provision and operation of appropriate units for engine
starting;
5.6 the moving of the aircraft at arrival and departure, as well
as the provision and operation of suitable devices;
5.7 the transport, loading on to and unloading from the aircraft
of food and beverages.
6. Aircraft services comprise:
6.1 the external and internal cleaning of the aircraft, and the
toilet and water services;
6.2 the cooling and heating of the cabin, the removal of snow
and ice, the de-icing of the aircraft;
6.3 the re-arrangement of the cabin with suitable cabin
equipment, the storage of this equipment.
7. Fuel and oil handling comprises:
7.1 the organisation and execution of fuelling and defuelling
operations, including the storage of fuel and the control of
the quality and quantity of fuel deliveries;
7.2 the replenishing of oil and other fluids.
8. Aircraft maintenance comprises:
8.1 routine services performed before flight;
8.2 non-routine services requested by the airport user;
AIRPORT (GROUNDHANDLING SERVICES) [ L.S.232.15 11
8.3 the provision and administration of spare parts and suitable
equipment;
8.4 the request for or reservation of a suitable parking and/or
hangar space.
9. Flight operations and crew administration comprise:
9.1 preparation of the flight at the departure airport or at any
other point;
9.2 in-flight assistance, including re-dispatching if needed;
9.3 post-flight activities;
9.4 crew administration.
10. Surface transport comprises:
10.1 the organisation and execution of crew, passenger,
baggage, freight and mail transport between different
terminals of the same airport, but excluding the same
transport between the aircraft and any other point within
the perimeter of the same airport;
10.2 any special transport requested by the airport user.
11. Catering services comprise:
11.1 liaison with suppliers and administrative management;
11.2 storage of food and beverages and of the equipment needed
for their preparation;
11.3 cleaning of this equipment;
11.4 preparation and delivery of equipment as well as of bar and
food supplies.
