MALTA Law and Practice Contributed by: Joseph Ghio, Fenech & Fenech Advocates
2.8 Aircraft Deregistration and Export 2.8.1 Deregistering Aircraft in This Jurisdiction Persons Who Can Deregister an Aircraft in Malta The registrant or any person in whose favour a record - ed IDERA or PoA has been issued by the registrant can deregister an aircraft registered in Malta. The Steps to Achieve Deregistration Where the registrant of the aircraft wishes to deregis - ter it, they must make a written request to the Director General to this effect. However, an aircraft for which there is a recorded IDERA may not be so deregistered on the request of the registrant unless that IDERA is the subject of a revocation in terms of Annex 4 to the Second Schedule of the Act or the holders there - of have consented to the deregistration. The same applies when the aircraft is the subject of an undis - charged mortgage or an international interest. It will not be so deregistered unless all holders of such mort - gages or international interests have also consented to the registration. In the event that deregistration is to be effected by a person other than the registrant, the following apply. • The registrant of the aircraft must first have issued an IDERA substantially in the form set out in Annex 1 to the Second Schedule to the Act or PoA in favour of that person, be it the owner or lessor of the aircraft or a mortgagee (the “Authorised Party”), and must submit such IDERA or PoA for recordation in the Register in accordance with the procedure outlined in 2.10.3 Application of Article XIII of the Protocol on Matters Specific to Aircraft Equipment . • The Authorised Party may appoint a certified designee (the “Certified Designee”) with respect to the IDERA by filing a designation with the Authority substantially in the form set out in Annex 2 to the Second Schedule to the Act or any delegate with respect to the PoA, as the case may be, whose details shall also be recorded in the Register. • A request must be submitted to the Authority substantially in the form set out in Annex 3 to the Second Schedule to the Act, identifying a recorded IDERA in the Register and signed by the Author - ised Party or Certified Designee or, if the Author - ised Party or Certified Designee is not a natural
person, by any person duly authorised to represent them including by means of a power of attorney. • If the request indicates that it was signed in Malta, it will be accepted by the Authority without addi - tional formalities. If it indicates that it was signed outside Malta, it will be accepted by the Authority if notarised locally to the satisfaction of the Director General, and the latter may in their discretion also ask that the document is duly apostilled or legal - ised, particularly if the document is signed outside the European Union. • The Authorised Party, or their delegate or Certified Designee must certify in accordance with the Act and submit supporting documents to the satis - faction of the Director General that all registered international interests ranking in priority to the Authorised Party have been discharged or that the holders of such interests have consented to the deregistration and export of the aircraft. Subject to applicable aviation safety laws and regula - tions (which do not include any requirement for the issuance of an export certificate of airworthiness or for any documents in the possession of, or any action by, the operator of the aircraft), the Authority will honour a request for deregistration and export of the aircraft submitted by effecting the deregistration of the aircraft and taking all action within its power to effect or facili - tate the exportation of the aircraft: (a) expeditiously and, in any case, no later than five working days following receipt of the request; (b) without the consent or approval of the regis - trant or any other person or entity, or the con - sent or approval of any court or administrative or other order or decision of any kind, or any need for the Authority to investigate external facts or impose additional requirements; and (c) regardless of whether the Authorised Party or their Certified Designee is in possession of the aircraft. 2.8.2 Lessee’s/Operator’s Consent An aircraft owner, mortgagee or lessor cannot apply for the deregistration of the aircraft without being in possession of a recorded IDERA or PoA issued in their regard by the registrant and without following
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