New civil aviation laws pave way for Gib aircraft register

Gibraltar will be establishing its own aircraft register after a new Civil Aviation Act was recently passed in Parliament.

The Deputy Chief Minister, Dr Joseph Garcia, told Parliament the establishment of an aircraft register will provide opportunities for new business development and employment.

Dr Garcia added that the register will also provide a “platform for an aggressive marketing campaign throughout the aviation world”.

Aircraft registries currently exist in small states like Aruba, San Marino and the Cayman Islands.

“Crown dependencies, too, like Guernsey have proved that their aircraft registries have the potential to generate economic activity and economic growth,” Dr Garcia said.

The new law updates and replaces the 2009 Civil Aviation Act and the Office of the Director of Civil Aviation.

At the same time a second act was passed, namely Civil Aviation Authority Act, which will provide a framework for a Gibraltar Civil Aviation Authority.

The current office of Director of Civil Aviation will be replaced by a Gibraltar Civil Aviation Authority which will meet the demands of establishing an aircraft registry.

The Gibraltar Civil Aviation Authority will consist of a director general appointed by the minister and no less than three suitably qualified staff in the field of civil aviation, appointed by the director general and a legal officer.

The Authority will be required to maintain records, registers and to establish and maintain programs required by the International Civil Aviation Organization, the UN body that coordinates the global frameworks for air transport.

Dr Garcia explained that there is a need to provide this legislative framework and a competent authority that better meets Gibraltar’s international obligations.

“In 2022, the government entered into an agreement with an experienced aviation industry operator to develop, operate, market and manage the Gibraltar air registry,” he said.

“That agreement followed a tender process.”

The new Act will continue to regulate the aviation industry, to oversee the proposed addition of aircraft services related to the registry and to ensure Gibraltar's compliance with the Chicago Convention and other international obligations.

GSD MP Damon Bossino asked Dr Garcia whether the legislation was linked to any “Brexit treaty issues”.

But Dr Garcia replied: “This is unconnected to any treaty that Gib may be negotiating at the moment.”

Mr Bossino said too that the Opposition was “slightly disappointed” not to have been able to meet with the Government to discuss the Bill prior it being tabled in Parliament.

But, he added, the Opposition was mindful to support the legislation.

Mr Bossino also asked whether the Authority would be self-financing and whether there would be any cost to the taxpayer.

He added there was “cause for concern” whether the Authority could do “whatever it likes with its money”.

Dr Garcia replied that a briefing ahead of the legislation being debated had not but possible and that the Authority would be funded by the taxpayer at first.

“The intention is that the authority would be self-financing and self-funding after a certain period of time,” he said.