Transport Malta has denied reports suggesting that Libyan airlines have found a loophole in EU law that allows them to fly to Malta.

The Malta Independent today quoted a report that appeared in Africa Intelligence, which claimed that Air Libya had “revived the Malta-Benghazi link” by leasing an aircraft from a Georgian plane leasing company.

Currently, all Libyan airlines are banned from flying into EU airspace. The situation has remained pretty much the same after NATO had imposed a no-fly zone over the country as it imploded in 2011.

But according to the Africa Intelligence report, Air Libya is leasing a Boeing B737-500 from Aerovista, a company that came to prominence in 1999 when it sold a plane to the Taliban regime. According to the company website, Aerovista has an office in Malta.

The report said the move will benefit eastern army general Khalifa Haftar, “giving him an important political and diplomatic victory.”

According to the website at least one Malta to Benghazi flight has taken place over the past few days. MIA said it had no record of such a flight but said it keeps records on commercial flights, not private and diplomatic flights.

In the meantime Afriqiyah Airways is reportedly also planning to start regular chartered flights between Labraq (Tripoli) and Misrata airports to Malta. Like all other Libyan airlines, Afriqiyah is banned from flying into the EU, including Malta. But according to information available online, the company has also been going round the ban using the same loophole that is now being used by Air Libya, to fly to London. It seems that Afriqiyah has wet-leased an Airbus A320 from Air Moldova, which complies with the EU requirements.

Malta International Airport has said that Afriqiyah has not yet made a request to fly to Malta. The airline remains on the EU blacklist.

Just over a month ago, two Libyans hijacked an Afriqiyah flight and diverted the plane to Malta. All hostages and crew were released unharmed after an operation that lasted several hours. The fact that Afriqiyah’s announcement comes hot on the heels of the hijack has raised eyebrows in Malta.

The Civil Aviation Directorate within Transport Malta rebutted the “false reports” alleging that Libyan airlines will somehow manage to fly to Malta notwithstanding EU restrictions.

“At present, all Libyan carriers are banned from entering the EU on any commercial flights, irrespective whether these are scheduled or chartered.  Special dispensations are only given by Euro-Control and Member states for Libyan aircraft flown to and from maintenance facilities in Europe without any passengers on board.  Italy, Greece and Malta have additional restrictions on flights to and from Libya even when such flights are operated by non-Libyan carriers. In fact, any flight departing Libya is prohibited from entering the Italian or Greek airspace.

Thus, any news claiming that Afriqiyah Airlines will be operating to Malta is not correct. It should also be noted that the air service agreement signed between Malta and Libya does not give Afriqiyah any rights between Malta and Libya,” TM said.  

 

It also pointed out that Aerovista does not hold an EU license to operate within Europe and does not have any base or an AOC issued by Malta or any other member state. “Once again reports that an operator has found a ‘loop hole’ to operate to Malta are not correct.  Malta is a full member of EASA and the EU and follow the standards and regulations as applied in all other member states.”