ACT No. V of 2003 AN ACT to provide for Malta’s accession to the European Union and to make provision consequent and ancillary thereto.

I assent.

G UIDO D E M ARCO

(L.S.)

President

16th July, 2003

ACT No. V of 2003

AN ACT to provide for Malta’s accession to the European Union and

to make provision consequent and ancillary thereto.

BE IT ENACTED by the President, by and with the advice and

consent of the House of Representatives, in this present Parliament

assembled, and by the authority of the same, as follows>-

(1) The short title of this Act is the European Union Act Short title

and

2003. commencement.

(2) The provisions of this Act, other than the provisions of

this article and of articles 2, 3 and 6 shall come into force on the 1st day

of May, 2004>

Provided that before the 1st day of May 2004 provision may be

made under subarticles (2), (3) and (4) of article 4 for the purposes

therein indicated, provided that provision so made shall not come into

force before the 1st May 2004.

(1) In this Act unless the context otherwise requires>

Interpretation.

“the Communities” means the European Community, and the

European Atomic Energy Community<

“the European Union” means the European Union as referred

to in the Treaty<

“the Treaty” means the Treaty between the Kingdom of

Belgium, the Kingdom of Denmark, the Federal Republic of

Germany, the Hellenic Republic, the Kingdom of Spain, the French

Republic, Ireland, the Italian Republic, the Grand Duchy of

Luxembourg, the Kingdom of the Netherlands, the Republic of

Austria, the Portuguese Republic, the Republic of Finland, the

Kingdom of Sweden, the United Kingdom of Great Britain and

Northern Ireland (Member States of the European Union) and the

Czech Republic, the Republic of Estonia, the Republic of Cyprus,

the Republic of Latvia, the Republic of Lithuania, the Republic of

Hungary, the Republic of Malta, the Republic of Poland, the

Republic of Slovenia and the Slovak Republic, concerning the

accession of the Czech Republic, the Republic of Estonia, the

Republic of Cyprus, the Republic of Latvia, the Republic of

Lithuania, the Republic of Hungary, the Republic of Malta, the

Republic of Poland, the Republic of Slovenia and the Slovak

Republic to the European Union, signed in Athens on the 16th day

of April, 2003, of which an electronic copy of the Maltese and

English texts was laid on the Table of the House on the 23 rd day of

June, 2003, (and which shall be published in electronic format in

the Maltese and English text as a Government publication) and

includes any other treaty, agreement or protocol to which Malta

became a party or which became applicable to Malta in virtue

thereof.

(2) If the Prime Minister by order declares that a treaty

specified in the order being a treaty entered into by Malta after the 16th

April, 2003 is to be regarded as one with the Treaty as herein defined,

the order shall be conclusive that it is to be so regarded>

Provided that no such order shall be made until a draft thereof has

been approved by resolution of the House>

Provided further that a resolution for the approval of any such

draft shall be submitted for examination by the Standing Committee on

Foreign Affairs (or any such Standing Committee from time to time

substituting the same) which shall meet on such motion within fifteen

days of the tabling of the said motion within which term a report shall

be made to the House on such motion and the debate thereon in the

Committee by the chairman and the House shall, upon the presentation

of the report of the Standing Committee proceed immediately to vote

on the motioin without debate.

(3) For the purposes of this article “Treaty” and “treaty”

include any protocol or annex thereto< a “treaty” includes any

international agreement.

(1) From the First day of May 2004, the Treaty and existing General provisions.

and future acts adopted by the European Union shall be binding on

Malta and shall be part of the domestic law thereof under the conditions

laid down in the Treaty.

(2) Any provision of any law which from the said date is

incompatible with Malta’s obligations under the Treaty or which

derogates from any right given to any person by or under the Treaty

shall to the extent that such law is incompatible with such obligations

or to the extent that it derogates from such rights be without effect and

unenforceable.

(1) All such rights, powers, liabilities, obligations and General

implementation

restrictions from time to time created or arising by or under the Treaty, of Treaty.

and all such remedies and procedures from time to time provided for by

or under the Treaty, that in accordance with the Treaty are without further

enactment to be given legal effect or used in Malta, shall be recognised

and available in Law, and be enforced, allowed and followed

accordingly.

(2) To give effect to the provisions of article 3 above and

subject to the provisions of subarticle (4) hereof, the Prime Minister or,

and, any designated Minister or Authority may by order, (to which order

the provisions of article 11 of the Interpretation Act shall apply) make

provision>-

(a) for the purpose of implementing any obligation of Malta,

or enabling any such obligations to be implemented, or of enabling

any rights enjoyed or to be enjoyed by Malta under or by virtue of

the Treaty to be exercised< or

(b) for the purpose of dealing with matters arising out of or

related to any such obligation or rights or the coming into force, or

the operation from time to time, of subarticle (1) above<

and in the exercise of any power or duty under any law, including any

power to give directions or to legislate by means of orders, rules,

regulations or other subordinate instrument, the person entrusted with

the power or duty may have regard to the objects of the European

Union and of the Communities and to any such obligation or rights as

aforesaid.

In this subarticle “designated Minister or Authority” means such

Minister or government authority as may from time to time be designated

by order of the Prime Minister in relation to any matter or for any

purpose, but subject to such restrictions or conditions (if any) as may

be specified in the order.

(3) The provision that may be made under subarticle (2)

includes, subject to subarticle (4), any such provision (of any such extent)

as might be made by Act of Parliament.

(4) The powers conferred by this article to make provisions

for the purposes mentioned in subarticle (2) shall not include power -

(a) to make any provision taking effect from a date earlier

than that of the making of the instrument containing the provision<

or

(b) to create any new criminal offence punishable with

imprisonment for more than two years or with a fine of more than

ten thousand liri (if not calculated on a daily basis) or with a fine

of more than one hundred liri a day.

(5) There shall be charged on and issued out of the

Consolidated Fund or, if so determined by the Minister responsible for

Finance, such fund as so determined, the amounts required to meet any

obligation to make payments arising out of or under the Treaty and,

except as otherwise provided by or under any enactment, any sums

received under or by virtue of the Treaty or this Act by any Minister or

Authority, save for such sums as may be required for disbursements

permitted by any other enactment, shall be paid into the Consolidated

Fund or such fund as may be determined by the Minister responsible

for Finance.

(1) For the purposes of any proceedings before any court or Decision on, and

proof

other adjudicating authority, any question as to the meaning or effect of of, Treaties and

the Treaty, or as to the validity, meaning or effect of any instruments instruments

arising therefrom,

arising therefrom or thereunder, shall be treated as a question of law etc.

and if not referred to the Court of Justice of the European Communities,

be for determination as such in accordance with the principles laid down

by, and any relevant decision of, the Court of Justice of the European

Communities or any court attached thereto.

(2) Judicial notice shall be taken of the Treaty, of the Official

Journal of the European Union and of any decision of, or expression of

opinion by, the Court of Justice of the European Communities or any

court attached thereto on any such question as aforesaid, and the Official

Journal shall be admissible as evidence of any instrument or any other

act thereby communicated of any of the Communities or of any

institution of the European Union.

(3) Evidence of any instrument issued by an institution of

the European Union, including any judgement or order of the Court of

Justice of the European Union or any court attached thereto, or of any

document in the custody of an institution of the European Union , or

any entry in or extract from such a document, may be given in any legal

proceedings by production of a copy certified as a true copy by an official

of that institution< and any document purporting to be such a copy shall

be received in evidence without proof of the official position or

handwriting of the person signing the certificate.

(4) Evidence of any instrument issued by an institution or

organ of the European Union may also be given in any proceeding before

a court or other adjudicating authority -

(a) by the production of a copy purporting to be printed by

or on behalf of the Government Printing Press<

(b) where the instrument is in the custody of a Government

department by production of a copy certified on behalf of the

department to be a true copy by an officer of the department

generally or specially authorised so to do<

and any document purporting to be such a copy as is mentioned in

paragraph (b) of an instrument in the custody of a department shall be

received in evidence without proof of the official position or handwriting

of the person signing the certificate, or of his authority to do so, or of

the documents being in the custody of the department.

For the purposes of the ratification of Treaties Act the

Government of Malta is hereby authorised to ratify the Treaty.

For subarticle (1) of article 65 of the Constitution, there shall

be substituted the following>

“(1) Subject to the provisions of this Constitution,

Parliament may make laws for the peace, order and good

government of Malta in conformity with full respect for human

rights, generally accepted principles of international law and

Malta’s international and regional obligations in particular those

assumed by the treaty of accession to the European Union signed

in Athens on the 16th April, 2003.”.

Passed by the House of Representatives at Sitting No. 24 of the 14 th July,

2003. A NTON T ABONE

Speaker

R ICHARD J. C AUCHI

Clerk of the House of Representatives

Mitbug[ fl-Istamperija tal-Gvern – Printed at the Government Printing Press