MALTA-LIBYA TREATY OF FRIENDSHIP AND CO-OPERATION (RATIFICATION) ACT

[CAP.311. 1

MALTA - LIBYA TREATY OF FRIENDSHIP AND CO-OPERATION ( R AT I F I C AT I O N )

CHAPTER 311

MALTA-LIBYA TREATY OF FRIENDSHIP AND

CO-OPERATION (RATIFICATION) ACT

To ratify the Treaty of Friendship and Co-operation between Malta and

Libya.

(7th December, 1984) *

Enacted by ACT XXII of 1984 , as amended by Act XXIII of 1990 .

This Act may be cited as the Malta-Libya Treaty of

Friendship and Co-operation (Ratification) Act.

XXIII. 1990.3.

[S ECTION 2]

TREATY

OF FRIENDSHIP AND CO-OPERATION

BETWEEN

THE GOVERNMENT OF THE REPUBLIC OF MALTA

AND THE SOCIALIST PEOPLE’S LIBYAN ARAB JAMAHIRIYA

The Government of the Republic of Malta,

and

The Socialist People’s Libyan Arab Jamahiriya

1. On the basis of their desire to preserve the bonds of friendship and the

strategical relationship which exists between them, and their willingness for the

consolidation and development of the relation of co-operation on the basis of mutual

benefit and welfare of the Maltese people and the Libyan Arab people,

2. Desirous of turning the Mediterranean into a lake of peace and of co-operating

to achieve this end,

The Treaty of Friendship and Co-operation between the

Government of the Republic of Malta and the Socialist People’s

Libyan Arab Jamahiriya, signed on the 19th November, 1984 and

the Protocol on co-operation in security signed on the same day,

both documents contained in the First Schedule to this Act, and the

Agreement between the Government of the Republic of Malta and

the Socialist People’s Arab Jamahiriya concerning Amendments

relative to the same treaty and signed on the 19th February, 1990,

which Agreement is contained in the Second Schedule to this Act,

being international agreements which concern the status of Malta

under international law, the support of such status and the security

of Malta, its sovereignty and territorial integrity, are hereby ratified

for all intents and purposes of the Ratification of Treaties Act, and

the exchange of the instruments of ratification between the

R e p u b l i c o f M a l t a a n d t h e S o c i a l i s t P e o p l e ’s L i b y a n A r a b

Jamahiriya is therefore hereby authorised.

*See Government Notice No. 985 of the 7th December, 1984.

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Amended by

XXIII. 1990.3.

[S ECTION 2]

AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF

MALTA AND THE SOCIALIST PEOPLE’S LIBYAN ARAB JAMAHIRIYA CONCERNING

AMENDMENTS TO THE TREATY OF FRIENDSHIP AND

CO-OPERATION SIGNED BETWEEN THE TWO COUNTRIES ON 25 SAFAR

1394 D.P. CORRESPONDING TO 19 NOVEMBER 1984.

The Government of the Republic of Malta, having expressed its desire to amend

some articles of the Treaty of Friendship and Co-operation between Malta and Libya

signed in Valletta on 25 Safar 1394 D.P., corresponding to 19 November 1984,

and the Great Socialist People’s Libyan Arab Jamahiriya having responded to this

desire,

and both sides, having reviewed the provision of this Treaty,

and in the implementation of the tenth article of the said Treaty,

have agreed as follows

Article (1)

The text of the preamble of the treaty is to be amended to read as follows

"The Government of Malta and the Great Socialist People’s Libyan Arab

Jamahiriya,

in confirmation of the strong bonds which exist between the two countries and

desirous to foster and develop co-operation in various fields on the basis of their

mutual interest with the aim of promoting the welfare of their friendly peoples;

conscious of the fact that development and co-operation can best flourish in an

atmosphere of peace and security, and that both countries can play a positive role in

this respect, on the basis of the United Nations Charter and the principles of non-

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MALTA - LIBYA TREATY OF FRIENDSHIP AND CO-OPERATION ( R AT I F I C AT I O N )

alignment;

and to underline their policies which are built on neutrality, rejection of foreign

military bases on their territory, as well as membership in military alliances, and in

confirmation of their mutual concern for the security and peace in the world in

general and the Mediterranean in particular;

have agreed as follows:".

Article (2)

The text of the second and third articles of the Treaty are to be amended and

joined in one article to be referred to as article "2" and reads as follows

"The two countries pledge not to allow the establishment of foreign military bases

on their territories and not to allow these territories to be used militarily against the

security and territorial integrity of the other party.".

Article (3)

The fourth and fifth articles of the Treaty are to be joined in one text to be referred

to as article "3" and to read as follows

"The two sides will support and strengthen the co-operation between their two

countries in various fields especially in the Economic, Commercial, Information,

Social and Cultural fields and in this framework, they decided on the following

A. To develop co-operation in the fields of joint ventures, balanced trade

exchanges, and employment;

B. To develop co-operation in information and culture with the aim of

strengthening the bonds between the peoples of the two countries;

C. All agreements which were or will be concluded between the two countries are

to be regarded as part of this Treaty. A list of existing Agreements appears in an

annex to this text.".

Article (4)

The sixth article of the Treaty is to be amended and placed as article "4" and reads

as follows

"The two sides will hold consultations on international political and economic

issues which affect the interests of either of them, so as to guarantee their mutual

benefit and realise the aim of this Treaty.".

Article (5)

The ninth article of the Treaty is to be amended and placed as article "7" to read as

follows

"Any differences which may arise about the interpretation of the provisions of this

Treaty are to be settled amicably.".

Article (6)

While article "1" of the Treaty retains its position, articles 7, 8, 10, 11 are to be

arranged in accordance with the amendments agreed upon to become respectively

5,6,8,9.

6 CAP. 311.] MALTA - LIBYA TREATY OF FRIENDSHIP AND CO-OPERATION ( R AT I F I C AT I O N )

Article (7)

This Agreement is subject to ratification in accordance with the legal procedures

that are applicable in each of the two countries, and will enter into effect on the date

of the exchange of instruments of ratification * and will become immediately an

integral part of the Treaty of Friendship and Co-operation.

Done in Valletta on 19th February 1990 corresponding to 24 Rajab 1399 D.P. in

two originals, in the English and Arabic languages, both texts being equally

authentic.

For the Government of

For the Great Socialist

The Republic of Malta

People’s Libyan Arab Jamahiriya

Dr Edward Fenech Adami

Eng Jadallah Azzuz Al-Talhi

Prime Minister and Minister

Secretary of the People’s Committee

of Foreign Affairs of Malta

of the People’s Bureau for Foreign

Liaison and International Co-operation

ANNEX

Economic, scientific and technical co-operation agreement signed in Valletta on

31st May 1968.

Trade agreement signed in Valletta on 31st May 1968.

Loan agreement signed in Tripoli, August 1971.

Entry and exit visas agreement signed in Valletta on the 9th July 1972.

Cultural Agreement signed in Tripoli on the 5th October 1972.

Agreement on the Participation of Maltese contracting Companies in the execution

of housing projects in Libya signed in Tripoli on the 5th October 1972.

Agreement for the avoidance of double taxation with respect to taxes on income

signed in Tripoli on 5th October 1972.

Agreement for the encouragement of the movement of Capital for Investment

signed in Valletta on the 8th February 1973.

Agreement to supply Malta with refined/crude oil signed in Tripoli on 28 April

1975. Agreement for the establishment of a Holding Company signed in Tripoli on the

19th May 1975.

Agreement on broadcasting signed in Valletta on 20 June 1975.

Loan agreement signed in Valletta on 29 July 1975.

Special Agreement for the submission to the International Court of Justice of

Difference signed in Valletta on the 23rd May 1976.

Manpower Agreement signed in Tripoli on the 27th May 1978.

Agreement for the establishment of a Maltese/Libyan fishing company signed in

Tripoli on the 17th July 1978.

Co-operation Agreement signed in Valletta on the 10th August 1984 and its

*The instruments of ratification were exchanged on the 29th January, 1991.

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MALTA - LIBYA TREATY OF FRIENDSHIP AND CO-OPERATION ( R AT I F I C AT I O N )

amendments of 24th September 1985 and 30th March 1988.

Co-operation Agreement between Telemalta Corporation and the Libyan

Jamahiriya Broadcasting signed in Valletta on the 19th August 1984.

Trade Agreement signed in Tripoli on the 19th December 1984.

Agreement for regulating scheduled air services between and beyond their

respective territories signed in Tripoli on the 15th January 1985.

Agreement on Co-operation signed in Valletta on the 5th November 1985.

Agreement implementing Article III of the Special Agreement and the Judgement

of the ICJ signed in Valletta on the 10th November 1986.

Agreement on Social Security signed in Valletta on the 6th May 1988.

Agreement on the setting up of a joint venture company to operate and run

supermarkets at the Socialist People’s Libyan Arab Jamahiriya signed in Valletta on

the 28th October 1988.

Taking into consideration the decision of the People of the Republic of Malta to

shed forever the harmful and humiliating role of a foreign military base and to

become instead a bridge of friendship between Europe and North Africa,

Resolve by this Treaty to strengthen mutual security, friendship and co-

operation between the two countries, in conformity with the principles of non-

alignment and the Charter of the United Nations and therefore agree as follows

Article 1

The Socialist People’s Libyan Arab Jamahiriya and the Republic of Malta

undertake not to participate in any Military Alliance which may affect the security

interests of the other side.

Article 2

Malta undertakes not to allow foreign military bases to be established on its

territory and undertakes not to allow its territory to be used militarily against the

security, territorial integrity of the Socialist People’s Libyan Arab Jamahiriya.

Article 3

The Socialist People’s Libyan Arab Jamahiriya undertakes to respect and support

Malta’s neutrality and will assist Malta whenever the Government of the Republic of

Malta explicitly requests so in cases of threats or acts of aggression against Malta’s

territorial integrity and sovereignty.

Article 4

In view of the importance of Malta’s economic viability it is agreed that economic

co-operation will be promoted in the fields of joint ventures, balanced commercial

exchanges, and the utilisation of Maltese labour. For this purpose, agreements in the

fields of defence, information and economy will form an integral part of this Treaty.

Article 5

The two sides will work towards the development of co-operation between them in

the information and cultural fields with the aim of achieving stronger bonds between

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MALTA - LIBYA TREATY OF FRIENDSHIP AND CO-OPERATION ( R AT I F I C AT I O N )

the two peoples.

Article 6

The two sides will hold consultations aiming at harmonising their viewpoints on

political, economic, security and international issues which affect their interests

whether directly or indirectly, and will endeavour to support one another’s

viewpoints whenever this mutual support is required.

Article 7

The two sides will do their utmost to coordinate their efforts in the preservation of

international peace and security, especially in the Mediterranean region, and

emphasise their faithful adherence to the principles and goals of the United Nations

and Non-Alignment.

Article 8

The two sides agree to set up a Mixed Commission which shall meet at Ministerial

level alternately in Valletta and Tripoli, at least once every six months, to review

progress in the above fields of co-operation and to plan and see to the

implementation of co-operation in new sectors.

Article 9

Any differences between the two sides which may arise from the interpretation of

these provisions will be settled in a brotherly manner.

Article 10

The duration of this "Treaty" shall be five years renewable automatically for

further five-year periods so long as none of the two sides express a desire in writing

to adjust it or abrogate it six months at least before its expiration date.

Article 11

This Treaty will come into force with immediate effect on the date of the exchange

of the instruments of ratification but not later than January 1985.

Done in Valletta on the nineteenth day of November One Thousand Nine Hundred

and Eighty Four corresponding to the 25 Safar 1394 in two originals in the English

and Arabic Languages both texts being equally authentic.

Colonel Muammar El Gaddafi

Dom Mintoff

Leader of the First of September

Prime Minister

Revolution

For the Republic of Malta

For the Socialist People’s Libyan Arab

Jamahiriya

PROTOCOL ON CO-OPERATION IN SECURITY

Having regard to Article 3 of the Treaty of Friendship and co-operation between

the Government of the Republic of Malta and the Socialist People’s Libyan Arab

Jamahiriya, signed in Malta on the 19th November, 1984, the two sides further agree

as follows

1. In order that each side may be fully informed on matters pertaining to this

agreement, the two sides agree that there should be a continuous exchange of

information on matters of special interest to the mutual security and defence

4 CAP. 311.] MALTA - LIBYA TREATY OF FRIENDSHIP AND CO-OPERATION ( R AT I F I C AT I O N )

purposes of the other side; and

2. In order to enable the Maltese Armed Forces to reach higher standards of

military preparedness to be able to withstand threats or acts of aggression against

Malta’s territorial integrity and sovereignty the Libyan side shall train Maltese

military personnel in Libya or in Malta as the two sides may agree from time to time

and in the numbers and modalities that may be agreed upon.

3. To meet the requirements of the Maltese Armed Forces which will be identified

from time to time by the different sections of the Maltese forces, the Libyan side

agreed to study supplying from their armouries and stores any military equipment

and armaments which the Maltese side may require for their own use.

Dr Alex Sciberras Trigona

Dr Ali Treiki

Minister of Foreign Affairs and Culture

Secretary of the People’s Bureau for

of the Republic of Malta

Foreign Liaison of the Socialist People’s

Libyan Arab Jamahiriya

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