EUROPEAN UNION ACT

EUROPEAN UNION

CHAPTER 460

EUROPEAN UNION ACT

To provide for Malta’s accession to the European Union and to make

provision consequent and ancillary thereto.

16th July, 2003;

1st May, 2004

ACT V of 2003 , as amended by Act III of 2006 ; Legal Notice 427 of

2007 ; and Act VII of 2012 .

The short title of this Act is the European Union Act.

(1)

In this Act, unless the context otherwise requires

"acts adopted by the European Union" include regulations,

directives, and other acts which Malta is bound to accede to as a

Member State of the European Union, treaties and international

conventions which Malta may accede to by virtue of its

membership within the European Union, and treaties and

international conventions which Malta is bound to ratify in its own

name or on behalf of the European Community by virtue of its

membership within the European Union;

"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 23rd day of June, 2003, (and which shall

be published in electronic format in the Maltese and English text as

a G o v e r n m e n t p u b l i c a t i o n ) a n d i n c l u d e s a n y o t h e r t r e a t y,

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

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

2003, or that a Decision of the European Council specified in the

order, being a decision that amends the Treaty, 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. Following the

presentation of such report the House shall proceed to debate and vote

on such motion.

(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 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

restrictions from time to time created or arising by or under the

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

o r d e r, ( t o w h i c h o r d e r t h e p r o v i s i o n s o f a r t i c l e 11 o f t h e

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,

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of subarticle (1);

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

Provided that with regard to treaties and international

conventions which Malta may accede to as Member State of the

European Union, and treaties and international conventions which

Malta is bound to ratify in its own name or on behalf of the

European Community by virtue of its membership within the

European Union, these shall come into force one month following

their being submitted in order to be discussed by the Standing

Committee on Foreign and European Affairs.

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 twenty-three thousand and two hundred and

ninety-three euro and seventy-three cents (23,293.73)

(if not calculated on a daily basis) or with a fine of

more than two hundred and thirty-two euro and ninety-

four cents (232.94) 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

Tr e a t y a n d , e x c e p t a s o t h e r w i s e p r o v i d e d b y o r u n d e r a n y

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 other adjudicating authority, any question as to the meaning or

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

instruments arising therefrom or thereunder, shall be treated as a

question of law and if not referred to the Court of Justice of the

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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.