248 tal-2004 - Ordni tal-2004 dwar l-Unjoni Ewropea (Fehim ta’ Liġijiet)

L.N. 248 of 2004

EUROPEAN UNION ACT, 2003

(ACT NO. V OF 2003)

European Union (Construction and Amendment of Laws)

Order, 2004.

IN virtue of the powers vested in him by article 3 of the

European Union Act, 2003, the Prime Minister has made the

following Order>-

(1) This Order may be cited as the European Union Citation and

commencement.

(Construction of Laws) Order, 2004.

(2)

This Order shall come into force on the 1st May, 2004.

Where in accordance with the Treaty certain rights accorded Interpretation of

to citizens or persons established in a Member State of the European laws.

Union are also to be accorded to citizens or persons established in a

State party to the agreement establishing the European Economic

Area or to citizens of or persons established in Switzerland, then to

the extent that such rights are to be so accorded, the terms Member

State, citizen of a Member State or person established in a Member

State, in any law, shall be construed as being a reference also to a

State party to the agreement establishing the European Economic

Area and to Switzerland, to a citizen of such State party and to

Switzerland and to a person established in such State party or in

Switzerland.

The Code of Organization and Civil Procedure shall be Amendment of the

Code of

amended as follows>

Organization

and Civil

Procedure,

(a) for article 78A therein there shall be substituted the

following>

“78A. For the purpose of this Title and Title VIII of

Book First of this Code, the expressions “Member State”

“citizen of a Member State” “Competent Authority” and

“the Treaty” have the same meaning assigned to them in

the Mutual Recognition of Qualifications Act, 2002.”<

(b) in articles 81, 84 and 87 thereof, for the words

“Agreement State” wherever they appear there shall be

substituted the words “Member State”.

The Immigration Act shall be amended as follows>

(a)

in article 2 thereof>

(i)

the definition “Agreement” shall be deleted<

(ii) for the definition “Border Agreement” there shall

be substituted the following>

“ “Border Agreement” means an agreement to

which Malta is a party or any rule in or under the

Treaty providing for common border controls and free

entry and exit of persons lawfully with the territory,

into and from each of the territories of the Member

States or States parties to the agreement, and Border

Agreement State and citizen of a Border Agreement

State shall be construed as such<”<

(iii) after the definition “carrier” there shall be

inserted the following definition>

“ “citizen of a Member State” means a citizen of

a state party to the Treaty<”<

(iv) immediately after the definition “to embark”

there shall be inserted the following definition>

“ “European Union” has the meaning assigned

to it in the European Union Act, 2003<”<

(v) immediately after the definition “residence

permit” there shall be inserted the following definition>

“ “The Treaty” has the same meaning assigned

to it in the European Union Act, 2003<”<

(b)

article 4A shall be amended as follows>

(i) in subarticle (1) thereof, for the words “any

Agreement or Border Agreement” there shall be substituted

the words “The Treaty or any Border Agreement”< and

(ii) in paragraph (a) of subarticle (1) thereof, for the

words “citizens of Agreement States” there shall be

substituted the words “citizens of a Member State”.

The Periti Act shall be amended as follows>

Amendment of the

Periti

Act, Cap. 390.

(a)

in article (2) thereof>

(i) the definitions “Agreement”, “Agreement State”

and “Citizen of an Agreement State” shall be deleted< and

(ii) immediately after the definition “kamra” there

shall be inserted the following new definitions>

“ “Member State” and “citizen of a Member

State” shall have the same meaning assigned to them

in the Mutual Recognition of Qualifications Act,

2002<”<

(b) for the words “Agreement State” wherever they

appear therein there shall be substituted the words “Member

Article 2 of The Mutual Recognition of Qualifications Act, Amendment of the

Mutual

shall be amended as follows>

Recognition of

Qualifications Act,

(a)

the definition “Agreement” therein shall be deleted<

(b) in the definition “competent authority” for the words

“Agreement State” there shall be substituted the words “Member

(c) immediately after the definition “designated

authority” there shall be inserted the following definition>

“ “European Union” has the same meaning assigned

to it in the Treaty<

“Member State” means a state member of the

European Union<”< and

(d) in the definition “professional experience” for the

words “Agreement State” there shall be substituted the words

“Member State”< and

(e) immediately after the definition “regulation

profession” there shall be added the following definition>

“ “The Treaty” has the same meaning assigned to it

in the European Union Act, 2003.”.

In the Mutual Recognition of Professional Education and

Legal Notices 271,

Training Regulation, 2002, the Mutual Recognition of Professional

Activities Regulations, 2002, the Mutual Qualifications of Legal

Profession Regulations, 2002, and the Mutual Recognition of

Qualifications of Periti Regulations, 2002, for the words “Agreement

State” wherever they appear there shall be substituted the words

“Member State”.

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