acquis Order, 2007

L.N. 274 of 2007

EUROPEAN UNION ACT

(CAP. 460)

Transposition of certain provisions of the Schengen

acquis Order, 2007

IN exercise of the powers conferred by article 4 of the European

Union Act, the Prime Minister has made the following order>-

(1) The title of this order is the Transposition of certain Title and scope.

provisions of the Schengen acquis Order, 2007.

(2) The scope of this order is to transpose some of the

provisions of the Convention of the 19 th June, 1990 implementing the

Schengen Agreement of the 14 th June, 1985 between the Governments

of the States of the Benelux Economic Union, the Federal Republic of

Germany and the French Republic on the gradual abolition of checks at

their common borders and any acts building upon it.

Sub-article (1) of article 350 of the Criminal Code shall be Amends article 350

of the Criminal

amended as follows>

Code.

(a) in paragraph (c) of the definition “personal records”,

for the words ” for his supervision.” there shall be substituted the

words “for his supervision<” and

(b) immediately after the said definition there shall be

inserted the following new definition>

“Schengen Information System” shall have the same

meaning assigned to it by the Convention of the 19 th June,

1990 implementing the Schengen Agreement of the 14 th June,

1985.”.

Immediately after sub-article (2) of article 351 of the Criminal Amends article 351

of the Criminal

Code, there shall be added the following new sub-article>-

Code.

“(3) Pursuant to and for the purposes of the Convention of

the 19 th June, 1990 implementing the Schengen Agreement of the

14th June, 1985 an offence under this article shall be deemed to be

an offence even when committed outside Malta.”.

Article 355 of the Criminal Code shall be amended as follows> Amends article 355

of the Criminal

Code.

(a) in paragraph (e) thereof, for the words “traffic

regulation>” there shall be substituted the words “traffic regulation<

(b) immediately after paragraph (e) thereof, there shall be

added the following new paragraphs>-

“(f) the arrest, or ascertainment of whereabouts, of a

person in respect of whom an alert has been entered in the

Schengen Information System; or

(g) the discovery of any property in respect of which

an alert has been entered in the Schengen Information

System>”.

Article 355E of the Criminal Code shall be amended as

(a) in paragraph (e) of sub-article (1) thereof, for the words

“arrest or detention.” there shall be substituted the words “arrest

or detention< or”<

(b) immediately after paragraph (e) of sub-article (1) thereof,

there shall be added the following new paragraph>-

“(f) the entry is necessary for purposes of>

(i) executing the arrest, or ascertaining the

whereabouts, of a person in respect of whom an alert

has been entered in the Schengen Information System

and there is an imminent danger that the said person may

escape< or

(ii) discovering any property in respect of which

an alert has been entered in the Schengen Information

System and there is an imminent danger that the property

may be concealed, lost, damaged, altered or destroyed.”<

and

(c) immediately after sub-article (2) thereof, there shall be

added the following new sub-article>-

“(3) A warrant may also be issued by a Magistrate as

mentioned in sub-article (1) for the purpose of>

(a) effecting the arrest or ascertaining the whereabouts of a

person in respect of whom an alert has been entered in the Schengen

Information System< or

(b) discovering and seizing any property in respect of which

an alert has been entered in the Schengen Information System.”.

In article 355P of the Criminal Code, for the words “in relation Amends article

355P of the

to an offence and that it is necessary to seize it to prevent it being Criminal Code.

concealed, lost, damaged, altered or destroyed.””there shall be

substituted the words”“in relation to an offence or“it is the subject of

an alert in the Schengen Information System and that it is necessary to

seize it to prevent it being concealed, lost, damaged, altered or

destroyed.”.

Article 355X of the Criminal Code shall be amended as Amends article

355X of the

Criminal Code.

(a) immediately after sub-article (1) thereof there shall be

inserted the following new sub-article>

“(2) Any police officer may also proceed to the arrest of

any person in respect of whom an alert for his arrest has been

entered in the Schengen Information System.”; and

(b) sub-articles (2) to (4) thereof shall be renumbered as sub-

articles (3) to (5) respectively.

Immediately after article 355X of the Criminal Code there Adds

355XX to the

shall be inserted the following new article>

Criminal Code.

355XX. Any police officer may detain without warrant

any person who is indicated in an alert in the Schengen

Information System as a missing person or a person who, for

his own protection or in order to prevent threats, needs

Information

temporarily to be placed under police protection.”.

The Immigration Act shall be amended as follows>

Amends the

Immigration Act.

(a) immediately after the definition ”residence permit” in

article 2 thereof, there shall be added the following new definition>

““Schengen“acquis” means the Agreement between the

Governments of the States of the Benelux Economic Union,

the Federal Republic of Germany and the French Republic

on the gradual abolition of checks at their common borders

of the 14 June 1985 and the Convention of 19 June 1990

implementing the Schengen Agreement of 14 June 1985

between the Governments of the States of the Benelux

Economic Union, the Federal Republic of Germany and the

French Republic on the gradual abolition of checks at their

common borders, and includes all other acts building upon it

or otherwise related to it, as well as related agreements<”< and

(b) immediately after sub-paragraph (b) of paragraph

(2) of article 36 thereof, there shall be added the following new

sub-paragraph>

“(c) the abolition of checks at the borders and matters

related thereto, in line with the European Union Schengen

“acquis.”.

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