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The European Union Act, 2003 (Bill No. 4)

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. (1) The short title of this Act is the European Union Act
2003.
(2) The provisions of this Act, other than the provisions of this article and of articles 2,3,6 and 8 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.
2. (1) In this Act unless the context otherwise requires>
“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<

Short title and commencement.

Interpretation.

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General provisions.

“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, 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 where a treaty amends or substitutes the treaty on European Union or any subsequent amendments thereto, that treaty must be ratified by Act of Parliament>
Provided further that where such treaty has been so ratified after authorisation by Act of Parliament, the Prime Minister may by order extend the powers of this article thereto.
(3) For the purposes of this article “Treaty” and “treaty” include any protocol or annex thereto< a “treaty” includes any international agreement.
3. (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.
4. (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 order, 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 -
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General implementation of Treaty.

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Decision on, and proof

of, Treaties and instruments arising therefrom, etc.

(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.
5. (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 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.
6. For the purposes of the ratification of Treaties Act the
Government of Malta is hereby authorised to ratify the Treaty.
7. 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.”.
8. (1) The Prime Minister may without prejudice to any other power under this or any other law by order made at any time within twelve months after the first day of May, 2004, make such amendments to any existing law as may appear to him to be necessary or expedient for bringing that law into conformity with the provisions of this Act or otherwise for giving effect or enabling effect to be given to those provisions< and any such order shall have effect from such date, not earlier than the first day of May 2004, as may be specified therein.
(2) In exercise of his functions under subarticle (1) the Prime
Minister shall have power>-
(a) to make such alteration, addition, adaptation or deletion in any law so as to remove any incompatibility therein with Malta’s
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Ratification of

Treaty. Cap 304.

Amendment of

Article 65

of the Constitution.

Transitory provision.

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obligations under the Treaty or with the rights given to any person under the Treaty, and may moreover establish procedures or remove any restriction in force in virtue of any law so as to enable, ensure, enhance and remove any obstacle to, the fulfilment of such obligations and the enjoyment of those rights<
(b) to correct any grammatical, typographical and similar mistakes in any existing copies of laws and also for such purpose and for the purposes of the foregoing provisions of this article to make verbal additions, omissions or alterations not effecting the meaning of such laws beyond what is necessary for the said purposes.
(3) The powers conferred by this article shall not include the power –
(a) to impose any tax<
(b) to create any new criminal offence or to raise any penalty in respect of any existing criminal offence.
Objects and Reasons
The object of the Bill is to make provision implementing Malta’s decision to become a member of the European Union on the 1st day of May 2004.