EUROPEAN COMMUNITIES (ESTABLISHMENT OF DELEGATION)   [ CAP. 344.        1
CHAPTER 344
EUROPEAN COMMUNITIES 
(ESTABLISHMENT OF DELEGATION) ACT
To make provision for the ratification of the Agreement between the
Government of Malta and the Commission of the European Communities
on the Establishment and the Privileges and Immunities of the Delegation
of the European Communities in Malta, and to make provisions
consequential thereto.
(2nd November, 1990) *
Enacted by ACT XXXII of 1990.
Short title.
(Establishment of Delegation) Act.
Interpretation.
otherwise requires:
"the European Communities" means the European Coal and Steel
Community, the European Economic Community and the European
Atomic Energy Community;
"Malta" has the same meaning as is assigned to it in section 124
of the Constitution; and
"territories of Malta" has the same meaning as is assigned to it in
subsection (2) of section 1 of the Constitution.
Ratification of 
Agreement.
3. The Government is hereby authorised to ratify the
Agreement between the Government of Malta and the Commission
of the European Communities entered into on the 28th June, 1990,
which Agreement is contained in the Schedule to this Act.
Agreement to be 
enforceable as law 
of Malta.
Cap. 191.
4. (1) Upon the coming into force of the Agreement between
the Government of Malta and the Commission of the European
Communities, that Agreement, as contained in the Schedule to this
Act, shall form part and be enforceable as part of the laws of Malta,
and without prejudice to the generality of the foregoing, the
Diplomatic Immunities and Privileges Act shall be construed and
interpreted accordingly.
(2) The Minister responsible for foreign affairs shall by notice
in the Gazette notify the date on which the provisions of the said
Agreement shall have come into force.
Cap. 191.
(3) Without prejudice to subsection (1) of this section the
provisions of sections 8, 9, 10, 11 and 12 of the Diplomatic
Immunities and Privileges Act shall apply to the immunities and
privileges granted under this Act as if such immunities and
privileges were granted under the said Diplomatic Immunities and
Privileges Act.
* See  Government Notice No. 690 of 2nd November, 1990.
  2  CAP. 344. ]   EUROPEAN COMMUNITIES (ESTABLISHMENT OF DELEGATION)
SCHEDULE 
[S E C T I O N S  3  A N D  4]
Agreement between the Government of Malta and the Commission of the 
European Communities on the Establishment and the Privileges and 
Immunities of the Delegation of the European Communities in Malta
The Government of Malta and the Commission of the European Communities,
desirous of further strengthening and developing the friendly relations and
cooperation between Malta and the European Communities, wishing to lay down
terms concerning the establishment on the territories of Malta of a Delegation of the
Commission and concerning the privileges and immunities of that Delegation, have
agreed as follows:
Article 1
The Government of Malta hereby agrees to the establishment on the territories of
Malta of a Delegation of the Commission.
Article 2
1. The European Communities - the European Coal and Steel Community, the
European Economic Community and the European Atomic Energy Community -
shall each have legal personality on the territories of Malta.
2. The Communities shall have the capacity to conclude contracts, to acquire and
dispose of immovable and movable property as necessary for the effective fulfilment
of their duties and to conduct legal proceedings and shall be represented for that
purpose by the Commission, which shall, however, be obliged to fulfil the
procedural and administrative requirements imposed by Maltese law in the execution
of the above faculties.
Article 3
1. The Delegation of the Commission, its head and its members, as well as the
members of their families forming part of their respective households, shall, on the
territories of Malta, enjoy such rights and privileges and immunities and be subject
to such obligations as correspond to those laid down in the Vienna Convention of 18
April 1961 on Diplomatic Relations and respectively accorded to and assumed by
Diplomatic Missions accredited to Malta, the heads and members of those Missions
as well as the members of their families forming part of their respective households. 
2. The other provisions of the Vienna Convention of 18 April 1961 on Diplomatic
Relations shall be applicable  mutatis mutandis .
3. Those rights and privileges and immunities shall be accorded on condition that,
in conformity with the provisions of article 17 of the Protocol on the privileges and
immunites of the European Communities annexed to the Treaty establishing a single
Council and a single Commission of the European Communities done at Brussels on
8 April 1965, the Member States of the European Communities accord the same
rights and privileges and immunities to the Mission of Malta, to its head and to its
members, as well as to the members of their families forming part of their respective
households.
Article 4
The Government of Malta recognizes the  laissez-passer  issued by the European
Communities to officials and other servants of its institutions as valid travel
documents.
EUROPEAN COMMUNITIES (ESTABLISHMENT OF DELEGATION)   [ CAP. 344.        3
Article 5
Any dispute concerning the interpretation or application of this Agreement shall
be settled by consultation between the two parties with the aim of arriving at a
conciliation.
Article 6
Each Contracting Party will notify the other of the completion of the respective
procedures necessary for the approval of the present Agreement, which will enter
into force on the date of reception of the second notification.
In witness whereof the undersigned, duly authorised to this effect, have signed this
Agreement.
Done at Brussels on the 28th June, 1990, in duplicate in the English language,
both texts being equally authentic.
JOSEPH LICARI  ABEL MATUTES JUAN 
For the Government of Malta  For the Commission of the 
European Communities
