EUROPEAN UNION [ CAP. 460.  1
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
ACT V of 2003.
Short title and 
commencement.
1. (1) The short title of this Act is the European Union Act.
(2) The provisions of this Act, other than the provisions of this
article and of articles 2, 3 and 6 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 article 4(2), (3) and (4) for the purposes therein
indicated, provided that provision so made shall not come into
force before the 1st May 2004.
Interpretation.
"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 Government publication) 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 no such order shall be made until a draft
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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 and the House
shall, upon the presentation of the report of the Standing
Committee proceed immediately to vote on the motioin without
debate.
(3) For the purposes of this article "Treaty" and "treaty"
include any protocol or annex thereto; a "treaty" includes any
international agreement.
General 
provisions.
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.
General 
implementation of 
Treaty.
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.
Cap. 249.
(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, (to which order the provisions of article 11 of the
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,
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,
*This article shall come into force on 1st May, 2004 - but see article 1(2).
EUROPEAN UNION [ CAP. 460.  3
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 -
( 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.
Decision on, and 
proof of, Treaties 
and instruments 
arising therefrom, 
etc.
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.
*This article shall come into force on 1st May, 2004.
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(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.
Ratification of 
Treaty.
Cap 304.
6. For the purposes of the ratification of Treaties Act the
Government of Malta is hereby authorised to ratify the Treaty.
Amendment of 
Article 65 of the 
Constitution.
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.".
*This article shall come into force on 1st May, 2004.
