Cap. 460 Art. 4General implementation of Treaty.

(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, (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, 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: Provided that with regard to treaties and international conventions which Malta may accede to as Member State of the European Union, and treaties and international conventions which Malta is bound to ratify in its own name or on behalf of the European Community by virtue of its membership within the European Union, these shall come into force one month following their being submitted in order to be discussed by the Standing Committee on Foreign and European Affairs. 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 twenty-three thousand and two hundred and ninety-three euro and seventy-three cents (23,293.73) (if not calculated on a daily basis) or with a fine of more than two hundred and thirty-two euro and ninety-four cents (232.94) 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.