S.L. 460.17 Art. 12Restrictions on right of entry and right of residence. Cap. 465.

(1) The rights referred to in article 3(1) shall be restricted by a decision taken on grounds of public policy, public security or public health:

Provided that such rights shall not be restricted solely to serve economic ends.

(2) In the application of the provisions of subarticle (1):

(a) the relevant decision shall comply with the principle of proportionality;

(b) the relevant decision must be based exclusively on the personal conduct of the person concerned saving that:

(i) the person’s previous criminal convictions do not, in themselves, constitute grounds for taking the relevant decision;

(ii) the personal conduct of the person concerned represents a genuine, present and sufficiently serious threat affecting one of the fundamental interests of society;

(iii) matters isolated from the particulars of the case or which relate to considerations of general prevention, do not justify a relevant decision.

(3) A decision to restrict right of entry and right of residence on grounds of public health, shall be limited to those diseases with epidemic potential as defined by the relevant instruments of the World Health Organisation and other infectious diseases or contagious parasitic diseases if they are the subject of protection provisions applying to Maltese nationals in line with the Public Health Act:

Provided that where there are serious indications that it is necessary, and not as a matter of routine, the Director may, in consultation with and upon the recommendation of the Superintendent of Public Health, within three months of the date of their arrival, require persons entitled to the right of residence to undergo, free of charge, a medical examination to certify that they are not suffering from any such diseases.