Transposition of EU laws closes three infringement procedures against Malta

Malta has maintained its excellent track record in complying with EU legislation, with the latest decisions from the EU’s College of Commissioners closing closing three infringement procedures, two of which were related to non-transposition. 

One of the infringement procedures opened in 27 January 2014 concerned the non-transposition of an EU directive combating the sexual abuse, sexual exploitation of children, and child pornography. Malta had delayed its transposition of the directive following the adoption of the Various Laws (Criminal Matters) (Amendment) Act, 2014, but the Commission still found certain lacunae in our law.

The law was adopted with the Victims of Crime Act, 2015 and the Criminal Code (Amendment) Act, 2015. These measures, together with standing operating procedures which were notified to the Commission and other already existing measures of Maltese law, resulted in the successful closure of the Infringement Proceedings against Malta. These legislative measures further regulate and criminalise such exploitation and also further safeguard the rights of children.

A second infringement opened on 23 September 2015 related to the non-transposition of a directive on the re-use of public sector information. This directive establishes a minimum set of rules governing the re-use and the practical means of facilitating re-use of existing documents, held by public sector bodies of the member states.

The transposition process was delayed due to parliament’s summer recess and eventually transposed by means of the Re-Use of Public Sector Information Act, 2015 (Act XXIX of 2015) on 14 October 2015.

The third infringement, open since 22 February 2013, relates to EU law.

Back in 2013, the Maltese government had decided to amend the Status of Long-Term Residents (Third Country Nationals) Regulations with a view to addressing discrepancies identified by the Commission.

The contentious issues involved led to a delay in transposition.  Following talks between the Maltese authorities and the Commission, a way forward was found and  further amendments to the regulations satisfactory to the Commission were adopted on 20 November 2015.