| Legal instrument | Entry into force | Country Notification | Related National legislation | Additional Information |
|
2002/584/JHA: Council Framework Decision 2002/584/JHA of 13 June 2002 on the European Arrest Warrant and the surrender procedures between Member States
|
7 Jun 2004
| Notification under arts. 6.3, 7.1, 7.2 and 25.2 EAW by Malta | Extradition (Designated Foreign Countries) Order of 7 June 2004, S.L. 276.05 (Extradition Act-Cap.276) | Implementation of Framework Decision on EAW by Member States. April 2020 |
|
2009/299/JHA: Council Framework Decision 2009/299/JHA of 26 February 2009 amending Framework Decisions 2002/584/JHA, 2005/214/JHA, 2006/783/JHA, 2008/909/JHA and 2008/947/JHA, thereby enhancing the procedural rights of persons and fostering the application of the principle of mutual recognition to decisions rendered in the absence of the person concerned at the trial
|
| - | • Extradition (Designated Foreign Countries) Order, LN320 of 2004 amended by L.N. 213 of 2011
• Financial Penalties (Execution in the European Union) Regulations (S.L 9.14) amended by LN 468 of 2010
• Confiscation Orders (Execution in the European Union) Regulations (S.L 9.15- LN 464 of 2010) amended by LN 426 of 2012
• Custodial Sentences or Measures Involving Deprivation of Liberty Orders (Execution in the European Union) Regulations, L.N. 55 of 2012;
• The Probation Act – Cap 446 amended by Act XXIII of 2012.
| - |
|
2000/383/JHA: Council Framework Decision 2000/383/JHA of 29 May 2000 on increasing protection by criminal penalties and other sanctions against counterfeiting in connection with the introduction of the euro (replaced by Directive
2014/62/EU)
|
14 May 2004
| - | Central Bank of Malta Act (Articles 49-55) – Cap.204. | - |
|
Council Framework Decision 2001/220/JHA of 15 March 2001 on the standing of victims in criminal proceedings (replaced by Directive 2012/29/EU)
|
| - | Criminal Code, Criminal Injuries Compensation Scheme Regulations. S.L. 9.12 which transposes Council Directive 2004/80/EC relating to
compensation to crime victims (which replaces this Framework Decision), Criminal Code | - |
|
[**N_replaced by Directive 2019/713] 2001/413/JHA: Council Framework Decision 2001/413/JHA of 28 May 2001 combating fraud and counterfeiting of non-cash means of payment
|
| - | Articles 41, 42, 83C, 121D, 183-189A, 293, 294, 308-310BA, 337B-337D, Criminal Code (Cap.9). | - |
|
2001/500/JHA: Council Framework Decision 2001/500/JHA of 26 June 2001 on money laundering, the identification, tracing, freezing, seizing and confiscation of instrumentalities and the proceeds of crime
|
14 May 2004
| - | Prevention of Money Laundering Act Cap 373, ACT XIX of 1994 as amended by: Act II of 1998; Legal Notice 71 of 1999; Acts XXXI of 2001, III of 2002, and III and XIII of 2004 | - |
|
2002/465/JHA: Council Framework Decision 2002/465/JHA of 13 June 2002 on joint investigation teams (JIT)
|
29 May 2012
| - | Joint Investigation Teams (EU Member States) Regulations. S.L. 9.18, Criminal Code Cap.9 | - |
|
2002/475/JHA: Council Framework Decision 2002/475/JHA of 13 June 2002 on combating terrorism (repealed and replaced by Directive 2017/541)
|
6 Jun 2012
| - | Articles 328A-328M, Criminal Code (Cap 9) | - |
|
2002/629/JHA: Council Framework Decision 2002/629/JHA of 19 July 2002 on combating trafficking in human beings (replaced by Directive 2011/36)
|
| - | Implementation date 14 May 2004, 22nd June 2010, 6th December 2013. This was replaced by Directive 2011/36/EU of the European Parliament and of the Council of 5 April 2011 on preventing and combating trafficking in human beings and protecting its victims and replacing Council Framework Decision 2002/626/JHA. National legislation: Articles 248A-248F of the Criminal Code (Cap.9), Act III of 2004, Act VII of 2010 as Amended by Act XVIII of 2013. | - |
|
2002/946/JHA: Council Framework Decision 2002/946/JHA of 28 November 2002 on the strengthening of the penal framework to prevent the facilitation of unauthorised entry, transit and residence
|
| - | Implemented in 2002. Article 32, Immigration Act, Cap. 217. | Report from the Commission on the implementation of this Framework Decision. |
|
2003/568/JHA: Council Framework Decision 2003/568/JHA of 22 July 2003 on combating corruption in the private sector
|
14 May 2004
| Notification letter by Malta on the Framework Decision on Corruption in the private sector | Articles 112-127 Criminal Code, Cap.9 | - |
|
2003/577/JHA: Council Framework Decision 2003/577/JHA of 22 July 2003 on the execution in the European Union of orders freezing property or evidence (Still applicable for Denmark and Ireland; for other MS replaced by Regulation 2018/1805)
|
7 Dec 2007
| - | Freezing Orders (Execution in the European Union) Regulations, S.L. 9.13 (Criminal Code-Cap.9) | Complementary information provided by the Council Secretariat |
|
2004/68/JHA: Council Framework Decision 2004/68/JHA of 22 December 2003 on combating the sexual exploitation of children and child pornography (replaced by
Directive 2011/93/EU)
|
| - | Implementation date: 31 December 2007; 22 June 2010, 18 March 2014 : this Framework Decision was replaced by Directive 2011/92/EU.
National legislation: Articles 203-209A, Criminal Code, Cap 9, (Act XXXI of 2007;
Act VII of 2010, Act IV of 2014; | Framework Decision replaced by Directive 2011/93/EU on combating the sexual abuse and sexual exploitation of children and child pornography of 13 December 2011 , and replacing Council Framework Decision 2004/68/JHA (table of status of implementation) which this country has implemented. |
|
2004/757/JHA: Council Framework Decision 2004/757/JHA of 25 October 2004 laying down minimum provisions on the constituent elements of criminal acts and penalties in the field of illicit drug trafficking
|
| - | Medical and Kindred Professions Ordinance (Ch 31);
Article 22 Dangerous Drugs Ordinance (Ch 101); | - |
|
2005/212/JHA: Council Framework Decision 2005/212/JHA of 24 February 2005 on Confiscation of Crime-Related Proceeds, Instrumentalities and Property
|
| Notification by Malta of the implementation of the Framework Decision on Confiscation of Crime-related Proceeds | Articles 23-23C of Criminal Code | - |
|
2005/222/JHA: Council Framework Decision 2005/222/JHA of 24 February 2005 on attacks against information systems (replaced by Directive 2013/40/EU)
|
| - | Implemented in 2010. Articles 337B-H, Criminal Code – Cap.9; | - |
|
2005/214/JHA: Council Framework Decision 2005/214/JHA of 24 February 2005 on the application of the principle of mutual recognition to financial penalties
|
16 Oct 2009
| Notification of the implementation of the Framework Decision on Financial Penalties by Malta | Financial Penalties (Execution in the European Union). Regulations - LN 268 of 2009, S.L. 9.14, (Criminal Code –Cap.9);
The legislation entered into force on 06/11/2009 and started to apply to decisions issued after the 22/03/2007 | Complementary information provided by the Council Secretariat |
|
2006/783/JHA: Council Framework Decision 2006/783/JHA of 6 October 2006 on the application of the principle of mutual recognition to confiscation orders (Still applicable for Denmark and Ireland; for other MS replaced by Regulation 2018/1805)
|
22 Oct 2010
| Notification of the implementation of the Framework Decision on Confiscation Orders by Malta | Confiscation Orders (Execution in the European Union). Regulations, S.L. 9.15- (Criminal Code – Cap 9). It applies to decisions issued after 24/11/2008. | Complementary information provided by the Council Secretariat |
|
2006/960/JHA: Council Framework Decision 2006/960/JHA of 18 December 2006 on simplifying the exchange of information and intelligence
|
18 Dec 2006
| - | Regulation 9, Data Protection (Processing of Personal Data in the Police Sector) Regulations, S.L. 440.05 and Articles 117, 117A u 117B of the Police Act (Cap.164) | - |
|
2008/675/JHA: Council Framework Decision 2008/675/JHA of 24 July 2008 on taking account of convictions in the Member States of the European Union in the course of new criminal proceedings
|
1 Aug 2014
| - | Article 49-50, Criminal Code (Cap 9) | - |
|
2008/841/JHA: Council Framework Decision 2008/841/JHA of 24 October 2008 for organised crime
|
| - | Article 83A of the Criminal Code, Cap.9 | - |
|
2008/909/JHA: Council Framework Decision 2008/909/JHA of 27 November 2008 on the application of the principle of mutual recognition to judgments in criminal matters imposing custodial sentences or measures involving deprivation of liberty for the purposes of their enforcement
|
3 Feb 2012
| Notification by Malta on the implementation of the Framework Decision on Transfer of prisoners | Custodial Sentences or Measures Involving Deprivation of Liberty Orders (Execution in the European Union) Regulations, L.N. 55 of 2012, S.L. 9.15, (Criminal Code Cap.9) | Complementary information provided by the Council Secretariat
Complementary information: Declarations under Article 7(4) -double criminality- and Article 28(2) -transitional provision- |
|
2008/913/JHA: Council Framework Decision 2008/913/JHA of 28 November 2008 on combating certain forms and expressions of racism and xenophobia by means of criminal law
|
17 Jul 2009
| - | Articles 82A-82E, Article 83B, 222A of the Criminal Code, Cap 9,as amended by Act XI of 2009, Act VIII of 2012 (26 June 2012) and Act XXIV of 2014 (1st August 2014) | - |
|
2008/919/JHA: Council Framework Decision 2008/919/JHA of 28 November 2008 amending Framework Decision 2002/475/JHA on combating terrorism (repealed and
replaced by Directive 2017/541)
|
17 Jul 2009
| - | Articles 328A-328M, Criminal Code (Cap 9) as amended by Act IX of 2009 | - |
|
2008/947/JHA: Council Framework Decision 2008/947/JHA of 27 November 2008 on the application of the principle of mutual recognition to judgments and probation decisions with a view to the supervision of probation measures and alternative sanctions
|
7 Dec 2012
| - | Act XXIII of 2012 -Probation Act – Cap 446 | Complementary information provided by the Council Secretariat |
|
2008/977/JHA: Council Framework Decision 2008/977/JHA of 27 November 2008 on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters
|
8 Jun 2012
| - | Processing of Personal Data (Police and Judicial Cooperation in Criminal Matters) Regulations, LN 198 of 2011, (.Data Protection Act- Cap 440) | - |
|
2009/315/JHA: Council Framework Decision 2009/315/JHA of 26 February 2009 on the organisation and content of exchange of information extracted from the criminal record between Member States
|
29 Apr 2016
| - | Subsidiary Legislation 77.01: ‘Organisation and Content of the Exchange of Information from the Criminal Record between Malta and Other States Regulations’ | - |
|
2009/829/JHA: Council Framework Decision 2009/829/JHA of 23 October 2009 for supervision measures
|
16 Aug 2013
| - | Decisions on Supervision Measures (Execution in the European Union) Regulations, S.L. 9.19 (Criminal Code – Cap 9) | Complementary information provided by the Council Secretariat |
|
2009/948/JHA: Council Framework Decision 2009/948/JHA of 30 November 2009 for conflicts of jurisdiction
|
25 Apr 2014
| - | Prevention and Settlement of Conflicts of Exercise of Jurisdiction in Criminal Proceedings Regulations - S.L. 9.20 (Criminal Code – Cap 9) | Complementary information provided by the Council Secretariat |
|
2001/40/EC: Directive 2001/40/EC of 28 May 2001 on the mutual recognition of decisions on the expulsion of third country nationals
|
| - | National Implementing Measures provided to the European Commission | - |
|
2002/90/EC: Directive 2002/90/EC of 28 November 2002 defining the facilitation of unauthorised entry, transit and residence
|
-
| - | - | - |
|
2004/80/EC: Directive 2004/80/EC of 29 April 2004 relating to compensation to crime victims
|
| - | National Implementing Measures provided to the European Commission | - |
|
2005/35/EC: Directive 2005/35/EC of 7 September 2005 on ship-source pollution and on the introduction of penalties for infringements
|
| - | National Implementing Measures provided to the European Commission | - |
|
2005/60/EC: Directive 2005/60/EC of 26 October 2005 on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing (replaced by Directive (EU) 2015/849)
|
| - | National Implementing Measures provided to the European Commission | - |
|
2006/70/EC: Directive 2006/70/EC of 1 August 2006 laying down implementing measures for Directive 2005/60/EC
|
| - | National Implementing Measures provided to the European Commission | - |
|
2008/99/EC: Directive 2008/99/EC of 19 November 2008 on the protection of the environment through criminal law
|
| - | National Implementing Measures provided to the European Commission | - |
|
2009/123/EC: Directive 2009/123/EC of 21 October 2009 amending Directive 2005/35/EC on ship-source pollution and on the introduction of penalties for infringements
|
| - | National Implementing Measures provided to the European Commission | - |
|
2010/64/EU: Directive 2010/64/EU of 20 October 2010 on the right to interpretation and translation in criminal proceedings
|
| - | National Implementing Measures provided to the European Commission | - |
|
2011/36/EU: Directive 2011/36/EU of 5 April 2011 on preventing and combating trafficking in human beings, and replacing Council Framework Decision 2002/629/JHA
|
6 Apr 2013
| - | National Implementing Measures provided to the European Commission | - |
|
2011/82/EU: Directive 2011/82/EU of 25 October 2011 facilitating the cross-border exchange of information on road safety related traffic offences
|
-
| - | - | - |
|
2011/92/EU: Directive 2011/92/EU of 13 December 2011 on combating the sexual abuse and sexual exploitation of children and child pornography, and replacing Council Framework Decision 2004/68/JHA
|
| - | National Implementing Measures provided to the European Commission | - |
|
2011/99/EU: Directive 2011/99/EU of 13 December 2011 on the European Protection Order
|
| Notification of the implementation of the Directive on the European Protection Order by Malta. Competent authorities | European Protection Order (Execution) Regulations; National Legislation S.L. 294 of 2014 (Criminal Code-Cap.9) | - |
|
2012/13/EU: Directive 2012/13/EU of 22 May 2012 on the right to information in criminal proceedings
|
| - | National Implementing Measures provided to the European Commission | - |
|
2012/29/EU: Directive 2012/29/EU of 25 October 2012 establishing minimum standards on the rights, support and protection of victims of crime
|
| - | National Implementing Measures provided to the European Commission | - |
|
2013/32/EU: Directive on common procedures for granting and withdrawing international protection of 26 June 2013
|
process ongoing
| - | - | Implemented Art. 1 to 30, Article 31(1), (2) and (6) to (9), Articles 32 to 46, Articles 49 and 50 and Annex I. |
|
2013/40/EU: Directive 2013/40/EU of 12 August 2013 on attacks against information systems replacing Council Framework Decision 2005/222/JHA
|
| - | National Implementing Measures provided to the European Commission | - |
|
2013/48/EU: Directive 2013/48/EU of 22 October 2013 on the right of access to a lawyer in criminal proceedings and in European arrest warrant proceedings, and on the right to have a third party informed upon deprivation of liberty and to communicate with third persons
|
| - | National Implementing Measures provided to the European Commission | - |
|
2014/42/EU: Directive 2014/42/EU of 3 April 2014 on the freezing and confiscation of instrumentalities and proceeds of crime in the European Union
|
| - | National Implementing Measures provided to the European Commission | - |
|
2014/41/EU: Directive 2014/41/EU of 3 April 2014 regarding the European Investigation Order in criminal matters
|
24 Oct 2017
| - | - | Useful tools and information for the practical application of the European Investigation Order (EIO) directive |
|
2014/62/EU: Directive 2014/62/EU of 15 May 2014 on the protection of the euro and other currencies against counterfeiting by criminal law and replacing Council Framework Decision 2000/383/JHA
|
| - | National Implementing Measures provided to the European Commission | - |
|
2014/66/EU: Directive on the conditions of entry and residence of third-country nationals in the framework of an intra-corporate transfer of 15 May 2014
|
-
| - | - | - |
|
Directive 2014/57/EU of the European Parliament and of the Council of 16 April 2014 on criminal sanctions for market abuse (market abuse directive)
|
-
| - | - | - |
|
2015/413/EU: Directive 2015/413/EU of 11 March 2015 facilitating cross-border exchange of information on road-safety-related traffic offences (replaced by
Directive 2019/713)
|
| - | National Implementing Measures provided to the European Commission | - |
|
2015/849/EU: Directive 2015/849/EU of 20 May 2015 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing, amending Regulation (EU) No 648/2012, and repealing Directive 2005/60/EC
|
-
| - | - | - |
|
2016/343/EU: Directive 2016/343/EU of 9 March 2016 on the strengthening of certain aspects of the presumption of innocence and of the right to be present at the trial in criminal proceedings
|
20 Jul 2018
| - | Act No. XXXII of 2018 amending Criminal Code and the Drug Dependence (Treatment not Imprisonment) Act | - |
|
(EU) 2016/680: Directive (EU) 2016/680 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA
|
-
| - | - | - |
|
2017/541/EU: Directive 2017/541/EU of 15 March 2017 on combating terrorism and replacing Council Framework Decision 2002/475/JHA and amending Council Decision 2005/671/JHA
|
-
| - | - | - |
|
2016/681/EU: Directive 2016/681 of the European Parliament and of the Council of 27 April 2016 on the use of passenger name record (PNR) data for the prevention, detection, investigation and prosecution of terrorist offences and serious crime
|
-
| - | - | - |
|
2016/800/EU: Directive 2016/800/EU of 11 May 2016 on procedural safeguards for children who are suspects or accused persons in criminal proceedings
|
7 Apr 2020
| - | Act XVIII of 2020 | - |
|
2016/1919/EU: Directive 2016/1919/EU of 26 October 2016 on legal aid for suspects and accused persons in criminal proceedings and for requested persons in European arrest warrant proceedings
|
7 Apr 2020
| - | Act XVIII of 2020 | - |
|
2017/1371/EU: Directive 2017/1371/EU of 5 July 2017 on the fight against fraud to the Union's financial interests by means of criminal law
|
7 Apr 2020
|
| Act XVIII of 2020 amending the Criminal Code | - |
|
2018/843/EU: Directive (EU) 2018/843 of 30 May 2018 amending Directive (EU) 2015/849 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing, and amending Directives 2009/138/EC and 2013/36/EU
|
-
| - | - | - |
|
2018/1673/EU: Directive 2018/1673/EU of the European Parliament and of the Council of 23 October 2018 on combating money laundering by criminal law.
|
-
| - | - | - |
|
2019/713/EU Directive of the European Parliament and the Council of 17 April 2019 on combating fraud and counterfeiting of non-cash means of payment replacing Council Framework Decision 2001/413/JHA
|
-
| - | - | - |
|
2019/884/EU: Directive (EU) 2019/884 of the European Parliament and of the Council of 17 April 2019 amending Council Framework Decision 2009/315/JHA, as regards the exchange of information on third-country nationals and as regards the European Criminal Records Information System (ECRIS), and replacing Council Decision 2009/316/JHA
|
29 Apr 2016
| - | Subsidiary Legislation 77.01: ‘Organisation and Content of the Exchange of Information from the Criminal Record between Malta and Other States Regulations’ | - |
|
2023/1544/EU: Directive (EU) 2023/1544 of the European Parliament and of the Council of 12 July 2023 laying down harmonised rules on the designation of designated establishments and the appointment of legal representatives for the purpose of gathering electronic evidence in criminal proceedings
|
-
| - | - | - |
|
2008/978/JHA: Council Framework Decision 2008/978/JHA of 18 December 2008 on the European Evidence Warrant (EEW) for the purpose of obtaining objects, documents and data for use in proceedings in criminal matters. – repealed by Regulation (EU) 2016/95 of 20 January 2016 repealing certain acts in the field of police cooperation and judicial cooperation in criminal matters.
|
-
| - | Not implemented in view of fact that European Investigation Order was supposed to replace same | - |