Мальта

12 August 2025

“Pursuant to Articles 70 and 10(1) of the Agreement, the Government of the Republic of Malta declares the exception of the retroactive effects as set out in the second sentence of Article 10(1), therefore the provisions of this Agreement shall apply for the Republic of Malta only to activities with respect to marine genetic resources and digital sequence information on marine genetic resources of areas beyond national jurisdiction collected and generated after the entry into force of this Agreement for the Republic of Malta.
Noting Article 5 of the BBNJ Agreement especially subpara (2) which refers to other relevant legal instruments and frameworks; and recalling the provisions of the Protocol Concerning Specially Protected Areas and Biological Diversity in the Mediterranean (SPA/BD Protocol) under the UNEP Convention for the Protection of the Marine Environment and the Coastal Region of the Mediterranean (the UN Barcelona Convention) in relation to declaration, protection measures, planning and management of marine protected areas, Malta reaffirms that the SPA/BD Protocol remains the regional legal instrument governing the procedure for the establishment of MPAs in areas beyond national jurisdiction within the Mediterranean, where consensus among Contracting Parties is a necessary condition.”

Declaration and reservation:

“In terms of article 9, Malta will exercise jurisdiction in terms of paragraph 2 (a), (b), (d) and (e).
The Government of Malta shall not be bound by the provision of paragraph 1 of article 23 of this Convention.”

Reservation:

"Pursuant to Article 66, the Government of Malta declares that it shall not be bound by the provisions of paragraph 2 of article 66 of this Convention."

Declaration:

“Pursuant to Article 23 of the said Agreement, the Government of Malta declares that persons referred to in Articles, 15, 16, 18, 19 and 21, who are either nationals or permanent residents of Malta shall, in the territory of Malta, enjoy only the privileges and immunities to the extent necessary for the independent performance of his or her functions or his or her appearance or testimony before the Court as laid down in Article 23.”

Declaration:

"Under the Malta Armed Forces Act (Chapter 220 of the Laws of Malta), enacted in 1970, enlistment in the Armed Forces of Malta shall be made on a voluntary basis and no person under the age of seventeen years and six months may be so enlisted. A person under 18 years may not be enlisted unless consent to the enlistment is given in writing by the father of such person or, if such person is not subject to paternal authority, by the mother or by an other person in whose care the person offering to enlist may be. In any case, the term of engagement of a person enlisting under the age of 18 expires on reaching 18 years of age and enlistment has to be renewed. It is a mandatory condition for enlistment of potential recruits to produce a birth certificate from the national Civil Status Office to attest their age.
The Malta Armed Forces Act also provides that any person of whatever age offering to enlist in the regular force shall, before enlistment, be given a notice on the prescribed form stating the general conditions of engagement and the recruiting officer shall not enlist any person in the regular force unless satisfied that the potential recruit has been given such notice, understood its contents and wishes to be enlisted.
In practice the Armed Forces of Malta do not recruit and have not since 1970 recruited persons under the age of 18 years. The Government of Malta further declares that if in future recruitment of persons under 18 years were made such members of the armed forces will not take part in hostilities.
Regulations under the Malta Armed Forces Act provide for a Junior Leaders Scheme whereby persons under the age of seventeen and six months could be recruited for training but in a non-combatant position, but in effect no such recruitment has taken place since 1970."

Declarations:

“Article 20, paragraphs 3 (a) and (b).
With regard to article 20 paragraphs 3 (a) and (b) of the Rome Statute of the International Criminal Court Malta declares that according to its constitution no person who shows that he has been tried by any competent court for a criminal offence and either convicted or acquitted shall again be tried for that offence or for any other criminal offence of which he could have been convicted at the trial for that offence save upon the order of a superior court made in the course of appeal or review proceedings relating to the conviction or acquittal; and no person shall be tried for a criminal offence if he shows that he has been pardoned for that offence.
It is presumed that under the general principles of law a trial as described in paragraphs 3 (a) and (b) of Article 20 of the Statute would be considered a nullity and would not be taken into account in the application of the above constitutional rule. However, the matter has never been the subject of any judgment before the Maltese courts.
The prerogative of mercy will only be exercised in Malta in conformity with its obligations under International law including those arising from the Rome Statute of the International Criminal Court.”

Reservation:

"Malta wishes to enter the reservations as mentioned in article 15 of the Convention and pertaining to paragraph 2 of articles 6 and 7."

Declaration:

The ratification of the United Nations Convention on the Law of the Sea is a reflection of Malta's recognition of the many positive elements it contains, including its comprehensiveness, and its role in the application of the concept of the common heritage of mankind.
At the same time, it is realised that the effectiveness of the regime established by the Convention depends to a great extent on the attainment of its universal acceptance, not least by major maritime States and those with technology which are most affected by the regime.
The effectiveness of the provisions of Part IX on `enclosed or semi-enclosed seas', which provide for cooperation of States bordering such seas, like the Mediterranean, depends on the acceptance of the Convention by the States concerned. To this end, the Government of Malta encourages and actively supports all efforts at achieving this universality.
The Government of Malta interprets articles 69 and 70 of the Convention as meaning that access to fishing in the exclusive economic zone of third States by vessels of developed land-locked and geographically disadvantaged States is dependent upon the prior granting of access by the coastal States in question to the nationals of other States which have habitually fished in the said zone.
The baselines as established by Maltese legislation for the delimitation of the territorial sea, and related areas, for the archipelago of the islands of Malta and which incorporate the island of Filfla as one of the points from which baselines are drawn, are fully in line with the relevant provisions of the Convention.
The Government of Malta interprets article 74 and article 83 to the effect that in the absence of agreement on the delimitation of the exclusive economic zone or the continental shelf or other maritime zones, for an equitable solution to be achieved, the boundary shall be the median line, namely a line every point of which is equidistant from the nearest points of the baselines from which the breadth of the territorial waters of Malta and of such other States is measured.
The exercise of the right of innocent passage of warships through the territorial sea of other States, should also be perceived to be a peaceful one. Effective and speedy means of communication are easily available, and make the prior notification of the exercise of the right of innocent passage of warships, reasonable and not incompatible with the Convention. Such notification is already required by some States. Malta reserves the right to legislate on this point.
Malta is also of the view that such a notification requirement is needed in respect of nuclear-powered ships or ships carrying nuclear or other inherently dangerous or noxious substances. Furthermore, no such ships shall be allowed within Maltese internal waters without the necessary authorisation.
Malta is of the view that the sovereign immunity contemplated in article 236, does not exonerate a State from such obligation, moral or otherwise, in accepting responsibility and liability for compensation and relief in respect of damage caused by pollution of the marine environment by any warship, naval auxiliary, other vessels or aircraft owned or operated by the State and used on government non-commercial service.
Legislation and regulations concerning the passage of ships through Malta's territorial sea are compatible with the provisions of the Convention. At the same time, the right is reserved to develop further this legislation in conformity with the Convention as may be required.
Malta declares itself in favour of establishing sea-lanes and special regimes for foreign fishing vessels transversing its territorial sea.
Note is taken of the statement by the European Community made at the time of signature of the Convention regarding the fact that its Member States have transferred competence to it with regard to certain aspects of the Convention. In view of Malta's application to join theEuropean Community, it is understood that this will also become applicable to Malta on membership.
The Government of Malta does not consider itself bound by any of the declarations which other States may have made, or will make, upon signing or ratifying the Convention, reserving the right, as necessary, to determine its position with regard to each of them at the appropriate time. In particular, ratification of the Convention does not imply automatic recognition of maritime or territorial claims by any signatory or ratifying State.

Reservations:

"A. Article 11
The Government of Malta interprets paragraph 1 of article II, in the light of provisions of paragraph 2 of article 4, as not precluding prohibitions, restrictions, or conditions on the employment of women in certain areas, or the work done by them, where this is considered necessary or desirable to protect the health and safety of women or the human foetus, including such prohibitions, restrictions or conditions imposed in consequence of other international obligations of Malta.
"B. Article 13
(i) The Government of Malta reserves the right, notwithstanding anything in the Convention, to continue to apply its tax legislation which deems, in certain circumstances, the income of a married woman to be the income of her husband and taxable as such.
(ii) The Government of Malta reserves the right to continue to apply its social security legislation which in certain circumstances makes certain benefits payable to the head of the household which is, by such legislation, presumed to be the husband.
"C. Articles 13, 15, 16
While the Government of Malta is committed to remove, in as far as possible, all aspects of family and property law which may be considered as discriminatory to females, it reserves the right to continue to apply present legislation in that regard until such time as the law is reformed and during such transitory period until those laws are completely superseded.
"D. Article 16
The Government of Malta does not consider itself bound by sub-paragraph (e) of paragraph (1) of article 16 in so far as the same may be interpreted as imposing an obligation on Malta to legalize abortion."

Reservation:

"The Government of Malta hereby declares that within the meaning of article 19, paragraph 1, of the Agreement, it does not feel bound by the provisions of article 18, paragraphs 2 and 3 thereof."
Declaration:

"The Government of Malta declares that transport operations between the Member States of the European Economic Community shall be regarded as national transport operations within the meaning of the AETR in so far as such operations do not pass in transit through the territory of a third State which is a contracting party to the AETR."

Declarations:

" 1. Malta accedes to the Optional Protocol to the International Covenant on Civil and Political Rights, on the understanding that the provisions of article 5, paragraph 2, of the Protocol mean that the Committee established by article 28 of the Covenant, shall not consider any communication from an individual unless it has ascertained that the same matter is not being examined or has not already been examined under another procedure of international investigation or settlement.
"2. The Government of Malta interprets Article 1 of the Protocol as giving the Committee the competence to receive and consider communications from individuals subject to the jurisdiction of Malta who claim to be victims of a violation by Malta of any of the rights set forth in the Covenant which results either from acts, omissions, developments or events occurring after the date on which the Protocol enters into force for Malta, or from a decision relating to acts, omissions, developments or events after that date."

Reservations:

"1. Article 13 - The Government of Malta endorses the principles laid down in article 13. However, in the present circumstances it cannot comply entirely with the provisions of this article;
2. Article 14 (2) - The Government of Malta declares that it interprets paragraph 2 of article 14 of the Covenant in the sense that it does not preclude any particular law from imposing upon any person charged under such law the burden of proving particular facts;
3. Article 14 (6) - While the Government of Malta accepts the principle of compensation for wrongful imprisonment, it is not possible at this time to implement such a principle in accordance with article 14, paragraph 6, of the Covenant;
4. Article 19 - The Government of Malta desiring to avoid any uncertainty as regards the application of article 19 of the Covenant declares that the Constitution of Malta allow such restrictions to be imposed upon public officers in regard to their freedom of expression as are reasonably justifiable in a democratic society. The code of Conduct of public officers in Malta precludes them from taking an active part in political discussions or other political activity during working hours or on the premises.
"The Government of Malta also reserves the right not to apply article 19 to the extent that this may be fully compatible with Act 1 of 1987 entitled "An act to regulate the limitations on the political activities of aliens", and this in accordance with Article 16 of the Convention of Rome (1950) for the protection of Human Rights and Fundamental Freedoms or with Section 41 (2) (a) (ii) of the Constitution of Malta;
"5. Article 20 - The Government of Malta interprets article 20 consistently with the rights conferred by Articles 19 and 21 of the Covenant but reserves the right not to introduce any legislation for the purposes of article 20;
"6. Article 22 - the Government of Malta reserves the right not to apply article 22 to the extent that existing legislive measures may not be fully compatible with this article.

"Article 13 - The Government of Malta declares that it is in favour of upholding the principle affirmed in the words" and to ensure the religious and moral education of their children in conformity with their own convictions". However, having regard to the fact that the population of Malta is overwhelmingly Roman Catholic, it is difficult also in view of limited financial and human resources, to provide such education in accordance with a particular religious or moral belief in cases of small groups, which cases are very exceptional in Malta."

Declaration made upon signature and confirmed upon ratifica- tion :

"The Government of Malta wishes to state its understanding of certain articles in the Convention.
"It interprets article 4 as requiring a party to the Convention to adopt further measures in the fields covered by sub-paragraphs (a), (b) and (c) of that article should it consider, with due regard to the principles embodied in the Universal Declaration of Human Rights and the rights set forth in article 5 of the Convention, that the need arises to enact ‘ ad hoc ’ legislation, in addition to or variation of existing law and practice to bring to an end any act of racial discrimination.
"Further, the Government of Malta interprets the requirements in article 6 concerning `reparation or satisfaction' as being fulfilled if one or other of these forms of redress is made available and interprets `satisfaction' as including any form of redress effective to bring the discriminatory conduct to an end."

Reservations:

“1. Article 5 (j)
The Government of Malta declares that consular posts established in Malta may not execute letters rogatory or commissions to take evidence for the courts of the sending State or transmit judicial or extra-judicial documents.
2. Article 44 paragraph 3
Malta will interpret the exemption accorded to members of a consular post by paragraph 3 of article 44 from liability to give evidence concerning matters connected with the exercise of their functions as relating only to acts in respect of which consular officers and consular employees enjoy immunity from the jurisdiction of judicial or administrative authorities of the receiving State in accordance with article 43 of the Convention.”

"The Government of Malta wishes to declare that paragraph 2 of article 37 shall be applied on the basis of reciprocity."

"The Government of the Republic of Malta, having already become a party to the 1975 TIR Convention, now becomes a party to the 1959 TIR Convention only in relation to those States Parties that have not themselves become a party to the 1975 Convention."

Declarations:

"1. In accordance with the relevant provisions of the Convention, Malta will apply the Convention only to the recognition and enforcement of awards made in the territory of another Contracting State.
2. The Convention only applies in regard to Malta with respect to arbitration agreements concluded after the date of Malta's accession to the Convention."

Reservations:

“The Republic of Malta does not consider itself bound by Article 11 in so far as to the obligation to give consideration to the establishment of stateless seamen in its territory, or to issue said seamen with travel documents.
The Republic of Malta considers itself bound by Article 14 only in so far as in regard to a stateless person who is a permanent resident in the territory of the Republic of Malta.
The Republic of Malta does not consider itself obliged, in terms of Article 32 to provide or to guarantee stateless persons born outside Malta facilities for their naturalisation beyond those accorded to aliens in general.”
26 June 2021

Declaration:

“The Republic of Malta will fulfil its obligation under Article 28 by issuing an alien’s passport to stateless persons lawfully residing in its territory.”

"Notwithstanding article 3 of the Additional Protocol the duty-free temporary importation into Malta of display material (e.g., showcases, stands and similar articles), sound recordings and flags, shall be subject to the making of a deposit with the Comptroller of Customs equivalent to the amount of duty payable on the goods allowed to be temporarily imported or to the giving of a security for such duty."

"In acceding to this Convention, the Government of Malta hereby declares that it does not consider itself bound by article III in so far as that article applies to conditions of service in the Public Service and to Jury Service."

"In the application of paragraph 5 of Article III of the Convention the period allowed by the Government of Malta for re-exportation of samples which qualify for exemption from import duties under that Article, should be three months which may be extended on sufficient cause being shown."

"In accordance with the provisions of paragraph 1 of article 2 of the Convention, the Government of Malta excludes annex 1 from its application of the Convention."

"In accepting the above-mentioned Protocol, Malta considers itself bound only in so far as the Protocol applies to the Convention for the Suppression of the Traffic in Women and Children concluded at Geneva on 30 September 1921 to which Malta is a party."