Council Regulation (EC) No 930/2004 of 1 May 2004 on temporary derogation measures relating to the drafting in Maltese of the acts of the institutions of the European Union
Date: 2004-05-01
Institutions: Council of the European Union
Subjects: Malta, accession to the European Union, information profession, official language, recruitment

1.5.2004

EN

Official Journal of the European Union

L 169/1

I

(Acts whose publication is obligatory)

COUNCIL REGULATION (EC) No 930/2004

of 1 May 2004

on temporary derogation measures relating to the drafting in Maltese of the acts of the institutions
of the European Union

THE COUNCIL OF THE EUROPEAN UNION,

(3)

Having regard to the Treaty
Community, and in particular Article 290 thereof,

establishing the European

Having regard to the Treaty on European Union, and in
particular Articles 28 and 41 thereof,

(4)

Having regard to Council Regulation No 1 of 15 April 1958
determining the languages
to be used by the European
Economic Community (1) and to Council Regulation No 1 of
15 April 1958 determining the languages to be used by the
European Atomic Energy Community (2), which two Regulations
are hereinafter referred to as ‘Regulation No 1’,

Having regard to the Council Rules of Procedure, and in
particular Article 14(1) thereof,

Having regard to the request of 31 March 2004 by the Maltese
Government,

Whereas:

(1)

(2)

Following the accession of Malta to the European Union,
and in accordance with Article 1 of Regulation No 1,
Maltese is an official language and a working language of
the institutions of the Union.

Accordingly, regulations and other documents of general
application are to be drafted also in Maltese, as provided
for in Article 4 of Regulation No 1. The Official Journal of
the European Union should also be published in Maltese,
as provided for in Article 5 of that Regulation.

(1) OJ 17, 6.10.1958, p. 385/58. Regulation as last amended by the

2003 Act of Accession.

(2) OJ 17, 6.10.1958, p. 401/58. Regulation as last amended by the

2003 Act of Accession.

(5)

(6)

(7)

(8)

It appears from contacts between the Maltese authorities
and the European Union institutions that, due to the
current situation regarding the recruitment of Maltese
linguists and the resulting lack of qualified translators,
it is not possible to guarantee the drafting in Maltese
of all acts adopted by the institutions.

This situation will prevail for some time, pending the
implementation of transitional measures taken in close
cooperation between the Maltese authorities and the
to remedy the lack of
European Union institutions
qualified translators.
situation
this
should not have a negative impact on the activities of
the Union, slowing the work of its institutions.

In the meantime,

Article 8 of Regulation No 1 allows the Council, acting
upon request of the Member State concerned, to decide
on the use of languages as regards Member States which
have more than one official language. According to the
Constitution of Malta, Maltese and English are the official
languages of Malta and every law is to be enacted in both
the Maltese and English languages,
the Maltese text
prevailing in the case of conflict, unless provision is
otherwise made.

In the light of the situation referred to above and on
request by the Maltese Government, it is appropriate to
decide that, on an exceptional and transitional basis, the
institutions of the Union are not to be bound by the
obligation concerning the drafting or translation of all
acts, including judgments of the Court of Justice, in the
it is appropriate that such
Maltese language. However,
derogation be partial and therefore to exclude from its
scope regulations adopted jointly by the European
Parliament and the Council.

The status of Maltese as an official
working language of
remains unaffected.

the institutions of

language and a
the Union

At the end of the transitional period, all acts which at
that time have not already been published in the Maltese
language should also be published in that language,

L 169/2

EN

Official Journal of the European Union

1.5.2004

HAS ADOPTED THIS REGULATION:

Article 2

Article 1

By way of derogation from Regulation No 1 and for a period of
three years beginning on 1 May 2004, the institutions of the
European Union shall not be bound by the obligation to draft
all acts in Maltese and to publish them in that language in the
Official Journal of the European Union.

This Article shall not apply to Regulations adopted jointly by
the European Parliament and the Council.

Not later than 30 months after its adoption, the Council shall
review the operation of this Regulation and determine whether
to extend it for a further period of one year.

Article 3

At the end of the transitional period, all acts which at that time
have not already been published in the Maltese language shall
also be published in that language.

Article 4

This Regulation shall enter into force on 1 May 2004.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 1 May 2004.

For the Council
The President

B. COWEN