Malta has been named as the EU’s most lagging State when it comes to the implementation of the Hague Programme action plan – encapsulating the EU’s efforts in the fight against terrorism, drugs and other crimes related to the EU’s strategy on the external aspects of the area of freedom, security and justice

According to a scoreboard released by the European Commission this week, Malta is still to implement 35 per cent of the Hague Programme’s measures – followed by Greece, Cyprus and Germany – and is running an implementation deficit of some 20 per cent in the area.

The legislative areas within the scope of the EU’s Hague Programme so far not implemented by Malta range from measures related to child pornography to money laundering and from the confiscation of the proceeds of crime to compensation for victims of crime.

Although Malta clearly has its own legislation in such areas, the meeting of EU standards has, for one reason or another, been problematic.

On the sensitive issue of child pornography, Malta, Greece, Cyprus, Portugal and Slovenia are still to enshrine measures to combat the sexual exploitation of children and child pornography established in December 2003.

Noting that child pornography is a particularly serious form of sexual exploitation of children which has been increasing and spreading through the use of new technologies and the Internet, the European Council has obliged member States to take necessary measures to ensure that a person convicted of such offences be temporarily or permanently prevented from exercising professional activities related to the supervision of children.

Punishable conduct for exploitation includes coercing or recruiting a child into prostitution or participating in pornographic performances; engaging in sexual activities with a child by means of coercion, force or threats; and abuse of a recognised position of trust, authority or influence over the child.

Child pornography includes the production of child pornography; the distribution, dissemination or transmission of child pornography; supplying or making child pornography available; as well as the acquisition or possession of child pornography.

While a number of member States have fallen short on a number of the Hague Programme areas, Malta was singled out as the only member State not to have transposed a 2001 Council decision relating to money laundering that provides for the identification, freezing or seizing of the instruments and proceeds of such crime. The measure should have been transposed by February 2006.

Similarly unimplemented are measures related to orders for the freezing of property or evidence and measures on combating fraud and counterfeiting of non-cash means of payment.

Also unimplemented are measures stipulating compensation for victims of crime, the standing of victims in criminal proceedings and the laying down of minimum provisions on the constituent elements of criminal acts and penalties for illicit drug trafficking.

On immigration, Malta also still needs to implement minimum standards of qualification and status of third country nationals or stateless persons as refugees or in need of international protection, as well as the content of the protection granted.

Also lacking is a measure granting residence permit for victims of human trafficking who cooperate with the authorities, as well as measures on the condition of entry into the country of third country nationals for studies, unremunerated training and voluntary services.

Malta received two reasoned opinions – the last step before taking Malta to court – this week on the matters of the qualification directive, and the human trafficking directive.

Malta has also neglected the obligation of carriers to communicate air passenger data, the strengthening of the penal framework to prevent the facilitation of unauthorised entry, transit and residence in member states, as well as the right of EU citizens and their family members to move and reside freely in other member States.

The European Commission announced this week it would be taking Malta to the European Courts of Justice with regard to the freedom of movement and residence.