Malta's abortion protocol 'goes beyond' Poland's declaration

The safeguard Malta has negotiated with the EU over abortion went beyond the concession Poland had just been granted in its accession treaty, Foreign Minister Joe Borg said yesterday.

He was contacted for his comments after Poland secured a declaration stating that the EU would not try and influence its strict anti-abortion laws once it joins the EU.

The Polish authorities requested the concession at the eleventh hour after Malta was granted a protocol stating that national law would take precedence over EU law in the area of abortion.

"We definitely got more because the EU has understood the sensitivity of the issue in Malta," said Dr Borg.

"In reality, we did not need it because the EU had made it clear that issues like abortion had to be decided by the individual country concerned.

"However, as a safeguard the EU has agreed to give Malta the maximum by granting a protocol, which is an agreement between the two sides. On the other hand, a unilateral declaration is made by the country concerned and is annexed to the treaty."

Last month Polish bishops urged their government to follow in Malta's footsteps and called for a last-minute attempt to seek an ad hoc protocol with the EU accession treaty to ensure that laws outlawing abortion would be retained.

As the accession treaties have now been finalised a number of unilateral declarations were added to the treaty text by the acceding countries, including one by Poland insisting that the treaty may not require a change in the Polish abortion law.

As a result, a general counter-declaration was also added by the EU members and the European Commission maintaining that such declarations cannot allow the accession countries to deviate from the treaty provisions.

Malta has three unilateral declarations annexed to its treaty: one is related to the issue of neutrality, another on Gozo and another on the issue related to the exemption of VAT on food and medicines until 2010.

Dr Borg said the EU's counterdeclaration would not affect Malta's three declarations.

"When we made those declarations we were very careful that whatever was laid down did not fall foul of the acquis and therefore we have an assurance that the EU counterdeclaration will not affect us."