other Member States Regulations, 2016

L.N. 135 of 2016

CONDUCT CERTIFICATES ORDINANCE

(CAP. 77)

Organisation and Content of the Exchange of Information

Extracted from the Criminal Record between Malta and

other Member States Regulations, 2016

IN EXERCISE of the powers conferred by article 10 of the

Conduct Certificates Ordinance, the Minister for Home Affairs and

National Security has made the following regulations:-

(1) The title of these regulations is the Organisation and

Content of the Exchange of Information Extracted from the Criminal

Record between Malta and other Member States Regulations, 2016.

(2) These regulations transpose Council Framework Decision

2009/315/JHA of 26 February 2009 on the organisation and content

of the exchange of information extracted from the criminal record

between Member States.

(3) The scope of these regulations is to regulate the exchange

of information extracted from the criminal records concerning natural

persons between Malta and other Member States.

[Regulations 5(4) and 8(1) and (2)]

Request for information extracted from the criminal record

The National Central Authority is to consult the Manual of

Procedures for assistance in filling in this form correctly

(a) Information on the requesting Member State

Member State

Central authority

Contact person

Telephone (with STD code)

Fax (with STD code)

E-mail address

Correspondence address

File reference, if known

(b) Information on the identity of the person concerned by

the request ( * )

Full name (forenames and all surnames)

Previous names

Pseudonym and, or alias, if any

M 

F 

Nationality

Date of birth (in figures: dd/mm/yyyy)

Place of birth (town and State)

Father’s name

Mother’s name

Residence or known address

Person’s identity number of type and number of the person’s

identification document

Fingerprints

Other available identification information

(c)

Purpose of the request

Please tick the appropriate box

criminal proceedings (please identify the authority

before which the proceedings are pending and, if

available the case reference number) ........................

request outside the context of criminal proceedings

* To facilitate the identification of the person as much information as possible is

to be provided.

(please identify the authority before which the

proceedings are pending and, if available, the case

reference number, while ticking the relevant box)



(i)

from a judicial authority ...................................



(ii)

from a competent administrative authority .......



(iii)

from the person concerned for information on

own criminal record .........................................

Purpose for which the information is requested

Requesting authority

 the person concerned does not consent for this information

to be divulged (if the person concerned was asked for its

consent in accordance with the law o f the requesting

Member State).

Contact person for any further information needed

Name

Telephone

E-mail address

Other information (e.g. urgency of the request)

For the purpose of these regulations

"conviction" means any final judgment of a court of criminal

jurisdiction against a natural person in respect of a criminal offence,

to the extent that these judgments are entered in the national register

of the criminal records;

"criminal proceedings" means the pre-trial stage, the trial stage

itself and the execution of the conviction;

"criminal record" means the national register of criminal records

which records convictions in accordance with Maltese legislation;

"the European Union" means the European Union as referred to

in the Treaty;

"Member State" means any one of the Member States of the

European Union;

"National Central Authority" means the Commissioner of Police

who, through the Criminal Records Office, is the designated central

authority responsible for the national register of the criminal records;

"the Treaty" shall have the same meaning assigned to it by

article 2 of the European Union Act.

[Regulations 6(5) and 7(1)]

Reply to the request

The National Central Authority is to consult the Manual of

Procedures for assistance in filling in this form correctly

Information relating to the person concerned

Please tick the appropriate box

The undersigned authority confirms that

 there is no information on convictions in the criminal

record of the person concerned

 there is information on convictions entered in the criminal

record of the person concerned; a list of conviction is

attached

 there is other information entered in the criminal record of

the person concerned; such information is attached

(optional)

 there is information on convictions entered in the criminal

record of the person concerned but the convicting Member

State intimated that the information about these

convictions may not be retransmitted for any purposes

other than that of criminal proceedings. The request for

more information may be sent directly to ...........................

(please indicate the convicting Member State)

 in accordance with the Maltese legislation of the requested

Member State, requests made for any purposes other than

that of criminal proceedings may not be dealt with.

Contact person for any further information needed

Name

Telephone

E-mail address

Other information (limitations of use of the data concerning

requests outside the context of criminal proceedings

Please indicate the number of pages attached to the reply form

Done at

On

Signature and official stamp (if appropriate)

Name and position/organisation

If appropriate, please attach a list of convictions and send the

complete package to the requesting Member State. It is not necessary

B

to translate the form or the list into the language of the requesting

Member State.

€0.99

(1) The National Central Authority shall take the Obligations of

necessary measures to ensure that all convictions handed down within the

Central

the Maltese territory are accompanied, when provided to its criminal Authority

Malta is the

record, by information on the nationality or nationalities of the convicting

Member State.

convicted person if s/he is a national of another Member State.

(2) The National Central Authority shall, as soon as possible,

inform the central authorities of the other Member States of any

convictions handed down within the Maltese territory against the

nationals of such other Member States, as entered in the criminal

record

Provided that if it is known that the convicted person is a

national of several Member States, the National Central Authority

shall transmit relevant information to each of these Member States,

even if the convicted person is a Maltese national.

(3) Information on subsequent alteration or deletion of

information contained in the criminal record shall be immediately

transmitted by the National Central Authority to the central authority

of the Member State of the person’s nationality.

(4) The National Central Authority which has provided

information in accordance with sub-regulations (2) and (3) shall

communicate to the central authority of the Member State of the

person’s nationality, on the latter’s request in individual cases, a copy

of the convictions and subsequent measures as well as any other

information relevant thereto in order to enable it to consider whether

they necessitate any measure at national level.

(1) Any information transmitted by the central Obligations of

authorities of other Member States about convictions handed down the

Central

within their territory against Maltese nationals shall be stored by the Authority.

National Central Authority in accordance with regulation 9(2).

(2) Any alteration or deletion of information transmitted by

the central authorities of other Member States to the National Central

Authority shall entail identical alteration or deletion by the National

Central Authority regarding information stored in accordance with

sub-regulation (1) for the purpose of re-transmission.

(3) For the purpose of re-transmission, the National Central

Authority may only use information which has been updated in

accordance with sub-regulation (2).

(1) When information from the criminal record of a

Member State is requested for the purposes of criminal proceedings

against a person or for any other purposes other than that of criminal

proceedings, the National Central Authority may, in accordance with

Maltese legislation, submit a request to the central authority of

another Member State for information and related data to be extracted

from the criminal record.

(2) When a person asks for information on his own criminal

record, the National Central Authority may, in accordance with these

regulations, submit a request to the central authority of another

Member State for information and related data to be extracted from

the criminal record, provided the person concerned is or was a

resident or a national of Malta or of the requested Member State

Provided that if the National Central Authority is the

requested Member State, the National Central Authority shall

transmit its reply within twenty working days from the date the

request was received.

(3) Whenever a non-Maltese national asks the National

Central Authority for information on his/her own criminal record, the

National Central Authority shall submit a request to the central

authority of the Member State of the person’s nationality for

information and related data to be extracted from the criminal record

in order to be able to include such information and related data in the

extract to be provided to the person concerned.

(4) All requests for information and relevant data shall be

submitted using the form set out in Schedule I.

(1) When information extracted from the criminal

record of a Maltese national is requested from the National Central

Authority, for the purposes of criminal proceedings, the National

Central Authority shall transmit to the central authority of the

requesting Member State information on

(a)

convictions handed down within the Maltese

territory and entered in the criminal record;

(b) any convictions handed down in other Member

States which were transmitted to the National Central Authority

and entered in the criminal record;

(c)

any convictions handed down in third countries and

subsequently transmitted to the National Central Authority and

entered in the criminal record.

(2) When information extracted from the criminal record of a

Maltese national is requested from the National Central Authority, for

any purposes other than that of criminal proceedings, the National

Central Authority shall in respect of convictions handed down within

its territory, and of convictions handed down in third countries, which

have been subsequently transmitted to it and entered in the criminal

records, reply in accordance with Maltese legislation

Provided that with regard to any information on a Maltese

national regarding convictions handed down in another Member

State, which has been transmitted to the National Central Authority,

the latter shall in accordance with Maltese legislation transmit to the

requesting Member State the information which has been stored in

accordance with regulation 9(2) as well as the information which has

been transmitted to it, and has been entered in its criminal record

Provided also that when transmitting information in

accordance with regulation 3, the National Central Authority may

inform the central authority of the other Member State of the person’s

nationality that the information on convictions handed down in Malta

and transmitted to the latter central authority may not be re-

transmitted for any purposes other than that of criminal proceedings

Provided further that when the central authority of the

other Member State transmits information on Maltese nationals

regarding convictions handed down in another Member State, the

National Central Authority shall not re-transmit the information if the

central authority of the other Member State informs the former that

the information may not be transmitted for any purposes other than of

criminal proceedings. In this case, the National Central Authority

shall, in respect of such convictions, inform the requesting Member

State which other Member State had transmitted such information so

as to enable the requesting Member State to submit a request directly

to the convicting Member State in order to receive information on

such convictions.

(3) When information by a third country is requested from the

criminal record of a Maltese national, the National Central Authority

may reply in respect of convictions transmitted by another Member

State only within the limitations applicable to the transmission to

other Member States in accordance with sub-regulations (1) and (2).

(4) When information extracted from the criminal record of a

non-Maltese national is requested, the National Central Authority

shall transmit information on convictions handed down in Malta and

on convictions handed down against third country nationals and

against stateless persons contained in its criminal record to the same

extent as provided for in Article 13 of the European Convention on

Mutual Assistance in Criminal Matters.

(5) The reply shall be made using the form set out in Schedule

II. It shall be accompanied by a list of convictions, as provided for by

Maltese legislation.

(1) When information from the National Central

Authority is requested for the purposes of criminal proceedings

against a person or for any purposes other than that of criminal

proceedings, the National Central Authority shall transmit its replies

immediately and in any event within a period not exceeding ten

working days from the date the request was received, as provided for

by Maltese legislation, rules or practice, using the form set out in

Schedule II

Provided that, when the National Central Authority

requires further information to identify the person involved in the

request, it shall immediately consult the requesting Member State

with a view to providing a reply within ten working days from the

date the additional information is received.

(2) The National Central Authority shall reply to any requests

either in Maltese or English, or in any other language accepted by the

National Central Authority and the requesting State. When the

National Central Authority is the requesting State, the language used

shall be either Maltese or English.

(1) Personal data provided by the central authorities of

other Member States may be used by the National Central Authority

only for the purposes of the criminal proceedings for which it was

requested, as specified in the form set out in Schedule I.

(2) Personal data provided by the central authorities of other

Member States for any purposes other than that of criminal

proceedings may be used by the National Central Authority in

accordance with Maltese legislation only for the purposes for which it

was requested and within the limits specified in the form set out in

Schedule I.

(3) Without prejudice to sub-regulations (1) and (2), personal

data provided by the central authorities of other Member States may

be used for preventing an immediate and serious threat to public

security.

(4) The National Central Authority shall take the necessary

measures to ensure that personal data received from another Member

State, if transmitted to a third country in accordance with regulation

6(3), is subject to the same usage limitations as those applicable in a

requesting Member State in accordance with sub-regulation (2) of this

regulation. The National Central Authority shall specify that personal

data, if transmitted to a third country for the purposes of criminal

proceedings, may be further used by that third country only for the

purposes of criminal proceedings.

(5) This regulation does not apply to personal data obtained by

a Member State under these regulations and originating from that

Member State.

(1) When transmitting information in accordance with Obligations of

regulation 3(2) and (3), the National Central Authority shall transmit the

Central

the following information

Authority when

transmitting

information.

(a) information that shall always be transmitted, unless,

in individual cases, such information is not known to the

National Central Authority (obligatory information)

(i) information on the convicted person (full

name, date of birth, place of birth (town and State), gender,

nationality and - if applicable - previous name(s));

(ii) information on the nature of conviction (date

of conviction, name of the court, date on which the

judgment became final);

(iii) information on the offence giving rise to the

conviction (date of the offence underlying the conviction

and name or legal classification of the offence as well as

reference to the applicable legal provisions); and

(iv) information on the contents of the conviction

(notably the judgment as well as any supplementary

penalties, security measures and subsequent decisions

modifying the enforcement of the judgment);

(b) information that shall be transmitted if entered in the

criminal record (optional information)

(i)

the convicted person’s parents’ names;

(ii) the reference number of the conviction;

(iii) the place of the offence; and

(iv) disqualifications arising from the conviction;

(c) information that shall be transmitted, if available to

the National Central Authority (additional information)

(i) the convicted person’s identity number, or the

type and number of the person’s identification document;

(ii) fingerprints, which have been taken from that

person; and

(iii) if applicable, pseudonym and, or alias

name(s)

Provided that the National Central Authority may transmit

any other information concerning convictions entered in the criminal

record.

(2) The National Central Authority shall store all information

of the types listed in sub-regulation (1)(a) and (b), which it has

received from other central authorities regarding convictions handed

down in other Member States regarding offences committed by

Maltese nationals for the purpose of re-transmission in accordance

with regulation 6. For the same purpose, the National Central

Authority may store the information of the types listed in sub-

regulation (1)(c).