Regulations, 2025
Table of Provisions (21)
Statutory Text (21 Articles)
L.N. 70 of 2025
POLICE ACT
(CAP. 164)
Simplification of Exchange of Information between National Law
Enforcement Authorities and other Authorities of the Member
States of the European Union having similar powers
Regulations, 2025
IN EXERCISE of the powers conferred by article 82 of the
Police Act, the Minister responsible for the police has made the
following regulations:-
(1) The title of these regulations is the Simplification of Citation and
Exchange of Information between National Law Enforcement scope.
Authorities and other Authorities of the Member States of the
European Union having similar powers Regulations, 2025.
(2) These regulations transpose Directive (EU) 2023/977 of the
European Parliament and of the Council of 10 May 2023 on the
exchange of information between the law enforcement authorities of
Member States and repealing Council Framework Decision 2006/960/
JHA.
(3) The scope of these regulations is to establish rules on the
exchange of information between the competent law enforcement
authorities for the purpose of preventing, detecting or investigating
criminal offences in particular on
(a) the establishment or designation and the organisation,
tasks, composition and capabilities of the International Relations
Unit, including on the deployment and operation of a single
electronic case management system;
(b) requests for information submitted to the Single
Points of Contact of other Member States, in particular on the
content of such requests, the provision of information pursuant
to such requests, the working languages of the Single Points of
Contact of other Member States, mandatory time limits for
providing requested information and the reasons for the refusal
of such requests;
(c) the provision by competent law enforcement
authorities, on their own initiative, of relevant information to the
Single Points of Contact of other Member States or to the
competent law enforcement authorities of other Member States,
in particular the situations and the manner in which such
information is to be provided;
(d) the default channel of communication to be used for
all exchanges of information under these regulations and the
information to be provided to the Single Points of Contact of
other Member States in relation to the exchange of information
directly between the competent law enforcement authorities.
Designated Law Enforcement Authorities pursuant to regulation
7(2)
(a)
Malta Police Force;
(b) Customs Department within the Malta Tax and
Customs Administration.
€1.80
In these regulations, unless the context otherwise requires
"competent law enforcement authority" means any police
or customs officer within the Malta Tax and Customs
Administration or other authority competent under national law
to exercise authority and to take coercive measures for the
purpose of preventing, detecting or investigating criminal
offences or any authority that takes part in joint entities set up
between two (2) or more Member States for the purpose of
preventing, detecting or investigating criminal offences, but
excludes agencies or units dealing especially with national
security issues and liaison officers seconded in accordance with
Article 47 of the Convention implementing the Schengen
Agreement of 14 June 1985 between the Governments of the
States of the Benelux Economic Union, the Federal Republic of
Germany and the French Republic on the gradual abolition of
checks at their common borders;
"designated law enforcement authority" means a competent
law enforcement authority that is authorised to submit requests
for information to the Single Points of Contact of other Member
States in accordance with regulation 7;
"directly accessible information" means information held in
a database that can be directly accessed by the International
Relations Unit, or the Single Point of Contact of another Member
State or by a competent law enforcement authority of the
Member State from whom information is requested;
"Europol Regulation" means Regulation (EU) 2016/794 of
the European Parliament and of the Council of 11 May 2016 on
the European Union Agency for Law Enforcement Cooperation
(Europol) and replacing and repealing Council Decisions 2009/
371/JHA, 2009/934/JHA, 2009/935/JHA, 2009/936/JHA and
2009/968/JHA;
"indirectly accessible information" means information that
the International Relations Unit, or a Single Point of Contact of
another Member State or a competent law enforcement authority
of the Member State from whom information is requested may
obtain from other public authorities or from private parties
established in such Member State, where permitted by and in
accordance with national law, without coercive measures;
"information" means any content concerning one (1) or
more natural or legal persons, facts or circumstances relevant to
competent law enforcement authorities for the purpose of
carrying out their tasks under national law of preventing,
detecting or investigating criminal offences, including criminal
intelligence;
"information available" means directly
accessible
information and indirectly accessible information;
"International Relations Unit" means the International
Relations Unit within the Malta Police Force and which shall be
the Single Point of Contact as established in regulation 4;"
"personal data" shall have the same meaning as assigned to
it in regulation 2 of Data Protection (Processing of Personal Data S.L. 586.08.
by Competent Authorities for the Purposes of the Prevention,
Investigation, Detection or Prosecution of Criminal Offences or
the execution of Criminal Penalties) Regulations;
"serious criminal offence" means any of the following
(a) an offence as referred to in Article 2(2) of the
EU Council Framework Decision of 13 June 2002 on the
European arrest warrant and the surrender procedures
between Member States 2002/584/JHA;
(b) an offence as referred to in Article 3(1) or (2) of
Regulation (EU) 2016/794 of the European Parliament and
of the Council of 11 May 2016 on the European Union
Agency for Law Enforcement Cooperation (Europol) and
replacing and repealing Council Decisions 2009/371/JHA,
2009/934/JHA, 2009/935/JHA, 2009/936/JHA and 2009/
968/JHA;
"Single Point of Contact of another Member State" means
the central entity having law enforcement powers established by
another Member State with the scope of exchanging information
under these regulations.
(1)
These regulations shall not apply to exchanges of Applicability.
information between the competent law enforcement authorities for
the purpose of preventing, detecting or investigating criminal offences
that are specifically regulated by other Union legal acts and national
legislation.
(2) These regulations shall not be construed as limiting the
adoption of bilateral or multilateral arrangements on cooperation and
further facilitation of exchange of information with other Member
States or third countries for the purpose of preventing, detecting or
investigating criminal offences.
(3) These regulations do not impose any obligation on national
law enforcement authorities to
(a)
obtain information by means of coercive measures;
(b) store information for the sole purpose of providing it
to the competent law enforcement authorities of other Member
States;
(c) provide information to the competent law
enforcement authorities of other Member States to be used as
evidence in judicial proceedings.
(4) These regulations do not establish any right for national
law enforcement authorities to use the information obtained pursuant
to these regulations as evidence in judicial proceedings without the
consent of the Competent law enforcement authorities that provide the
data
Provided that this sub-regulation shall apply mutatis
mutandis with respect to the use of evidence in judicial proceedings
whereby consent shall be obtained from other Member States.
It shall be ensured that all exchanges of information in
accordance with these regulations are
(a) provided to the Single Points of Contact of other
Member States or the competent law enforcement authorities of
other Member States in accordance with the principle of
availability;
(b) subject to equivalent conditions when requesting
similar information from, and providing similar information to,
the Single Points of Contact of other Member States and the
competent law enforcement authorities of other Member States
in accordance with the principle of equivalent access;
(c) protected in accordance with confidentiality
requirements laid out in the Professional Secrecy Act and any Cap. 377.
other national law or internal policies in accordance with the
principle of confidentiality;
(d) provided to another Member State or to Europol only
with the consent of, and in accordance with the conditions
imposed on its use by, the Member State or third country that
initially provided the information in accordance with the
principle of data ownership;
(e) erased or rectified or their processing is restricted, as
appropriate, and that any recipient is notified without delay,
where personal data exchanged are found to be inaccurate,
incomplete or no longer up to date in accordance with the
principle of data reliability.
(1) The International Relations Unit shall be the central Establishment
entity responsible for coordinating and facilitating the exchange of or
and tasks and
information in accordance with these regulations.
capabilities of
the International
Relations Unit.
(2) The International Relations Unit shall be equipped and
empowered to carry out at least all of the following tasks
(a) receiving and evaluating requests for information
submitted in accordance with regulation 7(7) in the languages
used by the Single Point of Contact;
(b) channelling requests for information to the relevant
designated law enforcement authorities established in the
Schedule and, where necessary, coordinating among them the
processing of such requests and the provision of information
pursuant to such requests;
(c) coordinating the analysis and structuring of
information with a view to providing it to the Single Points of
Contact of other Member States and, where applicable, to the
competent law enforcement authorities of other Member States;
(d) providing, on request or on its own initiative,
information to other Member States in accordance with
regulations 8 and 10;
(e) refusing to provide information in accordance with
regulation 9 and, where necessary, requesting clarification or
specifications in accordance with regulation 9(6);
(f)
sending requests for information to the Single Points
of Contact of other Member States in accordance with regulation
7 and, where necessary, providing clarification or specifications
in accordance with regulation 9(6).
(3) The International Relations Unit shall have access to all
information available to the competent law enforcement authorities as
necessary to carry out its tasks under these regulations.
(4) The International Relations Unit shall carry out its tasks
twenty-four (24) hours a day, seven (7) days a week. It shall be
provided with qualified staff, appropriate operational tools, technical
and financial resources, infrastructure, and capabilities, including for
translation, necessary to carry out its tasks in an adequate, effective,
and rapid manner.
(5) For the purposes of regulation 12, the Single Point of
Contact shall be granted judicial authorisations by the duty magistrate,
who shall be available twenty-four (24) hours a day, seven (7) days a
week, or the court hearing the case
Provided that the designated law enforcement authorities
listed in the Schedule shall collectively determine the organisation and
the composition of the Single Point of Contact in such a manner that it
can carry out its tasks in an efficient and effective manner.
(6) The International Relations Unit shall be composed of staff
whose involvement is necessary for the adequate and rapid exchange
of information, including at least the following in so far as Malta is
bound by the relevant law or international agreement to establish or
designate such units or bureaux
(a) the Europol National Unit established by Article 7 of
the Europol Regulation;
(b) the SIRENE Bureau as established by the Schengen
Information System (SIS) Regulations;
(c) the Interpol National Central Bureau established by
Article 32 of the Constitution of the International Criminal
Police Organisation – Interpol;
(7) The International Relations Unit shall inform the European
Commission where there are changes in relation to its establishment or
designation.
Staff pertaining to the International Relations Unit shall be
provided with adequate and regular training and shall be qualified to
carry out the following
(a) the use of data processing tools used within the
International Relations Unit, in particular Europol’s Secure
Information Exchange Network Application (SIENA) and the
single electronic case management system;
(b) the application of legislation relevant for the
activities of the International Relations Unit under these
regulations, in particular on data protection matters, on cross-
border cooperation between law enforcement authorities,
including these regulations and the Europol Regulation, and on
the handling of confidential information;
(c) the use of the languages included in the list
established by regulation 7.
(1) Requests for information submitted by the Requests for
International Relations Unit to the Single Point of Contact of another information
the International
Member State shall comply with the requirements established in sub- Relations Unit.
regulations (2) to (6).
(2) Whenever the designated law enforcement authorities
pursuant to the Schedule submit a request for information to the Single
Point of Contact of another Member State, they shall at the same time,
send a copy to the International Relations Unit.
(3) In accordance with established internal guidelines, the
designated law enforcement authorities shall send a copy of a request
for information to the International Relations Unit while submitting
the request to the Single Point of Contact of another Member State,
including in case of
(a) an ongoing highly sensitive investigation for which
the processing of information requires an appropriate level of
confidentiality;
(b) terrorism cases not involving emergency or crisis
management situations;
(c)
the safety of an individual.
(4) Requests for information shall be submitted to the Single
Point of Contact of another Member State only where there are
objective reasons to believe, in accordance with internal guidelines,
that
(a) the requested information is necessary for and
proportionate to achieving the purpose referred to in regulation
1; and
(b) the requested information is available to such other
Member State.
(5) Any request for information submitted to the Single Point
of Contact of another Member State shall specify whether it is urgent
and, if so, it shall give reasons for the urgency. Such requests for
information shall be considered urgent where, having regard to all
relevant facts and circumstances of the case at hand, there are
objective reasons to believe that the requested information is one or
more of the following
(a) essential for the prevention of an immediate and
serious threat to the public security of Malta or another Member
State;
(b) necessary in order to prevent an imminent threat to
life or the physical integrity of a person;
(c) necessary to adopt a decision that might involve the
maintenance of restrictive measures amounting to a deprivation
of liberty;
(d) at imminent risk of losing relevance if not provided
urgently and is considered important for the prevention,
detection, or investigation of criminal offences.
(6) Requests for information submitted to the Single Point of
Contact of another Member State shall contain all necessary details to
allow for their adequate and rapid processing, including at least the
following
(a) a specification of the requested information that is as
detailed as reasonably possible under the given circumstances;
(b) a description of the purpose for which the information
is requested, including a description of the facts and indication of
the underlying offence;
(c) the objective reasons for which it is believed that the
requested information is available to the International Relations
Unit;
(d) an explanation of the connection between the purpose
for which the information is requested and any natural or legal
person or entity to which the information relates, where
applicable;
(e)
the reasons for which the request is considered
urgent, where applicable, in accordance with sub-regulation (5);
(f) restrictions on the use of the information contained in
the request for purposes other than those for which it has been
submitted.
(7) The International Relations Unit shall establish and keep up
to date a list indicating one or more of the languages, including
English, in which it is able to exchange information. This list shall be
provided to the European Commission.
(8) The International Relations Unit shall ensure that requests
for information and information submitted on their own initiative are
provided to the Single Point of Contact of another Member State in
one of the languages included in the list established by such other
Member State.
(9) The competent law enforcement authorities shall, when
providing information on their own initiative, submit that information
in one of the languages included in the list established by the Single
Point of Contact of such other Member State.
(1) The International Relations Unit shall provide the Provision of
information requested in accordance with regulation 7 as soon as information
pursuant to
possible and in any event within the following time limits, as requests
International
applicable
Relations Unit.
(a) eight (8) hours in the case of urgent requests relating
to directly accessible information;
(b) three (3) calendar days in the case of urgent requests
relating to indirectly accessible information;
(c) seven (7) calendar days in the case of all other
requests
Provided that the time limits established in this sub-
regulation shall commence as soon as the request for information is
received.
(2) Without prejudice to any other provision under the Data Cap. 586.
Protection Act or the Data Protection (Processing of Personal Data by S.L. 586.08.
Competent Authorities for the Purposes of the Prevention,
Investigation, Detection or Prosecution of Criminal offences or the
Execution of Criminal Penalties) Regulations, the International
Relations Unit shall exchange information already available to it with
other competent law enforcement authorities of other Member States
as if these were established in Malta.
(3) Where the information may, in accordance with any
relevant provision of Maltese law, be accessed by the International
Relations Unit only pursuant to an authorisation of a judicial authority,
the International Relations Unit shall refrain from communicating the
information to the competent law enforcement authorities of other
Member States, unless judicial authorities authorise the
communication of such information. Such authorisation shall always
be sought whenever the requesting authority requests access to
information connected to any inquiry relating to the in genere, or any
inquest or repertus or whenever the information is required for use as
evidence
Provided that authorisation shall be sought by the Attorney
General whenever a competent law enforcement authority, including
that of another Member State, requests access to information
connected to a closed inquest or repertus.
(4)
The International Relations Unit shall do the following
(a) immediately inform the Single Point of Contact or,
where applicable, the designated law enforcement authority of
the requesting Member State of the expected delay, specifying
the length of the expected delay and the reasons thereof; and
(b) subsequently keep the Single Point of Contact, or
where applicable, the designated law enforcement authority of
the requesting Member State updated and provide the requested
information as soon as possible after obtaining the judicial
authorisation.
(5) The International Relations Unit shall provide the
information requested in accordance with regulation 7 to the Single
Point of Contact or, where applicable, the designated law enforcement
authority of the requesting Member State in the language in which that
request for information was submitted in accordance with regulation
7(7).
(6) The International Relations Unit shall send a copy of the
requested information to the Single Point of Contact of the requesting
Member State at the same time as providing the requested information
to the designated law enforcement authority of such other Member
State.
(7) The International Relations Unit may not send, at the same
time as providing information to the designated law enforcement
authorities of another Member State, a copy of that information to the
Single Point of Contact of such other Member State where it would
jeopardise one or more of the following
(a) an ongoing highly sensitive investigation for which
the processing of information requires an appropriate level of
confidentiality;
(b) terrorism cases not involving emergency or crisis
management situations;
(c)
the safety of an individual.
(1) The International Relations Unit shall only refuse to Refusals of
provide the information requested in accordance with regulation 6, in requests
information.
so far as any of the following reasons apply
(a) the requested information is not available to the
International Relations Unit and the competent law enforcement
authorities of Malta;
(b) the request for information does not meet the
requirements established in regulation 7;
(c) the judicial authorisation required in accordance with
regulation 12 was refused;
(d) the requested information constitutes personal data
other than those falling within the categories of personal data
referred to in regulation 13(b);
(e) the requested information has been found to be
inaccurate, incomplete or no longer up to date and cannot be
provided in accordance with regulation 7(2) and (3) of Data S.L. 586.08.
Protection (Processing of Personal Data by Competent
Authorities for the Purposes of the Prevention, Investigation,
Detection or Prosecution of Criminal Offences or the Execution
of Criminal Penalties) Regulations;
(f) there are objective reasons to believe that the
provision of the requested information would
(i) be contrary to or would harm the essential
interests of the national security of Malta;
(ii) jeopardise the success of an ongoing
investigation of a criminal offence or the safety of an
individual;
(iii) unduly harm the protected important interests
of a legal person;
(g)
the request pertains to
(i) a criminal offence punishable by a maximum
term of imprisonment of one (1) year or less in accordance
with the laws of Malta; or
(ii)
a matter that is not a criminal offence in Malta;
(h) the requested information was initially obtained from
another Member State or a third country and such Member State
or third country has not consented to the provision of the
information.
(2) Due diligence shall be exercised when assessing whether
the request for information submitted to the International Relations
Unit is in accordance with the requirements established in regulation 7,
inter alia when there is a manifest breach of fundamental rights.
(3) Any refusal of a request for information shall affect only
the part of the requested information to which the reasons established
in the sub-regulation (1) relate and shall, where applicable, not affect
the obligation to provide the other parts of the information in
accordance with these regulations.
(4) The refusals and reasons for refusal shall be recorded in the
single electronic case management system for auditing purposes.
(5) The International Relations Unit shall inform the Single
Point of Contact or, where applicable, the designated law enforcement
authority of the requesting Member State, about the refusal of the
request for information, specifying the reasons for such refusal, within
the time limits established in regulation 8(1).
(6) The International Relations Unit shall immediately request,
from the Single Point of Contact or, where applicable, the designated
law enforcement authority of the requesting Member State,
clarification or specifications needed to process a request for
information that otherwise would have to be refused
Provided that the time limits established in regulation 8(1)
shall be suspended from the moment that the Single Point of Contact
or, where applicable, the designated law enforcement authority of the
requesting Member State, receive the request for clarification or
specifications until the moment the requested clarifications or
specifications are provided.
(7) Refusals of requests for information, reasons for such
refusals and requests for clarification or specifications and
clarification or specifications as referred to in sub-regulation (6), as
well as any other communications relating to the requests for
information submitted to the Single Point of Contact of another
Member State, shall be transmitted in the language in which that
request was submitted in accordance with regulation 7(7).
(1) The International Relations Unit may, through the Own-initiative
competent law enforcement authorities, provide information on its provision
information.
own initiative to the Single Points of Contact or to the competent law
enforcement authorities of other Member States, where there are
reasonable grounds for considering that such information could be
relevant to those other Member States for the purpose of preventing,
detecting or investigating criminal offences.
(2) The Commissioner of Police shall issue guidelines for the
International Relations Unit and the designated law enforcement
authorities regarding the own-initiative provision of information.
(3) The International Relations Unit or the competent law
enforcement authorities shall provide, on their own initiative,
information available at their end to the Single Points of Contact or to
the competent law enforcement authorities of other Member States
where there are objective reasons to believe that such information
could be relevant to those other Member States for the purpose of
preventing, detecting or investigating serious criminal offences.
(4) Notwithstanding the provision of sub-regulation (1), the
International Relations Unit or the competent law enforcement
authorities shall not provide information in cases referred to in
regulation 9(1)(c) or (f).
(5) When providing information on its own initiative, the
International Relations Unit shall copy in the Single Point of Contact
of the other Member State when exchanging information with the
competent law enforcement authorities of the other Member State.
(6) When providing information on their own initiative, the
competent law enforcement authorities shall ensure, where
appropriate, that both the International Relations Unit and the Single
Point of Contact of the other Member State are copied in when
information is exchanged.
(7) The competent law enforcement authorities shall send, at
the same time as providing information to the Single Point of Contact
or the competent law enforcement authorities of another Member
State, a copy of such information to the International Relations Unit or
the Single Point of Contact of the other Member State, or the
competent law enforcement authorities of the other Member State, as
the case may be, including in cases of
(a) an ongoing highly sensitive investigation for which
the processing of information requires an appropriate level of
confidentiality;
(b) terrorism cases not involving emergency or crisis
management situations;
(c)
the safety of an individual.
(1) Where the International Relations Unit submits a
request for information directly to a competent law enforcement
authority of another Member State, it shall transmit a copy of such
request to the Single Point of Contact of the other Member State.
(2) The designated law enforcement authorities listed in the
Schedule shall send at the same time, a copy of the information
requested to the International Relations Unit and to the Single Point of
Contact of the other Member State.
(3) The designated law enforcement authorities listed in the
Schedule shall send copies of requests for information and copies of
information to the International Relations Unit and the Single Point of
Contact of another Member State, at the same time as it sends requests
for information or sends information collected in accordance with a
request to the competent law enforcement authorities of another
Member State.
(4) The International Relations Unit or the designated law
enforcement authorities listed in the Schedule may not send copies of
requests or information where it would jeopardise one or more of the
following
(a) an ongoing highly sensitive investigation for which
the processing of information requires an appropriate level of
confidentiality;
(b) terrorism cases not involving emergency or crisis
management situations;
(c)
the safety of an individual.
(1) Judicial authorisation is not required to provide
information to the Single Point of Contact or to the competent law
enforcement authorities of another Member State in exchanges of
information under regulations 7 to 11.
(2) The International Relations Unit shall immediately take all
necessary steps to obtain judicial authorisation as soon as possible in
order to provide the necessary information requested by the Single
Point of Contact or to the competent law enforcement authorities of
other Member States.
(3) Requests for judicial authorisation shall be assessed and
decided upon in accordance with national law.
When providing personal data following a request for Additional rules
information, the International Relations Unit and competent law for
constituting
enforcement authorities shall ensure that
personal data.
(a) the personal data are accurate, complete and up to
date, in accordance with regulation 7(2) of the Data Protection S.L. 586.08.
(Processing of Personal Data by Competent Authorities for the
Purposes of the Prevention, Investigation, Detection or
Prosecution of Criminal Offences or the Execution of Criminal
Penalties) Regulations;
(b) the categories of personal data provided per category
of data subject remain limited to those listed in Section B of
Annex II to the Europol Regulation, and are necessary for and
proportionate to achieving the purpose of the request;
(c) they provide, at the same time and in so far as
possible, the necessary elements enabling the Single Point of
Contact or the competent law enforcement authority of another
Member State to assess the degree of accuracy, completeness and
reliability of the personal data and the extent to which the
personal data are up to date.
(1) The International Relations Unit or designated law Provision of
enforcement authorities listed in the Schedule shall assess, on a case- information
Europol.
by-case basis and subject to Article 7(7) of the Europol Regulation,
whether it is necessary to send a copy of the request for information or
of the information provided to Europol, in so far as the information to
which the communication relates concerns offences falling within the
scope of the objectives of Europol established in Article 3 of the
Regulation.
(2) Prior to sending a copy of a received request for
information or a copy of received information to Europol, the
International Relations Unit or designated law enforcement authorities
listed in the Schedule shall ensure that consent was duly obtained from
the Single Point of Contact or competent law enforcement authorities
of the other Member State or third country.
(3) When a copy of a request for information or a copy of the
information is sent to Europol, the purposes of the processing of the
information and any possible restrictions to such processing pursuant
to Article 19 of the Europol Regulation, shall be duly communicated to
Europol.
(1) The International Relations Unit and the designated
law enforcement authorities listed in the Schedule shall use Europol’s
Secure Information Exchange Network Application (SIENA) as the
default channel to send requests for information, to provide
information pursuant to such requests or to provide information on
their own initiative in accordance with regulations 9 to 13 and 14.
(2) SIENA shall not be used to send requests for information or
to send information on their own or pursuant to a request under
regulations 7 to 11 and 14 in one (1) or more of the following cases
(a) the exchange of information requires the involvement
of third countries or international organisations or there are
objective reasons to believe that such involvement will be
required at a later stage, including through the Interpol
communication channel;
(b) the urgency of the request for information requires
the temporary use of another communication channel;
(c) an unexpected technical or operational incident
prevents the International Relations Unit or the competent law
enforcement authorities from using SIENA to exchange the
information.
(3) It shall be ensured that the International Relations Unit and
all designated law enforcement authorities listed in the Schedule are
directly connected to SIENA, including where appropriate, through
mobile devices, for the purposes of these regulations.
(1) The International Relations Unit shall deploy and
operate a single electronic case management system as a repository
that allows it to carry out its tasks under these regulations. The single
electronic case management system shall have, at a minimum, the
following functions and capabilities
(a) recording the incoming and outgoing requests for
information as referred to in regulations 8 and 11 and any other
communications relating to such requests with Single Points of
Contact and, where applicable, the competent law enforcement
authorities of other Member States, including information about
refusals of requests for information and requests for and the
provision of clarification or specifications as referred to in the
provisions of regulation 9(5) and (6) respectively;
(b) recording the communications between the
International Relations Unit and the competent law enforcement
authorities, pursuant to regulation 5(2)(b);
(c) recording the provisions of information to the
International Relations Unit and, where applicable, to the
competent law enforcement authorities of other Member States
in accordance with regulations 8, 10 and 11;
(d) cross-checking the incoming requests for information
as referred to in regulations 8 and 11 against information
available to the International Relations Unit, including
information provided in accordance with regulations 8(6) and
10(5) and other relevant information recorded in the single
electronic case management system;
(e) ensuring adequate and rapid follow-up to incoming
requests for information as referred to in regulation 7, in
particular with a view to respecting the time limits for the
provision of the requested information established in regulation
8;
(f) be interoperable with SIENA, ensuring in particular,
that incoming communications through SIENA can be directly
recorded in, and that outgoing communications through SIENA
can be directly sent from, the single electronic case management
system;
(g) generating statistics in respect of exchanges of
information under these regulations for evaluation and
monitoring purposes, in particular for the purposes of regulation
18;
(h) logging access and other processing operations in
relation to the information contained in the single electronic case
management system, for accountability and cybersecurity
purposes, in accordance with regulation 25 of the Data S.L. 586.08.
Protection (Processing of Personal Data by Competent
Authorities for the Purposes of the Prevention, Investigation,
Detection or Prosecution of Criminal Offences or the Execution
of Criminal Penalties) Regulations.
(2) All cybersecurity risks relating to the single electronic case
management system, in particular as regards its architecture,
governance and control, are managed and addressed in a prudent and
effective manner and that adequate safeguards against unauthorised
access and abuse are provided for.
(3) The single electronic case management system shall
contain personal data only for as long as it is necessary and
proportionate for the International Relations Unit to carry out the tasks
assigned to it under these regulations, and any personal data contained
therein shall be subsequently and irrevocably deleted.
(4) For the purpose of sub-regulation (3) on the deletion of
personal data, the International Relations Unit shall review the data
stored in the single electronic case management system within six (6)
months from when an exchange of information has been concluded,
and subsequently at every six (6) month interval.
(1) The International Relations Unit and competent law
enforcement authorities shall ensure practical cooperation among them
on the basis of established guidelines, inter-departmental agreements,
regular meetings and common training.
(2) The Head of the International Relations Unit, or any officer
delegated by the Head shall, at least on an annual basis, assess the
quality of the cooperation between competent authorities, discuss
necessary technical or organisational measures in the event of any
difficulties and clarify procedures where required.
(1) By 1st March of each year, the International Relations
Unit shall provide the Commission with statistics on the exchanges of
information with other Member States which took place during the
previous calendar year.
(2) The statistics provided to the Commission shall cover, as a
minimum
(a) the number of requests for information submitted by
the International Relations Unit and, where relevant, by
competent law enforcement authorities;
(b) the number of requests for information that the
International Relations Unit and the competent law enforcement
authorities received and the number of requests for information
to which they replied, broken down by urgent and non-urgent
requests and by requesting Member State;
(c)
the number of requests for information refused
pursuant to regulation 9, broken down by requesting Member
State and by ground for refusal;
(d) the number of cases in which there was a deviation
from the time limits established in regulation 8(1) because it was
necessary to obtain a judicial authorisation in accordance with
regulation 8(2), broken down by the Member States that
submitted the requests for information concerned.
The Simplification of Exchange of Information or Repeal and
Intelligence between the Malta Police Force and other State Agencies saving.
of the Member States of the European Union having similar powers
Regulations are hereby repealed without prejudice to anything done or
omitted to be done thereunder.