SIMPLIFICATION OF EXCHANGE OF INFORMATION OR INTELLIGENCE BETWEEN THE MALTA POLICE FORCE AND OTHER STATE

SIMPLIFICATION OF EXCHANGE OF INFORMATION OR

INTELLIGENCE BETWEEN THE MALTA POLICE FORCE AND OTHER

STATE AGENCIES OF THE MEMBER STATES OF THE EUROPEAN

UNION HAVING SIMILAR POWERS

SUBSIDIARY LEGISLATION 164.02

SIMPLIFICATION OF EXCHANGE OF

INFORMATION OR INTELLIGENCE BETWEEN

THE MALTA POLICE FORCE AND OTHER STATE

AGENCIES OF THE MEMBER STATES OF THE

EUROPEAN UNION HAVING SIMILAR POWERS

REGULATIONS *

6th May, 2016

LEGAL NOTICE 145 of 2016.

(1) The title of these regulations is the Simplification of

Exchange of Information or Intelligence between the Malta Police

Force and other State Agencies of the Member States of the

European Union having similar powers Regulations.

(2) These regulations transpose Council Framework Decision

2006/960/JHA of 18 December 2006 on simplifying the exchange

of information and intelligence between law enforcement

authorities of the Member States of the European Union.

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

of already available information or intelligence between the Malta

Police Force and the other state agencies of the Member States

having similar powers where there are factual reasons to believe

that the information or intelligence could assist in the detection,

prevention or investigation of criminal offences.

For the purpose of these regulations

"Act" means the Police Act;

"Eurojust" shall have the same meaning assigned to it by Council

Decision 2002/187/JHA on setting up Eurojust, as amended by

Council Decision 2003/659/JHA, and Council Decision 2009/426/

JHA of 16 December 2008 on the strengthening of Eurojust;

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

in the Treaty;

"Europol" shall have the same meaning assigned to it by Council

Decision 2009/371/JHA establishing the European Police Office of

6 April 2009;

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

European Union;

"State agencies having similar powers" means the Police,

Customs Department or other authority that is authorised by

national law to detect, prevent and investigate offences or criminal

activities and to exercise authority and take coercive measures in

the context of such activities and excludes authorities, bodies,

*These regulations have been repealed by Legal Notice 70 of 2025.

SIMPLIFICATION OF EXCHANGE OF INFORMATION OR

INTELLIGENCE BETWEEN THE MALTA POLICE FORCE AND OTHER

STATE AGENCIES OF THE MEMBER STATES OF THE EUROPEAN

UNION HAVING SIMILAR POWERS

agencies or units dealing especially with national security issues.

For the purpose of these regulations, the European Police Office

"Europol" and "Eurojust" shall be considered as state agencies

having similar powers;

"the Data Protection Regulations" means the Data Protection

(Processing of Personal Data in the Police Sector) Regulations and

the Processing of Personal Data (Police and Judicial Cooperation in

Criminal Matters) Regulations;

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

2 of the European Union Act.

(1) Without prejudice to any other provision under the Act

or the Data Protection Regulations, the Police shall exchange

information or intelligence already available to it with other state

agencies of other Member States having similar powers as if these

state agencies were established in Malta.

(2) Where the information or intelligence may, under any

relevant provision of Maltese law, be accessed by the Police only

pursuant to an agreement or authorisation of a judicial authority,

the Police shall refrain from communicating the information or

intelligence to the state agencies of other Member States having

similar powers, unless the Attorney General agrees or authorises

the communication of such information or intelligence. Such

agreement or authorisation shall always be sought whenever the

requesting agency requests access to information or intelligence

related to any inquiry relating to the "in genere", or any inquest or

"repertus" or whenever the information or intelligence is required

for use as evidence.

(1) Where a request for communication of information or

intelligence by a State agency in another Member State having

similar powers requires the Police to respond within a given time

limit, the Police shall reply within such time limit, unless the

information or intelligence is not available or if there are

justifications impeding such a response.

(2) The Police shall reply in writing informing the body

making the request of the decision taken as to whether the request

can be met or not.

(3) The Police may refrain to communicate information or

intelligence only if there are factual reasons to assume that the

communication would

(a) harm essential national security interests of Malta; or

(b) jeopardise the success of a current investigation or a

criminal intelligence operation or the safety of

individuals; or

(c) clearly be disproportionate or irrelevant with regard to

the purpose for which it has been requested.

(4) Where the request pertains to an offence punishable by a

term of imprisonment of one year or less under any relevant

p r o v i s i o n o f M a l t e s e l a w, t h e P o l i c e m a y r e f r a i n f r o m

SIMPLIFICATION OF EXCHANGE OF INFORMATION OR

INTELLIGENCE BETWEEN THE MALTA POLICE FORCE AND OTHER

STATE AGENCIES OF THE MEMBER STATES OF THE EUROPEAN

UNION HAVING SIMILAR POWERS

communicating such data.

(5) The Data Protection Regulations and other provisions on

data protection shall apply to the exchange of information or

intelligence depending on the chosen channel of communication.