SIMPLIFICATION OF EXCHANGE OF INFORMATION BETWEEN NATIONAL LAW ENFORCEMENT AUTHORITIES AND OTHER AUTHORITIES OF THE

BETWEEN NATIONAL LAW ENFORCEMENT

AUTHORITIES AND OTHER AUTHORITIES OF THE

MEMBER STATES OF THE EUROPEAN UNION HAVING

SIMILAR POWERS

SUBSIDIARY LEGISLATION 164.06

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

8th April, 2025

LEGAL NOTICE 70 of 2025.

(1)

The title of these regulations is the 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.

(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

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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

(a)

Malta Police Force;

(b)

Customs Department within the Malta Tax and

Customs Administration.

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

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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 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

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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;

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(c)

protected in accordance with confidentiality

requirements laid out in the Professional Secrecy Act and any

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 entity responsible for coordinating and facilitating the

exchange of information in accordance with these regulations.

(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

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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

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(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

International Relations Unit to the Single Point of Contact of another

Member State shall comply with the requirements established in sub-

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

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(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;

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(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

information requested in accordance with regulation 7 as soon as

possible and in any event within the following time limits, as

applicable

(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

Protection Act or the Data 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, the International

Relations Unit shall exchange information already available to it with

other competent law enforcement authorities of other Member States

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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

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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 provide the information requested in accordance with regulation 6,

in 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

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

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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

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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

competent law enforcement authorities, provide information on its

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.

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(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.

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(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

information, the International Relations Unit and competent law

enforcement authorities shall ensure that

(a)

the personal data are accurate, complete and up to

date, in accordance with regulation 7(2) of the Data 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;

(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 enforcement authorities listed in the Schedule shall assess, on a

case-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

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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

BETWEEN NATIONAL LAW ENFORCEMENT

AUTHORITIES AND OTHER AUTHORITIES OF THE

MEMBER STATES OF THE EUROPEAN UNION HAVING

SIMILAR POWERS

(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

Protection (Processing of Personal Data by Competent

BETWEEN NATIONAL LAW ENFORCEMENT

AUTHORITIES AND OTHER AUTHORITIES OF THE

MEMBER STATES OF THE EUROPEAN UNION HAVING

SIMILAR POWERS

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

BETWEEN NATIONAL LAW ENFORCEMENT

AUTHORITIES AND OTHER AUTHORITIES OF THE

MEMBER STATES OF THE EUROPEAN UNION HAVING

SIMILAR POWERS

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.