EXCHANGE OF INFORMATION AND REPORTING OF CRIME CONCERNING FRAUD AND COUNTERFEITING OF NON-CASH MEANS OF

EXCHANGE OF INFORMATION AND REPORTING OF

CRIME CONCERNING FRAUD AND COUNTERFEITING

OF NON-CASH MEANS OF PAYMENT

SUBSIDIARY LEGISLATION 9.28

EXCHANGE OF INFORMATION AND REPORTING

OF CRIME CONCERNING FRAUD AND

COUNTERFEITING OF NON-CASH MEANS OF

PAYMENT REGULATIONS

1st June, 2021

LEGAL NOTICE 231 of 2021.

(1)

The title of these regulations is the Exchange of

Information and Reporting of Crime concerning Fraud and

Counterfeiting of Non-Cash means of Payment Regulations.

(2)

The scope of these regulations is to transpose Directive

(EU) 2019/713 of the European Parliament and of the Council of 17

April 2019 on combating fraud and counterfeiting of non-cash means

of payment and replacing Council Framework Decision 2001/413/

JHA.

(1)

The Malta Police Force is hereby designated as

the operational national point of contact, as referred to in Article 14 of

Directive (EU) 2019/713, for purposes of exchanging information

relating to the offences established in article 310F and article 310H of

the Criminal Code.

(2)

The national point of contact shall be available twenty-

four (24) hours a day, seven (7) days a week and shall have procedures

in place so that urgent requests for assistance are promptly dealt with.

(3)

The national point of contact shall reply to any request

for assistance within eight (8) hours of receipt, by at least indicating

whether the request will be answered, the form of such an answer and

the estimated time within which the reply will be sent.

The national point of contact shall encourage the

reporting, without undue delay, in particular by financial institutions,

of suspected fraud and counterfeiting of non-cash means of payment as

referred to in article 310F and article 310H of the Criminal Code.

(1)

The national point of contact shall

(a)

offer specific information and advice on how to

protect oneself against the negative consequences of the

offences, such as reputational damage; and

EXCHANGE OF INFORMATION AND REPORTING OF

CRIME CONCERNING FRAUD AND COUNTERFEITING

OF NON-CASH MEANS OF PAYMENT

(b)

provide a list of dedicated institutions that deal

with different aspects of identity-related crime and victim

support,

to any natural or legal person who has suffered harm as a result

of any of the offences referred to in article 310F and article 310H of

the Criminal Code, when such offences are committed by misusing

personal data.

(2)

Legal persons that are victims of the offences referred to

in article 310F and article 310H of the Criminal Code shall be offered

the following information, without undue delay, after their first contact

with the national point of contact

(a)

the procedures for making complaints with regard

to the offence and the victim’s role in such procedures;

(b)

the right to receive information about the case in

accordance with national law;

(c)

the available procedures for making complaints if

the national point of contact does not respect the victim’s rights

in the course of criminal proceedings; and

(d)

the contact details for communications about their

case.

(3)

The national point of contact shall be responsible for the

setting up of a single national online information tool to facilitate

access to assistance and support for natural or legal persons who have

suffered harm as a result of the offences referred to in article 310F and

article 310H of the Criminal Code, when such offences are committed

by misusing personal data.

The national point of contact shall conduct, on a regular

basis, information and awareness raising campaigns as well as

research and education programmes, including through the internet,

aimed at reducing overall fraud, raising awareness and reducing the

risk of becoming a victim of fraud.

(1)

The national point of contact and the Court

Services Agency shall establish a system for the recording, production

and provision of anonymised statistical data on the reporting,

investigative, prosecutorial and judicial phases involving the offences

referred to in article 310F and article 310H of the Criminal Code.

(2)

The statistical data referred to in the preceding sub-

regulation shall, as a minimum, cover existing data on the number of

offences referred to in article 310F and article 310H of the Criminal

Code and on the number of persons prosecuted for and convicted of

EXCHANGE OF INFORMATION AND REPORTING OF

CRIME CONCERNING FRAUD AND COUNTERFEITING

OF NON-CASH MEANS OF PAYMENT

the offences referred to in article 310F of the Criminal Code.