B 3218
L.N. 451 of 2020
CRIMINAL CODE
(CAP. 9)
European Investigation Order 
(Amendment) Regulations, 2020
IN EXERCISE of the powers conf erred by articles 628A and
628B of the Criminal Code, the Minister for Justice, Equality a nd
Governance has made the following regulations:-
Citation.
S.L. 9. 25.1. The title of these regulations is the European Investigation
Order (Amendment) Regulations, 2020 and these regulations shall  be
read and construed as one with the European Investigation Order
Regulations, hereinafter referred to as "the principal regulati ons".
Amends 
regulation 2 of 
the principal 
regulations.2. Regulation 2 of the principal r egulations shall be amended
as follows:
(a) immediately before the definition  "the Charter" there
shall be added the fol lowing new definition:
" "Certifying authority" means the Attorney
General;";
(b) in the definition "European Investigation Order"
immediately after the words "to obtain evidence in accordance
with" there shall be added the  words "the Directive and";
(c) the definition  "executing authority" shall be
substituted by the following new definition:
" "executing authority" means an authority having
competence to recognize an EIO and ensure its execution in
accordance with the Directive, these regulations and the
procedures applicable in a si milar domestic case. In the
event that the executing State is Malta, "executing
authority" means a court of cri minal jurisdiction and/or the
Police;";
(d)  in the definition "executing State", the word
"executed" shall be substituted by the words "carried out"; and
(e) the definition "issuing aut hority" shall be substituted
by the following new definition:
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" "issuing authority" means:
(a) a court of criminal jurisdiction, Attorney
General; or Inquiring Magistrate and when the
issuing authority is not Malta includes an
investigating judge or a public prosecutor;
(b) the Police or any other competent
authority in accordance with any law, acting in itscapacity as an investigating authority in criminal
proceedings with the competence to order the
gathering of evidence in accordance with the
applicable law:
Provided that the EIO shall be validated
after examination of its conformity with therequirements for the issuing of an EIO under theDirective, in particular the conditions established in
sub-regulation (1) of regulation 9, by an authority
mentioned in paragraph (a) of this definition prior tothe transmission of the EIO to the executing State:
Provided further that in the event that the
EIO has been validated by a judicial authority otherthan a court of criminal jurisdiction in terms of
paragraph (a) of this defi nition, the said judicial
authority shall be regard as an issuing authority and
the EIO shall be transmitted in terms of the Directive
and these regulations.".
Amends 
regulation 4 of 
the principal 
regulations.3. Regulation 4 of the principal regulations shall be amended
as follows:
(a) sub-regulation (1) thereof shall be substituted by the
following new sub-regulation:
"(1) An EIO received by Malta as an executing State
shall be executed on the basis of the principle of mutual
recognition and in accordance wit h these regulations."; and
(b) sub-regulation (2) thereof, shall be substituted with
the following:
"(2) The issuing of EIO by Malta pursuant to these
regulations may be requested by a suspected or accusedperson, or by a lawyer on his behalf, within the frameworkof applicable defence rights by the filing of an application
before a court of criminal jurisdiction.".
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Amends 
regulation 5 of 
the principal regulations.4. In  regulation 5 of the principa l regulations, the words "The
EIO shall" shall be substituted by the words "An EIO issued pur suant
to these regulations shall".
Substitutes 
regulation 6 of 
the principal regulations.5. Regulation 6 of the principal regulations shall be
substituted by the following new regulation:
Amends regulation 8 of the principal 
regulations.6. Regulation 8 of the principal r egulations shall be amended
as follows:
(a) sub-regulation (3) thereof shall be substituted by the
following new sub-regulation:
"(3) When Malta is the executing State, the Maltese
or the English languages may be used for completing or
translating an EIO received by Malta."; and
(b) sub-regulation (4) thereof shall be substituted by the
following new sub-regulation:
"(4) Where Malta is the issuing State, the issuing
authority shall translate the EIO set out in the First
Schedule into an official language of the executing State or
into any other language indicated by the executing State in
accordance with Article 5(2) of the Directive.".
Amends 
regulation 10 of the principal regulations.7. Regulation 10 of the principal regulations shall be amended
as follows:
(a) sub-regulation (2) thereof shall be substituted by the
following new sub-regulation:
"(2) Any further official communication shall be
made directly between the i ssuing authority and/or the
Attorney General and/or the executing authorities in the
executing State indicated in t he EIO form itself."; 
(b) sub-regulation (3) thereof shall be substituted by the
following new sub-regulation:
"(3) Without prejudice to regulation 6, the Attorney
General shall be the authority competent to transmit and"Competent 
authorities.6. For the purposes of these regulations, the
Attorney General shall be competent to receive andrecognize any European Invest igation Order issued by an
issuing State and to transmit to the executing State any
European Investigation Orders issued in Malta.".
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receive European Investigation Orders in terms of the
Directive and these regulations.";
(c) in sub-regulation (4) thereof, the words "The issuing
authority may transmit EIOs" shall be substituted by the words"The Attorney General may transm it in terms of regulation 6";
and
(d) in sub-regulation (7) thereof, the words "All
difficulties" shall be substitu ted by the words "Any difficulties". 
Amends 
regulation 11 of the principal 
regulations.8. In sub-regulation (2) of regulation 11 of the principal
regulations, the words "executi ng authority" shall be substituted by the
words "court of criminal ju risdiction or the Police".
Amends 
regulation 12 of the principal 
regulations.9. Regulation 12 of the principal regulations shall be amended
as follows:
(a) in sub-regulation (1) thereof, the words "executing
authority" shall be substituted by the words "the court of
criminal jurisdiction or the Police";
(b) in sub-regulation (2) thereof, the words "the issuing
authority unless otherwise provi ded in these regulations and
provided that such formalities and procedures are not contrary to
the fundamental principles of law of the executing State." shal l
be substituted by the words "the issuing authority in the issui ng
State unless otherwise provided in these regulations and
provided that such formalities and procedures are not contrary to
the fundamental principles of law of Malta";
(c) immediately after sub-regulation (2) thereof, there
shall be added the following new sub-regulation:
"(2A)The Attorney General shall certify that the EIO
was issued by a competent issu ing authority in the issuing
State."; and
(d) sub-regulation (3) thereof shall be substituted by the
following new sub-regulation:
"(3) Where a court of criminal jurisdiction or the
Police as executing authority receives an EIO which hasnot been issued by an issuing authority as specified withsub-regulation (2), the court of  criminal jurisdiction or the
Police, as the case may be, shall return the EIO to theissuing State.".
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Amends 
regulation 13 of 
the principal regulations.10. Regulation 13 of the principal regulations shall be amended
as follows:
(a)  in the marginal note thereof, the word "Application"
shall be substituted by the word "Recourse";
(b)  in sub-regulation (1) thereof, the words "an
application" shall be substitute d by the words "recourse to";
(c) in sub-regulation (2) thereof, the words "of the
executing State and shal l under the authority of these regulati ons
be available in Malta:" shall be substituted with the words "of
Malta";
(d)  in sub-regulation (3) thereof, the word "application"
shall be substituted by the word "recourse"; and
(e) in sub-regulation (5) thereof, the words "under the
law of the executing State" shall be substituted by the words " in
terms of the laws of Malta".
Amends 
regulation 19 of 
the principal regulations.11. Regulation 19 of the principal regulations shall be amended
as follows:
(a) sub-regulation (1) thereof shall be substituted by the
following new sub-regulation:
"(1) The Attorney General s hall receive the EIO and
shall, without delay , and in any case within a week of the
reception of the EIO, acknowledge reception of the EIO bycompleting and sending the form set out in the Second
Schedule.";
(b) in sub-regulation (2) thereof, the words "the
executing authority" shall be substituted by the words "the cou rt
of criminal jurisdiction or the Police"; and
(c) in sub-regulation (3) thereof, the words "the
executing authority" shall be s ubstituted by the words "the cou rt
of criminal jurisdic tion or the Police".
Substitutes 
regulation 20 of 
the principal 
regulations.12. Regulation 20 of the principal regulations shall be
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substituted by the following:
Amends 
regulation 21 of the principal 
regulations.13. Regulation 21 of the principal regulations shall be amended
as follows:
(a) sub-regulation (1) thereof shall be substituted by the
following new sub-regulation:
"(1) Where, in the application of these regulations,
officials of a Member State are present in Malta, the
Member State shall be liable for any damage caused by its
officials during their operations.";
(b) sub-regulation (2) the reof shall be deleted;
(c) sub-regulations (3) and (4) thereof shall be
renumbered as sub-regulations (2) and (3) respectively;
(d) in sub-regulation (2) thereof as renumbered, the
words "the territory of another Member State" shall besubstituted by the word "Malta"; and
(e) in sub-regulation (3) thereof as renumbered, the
words "each Member State" shall be substituted by the words"the Government".
Amends 
regulation 24 of the principal 
regulations.14. In sub-regulation (1) of regulation 24 of the principal
regulations, the words "on the territory of the executing State " shall be
substituted by the words "in Malta".
Amends 
regulation 25 of the principal 
regulations.15. Regulation 25 of the principal regulations shall be amended
as follows:
(a) in sub-regulation (1) thereof, the words "in the
executing State" shall be subst ituted by the words "to Malta or
from Malta to another Member State to which the Directive
applies";
(b) in sub-regulation (4) ther eof, the words "all necessary
documents" shall be substituted by the words "the EIO,"Criminal 
liability 
regarding 
officials.
Cap. 9.20. When present in Malta, in the application of
these regulations, officials from the issuing State shall be
regarded as public officers of Malta in accordance with
the provisions of the Crimi nal Code with respect to
offences committed against them or by them.".
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document attesting the identity  of the person in custody and
identity details of the officers accompanying the person.";
(c) in sub-regulation (5) thereof, the words "the territory
of the executing State shall be agreed between the issuing Stat e
and the executing State" shall b e substituted by the words "Mal ta
shall be agreed between the  issuing State and Malta";
(d) in sub-regulation (7) thereof, the words "the
executing State" shall be substituted by the word "Malta"; and
(e) in sub-regulation (8) thereo f, the words "a transferred
person" shall be substituted by the words "a person transferred  to
Malta".
Amends 
regulation 27 of the principal 
regulations.16. Regulation 27 of the principal regulations shall be amended
as follows:
(a) in sub-regulation (1) thereof, the words "the territory
of the executing State" shall be  substituted by the word "Malta ";
(b) in sub-regulation (4) thereof, the words "executing
authority has no access to technical means for a hearing held b y
video conference, such means may be made available to it" shall
be substituted by the words "court of criminal jurisdiction or the
Police have no access to technical means for a hearing held by
video conference, such means may be available to them";
(c) sub-regulation (5) of the principal regulations shall be
amended as follows: 
(i) in paragraph (a) thereof, the words "the
executing State" wherever they occur shall be substitutedby the word "Malta" and the word "it" shall be substituted
by the words "the court";
(ii) in paragraph (b) thereof, the words "the
executing State" shall be substituted by the word "Malta";and
(iii) in paragraph (d) thereof, the words "the
executing State" shall be substituted by the word "Malta";and
(d) in sub-regulation (7) thereof, the words "within its
territory in accordance with this  regulation and refuses to tes tify
when under an obligation to testify or does not testify the tru th,
national law applies in the same way as if the hearing took pla ce
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in a national procedure." shall be substituted by the words
"within Malta in accordance with this regulation and refuses to
testify when under an obligation to testify or does not testify the
truth, the provisions of the Criminal Code shall apply"..
Amends 
regulation 28 of 
the principal 
regulations.17. Sub-regulation (1) of regulation 28 of the principal
regulations shall be amended as follows:
(a) the words "the territory  of one Member State" shall
be substituted by the word "Malta"; and 
(b) the word "latter" shall be deleted’.
Amends 
regulation 29 of 
the principal regulations.18. In sub-regulation (1) of regulation 29 of the principal
regulations, the words "the territory of the executing State" s hall be
substituted by the word "Malta".
Amends regulation 31 of 
the principal 
regulations.19. In paragraph (b) of sub-regulation (1) of regulation 31 of
the principal regulations, the wo rds "on the territory of the e xecuting
State" shall be substitute d by the words "in Malta".
Amends regulation 32 of 
the principal 
regulations. 20. Regulation 32 of the principal regulations shall be amended
as follows:
(a) in sub-regulation (1) thereof, the words "the
executing State" shall be substituted by the word "Malta";
(b) in sub-regulation (2) thereof, the words "the
executing State" shall be substituted by the word "Malta"; and
(c) sub-regulation (4) thereof shall be substituted by the
following new sub-regulation:
"(4) When covert investigations take place in Malta,
such investigation shall take  place in accordance with the
laws and procedures of Malta. Th e right to act, to direct and
to control the operation related to the covert investigation
shall lie solely with the compe tent authorities of Malta. The
duration of the covert investigat ion, the detailed conditions,
and the legal status of the officers concerned during covertinvestigations shall be agreed between the issuing State and
Malta with due regard to the respective national laws and
procedures.".
Amends 
regulation 33 of the principal 
regulations.21. Regulation 33 of the principal regulations shall be amended
as follows:
(a) in sub-regulation (1) thereof, the words "the Member
State" shall be substitu ted by the word "Malta";
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(b) sub-regulation (2) shall be substituted by the
following new sub-regulation:
"(2) Where more than one Member State is in a
position to provide the complete necessary technical
assistance for the same interception of telecommunications,
the Maltese issuing authority shall send the EIO to only toone Member State. Priority shall always be given to the
Member State where the subject of the interception is or
will be located."; and 
(c) in sub-regulation (5) thereof, the words "The
executing State" shall be substituted by the word "Malta".
Amends 
regulation 34 of the principal 
regulations.22. Regulation 34 of the principal regulations shall be amended
as follows:
(a) in sub-regulation (1) ther eof, the words "one Member
State" shall be substituted by the word "Malta"; and
(b) in sub-regulation (3) thereof, the words "The
competent authority of the notified Member States" shall be
substituted by the words "Where ( Malta’s competent authority is
the notified competent authority) it".
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