B 1079
B 1079
L.N. 206 of 2022
CONDUCT CERTIFICATES ORDINANCE 
(CAP. 77)
Organisation and Content of the Exchange of Information 
Extracted from the Criminal Record between Malta and other 
Member States (Amendment) Regulations, 2022  
IN EXERCISE of the powers conferred by article 10 of the
Conduct Certificates Ordinance, the Minister responsible for th e
Police has made the following regulations:-
Citation. 
S.L. 77.01.1. The title of these regulatio ns is the Organisation and
Content of the Exchange of Information Extracted from the Crimi nal
Record between Malta and other Member States (Amendment)
Regulations, 2022  and these regulations shall be read and construed as
one with the Organis ation and Content of the Exchange of Information
Extracted from the Criminal Reco rd between Malta and other Memb er
States Regulations, hereinafter referred to as "the principalregulations". 
Amends 
regulation 1 of 
the principal 
regulations. 2. Sub-regulation (2) of regulation 1 of the principal
regulations shall be substituted by the following:
"(2) These regulations trans pose Directive (EU) 2019/884
of the European Parliament and of the Council of 17 April 2019
amending Council Framework Decision 2009/315/JHA, as
regards the exchange of information on third-country nationals
and as regards the European Criminal Records InformationSystem (ECRIS), and replacin g Council Decision 2009/316/
JHA.".
Amends 
regulation 2 of 
the principal 
regulations.3. Regulation 2 of the principal regulations shall be amended
as follows:
(a) immediately after the definition "conviction" there
shall be added the following new definition: 
" "convicting Member State" means the Member State
where a conviction is handed down;";
(b) immediately after the definition "cr iminal record"
there shall be added the following new definition: 
" "ECRIS reference implementation" means the
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software developed by the European Commission and made
available to the Member States for the exchange of criminal
records information through ECRIS;";
(c) immediately after the definition "the European
Union" there shall b e added the followi ng new definitions:
" "facial image" means a digital image of a person’s
face;
"fingerprint data" means the data relating to plain and
rolled impressions of the fingerprints of each of a person’s
fingers;";
(d) immediately after the de finition "National Central
Authority" there shal l be added the following new definition:
" "third-country national" m eans a person who is not a
citizen of the European Union within the meaning of
Article 20(1) TFEU, or who is a stateless person or a person
whose nationality is unknown;".
Amends 
regulation 3 of 
the principal 
regulations.4. Sub-regulation (1) of regulation 3 of the principal
regulations shall be substituted by the following:
"(1) The National Central Authority shall take the
necessary measures to ensure t hat all convictions handed down
within the Maltese territory are accompanied by information on
the nationality or nationalities of the convicted person if the
person is a national of another Member State or a third countrynational. Where a convicted pe rson is of unknown nationality or
stateless, the criminal rec ord shall refl ect this.".
Amends 
regulation 5 of the principal 
regulations.5. Regulation 5 of the principal regulations shall be amended
as follows: 
(a) sub-regulation (3) thereof shall be substituted by the
following:
"(3) Whenever a national of another Member State
asks the National Central Authority for information on his
own criminal record, the National Central Authority shall
submit a request to the Central Authority of the Member
State of the person’s nationality for information and relateddata to be extracted from the criminal record and shall
include such information and re lated data in the extract to
be provided to the pe rson concerned.";
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(b) Immediately after sub-regulation (3) thereof as
substituted, there shall be added the following new sub-
regulation: 
"(3a)  Where a third country national asks the
National Central Authority for information on his owncriminal record, that National Central Authority shallsubmit a request only to those central authorities of the
Member States which hold i nformation on the criminal
record of that person for information and related data to beextracted from the criminal records and shall include such
information and relat ed data in the extra ct to be p rovided to
the person concerned.".
Amends 
regulation 6 of 
the principal regulations.6. Regulation 6 of the principal regulations shall be amended
as follows:
(a) sub-regulation (4) thereof, shall be substituted by the
following:
"(4)  When information ext racted from the criminal
record on convictions handed down against a national of a
Member State other than a Ma ltese national is requested,
the National Central Authority shall transmit such
information to the same extent as provided for in article 13
of the European Convention on Mutual Assistance in
Criminal Matters:
Provided that if the National Central Authority
is the requested Member State, the National Central
Authority shall transmit its reply within twenty workingdays from the date the request was received.";
(b) immediately after sub-regulation (4) thereof as
substituted, there shall be added the following new sub-
regulation:
"(4a)  When information extracted from the criminal
record of a third-country nati onal is requested, the National
Central Authority shall transmit information on any
conviction handed down in Malta and entered in thecriminal records and on any  conviction handed down in
third countries and subsequently transmitted to the National
Central Authority and entered into th e criminal records:
Provided that where this information is
requested for any purpose other than that of criminalproceedings sub-regulation (2) shall apply accordingly:
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Provided further that if the National Central
Authority is the requested Member State, the National
Central Authority shall transmit its reply within twentyworking days from the date the request was received.".
Amends 
regulation 9 of 
the principal 
regulations.7. Regulation 9 of the principal regulations shall be amended
as follows:
(a) in sub-paragraph (ii) of paragraph (c) of sub-
regulation (1) thereof, the  word "and" shall be deleted;
(b) in sub-paragraph (iii) o f paragraph (c) of sub-
regulation (1) thereof, the words "alias name(s):" shall be
substituted by the words "alias name(s); and" and immediately
thereafter there shall be added the following new sub-paragraph;
"(iv) facial image:"; 
(c) Immediately after sub-regulation (2) thereof there
shall be added the following new sub-regulations:
"(3) The National Central Authority shall
transmit the following information electronically usingECRIS and a standardised format in accordance with
the standards to be laid down in the European
Commission’s implementing acts:
(a) information referred to in regulation 5;
(b) requests for information on
convictions;
(c) replies to requests for information on
convictions; 
(d) other relevant information.
(4) If the mode of transmission referred to in
sub-regulation (3) is not available, the National Central
Authority shall transmit all  information referred to in
sub-regulation (3)  by any means capable of producing a
written record under conditions allowing the centralauthority of the receiving Member State to establish theauthenticity of the information, taking the security of
transmission into consideration.
(5) If the mode of transmission referred to in
sub-regulation (3) is not available for an extended
period of time, the Nationa l Central Authority shall
inform the other Member States and the European
Commission.". 
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