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 [S.L.164.02 1
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 HA VING SIMILAR POWERS 
REGULATIONS
6th May, 2016
LEGAL NOTICE 145 of 2016.
Citation and scope. 1. (1) The title of these regulations is the Simplification of
Exchange of Information or Intelligence between the Malta Polic e
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 enforcementauthorities of the Member St ates of the Eu ropean Union.
(3) The scope of these regulations is to simplify the exchange
of already available information or intelligence between the Ma lta
Police Force and the other state agencies of the Member States
having similar powers where ther e are factual reasons to believ e
that the information or intelligence could assist in the detect ion,
prevention or investigation of criminal offences.
Interpretation. 2. For the purpose of t hese regulations:
Cap. 164. "Act" means the Police Act;
"Eurojust" shall have the same meaning assigned to it by Counci l
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 o f
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 an d investigate offences or cri minal
activities and to exercise aut hority and take coercive measures  in
the context of such activities and excludes authorities, bodies ,
agencies or units dealing especially with national security iss ues.
For the purpose of these regulations, the European Police Offic e
2 [S.L.164.02SIMPLIFICATION 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
"Europol" and "Eurojust" shall be considered as state agencies
having similar powers;
S.L. 440.05
S.L. 440.06"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 Cooperatio n in
Criminal Matters) Regulations;
Cap. 460."the Treaty" shall have the same meaning assigned to it by arti cle
2 of the European Union Act.
Exchange of 
information or 
intelligence with 
other state agencies.3.(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 the se
state agencies were established in Malta.
(2) Where the information or intelligence may, under any
relevant provision of Maltese l aw, be accessed by the Police on ly
pursuant to an agreement or authorisation of a judicial authori ty,
the Police shall refrain from communicating the information orintelligence to the state agencies of other Member States havin g
similar powers, unless the Attorney General agrees or authorise s
the communication of such information or intelligence. Suchagreement or authorisation shall always be sought whenever the
requesting agency requests access to information or intelligenc e
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.
Request for 
communication of 
information or 
intelligence by a State agency4. (1) Where a request for communication of information or
intelligence by a State agency i n another Member State having
similar powers requires the Po lice to respond within a given ti me
limit, the Police shall reply within such time limit, unless th e
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 requ est
can be met or not.
(3) The Police may refrain to  communicate information or
intelligence only if there are fac tual reasons to assume that t he
communication would:
(a) harm essential national security interests of Malta; or
(b) jeopardise the success of a current investigation or a
criminal intelligence op eration 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
provision of Maltese law, the Police may refrain from
communicating such data.
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 [S.L.164.02 3
(5) The Data Protection Regulations and other provisions on
data protection shall apply to the exchange of information orintelligence depending on the chosen channel of communication.