S.L. 371.5 Art. 8Exchange of information on penalties and maintenance of a central database.

(1) Subject to professional secrecy requirements referred to in article 34(4) of the Act, the competent authority shall inform the EBA of all administrative penalties, including all permanent prohibitions, imposed under these regulations, and including any appeal in relation thereto and the outcome thereof for the purpose of publication on the EBA central database of administrative penalties, which the competent authority shall consult, where appropriate, in the carrying out of its functions and duties.

(2) Where the competent authority assesses good repute for the purposes of articles 7(1)(b), 7B(3) and (4) and 14(2), (2A) and (3) of the Act, it shall consult the EBA database of administrative penalties: Provided that the competent authority shall check, in accordance with Maltese law, the existence of a relevant conviction in the criminal record of the person concerned. For those purposes, information shall be exchanged in accordance with European Council Decision 2009/316/JHA and European Council Framework Decision 2009/315/JHA.