S.L. 9.25 Art. 31Investigative measures implying the gathering of evidence in real time, continuously and over a certain period of time. 

(1) When the EIO is issued for the purpose of executing an investigative measure requiring the gathering of evidence in real time, continuously and over a certain period of time, such as:

(a) the monitoring of banking or other financial operations that are being carried out through one or more specified accounts;

(b) the controlled deliveries in Malta;

its execution may be refused, in addition to the grounds for non-recognition and non-execution referred to in regulation 14, if the execution of the investigative measure concerned would not be authorised in a similar domestic case.

(2) The practical arrangements regarding the investigative measure referred to in sub-regulation (1)(b) and wherever else necessary shall be agreed between the issuing State and the executing State.

(3) The issuing authority shall indicate in the EIO why it considers the information requested relevant for the purpose of the criminal proceedings concerned.

(4) The right to act, to direct and to control operations related to the execution of an EIO referred to in sub-regulation (1) shall lie with the competent authorities of the executing State.

(5) Unless these regulations otherwise provide, the implementing procedure of this regulation shall be governed by article

435E of the Criminal Code which shall apply to mutatis mutandis these regulations.