S.L. 77.1 Art. 9Obligations of the National Central Authority when transmitting information.

(1) When transmitting information in accordance with regulation 3(2) and (3), the National Central Authority shall transmit the following information:

(a) information that shall always be transmitted, unless, in individual cases, such information is not known to the

National Central Authority (obligatory information):

(i) information on the convicted person (full name, date of birth, place of birth (town and State), gender, nationality and - if applicable - previous name(s));

(ii) information on the nature of conviction (date of conviction, name of the court, date on which the judgment became final);

(iii) information on the offence giving rise to the conviction (date of the offence underlying the conviction and name or legal classification of the offence as well as reference to the applicable legal provisions); and

(iv) information on the contents of the conviction (notably the judgment as well as any supplementary penalties, security measures and subsequent decisions modifying the enforcement of the judgment);

(b) information that shall be transmitted if entered in the criminal record (optional information):

(i) the convicted person’s parents’ names;

(ii) the reference number of the conviction;

(iii) the place of the offence; and

(iv) disqualifications arising from the conviction;

(c) information that shall be transmitted, if available to the National Central Authority (additional information): BETWEEN MALTA AND OTHER MEMBER STATES [

(i) the convicted person’s identity number, or the type and number of the person’s identification document;

(ii) fingerprints, which have been taken from that person;

(iii) if applicable, pseudonym and, or alias name(s); and

(iv) facial image:

Provided that the National Central Authority may transmit any other information concerning convictions entered in the criminal record.

(2) The National Central Authority shall store all information of the types listed in sub-regulation (1)(a) and (b), which it has received from other central authorities regarding convictions handed down in other Member States regarding offences committed by Maltese nationals for the purpose of re-transmission in accordance with regulation 6. For the same purpose, the National Central Authority may store the information of the types listed in sub-regulation (1)(c).

(3) The National Central Authority shall transmit the following information electronically using ECRIS 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 central authority of the receiving Member State to establish the authenticity 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 National Central Authority shall inform the other Member States and the European Commission. BETWEEN MALTA AND OTHER MEMBER STATES

SCHEDULE I [Regulations 5(4) and 8(1) and (2)]

Request for information extracted from the criminal record The National Central Authority is to consult the Manual of Procedures for assistance in filling in this form correctly

(a) Information on the requesting Member State: Member State:

Central authority: Contact person: Telephone (with STD code):

Fax (with STD code): E-mail address: Correspondence address:

File reference, if known:

(b) Information on the identity of the person concerned by * the request ( ): Full name (forenames and all surnames): BETWEEN MALTA AND OTHER MEMBER STATES [

Previous names: Pseudonym and, or alias, if any:   Gender: M F Nationality: Date of birth (in figures: dd/mm/yyyy):

Place of birth (town and State): Father’s name:

Mother’s name: Residence or known address: Person’s identity number of type and number of the person’s identification document: Fingerprints:

Other available identification information:

(c) Purpose of the request:

Please tick the appropriate box 

(1) criminal proceedings (please identify the authority before which the proceedings are pending and, if available the case reference number) ..................... .............................................................................. 

(2) request outside the context of criminal proceedings (please identify the authority before which the proceedings are pending and, if available, the case reference number, while ticking the relevant box): 

(i) from a judicial authority .............................. ..................................................................... 

(ii) from a competent administrative authority ... ..................................................................... 

(iii) from the person concerned for information on own criminal record ................................ .................................................................... Purpose for which the information is requested: Requesting authority:  the person concerned does not consent for this information to be divulged (if the person concerned was asked for its consent in accordance with the law o f the requesting Member State). Contact person for any further information needed: Name:

Telephone:

* To facilitate the identification of the person as much information as possible is to be provided. BETWEEN MALTA AND OTHER MEMBER STATES

E-mail address: Other information (e.g. urgency of the request):

SCHEDULE II [Regulations 6(5) and 7(1)] Reply to the request

The National Central Authority is to consult the Manual of Procedures for assistance in filling in this form correctly

Information relating to the person concerned

Please tick the appropriate box The undersigned authority confirms that:  there is no information on convictions in the criminal record of the person concerned  there is information on convictions entered in the criminal record of the person concerned; a list of conviction is attached  there is other information entered in the criminal record of the person concerned; such information is attached (optional)  there is information on convictions entered in the criminal record of the person concerned but the convicting Member State intimated that the information about these convictions may not be retransmitted for any purposes other than that of criminal proceedings. The request for more information may be sent directly to ........................... (please indicate the convicting Member State)  in accordance with the Maltese legislation of the requested Member State, requests made for any purposes other than that of criminal proceedings may not be dealt with. Contact person for any further information needed: Name:

Telephone: E-mail address: Other information (limitations of use of the data concerning requests outside the context of criminal proceedings: Please indicate the number of pages attached to the reply form:

Done at: On Signature and official stamp (if appropriate):

Name and position/organisation: BETWEEN MALTA AND OTHER MEMBER STATES [

If appropriate, please attach a list of convictions and send the complete package to the requesting Member State. It is not necessary to translate the form or the list into the language of the requesting Member State.