S.L. 9.25 Art. 33Interception of telecommunica- tionswithtechnical assistance of another Member State. 

(1) An EIO may be issued for the interception of telecommunications in Malta from which technical assistance is needed.

(2) Where more than one Member State is in a position to provide the complete necessary technical assistance for the same interception of telecommunications, the Maltese issuing authority shall send the EIO to only to one Member State. Priority shall always be given to the Member State where the subject of the interception is or will be located.

(3) An EIO referred to in sub-regulation (1) shall also contain the following information:

(a) information for the purpose of identifying the subject of the interception;

(b) the desired duration of the interception; and

(c) sufficient technical data, in particular the target identifier, to ensure that the EIO can be executed.

(4) The issuing authority shall indicate in the EIO the reasons why it considers the indicated investigative measure relevant for the purpose of the criminal proceedings concerned.

(5) In addition to the grounds for non-recognition or non-execution referred to in regulation 14, the execution of an EIO referred to in sub-regulation (1) may also be refused where the investigative measure concerned would not have been authorised in a similar domestic case. Malta may make its consent subject to any conditions which would be observed in a similar domestic case.

(6) An EIO referred to in sub-regulation (1) may be executed by:

(a) transmitting telecommunications immediately to the issuing State; or

(b) intercepting, recording and subsequently transmitting the outcome of interception of telecommunications to the issuing State.

The issuing authority and the executing authority shall consult each other with a view to agreeing on whether the interception is carried out in accordance with paragraph (a) or (b).

(7) When issuing an EIO referred to in sub-regulation (1) or during the interception, the issuing authority may, where it has a particular reason to do so, also request a transcription, decoding or decrypting of the recording subject to the agreement of the executing authority.

(8) Costs resulting from the application of this regulation shall be borne in accordance with regulation 24, except for the costs arising from the transcription, decoding and decrypting of the intercepted communications which shall be borne by the issuing State.

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

628(B)(1)(d) of the Criminal Code and the Security Service Act which shall apply to this regulation. mutatis mutandis