S.L. 77.1 ст. 6Obligations of the National Central Authority when replying to the requests for information on convictions.

(1) When information extracted from the criminal record of a Maltese national is requested from the National Central

Authority, for the purposes of criminal proceedings, the National

Central Authority shall transmit to the central authority of the requesting Member State information on:

(a) convictions handed down within the Maltese territory and entered in the criminal record;

(b) any convictions handed down in other Member States which were transmitted to the National Central Authority and entered in the criminal record;

(c) any convictions handed down in third countries and subsequently transmitted to the National Central BETWEEN MALTA AND OTHER MEMBER STATES

Authority and entered in the criminal record.

(2) When information extracted from the criminal record of a Maltese national is requested from the National Central Authority, for any purposes other than that of criminal proceedings, the National Central Authority shall in respect of convictions handed down within its territory, and of convictions handed down in third countries, which have been subsequently transmitted to it and entered in the criminal records, reply in accordance with Maltese legislation:

Provided that with regard to any information on a Maltese national regarding convictions handed down in another Member State, which has been transmitted to the National Central Authority, the latter shall in accordance with Maltese legislation transmit to the requesting Member State the information which has been stored in accordance with regulation 9(2) as well as the information which has been transmitted to it, and has been entered in its criminal record:

Provided also that when transmitting information in accordance with regulation 3, the National Central Authority may inform the central authority of the other Member State of the person’s nationality that the information on convictions handed down in Malta and transmitted to the latter central authority may not be re-transmitted for any purposes other than that of criminal proceedings: Provided further that when the central authority of the other Member State transmits information on Maltese nationals regarding convictions handed down in another Member State, the National Central Authority shall not re-transmit the information if the central authority of the other Member State informs the former that the information may not be transmitted for any purposes other than of criminal proceedings. In this case, the National Central Authority shall, in respect of such convictions, inform the requesting Member State which other Member State had transmitted such information so as to enable the requesting Member State to submit a request directly to the convicting Member State in order to receive information on such convictions.

(3) When information by a third country is requested from the criminal record of a Maltese national, the National Central Authority may reply in respect of convictions transmitted by another Member State only within the limitations applicable to the transmission to other Member States in accordance with sub-regulations (1) and (2).

(4) When information extracted from the criminal record on convictions handed down against a national of a Member State other than a Maltese national is requested, the National Central Authority shall transmit such information to the same extent as provided for in article 13 of the European Convention on Mutual Assistance in Criminal Matters:

Provided that if the National Central Authority is the requested BETWEEN MALTA AND OTHER MEMBER STATES [

Member State, the National Central Authority shall transmit its reply within twenty working days from the date the request was received.

(4a) When information extracted from the criminal record of a third-country national is requested, the National Central Authority shall transmit information on any conviction handed down in Malta and entered in the criminal records and on any conviction handed down in third countries and subsequently transmitted to the National Central Authority and entered into the criminal records:

Provided that where this information is requested for any purpose other than that of criminal proceedings sub-regulation (2) shall apply accordingly:

Provided further that if the National Central Authority is the requested Member State, the National Central Authority shall transmit its reply within twenty working days from the date the request was received.

(5) The reply shall be made using the form set out in Schedule II. It shall be accompanied by a list of convictions, as provided for by Maltese legislation.