S.L. 9.25 ст. 32Covert investigations. 

(1) An EIO may be issued for the purpose of requesting Malta to assist the issuing State in the conduct of investigations into crime by officers acting under covert or false identity ("covert investigations").

(2) The issuing authority shall indicate in the EIO why it considers that the covert investigation is likely to be relevant for the purpose of the criminal proceedings concerned. The decision on the recognition and execution of an EIO issued under this regulation shall be taken in each individual case by the competent authorities of Malta with due regard to its national law and procedures.

(3) In addition to the grounds for non-recognition and non-execution referred to in regulation 14, the executing authority may refuse to execute an EIO as referred to in sub-regulation (1), where:

(a) the execution of the covert investigation would not be authorised in a similar domestic case; or

(b) it was not possible to reach an agreement on the arrangements for the covert investigations under sub-regulation (4).

(4) When covert investigations take place in Malta, such investigation shall take place in accordance with the laws and procedures of Malta. The right to act, to direct and to control the operation related to the covert investigation shall lie solely with the competent authorities of Malta. The duration of the covert investigation, the detailed conditions, and the legal status of the officers concerned during covert investigations shall be agreed between the issuing State and Malta with due regard to the respective national laws and procedures.

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

435E(3) of the Criminal Code which shall apply mutatis mutandis to this regulation.