Measure Implementation

Is this measure possible in your Member State under International Judicial Cooperation?

Where interception is authorised by the competent authority if Malta and the communicating address specified in the interception order is being used on the territory of another Member State from which no technical assistance is needed to carry out the interception, Malta is obliged to notify the competent authority of the Member State of interception: (a) prior to the interception in cases where the competent authority of the intercepting Member State knows at the time of ordering the interception that the subject of the interception is or will be on the territory of the notified Member State; (b) during the interception or after the interception has been carried out, immediately after it becomes aware that the subject of the interception is or has been during the interception, on the territory of the notified Member State. Where Malta is the notified Member State it is obliged to notify the intercepting Member State within at least 96 hours, if the interception would not be authorised in a similar domestic case.

Legal Framework

International legal framework applicable for this measure in your Member State

Directive 2014/41 on the European Investigation Order

Competent Authority

* receive the request/decision for judicial cooperation

EIO must be transmitted to the Office of the Attorney General as Central Authority.

Accepted languages

Accepted languages for the request/decision

Maltese and English

Execution deadline

Deadlines for the execution of the request/decision (where applicable)

A warrant issued for the purpose of intercepting telecommunications is valid for a period of six months, unless it is renewed and this in terms of the Security Service Act.

Concise legal practical information

Special requirements

Last reviewed on 29 February 2024 by EJN Secretariat

NEXT MEASURE

  • Electronic evidence, interception and surveillance (A.50 - A.56)
  • A.52 Tracing of telecommunications and other forms of electronic communications
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