S.L. 379.11 Art. 8General principles of co- operation.

(1) After ascertaining that a request for assistance made to the Office by an applicant authority of another Member State, as referred to in regulations 6(1) and 7(1) or (2), contains all the information referred to in sub-regulations (2) and (3), as the case may be, and that such request is accompanied by a copy of the act, document or decision to be served or enforced, the Office shall take all necessary measures to enable such requests to be executed without undue delay.

(2) Any request referred to in the preceding sub-regulation shall indicate:

(a) the name, known address of the addressee, and any other relevant information for the identification of the addressee;

(b) a summary of the relevant facts and circumstances;

(c) a summary of the attached copy of the act to be notified or enforced;

(d) the name, address and other contact details of the requested authority; and

(e) the period within which notification or enforcement should be effected, such as statutory deadlines or limitation periods.

(3) Requests referred to in regulation 7(1) or (2) shall, in addition to the requirements set out in the preceding sub-regulation, provide the following:

(a) information about the decision permitting enforcement in the Member State of the applicant authority;

(b) the date when the decision became final;

(c) the amount of the fine or periodic penalty payment; and

(d) information showing that reasonable efforts were made by the applicant authority to enforce the decision in its own territory.

(4) A request for assistance made by an applicant authority of another Member State in accordance with the preceding sub-regulation shall constitute the sole basis for the enforcement measures taken by the Court pursuant to regulation 7(3), and the decision to be enforced shall not be subject to any act of recognition, supplementing or replacement by the Court. The Office shall request the Court to adopt all measures deemed necessary for the execution of the decision, unless it invokes sub-regulation (5).

(5) Where the Office acts as the requested authority, it may refuse to seek execution of a request as referred to in regulations 6(1) or 7(1) or (2) if:

(a) the request does not comply with the requirements of this regulation; or

(b) the Office is able to demonstrate reasonable grounds how the execution of the request would be manifestly contrary to public policy in Malta:

Provided that if the Office intends to refuse a request for assistance as referred to in this sub-regulation, or requires additional information, it shall contact the applicant authority.

(6) (a) The information referred to in sub-regulations (2) and (3), shall be sent in the Maltese or English language, unless the Office and the applicant authority bilaterally agree on a case by case basis that such information may be sent in another language.

(b) Where so requested by the Office, the applicant authority shall provide a translation of the act to be notified or the decision permitting enforcement of the fine or periodic penalty payment in the Maltese or English language, without prejudice to the right of the Office and the applicant authority to bilaterally agree, on a case by case basis, that such translation may be provided in a different language.

(7) Where the Office, acting as the requested authority so requests, the applicant authority shall bear all reasonable additional costs in full, including translation, labour and administrative costs, in relation to actions taken by the Office on behalf of the applicant authority as referred to in sub-regulations (3), (4) and (5) of regulation 5 or 6(1).

(8) Where the Office acts as the requested authority it shall endeavour to recover:

(a) the full costs incurred in relation to actions filed by the Office pursuant to regulation 7(1) or (2) from the fines or periodic penalty payments it has collected on behalf of the applicant authority, including translation, labour and administrative costs:

Provided that where the Office is unsuccessful in collecting such fines or periodic penalty payments, it may request the applicant authority to bear the costs incurred; and

(b) the costs incurred in relation to the enforcement of a decision imposing a fine or a periodic penalty payment, pursuant to regulation 7(3) from the undertaking or association of undertakings against which the decision is enforceable.

(9) Where it acts pursuant to the preceding sub-regulation, the Office shall recover the amounts due in euro, in accordance with the laws, regulations and administrative procedures or practices in force in Malta: Provided that the Office shall, if necessary, in accordance with Maltese law and practice, convert the fines or periodic penalty payments into Euro at the rate of exchange applying on the date on which such fines or periodic penalty payments were imposed.