S.L. 452.82 Art. 8Cross-border enforcement of financial administrative penalties and, or fines. Cap. 12

(1) This regulation shall apply to the cross-border enforcement of financial administrative penalties and, or fines, including fees and surcharges, imposed by competent authorities or confirmed by administrative or judicial bodies, on a service provider established in Malta for failure to comply with the applicable rules on posting of workers in another Member State.

(2) At the request of a requesting authority, the competent authority in Malta, hereinafter referred to as the ‘requested authority’, shall recover an administrative penalty and, or fine that has been imposed by a decision in accordance with the laws and procedures of the requesting member state by a competent authority or confirmed by an administrative or judicial body, which decision constitutes res judicata.

(3) At the request of a requesting authority, the requested authority shall notify:

(a) a decision imposing an administrative penalty and, or fine in accordance with the laws and procedures of the requesting Member State by a competent authority or confirmed by an administrative or judicial body, which decision constitutes res judicata; and

(b) any other relevant document related to the recovery of the aforementioned penalty and, or fine, including the judgment or final decision, which may be in the form of a certified copy, that constitutes the legal basis and title for the execution of the request for recovery.

(4) In order for the requested authority to be able to carry out its obligations in terms of sub-regulations (2) and (3), the requesting authority’s request for recovery of an administrative penalty and, or fine or the requesting authority’s request for notification of a decision imposing such a penalty and, or fine shall:

(a) be made in accordance with the laws, regulations and administrative practices in force in the requesting authority’s Member State;

(b) only be made when the requesting authority is unable to recover or notify in accordance with its laws, regulations and administrative practices; and

(c) relate to a penalty and, or fine, and to an underlying claim and, or instrument permitting its enforcement in the requesting member state which are not contested or challenged in that Member State.

(5) The request of the requesting authority for recovery of an administrative penalty and, or fine as well as the notification of a decision concerning such a penalty and, or fine shall be carried out without undue delay by means of the Internal Market Information System established by Regulation 1024/2012 and shall include:

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

(b) a summary of the facts and circumstances of the infringement, the nature of the offence and the relevant applicable rules;

(c) the instrument permitting enforcement in the requesting Member State and all other relevant information or documents, including those of a judicial nature, concerning the underlying claim, administrative penalty and, or fine;

(d) the name, address and other contact details regarding the competent authority responsible for the assessment of the administrative penalty and, or fine, and, if different, the competent body where further information can be obtained concerning the penalty and, or fine or the possibilities for contesting the payment obligation or decision imposing it;

(e) in the case of a request for notification of a decision, the purpose of the notification and the period within which it shall be effected; and

(f) in the case of a request for recovery, the date when the judgment or decision has become enforceable or final, a description of the nature and amount of the administrative penalty and, or fine, any dates relevant to the enforcement process, including whether, and if so how, the judgment or decision has been served on the defendant and, or given in default of appearance, a confirmation from the requesting authority that the penalty and, or fine is not subject to any further appeal, and the underlying claim in respect of which the request is made and its different components.

(6) Unless the requested authority decides to invoke any of the grounds of refusal provided in sub-regulation (9), the requested authority, upon receipt of a request to recover or to notify in terms of this regulation, shall recognize it without any further formality being required and shall take all the necessary measures for its execution, and that request to notify or that request to recover shall be deemed to have the same effect as if it had been made by the requesting member state: Provided that the requested authority shall take all the necessary steps to notify the service provider of the request for recovery or of the decision imposing an administrative penalty and, or fine and of the relevant documents, where necessary, as soon as possible but not later than one month of receipt of the request.

(7) The requested authority, shall, by means of a judicial letter served on the service provider by whom the administrative penalty and, or fine is due, require the service provider to pay the administrative penalty and, or fine in terms of this regulation. Upon the service of such a judicial letter, the claim of the requested authority contained in such judicial letter shall, after the lapse of ten days from such service, constitute an executive title for the purpose of Title VII of Part I of Book Second of the Code of Organization and Civil Procedure.

(8) The requested authority shall as soon as possible inform the requesting authority of:

(a) the action taken on its request for recovery and notification and, more specifically, of the date on which the addressee was notified; and

(b) the grounds of refusal referred to in sub regulation (9) of this regulation, in the case where the requested authority refuses to execute a request for recovery of an administrative penalty and, or fine or to notify a decision imposing an administrative penalty and, or fine.

(9) The requested authority shall not execute a request:

(a) for recovery or notification if the request does not contain the information required in sub-regulation (5), is incomplete or manifestly does not correspond to the underlying decision;

(b) for recovery if:

(i) following inquiries by the requested authority, it is obvious that the envisaged costs or resources required to recover the administrative penalty and, or fine are disproportionate in relation to the amount to be recovered or would give rise to significant difficulties; or

(ii) the overall financial penalty and, or fine is less than three hundred and fifty euro (€350) or the equivalent to that amount; or

(iii) the fundamental rights and freedoms of defendants and legal principles that apply to them in accordance with the law of the requested member state are not respected.

(10) Disputes concerning the enforcement measures taken in Malta or concerning the validity of a notification made by the requested authority shall be brought before the Maltese Courts in accordance with Maltese Law.

(11) Any amounts recovered in terms of this regulation shall accrue to the requested authority. The latter shall recover the amounts due in Euros. If necessary, the requested authority shall convert the penalty and, or fine into the currency of the requested state at the rate of exchange applying on the date when the penalty and, or fine were imposed.

(12) Member States shall not claim from each other the reimbursement of costs arising from any mutual assistance which they grant each other in terms of these regulations.