S.L. 460.8 Art. 9Request for recovery assistance.

(1)A request by an applicant authority to a requested authority for the recovery of a claim which is subject to an instrument permitting enforcement in the applicant Member State, together with the Uniform Instrument Permitting Enforcement,

AND OTHER MEASURES)

shall be made in the standard forms provided in the Fourth Schedule and Fifth Schedule respectively.

(2) The request for recovery may be accompanied by other documents relating to the claim issued in the applicant Member State.

(3) Upon receipt of a request for recovery of a claim under sub-article (1), the requested authority shall treat the claim as a debt arising in Malta and shall apply the procedure established by the Code of Organisation and Civil Procedure relating to the recovery of debts in Malta. The requested authority shall also charge interest for late payment according to Maltese law on the amount of the claim as from the date on which the recovery request is received by the requested authority:

Provided that if there is no similar tax or duty in Malta to that requested by the applicant authority, the requested authority shall apply the procedure applicable to the recovery of tax levied on personal income.

(4) The requested authority may refuse to assist an applicant authority for the recovery of a claim in Malta, if the applicant authority has not exhausted the procedural remedies in its Member State:

Provided that:

(a) where the debtor does not have assets in the applicant Member State; or

(b) the debtor’s assets are not sufficient to make good for the claim in full and the applicant authority has been informed that the debtor has assets in Malta; or

(c) if recourse to the procedures in the applicant Member State would give rise to disproportionate difficulties, the applicant authority may submit a request to the requested authority without making recourse to the recovery procedure in its Member State.

(5) The requested authority may, in so far as is permitted under Maltese law, allow the debtor time to settle the debt due or permit the debtor to settle his dues by instalments subject to the payment of interest charged from the date of service to the date of the effective payment.

(6) The requested authority shall:

(a) inform the applicant authority regarding: AND OTHER MEASURES) [

(i) the action taken relating to the execution of the request for recovery; and

(ii) its decision in accordance with sub-article (9); and

(b) remit to the applicant authority the amount recovered with respect to the claim and any interest attached thereto.

(7) Costs incurred by the requested authority during the recovery of a claim shall be recovered from the debtor and shall be retained by the requested authority.

(8) Any information which the applicant authority may have, following its submission of a request to the requested authority, shall be forwarded by the applicant authority to the requested authority without delay.