S.L. 61.3 Art. 15Optional issuance of EU ETDs.

(1) Where the applicant’s passport or travel document has been lost, stolen, destroyed or otherwise cannot be obtained within a reasonable time, the passport officer may issue EU ETDs:

(a) to Maltese nationals;

(b) to Union citizens who are not represented withinthe territory of the Member States, including the overseas countries and territories referred to in the first sub-paragraph of Article 355(2) TFEU;

(c) to citizens of another Member State which is represented in the country where they seek to obtain the EU ETD and where arrangements between the relevant Member States exist to that effect;

(d) to family members who are not Union citizens, accompanying Union citizens who are not represented in a third country or Union citizens referred to in paragraphs (a), (b) or(c), where those family members are legal residents in a Member State, without prejudice to any applicable visa requirements;

(e) to other persons to whom Malta or another Member State is obliged under international or national law to provide protection and who are legal residents in a Member State.

(2) Where the passport officer issues EU ETDs in accordance with:

(a) paragraphs (b) or (c) of sub-regulation (1), the consultation set out in regulation 5 shall involve the Member State of nationality of Union citizens;

(b) paragraph (d) of sub-regulation (1), the consultation set out in regulation 5 shall involve the Member State of nationality of the accompanied Union citizen and, where necessary, the Member State of residence of the family member:

Provided that, notwithstanding the provisions of regulation 8, no EU ETD shall be issued without prior consultation with the Member State of nationality of the accompanied Union citizen and, where necessary, the Member State of residence of the family member;

(c) paragraph (e) of sub-regulation (1), the consultation set out in regulation 5 shall involve the Member State obliged under international or national law to provide protection to the applicant, which shall be the destination country indicated on the EU ETD.