S.L. 9.19 Art. 7Details of decisions on supervision measures.

(1) A decision on supervision measures shall contain a statement that the decision relates to:

(a) conduct which -

(i) is a scheduled offence; and

(ii) carries a sentence of imprisonment or another form of detention of a maximum period of at least three years in the issuing State: Provided that in such cases there shall be no verification of the double criminality of the act; or

(b) conduct which -

(i) would constitute an offence under the law of Malta if it occurred in Malta; and

(ii) is punishable under the laws of Malta with imprisonment or another form of detention for a term of twelve months or a greater punishment.

(2) In determining for the purposes of this regulation whether an offence falls within the requirements of sub-regulation (1)(b)(i) -

(a) the description of the offence shall not be regarded as material if the offence under the law of Malta and the law of the issuing State are substantially of the same nature;

(b) if the conduct relates to a tax or duty, it is immaterial that the law of Malta does not impose the same kind of tax or duty or does not contain rules of the same kind as those of the law of the issuing State;

(c) if the conduct relates to customs or exchange, it is immaterial that the law of Malta does not contain rules of the same kind as those of the law of the issuing State.

(3) The certificate accompanying the decision shall include, apart from any of the measures referred to in paragraphs (a) to (f) of the definition "supervision measures" in regulation 2, only such other measures as would have been notified by the executing State in accordance with Article 8(2) of the Arrangement, and shall

(b) the provisional length of time for which the monitoring of the supervision measures is likely to be needed, taking into account all the circumstances of the case that are known when the decision on supervision measures is forwarded.