S.L. 9.21 Art. 12Governing law and competence in the executing State.

(1) A court of criminal jurisdiction shall be competent to adopt and to enforce measures following the recognition of a

European protection order. The laws of Malta shall apply to the adoption and enforcement of the decision provided for in regulation 11(3), including rules on legal remedies against decisions adopted relating to the European protection order.

(2) In the event of a breach of one or more of the measures taken by a court of criminal jurisdiction following the recognition of a European protection order, the court shall, in accordance with sub-regulation (1), be competent to:

(a) impose criminal penalties and take any other measure as a consequence of the breach, if that breach amounts to a criminal offence under the laws of Malta;

(b) take any non-criminal decisions related to the breach;

(c) take any urgent and provisional measure in order to put an end to the breach, pending, where appropriate, a subsequent decision by the issuing State.

(3) Where there is no available measure at national level in a similar case that could be taken according to the laws of Malta, the court shall report to the competent authority of the issuing State any breach of the protection measure described in the European protection order of which it is aware.

(4) Where the competent authority in the issuing State has revoked or withdrawn the European protection order in accordance to the Arrangement, the court shall discontinue the measures adopted in accordance with this regulation as soon as it has been duly notified by the competent authority of the issuing State.

(5) Where the competent authority in the issuing State has modified the European protection order in accordance to the Arrangement, the court shall, as appropriate:

(a) modify the measures adopted on the basis of the European protection order, acting in accordance with this regulation; or

(b) refuse to enforce the modified prohibition or restriction when it does not fall within the types of prohibitions or restrictions referred to in regulation 6, or if the information transmitted with the European protection order in accordance with regulation 7 is, or has not been, completed within the time limit set by the competent authority of the executing State in accordance with regulation 11(6).