S.L. 9.21 Art. 16Competence in the issuing State.

(1) A court of criminal jurisdiction shall have exclusive competence to take decisions relating to:

(a) the renewal, review, modification, revocation and withdrawal of the protection measure and, consequently, of the European protection order;

(b) the imposition of a custodial measure as a consequence of revocation of the protection measure, provided that the protection measure has been applied on the basis of a judgment within the meaning of Article 2 of Framework Decision 2008/947/JHA, or on the basis of a decision on supervision measures within the meaning of Article 4 of Framework Decision 2009/829/JHA.

(2) The laws of Malta shall apply to decisions adopted in accordance with sub-regulation (1).

(3) Where a judgment within the meaning of Article 2 of Framework Decision 2008/947/JHA, or a decision on supervision measures within the meaning of Article 4 of Framework Decision 2009/829/JHA, has already been transferred, or is transferred after the issuing of the European protection order, to another Member State, subsequent decisions, as provided for by those Framework Decisions, shall be taken in accordance with the relevant provisions of those Framework Decisions.

(4) When the protection measure is contained in a judgment within the meaning of Article 2 of Framework Decision 2008/947/ JHA which has been transferred or is transferred after the issuing of the European protection order to another Member State, and the competent authority of the State of supervision has made subsequent decisions affecting the obligations or instructions contained in the protection measure in accordance with Article 14 of that Framework Decision, the court shall renew, review, modify, revoke or withdraw without delay the European protection order accordingly.

(5) The court shall inform the competent authority of the executing State without delay of any decision taken in accordance with subregulation (1) or (4).

(6) Where the court has revoked or withdrawn the European protection order in accordance with sub-regulation (1)(a) or with subregulation (4), it shall duly notify the executing State and upon such notification, the executing state shall discontinue the measures adopted in accordance with Article 9(1) of the Arrangement.

(7) Where the court modifies the European protection order in accordance with sub-regulation (1)(a) or with sub-regulation (4), the competent authority in the executing State shall, as appropriate:

(a) modify the measures adopted on the basis of the European protection order, acting in accordance with Article 9 of the Arrangement; 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 incomplete or has not been completed within the time limit set by the competent authority of the executing State in accordance with regulation 11(6).