Cap. 345 Art. 39GAPublication of administrative penalties and administrative measures in relation to covered bonds.

(1) The competent authority shall publish any decision imposing an administrative penalty or any other administrative measure in terms of article 39CA on its official website without undue delay after the person on whom the administrative penalty or administrative measure was imposed has been informed of that decision as well as of its publication on the official website of the competent authority.

(2) The information published pursuant to sub-article (1) shall include information on the type and nature of the breach and the identity of the natural or legal person on whom the administrative penalty or administrative measure is imposed.

(3) Notwithstanding the provisions of sub-articles (1) and (2), any decision imposing an administrative penalty or any other administrative measure in terms of article 39CA shall, in any of the following circumstances, be published on an anonymous basis and in accordance with Maltese law:

(a) where the administrative penalty or administrative measure is imposed on a natural person and the publication of personal data is found to be disproportionate;

(b) where the publication would jeopardise the stability of financial markets or an ongoing criminal investigation;

(c) where publication would cause, insofar as it can be determined, disproportionate damage to the credit institutions or natural persons involved:

Provided that in such cases the publication of the relevant data may be postponed.

(4) Where the decision to impose an administrative penalty or any other administrative measure is subject to appeal before a national judicial, administrative or other authority, the competent authority shall, without undue delay, also publish on its official website information on the status of the appeal and on the outcome thereof. Any decision annulling a decision of the competent authority to impose an administrative penalty or any other administrative measure shall also be published.

(5) Any decision that is published in accordance with this article shall remain on the official website of the competent authority for a period of at least five (5) years from the date of its publication:

Provided that personal data contained in any such decision shall only be retained on the official website of the competent authority for the period which is necessary in accordance with the applicable data protection legislation. Such a retention period shall be determined taking into account the limitation periods provided for under Maltese law, but shall in no case be longer than ten (10) years.

(6) The competent authority shall inform the EBA of any administrative penalties and other administrative measures imposed in terms of article 39CA, including, where relevant, any appeal in relation thereto and the outcome thereof.

(7) The competent authority shall, from time to time, contact the Office of the Attorney General and the Commissioner of Police and seek information about any criminal punishments that may have been imposed for any breaches of any provisions of Part IV or any bis regulations or Covered Bonds Rules issued thereunder. The Commissioner of Police and, or, the Office of the Attorney General, as applicable, shall cooperate and shall provide their reply to the competent authority in a timely manner, thereby providing any information and details of the final judgement as necessary and shall, where relevant, send the competent authority a copy of the final judgement in relation to any such criminal punishments imposed. The competent authority shall submit said information and details and, where relevant, any such copies of final judgements, to the EBA.

(8) The provisions of this article shall apply notwithstanding the provisions of article 41A.