ACT No. XXXIV of 2016 AN ACT to amend various laws for the purposes of transposing Directive 2013/55/EU.

I assent.

M ARIE- L OUISE

(L.S.)

C OLEIRO P RECA

President

28th June, 2016

ACT No. XXXIV of 2016

AN ACT to amend various laws for the purposes of transposing

Directive 2013/55/EU.

BE IT ENACTED by the President, by and with the advice and

consent of the House of Representatives, in this present Parliament

assembled, and by the authority of the same as follows:-

The short title of this Act is the Various Laws Short title.

(Transposition of Directive 2013/55/EU) (Amendment) Act, 2016.

Part I

Amendments to the Education Act

This Part amends the Education Act, and it shall be read Amendments to

and construed as one with the Education Act, hereinafter in this Part the

Act.

referred to as "the principal Act".

In sub-article (2) of article 24 of the principal Act, for the Amendment of

words "A person shall not qualify" there shall be substituted the article

principal Act.

words "Without prejudice to any provision made by or under the

Mutual Recognition of Qualifications Act and regulations made

thereunder, a person shall not qualify".

Part II

Amendments to the Malta Travel and Tourism Act

This Part amends the Malta Travel and Tourism Act, and it Amendments to

shall be read and construed as one with the Malta Travel and Tourism the

and Tourism

Act, hereinafter in this Part referred to as "the principal Act".

Act.

In article 28 of the principal Act, for the words "A license

shall not be granted" there shall be substituted the words "Without

prejudice to the provisions of the Mutual Recognition of

Qualifications Act and regulations made thereunder, a license shall

not be granted".

Part III

Amendments to the Veterinary Services Act

This Part amends the Veterinary Services Act, and it shall

be read and construed as one with the Veterinary Services Act,

hereinafter in this Part referred to as "the principal Act".

Article 2 of the principal Act shall be amended as follows

(a)

immediately after the definition "animal" there shall

be added the following new definition

" "aptitude test" means a test of the professional

knowledge, skills and competences of the applicant,

made by the Council with the aim of assessing the ability

of the applicant to pursue a regulated profession in

Malta;"; and

(b) immediately after the definition "importation" there

shall be added the following new definition

" "lifelong learning" means all general education,

vocational education and training, non-formal education

and informal learning undertaken throughout life,

resulting in an improvement in knowledge, skills and

competences, which may include professional ethics;".

Article 43 of the principal Act shall be amended as

(a)

in paragraph (b) of sub-article (5) thereof, for the

words "two years" there shall be substituted the words "one

year"; and

(b) sub-paragraph (ii) of paragraph (b) of sub-article (6)

thereof shall be substituted by the following

"(ii) The Council shall, within a maximum of one

month from the date of an acknowledged receipt of a

completed declaration and all necessary accompanying

documents, inform the applicant of its decision not to

check his professional qualifications or, having checked

his professional qualifications, to either require the

applicant to take an aptitude test or to allow the

provision of services."; and

(c) immediately after sub-paragraph (iv) of paragraph

(b) of sub-article (6) thereof, there shall be added the following

new sub-paragraphs

"(v) Where there is a substantial difference between

the professional qualifications of the applicant and the

training required in Malta, to the extent that that

difference is such as to be harmful to public health or

safety, and that it cannot be compensated by the

applicant’s professional experience or by knowledge,

skills and competences acquired through lifelong

learning formally validated to that end by a relevant

body, the Council shall give that applicant the

opportunity to show, by means of an aptitude test, that he

has acquired the knowledge, skills or competence that

were lacking. The Council shall take a decision on that

basis on whether to allow the provision of services. In

any case, it must be possible to provide the service

within one month of the decision taken in accordance

with sub-paragraph (ii).

(vi) All aptitude tests shall be provided directly by

the Council or sub-contracted to any other authority,

organisation or institute as chosen by the Council.

(vii) All expenses in taking aptitude tests shall be

borne by the applicant.";

(d) immediately after sub-article (6) thereof, there shall

be added the following new sub-article

"(7) (a)

Veterinary surgeons benefiting from the

recognition of professional qualifications shall have a

knowledge of languages necessary for practising the

profession in Malta.

(b)

The Council shall ensure that any

controls carried out to ensure compliance with the

obligation under paragraph (a) shall be limited to the

knowledge of one official language of Malta.

(c)

Controls carried out in accordance with

paragraph (b) may be imposed in cases where there is a

serious and concrete doubt about the sufficiency of the

veterinary surgeon’s language knowledge in respect of

the professional activities which that veterinary surgeon

intends to pursue.

(d)

Controls may be carried out only after

the recognition of a professional qualification.

(e)

Any language controls shall be

proportionate to the activity to be pursued, and shall be

subject to appeal.".

Part IV

Amendments to the Cultural Heritage Act

This Part amends the Cultural Heritage Act, and it shall be

read and construed as one with the Cultural Heritage Act, hereinafter

in this Part referred to as "the principal Act".

Article 33A of the principal Act shall be amended as

(a)

in paragraph (b) of sub-article (1) thereof, for the

words "two years" there shall be substituted the words "one

year";

(b) in paragraph (e) of sub-article (2) thereof, for the

words "two years" there shall be substituted the words "one

year";

(c)

for sub-article (3) thereof there shall be substituted

the following

"(3) Without prejudice to the Mutual Recognition of

Qualifications Act and notwithstanding the provisions of

article 31 of this Act, submission of the required

declaration in accordance with sub-article (2) shall

entitle that person to have access to the profession of a

restorer or to exercise that activity in the entire territory

of Malta."; and

(d) sub-articles (5) and (6) thereof shall be deleted, and

sub-article (7) shall be renumbered as sub-article (5).

Part V

Amendments to the Mutual Recognition of Qualifications Act

This Part amends the Mutual Recognition of Qualifications Amendments to

Act, and it shall be read and construed as one with the Mutual the

Recognition of

Recognition of Qualifications Act, hereinafter in this Part referred to Qualifications

Act.

as "the principal Act".

In article 2 of the principal Act, for the definition of Amendment of

article 2 of the

"professional experience" there shall be substituted the following

principal Act.

" "professional experience" means the actual and lawful

full-time or equivalent part-time pursuit of the profession

concerned in a Member State;".

Immediately after sub-article (2) of article 5 of the Amendment of

article 5 of the

principal Act, there shall be added the following new sub-article

principal Act.

"(3) The Mutual Recognition Coordinator shall also be

responsible for

(a) collecting all information which is relevant for

the application of Directive 2005/36/EC;

(b) examining suggestions for common training

frameworks and common training tests;

(c) exchanging information and best practice for

the purpose of optimising continuous professional

development in Member States; and

(d) exchanging information and best practice on the

application of compensation measures provided for

under this Act.".

Part VI

Amendments to the Health Care Professions Act

This Part amends the Health Care Professions Act, and it Amendments to

shall be read and construed as one with the Health Care Professions the

Professions Act.

Act, hereinafter in this Part referred to as "the principal Act".

Article 2 of the principal Act shall be amended as follows

Amendment of

article 2 of the

principal Act.

(a)

for the definition "aptitude test" there shall be

substituted the following

" "aptitude test" means a test of the professional

knowledge, skills and competences of the applicant,

made by the relevant Councils with the aim of assessing

the ability of the applicant to pursue a regulated

profession in Malta;";

(b) immediately after the definition "Councils for the

Professions Complementary to Medicine" there shall be added

the following new definition

" "ECTS credits" means the credit system for higher

education used in the European Higher Education

Area;";

(c) immediately after the definition "European

Economic Area" there shall be added the following new

definition

" "European Professional Card" means an electronic

certificate proving either that the professional has met all

the necessary conditions to provide services in a host

Member State on a temporary and occasional basis or the

recognition of professional qualifications for

establishment in a host Member State;";

(d) immediately after the definition "legal practitioner"

there shall be added the following new definition

" "lifelong learning" means general education,

vocational education and training, non-formal education

and informal learning undertaken throughout life,

resulting in an improvement in knowledge, skills and

competences, which may include professional ethics;";

(e)

immediately after the definition "Minister" there

shall be added the following new definition

" "overriding reasons of general interest" means

reasons recognised as such in the case-law of the Court

of Justice of the European Union;";

(f)

for the definition "professional experience" there

shall be substituted the following

" "professional experience" means the actual and

lawful full-time or equivalent part-time pursuit of the

profession concerned in a Member State"; and

(g) immediately after the definition "professional

experience" there shall be added the following new definition

" "professional traineeship" means a period of

professional practice carried out under supervision

provided it constitutes a condition for access to a

regulated profession, and which can take place either

during or after completion of an education leading to a

diploma;".

Sub-article (3) of article 13 of the principal Act shall be Amendment of

article 13 of the

amended as follows

principal Act.

(a)

in paragraph (e) thereof, for the words "preparation,

testing storage and supply of medicinal products" there shall be

substituted the words "supply, preparation, testing, storage,

distribution and dispensing of safe and efficacious medicinal

products of the required quality";

(b) in paragraph (f) thereof, for the words "of medicinal

products in hospitals;" there shall be substituted the words "of

safe and efficacious medicinal products of the required quality

in hospitals;";

(c)

in paragraph (g) thereof, for the words "medicinal

products" there shall be substituted the words "medicinal

products as such, including on their appropriate use;"; and

(d) immediately after paragraph (g) thereof, there shall

be added the following new paragraphs

"(h) reporting

of

adverse

reactions

of

pharmaceutical products to the competent authorities;

(i) personalised support

for

patients

who

administer their medication;

(j) contribution to local or national public health

campaigns.".

Paragraph (b) of sub-article (1) of article 23 of the Amendment of

article 23 of the

principal Act shall be amended as follows

principal Act.

(a)

for sub-paragraph (i) thereof there shall be

substituted the following

"(i) full-time training of at least three years as a

midwife, which may in addition be expressed with the

equivalent ECTS credits, consisting of at least 4,600

hours of theoretical and practical training, with at least

one third of the minimum duration representing clinical

training;";

(b) in sub-paragraph (ii) thereof, for the words "at least

two years or 3,600 hours" there shall be substituted the words

"at least two years, which may be expressed with the equivalent

ECTS credits, consisting of at least 3,600 hours"; and

(c)

in sub-paragraph (iii) thereof, for the words "at least

18 months or 3,000 hours" there shall be substituted the words

"at least 18 months, which may in addition be expressed with

the equivalent ECTS credits, consisting of at least 3,000 hours".

Article 42 of the principal Act shall be amended as

follows

(a)

sub-paragraphs (d) to (h) of paragraph (iii) of sub-

article (1) thereof shall be re-numbered as paragraphs (e) to (i)

respectively;

(b) immediately after sub-paragraph (c) of paragraph

(iii) of sub-article (1) thereof there shall be added the following

"(d) whether the applicant is suspended or

prohibited from the pursuit of the profession as a result

of serious professional misconduct or conviction of

criminal offences relating to the pursuit of any of his

professional activities;";

(c)

in sub-paragraph (i), as re-numbered, of paragraph

(iii) of sub-article (1) thereof, immediately after the words

"profession in Malta." there shall be added the words "The

relevant Council shall ensure that any controls carried out to

ensure compliance with this requirement shall be limited to the

knowledge of one official language of Malta, or one

administrative language of Malta provided it is also an official

language of the European Union, and that controls shall be

carried out only if the profession to be practised has patient

safety implications or in cases where there is a serious and

concrete doubt about the sufficiency of the professional’s

language knowledge in respect of the professional activities

which that professional intends to pursue. Any language

controls shall be proportionate to the activity to be pursued and

subject to appeal in terms of article 49;";

(d) immediately after sub-paragraph (i), as re-

numbered, of paragraph (iii) of sub-article (1) thereof there shall

be added the following proviso

"Provided that controls may be carried out only after

the issuance of a European Professional Card in

accordance with article 42F or after the recognition of a

professional qualification, as the case may be.";

(e)

in sub-paragraph (iii) of paragraph (a) of sub-article

(4) thereof, for the words "in the Member State of establishment

for at least two years" there shall be substituted the words "in

one or several Member States for at least one year"; and for the

words "in that Member State" there shall be substituted the

words "in the Member State of establishment";

(f)

in paragraph (a) of sub-article (6) thereof,

immediately after the words "by any means.", there shall be

added the words "Submission of the required declaration by the

service provider shall entitle that service provider to have access

to the service activity or to exercise that activity in the entire

territory of Malta.";

(g) immediately after sub-paragraph (iii) of paragraph

(b) of sub-article (6) thereof, there shall be added the following

new sub-paragraphs

"(iv) for cases referred to in sub-article (4)(a)(iii),

any means of proof that the service provider has pursued

the activity concerned for at least one year during the

previous ten years;

(v) where the relevant Council so requires for its

own nationals, an attestation confirming the absence of

temporary or final suspensions from exercising the

profession or of criminal convictions;

(vi) for professions that have patient safety

implications, a declaration about the applicant’s

knowledge of the language necessary for practising the

profession in Malta.";

(h) for paragraph (e) of sub-article (6) thereof, there

shall be substituted the following

"(e) No later than one month after receipt of the

declaration and accompanying documents, the relevant

Council shall inform the service provider of its decision

(i)

not to check his professional qualifications;

(ii) having checked his professional qualifications

to require him either to take an aptitude test or to allow

him to provide the services.

Where there is a difficulty which would result in

delay in taking a decision, the relevant Council shall

notify the service provider of the reason for the delay

within the same deadline. The difficulty shall be solved

within one month of that notification and the decision

finalised within two months of resolution of the

difficulty.";

(i)

for paragraph (f) of sub-article (6) thereof, there

shall be substituted the following

"(f) Where there is a substantial difference between

the professional qualifications of the service provider

and the training required, to the extent that that

difference is such as to be harmful to public health or

safety, and that it cannot be compensated by the service

provider’s professional experience or by knowledge,

skills and competences acquired through lifelong

learning formally validated to that end by a relevant

body, the relevant Council shall give that service

provider the opportunity to show, by means of an

aptitude test, that he has acquired the knowledge, skills

or competence that were lacking. The relevant Council

shall take a decision on that basis on whether to allow

the provision of services. In any case, it must be possible

to provide the service within one month of the decision

taken in accordance with the previous paragraph.";

(j)

in paragraph (a) of sub-article (7) thereof, for the

words "Member State of establishment" there shall be

substituted the words "Member State of establishment, in the

event of justified doubts,"; and immediately after the words

"criminal sanctions of a professional nature." there shall be

added the words "In the event that the relevant Council decides

to check the service provider’s professional qualifications, it

may ask the competent authorities of the Member State of

establishment for information about the service provider’s

training courses to the extent necessary to assess substantial

differences likely to be harmful to public health or safety."; and

(k) immediately after paragraph (b) of sub-article (8)

thereof, there shall be added the following

"(c) Partial access to a profession shall be granted

under the conditions laid down in article 42H.".

Article 42A of the principal Act shall be amended as Amendment of

article 42A of

the principal

Act.

(a)

paragraph (a) of sub-article (2) thereof shall be

(b) paragraph (b) of sub-article (2) thereof shall be re-

numbered as paragraph (a);

(c)

paragraph (c) of sub-article (2) thereof shall be re-

numbered as paragraph (b), and for the words "and that

difference consists in specific training which is required in

Malta and which" there shall be substituted the words “and the

training required in Malta";

(d) immediately after paragraph (d) of sub-article (3)

thereof, there shall be added the following new paragraph

"(e) Notwithstanding the right of the applicant to

choose, as laid down in paragraph (a), the relevant

Council may stipulate either an adaptation period or an

aptitude test in the case of

(i)

a holder of a professional qualification

referred to in sub-article (5)(a), who applies for

recognition of his professional qualifications where

the professional qualification required in Malta is

classified under sub-article (5)(c); or

(ii)

a holder of a professional qualification

referred to in sub-article (5)(b), who applies for

recognition of his professional qualifications where

the professional qualification required in Malta is

classified under sub-article (5)(d) or (e).

In the case of a holder of a professional

qualification referred to in sub-article (5)(a) who

applies for recognition of his professional

qualifications where the professional qualification

required in Malta is classified under sub-article

(5)(d), the relevant Council may impose both an

adaptation period and an aptitude test.";

(e)

in sub-article (3) thereof, for the words "knowledge

is" there shall be substituted the words "knowledge, skills and

competences are"; and the words "duration or" shall be deleted;

(f)

sub-article (4) thereof shall be re-numbered as sub-

article (4)(a); for the word "knowledge" there shall be

substituted the words "knowledge, skills and competences"; and

for the words "professional experience" there shall be

substituted the words "professional experience or through

lifelong learning, and formally validated to that end by a

relevant body,";

(g) immediately after sub-article (4)(a), as renumbered,

thereof, there shall be added the following new paragraphs

"(b) The decision by any relevant Council imposing

an adaptation or an aptitude test period shall be duly

justified and shall provide the applicant with information

on the level of the professional qualification required in

Malta and the level of professional qualification held by

the applicant in accordance with sub-article (5), and the

substantial differences referred to in sub-article (3) and

the reasons for which those differences cannot be

compensated by knowledge, skills and competences

acquired in the course of professional experience or

through lifelong learning formally validated to that end

by a relevant body.

(c) The relevant Council shall ensure that an

applicant has the possibility of taking the aptitude test

referred to in sub-article (2) not later than six months

after the initial decision imposing an aptitude test on the

applicant.";

(h) for sub-paragraph (ii) of paragraph (c) of sub-article

(5) thereof there shall be substituted the following

"(ii) regulated education and training or, in the case

of regulated professions, vocational training with a

special structure, with competences going beyond what

is provided for in paragraph (b), equivalent to the level

of training provided for under sub-paragraph (i), if such

training provides a comparable professional standard

and prepares the trainee for a comparable level of

responsibilities and functions provided that the diploma

is accompanied by a certificate from the home Member

State;";

(i)

for paragraph (d) of sub-article (5) thereof there

shall be substituted the following

"(d) a diploma certifying that the holder has

successfully completed training at post-secondary level

of at least three and not more than four years’ duration,

or of an equivalent duration on a part-time basis, which

may in addition be expressed with an equivalent number

of ECTS credits, at a university or establishment of

higher education or another establishment of equivalent

level and, where appropriate, that he has successfully

completed the professional training required in addition

to the post-secondary course;";

(j)

in paragraph (e) of sub-article (5) thereof, for the

words "on a part-time basis," there shall be substituted the

words "on a part-time basis, which may in addition be expressed

with an equivalent number of ECTS credits,";

(k) in paragraph (a) of sub-article (6) thereof, for the

words "successful completion of training in the Community"

there shall be substituted the words "successful completion of

training in the Union, on a full-time or part-time basis, within or

outside formal programmes,";

(l)

in sub-article (8) thereof, the words "or an

attestation of a level of professional qualification at least

equivalent to the level immediately prior to that which is

required as provided by this Act" shall be deleted; and

(m)

in sub-article (9) thereof

(i) for the words "for two years" there shall be

substituted the words "for one year or for an equivalent

duration on a part-time basis";

(ii) the words "documents providing" shall be

deleted;

(iii) paragraph (b) thereof shall be deleted;

(iv) paragraph (c) thereof shall be re-numbered as

paragraph (b); and

(v) for the proviso thereof there shall be substituted

the following

"Provided that the one year professional experience

may not, however, be required if the evidence of formal

qualifications which the applicant possesses certifies

regulated education and training.";

(n) sub-article (10) thereof shall be re-numbered as sub-

article (11);

(o) immediately after sub-article (9) thereof there shall

be added the following new sub-article

"(10) The relevant Council shall accept the level

attested under sub-article (5) by the home Member State,

as well as the certificate by which the home Member

State certifies that regulated education and training or

vocational training with a special structure as referred to

in sub-article (5)(c)(ii) is equivalent to the level

provided for in sub-article (5)(c)(i)."; and

(p) sub-article (11) thereof, as re-numbered, shall be

substituted by the following

"(11) Notwithstanding the provisions of sub-articles

(8) and (9) and article 42B, the relevant Council may

refuse access to, and pursuit of, the profession to holders

of an attestation of competence classified under sub-

article (5)(a), where the national professional

qualification to exercise the profession in Malta is

classified in sub-article (5)(e).".

Article 42B of the principal Act shall be amended as

(a)

paragraph (a) of sub-article (1) thereof shall be

deleted;

(b) paragraph (b) of sub-article (1) thereof shall be re-

numbered as paragraph (a);

(c)

paragraph (c) of sub-article (1) thereof shall be re-

numbered as paragraph (b); and for the words "and that

difference consists in specific training which is required in

Malta and which" there shall be substituted the words "and the

training required in Malta";

(d) in sub-paragraph (a) of sub-article (5) thereof, for

the word "knowledge" there shall be substituted the words

"knowledge, skills and competences"; and for the words

"professional experience" there shall be substituted the words

"professional experience or through lifelong learning, and

formally validated to that end by a relevant body,";

(e)

in sub-paragraph (b) of sub-article (5) thereof, for

the words "knowledge is" there shall be substituted the words

"knowledge, skills and competences are"; and the words

"duration or" shall be deleted; and

(f)

immediately after sub-article (5) thereof, there shall

be added the following new sub-articles

"(6) The decision by any relevant Council imposing

an adaptation or an aptitude test period shall be duly

justified and shall provide the applicant with information

on the level of the professional qualification required in

Malta and the level of professional qualification held by

the applicant in accordance with article 42A(5), and the

substantial differences referred to in sub-article (5) and

the reasons for which those differences cannot be

compensated by knowledge, skills and competences

acquired in the course of professional experience or

through lifelong learning formally validated to that end

by a relevant body.

(7) The relevant Council shall ensure that an

applicant has the possibility of taking the aptitude test

referred to in this article not later than six months after

the initial decision imposing an aptitude test on the

applicant.".

Immediately after article 42B of the principal Act, there Addition of new

article to the

shall be added the following new article

principal Act.

" European

Minnufih wara l-artikolu 42Ċ tal-Att prinċipali għandu Żjieda ta’

artikolu ġdid

jiżdied l-artikolu ġdid li ġej

mal-Att

prinċipali.

" Applikazzjoni-

(1) Subject to the European

Professional

Commission having adopted implementing

Card.

acts as specified in Directive 2005/36/EC, the

relevant Council shall issue holders of a

professional qualification with a European

Professional Card upon their request.

(2) When a European Professional Card

has been introduced for a profession regulated

by this Act by means of relevant implementing

acts referred to in sub-article (1), the holder of

a professional qualification concerned may

choose to apply for such a European

Professional Card or to make use of the

procedures provided for in Titles II and III of

Directive 2005/36/EC.

(3) A holder of a European Professional

Card shall benefit from all the rights conferred

by articles 42D to 42G.

(4) Where the holder of a professional

qualification intends to provide services under

Title II of Directive 2005/36/EC other than

those covered by Article 7(4) of the same

Directive, the relevant Council shall issue the

European Professional Card in accordance

with articles 42D and 42E.

(5) The relevant Council shall also, in

cases when Malta is the host Member State,

recognise a European Professional Card as a

declaration under article 42.

(6) Where the holder of a professional

qualification intends to establish himself in

another Member State under Chapters I to IIIa

of Title III of Directive 2005/36/EC or to

provide services under Article 7(4) of

Directive 2005/36/EC, the relevant Council

shall complete all preparatory steps with regard

to the individual file of the applicant created

within the Internal Market Information System

(IMI) (‘IMI file’) as provided for in Articles

42D and 42F. The relevant Council shall issue

the European Professional Card in accordance

with articles 42D and 42F. For the purpose of

establishment in Malta, a European

Professional Card shall not provide an

automatic right to practise a particular

profession

if

there

are

registration

requirements or other control procedures

already in place in Malta before a European

Professional Card is introduced for that

profession.

(7) The relevant Council shall be

responsible for dealing with IMI files and

issuing European Professional Cards. The

relevant Council shall ensure an impartial,

objective and timely processing of applications

for European Professional Cards. The relevant

Council shall inform citizens, including

prospective applicants, about the functioning

and the added value of a European Professional

Card for the professions for which it is

available.

(8) The relevant Council may charge

fees to issue a European Professional Card,

provided such fees shall be reasonable,

proportionate and commensurate with the costs

incurred by the relevant Council and shall not

act as a disincentive to apply for a European

Professional Card.".

22. Immediately after article 42C of the principal Act, there Addition of new

article to the

shall be added the following new article

principal Act.

" Applications

(1) In cases where Malta is the

for a European

home Member State, the relevant Council shall

Professional

enable a holder of a professional qualification

Card.

to apply for a European Professional Card

through an on-line tool that automatically

creates an IMI file for the particular applicant.

Written applications shall not be permitted.

(2) Applications shall be supported by

the documents specified in implementing acts

to be adopted by the European Commission

pursuant to Directive 2005/36/EC.

(3) Within one week of receipt of the

application, the relevant Council shall

acknowledge receipt of the application and

inform the applicant of any missing document.

Where applicable, the relevant Council shall

issue any supporting certificate required under

this Act or Directive 2005/36/EC. The relevant

Council shall verify whether the applicant is

legally established in Malta and whether all the

necessary documents which have been issued

in Malta are valid and authentic. In the event of

duly justified doubts, the relevant Council shall

consult the relevant body and may request

from the applicant certified copies of

documents. In case of subsequent applications

by the same applicant, the relevant Council

may not request the re-submission of

documents which are already contained in the

IMI file and which are still valid.

(4) In cases where Malta is the host

Member State, the relevant Council may not

request the re-submission of documents which

are already contained in the IMI file of the

applicant and which are still valid.".

23. Immediately after article 42D of the principal Act, there

Addition of new

article to the

shall be added the following new article

principal Act.

" Verification of

(1) In cases where Malta is the

application and

home Member State, the relevant Council shall

supporting

verify the application and the supporting

documents.

documents in the IMI file and issue the

European Professional Card for the temporary

and occasional provision of services other than

those covered by Article 7(4) of Directive

2005/36/EC within three weeks. That time

period shall start upon receipt of the missing

documents referred to in sub-article 42D(3) or,

if no further documents were requested, upon

the expiry of the one-week period referred to in

that sub-article. The relevant Council shall

then transmit the European Professional Card

immediately to the competent authority of each

host Member State concerned and shall inform

the applicant accordingly.

(2) In cases where Malta is the host

Member State, the relevant Council may not

require any further declaration under article 42

for the following eighteen months.

(3) The decision of the relevant Council

or the absence of a decision within the period

of three weeks referred to in sub-article (1)

shall be subject to appeal in terms of article 49.

(4) If a holder of a European

Professional Card wishes to provide services in

Member States other than those initially

mentioned in the application referred to in sub-

article (1) that holder may apply for such

extension. If the holder wishes to continue

providing services beyond the period of

eighteen months referred to in sub-article (1),

that holder shall inform the relevant Council

accordingly. In either case, that holder shall

also provide any information on material

changes in the situation substantiated in the

IMI file that may be required by the relevant

Council in accordance with the implementing

acts to be adopted by the European

Commission. The relevant Council shall

transmit the updated European Professional

Card to the host Member States concerned.

(5) A European Professional Card

issued by a competent authority of another

Member State shall be valid in the entire

territory of Malta for as long as its holder

maintains the right to practice on the basis of

the documents and information contained in

the IMI file.".

24. Immediately after article 42E of the principal Act, there Addition of new

article to the

shall be added the following new article 42F

principal Act.

" Verification of

(1) In cases where Malta is the

authenticity and

home Member State, the relevant Council

validity of the

shall, within one month, verify the authenticity

supporting

documents.

and validity of the supporting documents in the

IMI file for the purpose of issuing a European

Professional Card for establishment or for the

temporary and occasional provision of services

under Article 7(4) of Directive 2005/36/EC.

That time period shall start upon receipt of the

missing documents referred to in article

42D(3) or, if no further documents were

requested, upon the expiry of the one-week

period referred to in that article. It shall then

transmit the application immediately to the

competent authority of the host Member State.

The relevant Council shall inform the applicant

of the status of the application at the same time

as it transmits the application to the host

Member State.

(2) In cases where Malta is the host

Member State, in the instances referred to in

Article 21 of Directive 2005/36/EC, the

relevant Council shall decide whether to issue

a European Professional Card under sub-article

(1) within one month of receipt of the

application transmitted by the home Member

State. In the event of duly justified doubts, the

relevant Council may request additional

information from, or the inclusion of a certified

copy of a document by, the home Member

State, which the latter shall provide no later

than two weeks after the submission of the

request. Subject to sub-article (5), the period of

one month shall apply, notwithstanding any

such request

Provided that, in cases where Malta

is the home Member State, upon receipt of a

request for additional information, or the

inclusion of certified copy of a document, from

the host Member State, the relevant Council

shall provide the same not later than two weeks

after the submission of the request.

(3) In cases where Malta is the host

Member State, in the instances referred to in

articles 42(6), 42A(2) and 42B, the relevant

Council shall decide whether to issue a

European Professional Card or to subject the

holder of a professional qualification to

compensation measures within two months of

receipt of the application transmitted by the

home Member State. In the event of duly

justified doubts, the relevant Council may

request additional information from, or the

inclusion of a certified copy of a document by,

the home Member State which the latter shall

provide no later than two weeks after the

submission of the request. Subject to sub-

article (5), the period of two months shall

apply, notwithstanding any such request

Provided that, in cases where Malta

is the home Member State, upon receipt of a

request for additional information or the

inclusion of a document from the host Member

State, the relevant Council shall provide the

same not later than two weeks after the

submission of the request.

(4) In cases where Malta is the host

Member State, in the event that the relevant

Council does not receive the necessary

information which it may require in

accordance with this Act for taking a decision

on the issuance of the European Professional

Card from either the home Member State or the

applicant, it may refuse to issue the Card. Such

refusal shall be duly justified.

(5) In cases where Malta is the host

Member State, where the relevant Council fails

to take a decision within the time limits set out

in sub-articles (2) and (3) or fails to organise

an aptitude test in accordance with article

42(6), the European Professional Card shall be

deemed to be issued and shall be sent

automatically, through IMI, to the holder of a

professional qualification.

The relevant Council shall have the

possibility to extend by two weeks the

deadlines set out in sub-articles (2) and (3) for

the automatic issuance of the European

Professional Card. It shall explain the reason

for the extension and inform the applicant

accordingly. Such an extension may be

repeated once and only where it is strictly

necessary, in particular for reasons relating to

public health or the safety of the service

recipients.

(6) In cases where Malta is the host

Member State, the actions taken by the home

Member State in accordance with sub-article

(1) shall replace any application for

recognition of professional qualifications

under the national law of Malta.

(7) The decisions of a relevant Council

under sub-articles (1) to (5) or the absence of

decision shall be subject to appeal in

accordance with article 49.".

25. Immediately after article 42F of the principal Act, there Addition of new

article to the

shall be added the following new article

principal Act.

" Updating of

(1) Without prejudice to the

IMI file.

presumption of innocence, the relevant Council

shall update, in a timely manner, the

corresponding IMI file with information

regarding disciplinary actions or criminal

sanctions which relate to a prohibition or

restriction and which have consequences for

the pursuit of activities by the holder of a

European Professional Card under this Act or

Directive 2005/36/EC. In so doing it shall

respect personal data protection rules provided

for in Directive 95/46/EC and Directive 2002/

58/EC. Such updates shall include the deletion

of information which is no longer required.

The holder of the European Professional Card

as well as the competent authorities that have

access to the corresponding IMI file shall be

informed immediately of any updates.

(2) The content of the information

updates referred to in sub-article (1) shall be

limited to the following

(a)

the

identity

of

the

professional;

(b) the profession concerned;

(c)

information

about

the

national authority or court which has

adopted the decision on restriction or

prohibition;

(d) the scope of the restriction or

the prohibition; and

(e)

the period for which the

restriction or the prohibition applies.

(3) Access to the information in the IMI

file shall be limited to the relevant Council, in

accordance with Directive 95/46/EC. The

relevant Council shall inform the holder of the

European Professional Card of the content of

the IMI file upon that holder’s request.

(4) The information included in the

European Professional Card shall be limited to

the information that is necessary to ascertain

its holder’s right to exercise the profession for

which it has been issued, namely the holder’s

name, surname, date and place of birth,

profession, formal qualifications, and the

applicable regime, designated or competent

authorities involved, Card number, security

features and reference to a valid proof of

identity. Information relating to professional

experience

acquired,

or

compensation

measures passed, by the holder of the European

Professional Card shall be included in the IMI

file.

(5) The personal data included in the

IMI file may be processed for as long as it is

needed for the purpose of the recognition

procedure as such and as evidence of the

recognition or of the transmission of the

declaration required under Article 7 of

Directive 2005/36/EC or article 42. The holder

of a European Professional Card shall have the

right at any time, and at no cost to that holder,

to request the rectification of inaccurate or

incomplete data, or the deletion or blocking of

the IMI file concerned. The holder shall be

informed of this right at the time the European

Professional Card is issued, and reminded of it

every two years thereafter. The reminder shall

be sent automatically via IMI where the initial

application for the European Professional Card

was submitted online.

In the event of a request for deletion

of an IMI file linked to a European

Professional Card issued for the purpose of

establishment or temporary and occasional

provision of services under Article 7(4) of

Directive 2005/36/EC or article 42(6), the

relevant Council shall issue the holder of

professional qualifications with evidence

attesting to the recognition of his professional

qualifications.

(6) In relation to the processing of

personal data in the European Professional

Card and all IMI files, the relevant Council

shall be regarded as controller within the

meaning of point (d) of Article 2 of Directive

95/46/EC.

(7) Without prejudice to sub-article (3),

relevant Councils shall permit employers,

customers, patients, public authorities and

other interested parties to verify the

authenticity and validity of a European

Professional Card presented to them by the

Card holder.".

26. Immediately after article 42G of the principal Act, there

Addition of new

article to the

shall be added the following new article

principal Act.

" Access to a

(1) Relevant Councils shall grant

professional

partial access, on a case-by-case basis, to a

activity.

professional activity only when all the

following conditions are fulfilled

(a)

the professional is fully

qualified to exercise in the home Member

State the professional activity for which

partial access is sought in Malta;

(b) differences

between

the

professional activity legally exercised in

the home Member State and the regulated

profession in Malta as such are so large

that the application of compensation

measures would amount to requiring the

applicant to complete the full programme

of education and training required in

Malta to have access to the full regulated

profession in Malta;

(c)

the professional activity can

objectively be separated from other

activities falling under the regulated

profession in Malta; provided that for this

purpose the relevant Council shall take

into account whether the professional

activity can be pursued autonomously in

Malta.

(2) Partial access may be rejected if

such rejection is justified by overriding reasons

of general interest, suitable for securing the

attainment of the objective pursued, and does

not go beyond what is necessary to attain that

objective.

(3) Applications for the purpose of

providing temporary and occasional services in

Malta concerning professional activities that

have public health or safety implications shall

be examined in accordance with article 42.

(4) Notwithstanding the provisions of

article 42(6) and paragraphs 1(8)(a), (b) and (c)

of the Sixth Schedule, the professional activity

shall be exercised under the professional title

of the home Member State once partial access

has been granted. The relevant Council may

require use of that professional title in the

languages of Malta. Professionals benefiting

from partial access shall clearly indicate to the

service recipients the scope of their

professional activities.

(5) This article shall not apply to

professionals benefiting from automatic

recognition

of

their

professional

qualifications.".

27. Immediately after article 42H of the principal Act there Addition of new

article to the

shall be added the following new article

principal Act.

" Councils to

(1) The relevant Councils shall

ensure that all

ensure that all requirements, procedures and

requirements,

formalities relating to matters covered by Part

procedures and

formalities may

VIII may be easily completed, remotely and by

be easily

completed.

electronic means. The relevant Councils shall

be permitted to request certified copies at a

later stage in the event of justified doubts and

where strictly necessary

Provided that this shall not apply to

the carrying out of an adaptation period or an

aptitude test.

(2) Where it is justified for a relevant

Council to ask for advanced electronic

signatures, as defined in point 2 of Article 2 of

Directive 1999/93/EC, for the completion of

procedures referred to in sub-article (1), the

relevant Council shall accept electronic

signatures in compliance with Commission

Decision 2009/767/EC of 16 October 2009 and

provide for technical means to process

documents with advanced electronic signature

in formats defined by Commission Decision

2011/130/EU of 25 February 2011.

(3) All procedures shall be carried out

in accordance with article 4(d) of the Services

(Internal Market) Act relating to the point of

single contact. The procedural time limits set

out in articles 42(1)(f), (g) and (h) and 42(6)

shall commence at the point when an

application or any missing document has been

submitted by a citizen to the point of single

contact or directly to the relevant Council. Any

request for certified copies referred to in sub-

article (1) shall not be considered as a request

for missing documents.".

28. Immediately after article 42I there shall be added the

Addition of new

article to the

following new article

principal Act.

" Professional

(1) If access to a regulated

traineeship.

profession in Malta is contingent upon

completion of a professional traineeship, the

relevant Council shall, when considering a

request for authorisation to exercise the

regulated profession, recognise professional

traineeships carried out in another Member

State provided the traineeship is in accordance

with the published guidelines referred to in

sub-article (2), and shall take into account

professional traineeships carried out in a third

country, subject to any reasonable limits,

established by law, on the duration of the part

of the professional traineeship which can be

carried out abroad.

(2) Recognition of the professional

traineeship shall not replace any requirements

in place to pass an examination in order to gain

access to the profession in question. The

relevant Council shall publish guidelines on

the

organisation

and

recognition

of

professional traineeships carried out in another

Member State or in a third country, in

particular on the role of the supervisor of the

professional traineeship.".

29. In paragraph (c) of sub-article (3) of article 49 of the Amendment of

principal Act, for the words "article 42" there shall be substituted the article

principal Act.

words "article 42, or otherwise aggrieved by a decision of the relevant

Council when an appeal against such a decision is permitted in

accordance with Part VIII".

30. The Sixth Schedule to the principal Act shall be amended Amendment of

the Sixth

Schedule to the

principal Act.

(a)

immediately after sub-paragraph (b) of paragraph

1(8) thereof there shall be added the following new sub-

paragraph

"(c) The Medical Council shall recognise the

qualifications of specialised doctors awarded in Italy,

and listed in parts 1b and 1c of Schedule 2, to doctors

who started their specialist training after 31 December

1983 and before 1 January 1991, even if the training

concerned does not satisfy all the training requirements

set out in Directive 2005/36/EC, in so far as the

qualification is accompanied by a certificate issued by

the competent Italian authorities stating that the doctor

concerned has effectively and lawfully been engaged, in

Italy, in the activities of a medical specialist in the same

specialist area concerned, for at least seven consecutive

years during the ten years preceding the award of the

certificate.";

(b) paragraph (a) under the heading ‘Acquired rights

specific to nurses’ shall be deleted;

(c)

paragraph (b) under the heading ‘Acquired rights

specific to nurses’ shall be re-numbered as paragraph (a), and

shall be substituted by the following

"(a) Where the general rules of acquired rights apply

to nurses responsible for general care, the activities

referred to in Article 23 of Directive 2005/36/EC must

have included full responsibility for the planning,

organisation and administration of nursing care

delivered to the patient.";

(d) paragraph (c) under the heading ‘Acquired rights

specific to nurses’ shall be re-numbered as paragraph (b), and

shall be substituted by the following

"(b) The relevant Council shall recognise evidence

of formal qualifications in nursing that

(i) were awarded in Poland, to nurses who

completed training before 1 May 2004, which did not

comply with the minimum training requirements laid

down in Article 31 of Directive 2005/36/EC; and

(ii) are attested by the diploma ‘bachelor’ which

was obtained on the basis of a special upgrading

programme contained in

-

Article 11 of the Act of 20 April 2004 on the

amendment of the Act on professions of nurse and

midwife and on some other legal acts (Official Journal

of the Republic of Poland of 2004 No. 92, pos. 885 and

of 2007, No. 176, pos. 1237) and the Regulation of the

Minister of Health of 11 May 2004 on the detailed

conditions of delivering studies for nurses and

midwives, who hold a certificate of secondary school

(final examination - ‘matura’) and are graduates of

medical lyceum and medical vocational schools teaching

in a profession of a nurse and a midwife (Official

Journal of the Republic of Poland of 2004 No. 110, pos.

1170 and of 2010 No. 65, pos. 420); or

-

Article 52.3 point 2 of the Act of 15 July 2011

on professions of nurse and midwife (Official Journal of

the Republic of Poland of 2011 No. 174, pos. 1039) and

the Regulation of the Minister of Health of 14 June 2012

on the detailed conditions of delivering higher education

courses for nurses and midwives who hold a certificate

of secondary school (final examination - ‘matura’) and

are graduates of a medical secondary school or a post-

secondary school teaching in a profession of a nurse and

a midwife (Official Journal of the Republic of Poland of

2012, pos. 770), for the purpose of verifying that the

nurse concerned has a level of knowledge and

competence comparable to that of nurses holding the

qualifications listed for Poland in the Second Schedule.

As regards the Romanian qualification of nurse

responsible for general care, only the following acquired

rights provisions shall apply: in the case of nationals of

Member States who were trained as a nurse responsible

for general care in Romania and whose training does not

satisfy the minimum training requirements laid down in

Article 31 Directive 2005/36/EC, the relevant Council

shall recognise the following evidence of formal

qualifications as a nurse responsible for general care as

being sufficient proof, provided that that evidence is

accompanied by a certificate stating that those Member

State nationals have effectively and lawfully been

engaged in the activities of a nurse responsible for

general care in Romania, including taking full

responsibility for the planning, organisation and carrying

out of the nursing care of patients, for a period of at least

three consecutive years during the five years prior to the

date of issue of the certificate

(i) Certificat de competenþe profesionale de

asistent medical generalist with post-secondary

education obtained from a școală postliceală, attesting

to training started before 1 January 2007;

(ii) Diplomă de absolvire de asistent medical

generalist with short-time higher education studies,

attesting to training started before 1 October 2003;

(iii) Diplomă de licență de asistent medical

generalist with long-time higher education studies,

attesting to training started before 1 October 2003.";

(e)

immediately after sub-paragraph (e) under the

heading ‘Acquired rights specific to dental practitioners’ there

shall be added the following new sub-paragraphs

"(f) As regards evidence of formal qualifications of

dental practitioners, the relevant Council shall recognise

such evidence pursuant to Article 21 of Directive 2005/

36/EC in cases where the applicants began their training

on or before 18 January 2016.

(g) The relevant Council shall recognise evidence

of formal qualifications as a doctor issued in Spain to

professionals who began their university medical

training between 1 January 1986 and 31 December 1997,

accompanied by a certificate issued by the Spanish

competent authorities, provided the certificate confirms

that the following conditions have been met

(i) the professional in question has successfully

completed at least three years of study, certified by the

Spanish competent authorities as being equivalent to the

training referred to in Article 34 of Directive 2005/36/

EC;

(ii) the professional in question was effectively,

lawfully and principally engaged in the activities

referred to in Article 36 of Directive 2005/36/EC in

Spain for at least three consecutive years during the five

years preceding the award of the certificate;

(iii) the professional in question is authorised to

engage in or is effectively, lawfully and principally

engaged in the activities referred to in Article 36 of

Directive 2005/36/EC, under the same conditions as the

holders of evidence of formal qualifications listed for

Spain in Part IIa of the Second Schedule."; and

(f)

for sub-paragraph 1(c) under the heading ‘Acquired

rights specific to midwives’ there shall be substituted the

following

"(c) As regards evidence of formal qualifications of

midwives, the relevant Council shall recognise

automatically those qualifications where the applicant

started the training before 18 January 2016, and the

admission requirement for such training was 10 years of

general education or an equivalent level for route I, or

completed training as a nurse responsible for general

care as attested by evidence of formal qualification

referred to in Part V of the Second Schedule before

starting a midwifery training falling under route II."; and

(g) for sub-paragraph 1(d) under the heading ‘Acquired

rights specific to midwives’ there shall be substituted the

following

"(d) The relevant Council shall recognise evidence

of formal qualifications in midwifery that

(i) were awarded in Poland, to midwives who

completed training before 1 May 2004, which did not

comply with the minimum training requirements laid

down in Article 40 of Directive 2005/36/EC; and

(ii) are attested by the diploma ‘bachelor’ which

was obtained on the basis of a special upgrading

programme contained in

-

Article 11 of the Act of 20 April 2004 on the

amendment of the Act on professions of nurse and

midwife and on some other legal acts (Official Journal

of the Republic of Poland of 2004 No. 92, pos. 885 and

of 2007 No. 176, pos. 1237) and the Regulation of the

Minister of Health of 11 May 2004 on the detailed

conditions of delivering studies for nurses and

midwives, who hold a certificate of secondary school

(final examination - ‘matura’) and are graduates of

medical lyceum and medical vocational schools teaching

in a profession of a nurse and a midwife (Official

Journal of the Republic of Poland of 2004 No. 110, pos.

1170 and of 2010 No. 65, pos. 420); or

-

Article 53.3 point 3 of the Act of 15 July 2011

on professions of nurse and midwife (Official Journal of

the Republic of Poland of 2011 No. 174, pos. 1039) and

the Regulation of the Minister of Health of 14 June 2012

on the detailed conditions of delivering higher education

courses for nurses and midwives who hold a certificate

of secondary school (final examination - ‘matura’) and

are graduates of a medical secondary school or a post-

secondary school teaching in a profession of a nurse and

a midwife (Official Journal of the Republic of Poland of

2012, pos. 770), for the purpose of verifying that the

midwife concerned has a level of knowledge and

competence comparable to that of midwives holding the

qualifications listed for Poland in part IV of the Second

Schedule.".

31. Immediately after paragraph (f) of the Seventh Schedule to Amendment of

the principal Act, there shall be added the following new paragraph: the

Schedule to the

principal Act.

"(g) Where the relevant Council so requires for its own

nationals, an attestation confirming the absence of temporary or

final suspensions from exercising the profession or of criminal

convictions.".

Part VII

Amendments to the Psychology Profession Act

32. This Part amends the Psychology Profession Act, and it

shall be read and construed as one with the Psychology Profession

Act, hereinafter in this Part referred to as "the principal Act".

33. In sub-article (3) of article 3 of the principal Act, for the

words "A person shall not qualify" there shall be substituted the

words "Without prejudice to any provision made by or under the

Mutual Recognition of Qualifications Act, a person shall not qualify".

Part VIII

Amendments to the Youth Work Profession Act

34. This Part amends the Youth Work Profession Act, and it

shall be read and construed as one with the Youth Work Profession

Act, hereinafter in this Part referred to as "the principal Act".

35. In sub-article (3) of article 3 of the principal Act, for the

words "A person shall not qualify" there shall be substituted the

words "Without prejudice to any provision made by or under the

Mutual Recognition of Qualifications Act, a person shall not qualify".

Part IX

Amendments to the Counselling Profession Act

36. This Part amends the Counselling Profession Act, and it

shall be read and construed as one with the Counselling Profession

Act, hereinafter in this Part referred to as "the principal Act".

37. Article 3 of the principal Act shall be amended as follows

(a)

in sub-article (3) thereof, for the words "A person

shall qualify" there shall be substituted the words "Without

prejudice to any provision made by or under the Mutual

Recognition of Qualifications Act, a person shall qualify"; and

(b) in sub-article (4) thereof, for the words "A person

shall qualify" there shall be substituted the words "Without

prejudice to any provision made by or under the Mutual

Recognition of Qualifications Act, a person shall qualify".

Part X

Power to make regulations

38. The Minister responsible for Education may make

regulations for the purpose of amending subsidiary legislation in

order to implement fully the provisions of Directive 2013/55/EU.

Passed by the House of Representatives at Sitting No. 406 of the

22nd June, 2016.

A NĠLU F ARRUGIA

Speaker

R AYMOND S CICLUNA

Clerk of the House of Representatives

€3.24