Mutual Recognition of Professional Activities (Amendment)

L.N. 161 of 2004

MUTUAL RECOGNITION OF QUALIFICATIONS ACT

(ACT NO. XVIII of 2002)

Mutual Recognition of Professional Activities (Amendment)

(No. 2) Regulations, 2004

IN exercise of the powers conferred by article 8 of the Mutual

Recognition of Qualifications Act, 2002, the Minister of Education,

Youth and Employment has made the following regulations>-

(1) The title of these regulations is the Mutual Recognition Citation and

commencement.

of Professional Activities (Amendment) (No. 2) Regulations, 2004

and they shall be read and construed as one with the Mutual

Recognition of Professional Activities Regulations, 2002, hereinafter L.N. 272 of 2002.

referred to as “the principal regulations”.

(2)

These regulations shall come into force on the 1st

May, 2004.

For regulation 8 of the principal regulations there shall be Substitutes

regulation

substituted the following>

8 of the principal

regulations.

“Recognition

(1) Where the practice of any professional

of

activity listed in the Schedule is subject to possession of

professional

qualifications

general, commercial or professional knowledge and ability,

on the

a designated authority shall accept as sufficient evidence

basis of

professional

of such knowledge and ability the fact that the activity in

experience

question has been pursued in another Agreement State.

acquired in

another

Agreement

(2) In the case of the activities in List I of Part

State.

I to the Schedule, they shall have been pursued -

(a) for six consecutive years in either a self-

employed capacity or as a manager of an undertaking<

or

(b) for three consecutive years in a self-

employed capacity or as a manager of an undertaking

where the applicant proves that he has received at least

three years’ prior training for the activity in question,

attested by a nationally recognised certificate or

regarded by a competent authority as fully satisfying

its requirements< or

(c) for three consecutive years in a self-

employed capacity where the applicant proves that he

has pursued the activity in question for at least five

years in an employed capacity< or

(d) for five consecutive years in a managerial

capacity of which at least three years were spent in

technical posts with responsibility for one or more

departments of the undertaking where the applicant

proves that he has received at least three years’ prior

training for the activity in question, attested by a

nationally recognised certificate or regarded by a

competent authority as fully satisfying its

requirements>

Provided that in the cases referred to in paragraphs

(a) and (c), pursuit of the activity shall not have ceased

more than ten years before the date on which the application

is made.

(3) In the case of the activities in List II of Part I to

the Schedule, they shall have been pursued -

(a) for six consecutive years in either a self-

employed capacity or as a manager of an undertaking<

or

(b) (i) for three consecutive years in a self-

employed capacity or as a manager of an undertaking

where the applicant proves that he has received at least

three years’ prior training for the activity in question,

attested by a nationally recognised certificate or

regarded by a competent authority as fully satisfying

its requirements< or

(ii) for four consecutive years in a self-

employed capacity or as a manager of an undertaking

where the applicant proves that he has received at least

two years’ prior training for the activity in question,

attested by a nationally recognised certificate or

regarded by a competent authority as fully satisfying

its requirements< or

(c) for three consecutive years in a self-

employed capacity or as a manager of an undertaking

where the applicant proves that he has pursued the

activity in question for at least five years in an

employed capacity< or

(d) (i) for five consecutive years in an

employed capacity where the applicant proves that he

has received at least three years’ prior training for the

activity in question, attested by a nationally recognised

certificate or regarded by a competent authority as

fully satisfying its requirements< or

(ii) for six consecutive years in an

employed capacity where the applicant proves that he

has received at least two years’ prior training for the

activity in question, attested by a nationally recognised

certificate or regarded by a competent authority as

fully satisfying its requirements.

Provided that in the cases referred to in paragraphs

(a) and (c), pursuit of the activity shall not have ceased

more than ten years before the date on which the application

is made.

Provided that in the cases referred to in paragraphs

(a) and (c), pursuit of the activity shall not have ceased

more than ten years before the date on which the application

is made.

(4) In the case of the activities in List III of Part I to

the Schedule, they shall have been pursued -

(a) for six consecutive years in either a self-

employed capacity or as a manager of an undertaking<

or

(b) for three consecutive years in a self-

employed capacity or as a manager of an undertaking,

where the applicant proves that he has received at least

three years’ prior training for the activity in question,

attested by a nationally recognised certificate or

regarded by a competent authority as fully satisfying

its requirements< or

(c) for three consecutive years in a self-

employed capacity where the applicant proves that he

has pursued the activity in question for at least five

years in an employed capacity>

Provided that in the cases referred to in paragraphs

(a) and (c), pursuit of the activity shall not have ceased

more than ten years before the date on which the application

is made.

(5) In the case of the activities in List IV of Part I to

the Schedule, they shall have been pursued -

(a) for five consecutive years in either a self-

employed capacity or as a manager of an undertaking<

or

(b) for two consecutive years in a self-

employed capacity or as a manager of an undertaking

where the applicant proves that he has received at least

three years’ prior training for the activity in question,

attested by a nationally recognised certificate or

regarded by a competent authority as fully satisfying

its requirements< or

(c) for three consecutive years in a self-

employed capacity or as a manager of an undertaking

where the applicant proves that he has received at least

two years’ prior training for the activity in question,

attested by a nationally recognised certificate or

regarded by a competent authority as fully satisfying

its requirements< or

(d) for two consecutive years in a self-

employed capacity or as a manager of an undertaking

where the applicant proves that he has pursued the

activity in question for at least three years in an

employed capacity< or

(e) for three consecutive years in an employed

capacity where the applicant proves that he has

received at least two years’ previous training for the

activity in question, attested by a nationally recognised

certificate or regarded by a competent authority as

fully satisfying its requirements.

(6) In the case of the activities in List V(a) and (b)

of Part I to the Schedule, they shall have been pursued -

(a) for three years in a self-employed capacity

or as a manager of an undertaking, provided that

pursuit of the activity in question did not cease more

than two years before the date on which the application

is made<

(b) for three years in a self-employed capacity

or as a manager of an undertaking, provided that

pursuit of the activity in question did not cease more

than two years before the date on which the application

is made, unless the designated authority permits

Maltese citizens to interrupt their pursuit of that

activity for a longer period.

(7) In the case of the activities in List VI of Part I to

the Schedule, they shall have been pursued -

(a) for three consecutive years in either a self-

employed capacity or as a manager of an undertaking<

or

(b) for two consecutive years in a self-

employed capacity or as a manager of an undertaking

where the applicant proves that he has received prior

training for the activity in question, attested by a

nationally recognised certificate or regarded by a

competent authority as fully satisfying its

requirements< or

(c) for two consecutive years in a self-

employed capacity or as a manager of an undertaking

where the applicant proves that he has pursued the

activity in question for at least three years in an

employed capacity< or

(d) for three consecutive years in an employed

capacity where the applicant proves that he has

received previous training for the activity in question,

attested by a nationally recognised certificate or

regarded by a competent authority as fully satisfying

its requirements>

Provided that in the cases referred to in paragraphs

(a) and (c), pursuit of the activity shall not have ceased

more than ten years before the date on which the application

is made.”.

3. Immediately after Regulation 8 of the principal regulations,

the following new regulations 8A and 8B shall be added>

Where an applicant holds a nationally

recognised certificate obtained in an Agreement State

attesting to knowledge of and ability in the activity in

question equivalent to at least two or three years, as

appropriate, of professional training, that certificate may

be treated by a designated authority in the same way as a

certificate attesting to training of the duration required by

regulation 8(2)(b) and (d), regulation 8(3)(b) and (d),

regulation 8(4)(b) and regulation 8(5)(b), (c) and (e).

Where the duration of the training of the

training is at

applicant is at least two years and less than three years,

the requirements of regulation 8 shall be satisfied if the

three years. duration of professional experience in a self-employed

capacity or as a manager specified in regulation 8(2)(b)

and (d), regulation 8(3)(b)(i), regulation 8(4)(b) and

regulation 8(5)(b) or in an employed capacity specified in

regulation 8(3)(d)(i) is extended in the same proportion to

cover the difference in the duration of the training.”.

4. There shall be added to the principal regulations the

Schedule annexed to these regulations>

B

Schedule

PART ONE

Activities related to categories of professional experience

List I

Manufacture of textiles

Manufacturing and processing of textile materials on woollen machinery

Manufacturing and processing of textile materials on cotton machinery

Manufacturing and processing of textile materials on silk machinery

Manufacturing and processing of textile materials on flax and hemp machinery

Other textile fibre industries (jute, hard fibres, etc) cordage

Manufacture of knitted and crocheted goods

Textile finishing

Other textile industries

Manufacture of footwear, other wearing apparel and bedding

Machine manufacture of footwear (except from rubber or wool)

Manufacture by hand and repair of footwear

Manufacture of wearing apparel (except furs)

Manufacture of mattresses and bedding

Skin and fur industries

Manufacture of wood and cork, except manufacture of furniture

Sawing and industrial preparation of wood

Manufacture of semi-finished wood products

Series production of wooden building components including flooring

Manufacture of wooden containers

Manufacture of other wooden products (except furniture)

Manufacture of straw, cork, basketware, wicker-work and rattan products<

brush-making

Manufacture of wooden furniture

Manufacture of paper and paper products

Manufacture of pulp, paper and paperboard

Processing of paper and paperboard, and manufacture of articles of pulp

Printing, publishing and allied industries

Leather Industry

Tanneries and leather finishing plants

Manufacture of leather products

Manufacture of rubber and plastic products, man-made fibres and starch

products

Processing of rubber and asbestos

Processing of plastic materials

Production of man-made fibres

Chemical Industry

Manufacture of chemical base materials and further processing of such

materials

Specialised manufacture of chemical products principally for industrial and

agricultural purposes (including the manufacture for industrial use of fats and oils

of vegetable or animal origin)

Specialised manufacture of chemical products principally for domestic or office

use (excluding the manufacture of medicinal and pharmaceutical products)

Petroleum industry

Manufacture of non-metallic mineral products

Manufacture of structural clay products

Manufacture of glass and glass products

Manufacture of ceramic products, including refractory goods

Manufacture of cement, lime and plaster

Manufacture of structural materials, in concrete, cement and plaster

Stone working and manufacture of other non-metallic mineral products

Production and primary transformation of ferrous and non-ferrous metals

Iron and steel industry (as defined in the ECSC Treaty, including integrated

steelworks-owned coking plants)

Manufacture of steel tubes

Wire-drawing, cold-drawing, cold-rolling of strip, cold-forming

Production and primary transformation of non-ferrous metals

Ferrous and non-ferrous metal foundries

B

Manufacture of metal products (except machinery and transport equipment)

Forging, heavy stamping and heavy pressing

Secondary transformation and surface-treatment

Metal structures

Boilermaking, manufacture of industrial hollow-ware

Manufacture of tools and implements and finished articles of metal (except

electrical equipment)

Ancillary mechanical engineering activities

Manufacture of machinery other than electrical machinery

Manufacture of agricultural machinery and tractors

Manufacture of office machinery

Manufacture of metal-working and other machine-tools and fixtures and

attachments for these and for other powered tools

Manufacture of textile machinery and accessories, manufacture of sewing

machines

Manufacture of machinery and equipment for the food-manufacturing and

beverage industries and for the chemical and allied industries

Manufacture of plant and equipment for mines, iron and steel works foundries,

and for the construction industry< manufacture of mechanical handling

equipment

Manufacture of transmission equipment

Manufacture of machinery for other specific industrial purposes

Manufacture of other non-electric machinery and equipment

Electrical engineering

Manufacture of electric wiring and cables

Manufacture of motors, generators, transformers, switch gear, and other similar

equipment for the provision of electric power

Manufacture of electric equipment for direct commercial use

Manufacture of telecommunications equipment, meters, other measuring

appliances and electromedical equipment

Manufacture of electronic equipment, radio and television receivers, audio

equipment

Manufacture of electric appliances for domestic use

Manufacture of lamps and lighting equipment

Manufacture of batteries and accumulators

Repair, assembly and specialist installation of electric equipment

Manufacture of transport equipment

Manufacture of motor vehicles and part thereof

Repair of motor vehicles, motorcycles and cycles

Manufacture of motorcycles, cycles and parts thereof

Manufacture of transport equipment not elsewhere classified

Miscellaneous manufacturing industries

Manufacture of precision instruments and measuring and controlling

instruments

Manufacture of medico-surgical instruments and equipment and orthopaedic

appliances (except orthopaedic footwear)

Manufacture of photographic and optical equipment

Manufacture and repair of watches and clocks

Jewellery and precious metal manufacturing

Manufacture and repair of musical instruments

Manufacture of games, toys, sporting and athletic goods

Other manufacturing industries

Construction

Construction (non-specialised)< demolition

Construction of building (dwellings or other)

Civil engineering< building of roads, bridges, railways, etc.

Installation work

Decorating and finishing

Industries producing animal and vegetable fats and oils

Food manufacturing industries (excluding the beverage industry)

Slaughtering, preparation and preserving of meat

Milk and milk products industry

Canning and preserving of fruits and vegetables

Canning and preserving of fish and other sea foods

Manufacture of grain mill products

Manufacture of bakery products, including rusks and biscuits

Sugar industry

Manufacture of cocoa, chocolate and sugar confectionery

Manufacture of miscellaneous food products

Beverage industry

Production of ethyl alcohol by fermentation, production of yeast and spirits

Production of wine and other unmalted alcoholic beverages

B

Brewing and malting

Soft drinks and carbonated water industries

Manufacture of rubber products, plastic materials, artificial and synthetic

fibres and starch products

Manufacture of starch products

Fishing

Inland water fishing

Manufacture of transport equipment

Shipbuilding and repairing

Manufacture of railroad equipment

Manufacture of aircraft (including space equipment)

Activities allied to transport and activities other than transport coming

under the following groups>

Sleeping- and dining-car services< maintenance of railway stock in repair sheds<

cleaning of carriages

Maintenance of stock for urban, suburban and interurban passenger transport

Maintenance of stock for other passenger land transport (such as motor cars,

coaches, taxis)

Operation and maintenance of services in support of road transport (such as

roads, tunnels and toll-bridges, goods depots, car parks, bus and tram depots)

Activities allied to inland water transport (such as operation and maintenance

of waterways, ports and other installations for inland water transport< tug and

piloting services in ports, setting of buoys, loading and unloading of vessels and

other similar activities, such as salvaging of vessels, towing and the operation of

boathouses)

Communication> postal services and telecommunications

Personal services

Laundries and laundry services, dry-cleaning and dyeing

Photographic studios> portrait and commercial photography, except journalistic

photographers

Personal services not elsewhere classified (maintenance and cleaning of

buildings or accommodation only)

The following itinerant activities

(a)

the buying and selling of goods>

–

by itinerant tradesmen, hawkers or pedlars<

– in covered markets other than from permanently fixed

installations and in open-air markets<

(b) any other activity as the Minister may, by notice in the Gazette,

from time to time prescribe.

List II

Organising, offering for sale and selling, outright or on commission, single or

collective items (transport, board, lodging, excursions, etc.) for a journey or stay,

whatever the reasons for travelling.

List III

Hairdressing, excluding services of chiropodists and professional beauticians’

and hairdressers’ training schools

LIST IV

Acting as an intermediary between contractors for various methods of transport

and persons who dispatch or receive goods, and carrying out related activities>

(a) by concluding contracts with transport contractors, on behalf of

principals<

(b) by choosing the method of transport, the firm and the route

considered most profitable for the principal<

(c) by arranging the technical aspects of the transport operation (e.g.

packing required for transportation)< by carrying out various operations

incidental to transport (e.g. ensuring ice supplies for refrigerated wagons)<

B

(d) by completing the formalities connected with the transport such as

the drafting of way bills< by assembling and dispersing shipments<

(e) by co-ordinating the various stages of transportation, by ensuring

transit, reshipment, transshipment and other termination operations<

(f) by arranging both freight and carriers and means of transport for

persons dispatching goods or receiving them<

Assessing transport costs and checking the detailed accounts.

Taking certain temporary or permanent measures in the name of and on behalf

of a shipowner or sea transport carrier (with the port authorities, ship’s chandlers,

etc.).

List V

(a)

See Regulation 8(6))(a)

0. Activities of self-employed persons in wholesale trade, with the exception

of wholesale trade in medicinal and pharmaceutical products, in toxic products

and pathogens and in coal<

1. Professional activities of an intermediary who is empowered and instructed

by one or more persons to negotiate or enter into commercial transactions in the

name of and on behalf of those persons<

2. Professional activities of an intermediary who, while not being

permanently so instructed, brings together persons wishing to contract directly

with one another or arranges their commercial transactions or assists in the

completion thereof<

3. Professional activities of an intermediary who enters into commercial

transactions in his own name on behalf of others<

4. Professional activities of an intermediary who carries out wholesale selling

by auction on behalf of others<

5. Professional activities of an intermediary who goes from door to door

seeking others<

6. Provision of services, by way of professional activities, by an intermediary

in the employment of one or more commercial, industrial or small craft

undertakings.

(b)

See Regulation 8(6)(b)

Activities of self-employed persons in the wholesale coal trade and activities

of intermediaries in the coal trade.

List VI

Retail trade

Excluded activities>

Letting-out for hire of farm machinery

Real estate, letting of property

Letting-out for hire of automobiles, carriages and horses

Letting-out for hire of railway carriages and wagons

Renting of machinery to commercial undertakings

Booking of cinema seats and renting of cinematographic films

Booking of theatre seats and renting of theatrical equipment

Letting-out for hire of boats, bicycles, coin-operated machines for games of

skill or chance

Letting of furnished rooms

Laundered linen hire

Garment hire

1. Restaurants, cafes, taverns and other drinking and eating places.

2. Hotels, rooming houses, camps and other lodging places.

Banks and other financial institutions

Patent buying and licensing companies

Transport

Road passenger transport, excluding transportation by means of motor vehicles

Transportation by pipelines of liquid hydrocarbons and other liquid chemical

products

Community services

Libraries, museums, botanical and zoological gardens

B

Recreation services

Recreation services not elsewhere classified

– Sporting activities (sports grounds, organising sporting fixtures, etc.) except

the activities of sports instructors

–

Games (racing stables, areas for games, racecourses, etc)

– Other recreational activities (circuses, amusement parks and other

entertainments)

Personal services

Domestic services

Beauty parlours and services of manicurists, excluding services of chiropodists

and professional beauticians’ and hairdressers’ training schools

Personal services not elsewhere classified, except sports and paramedical

masseurs and mountain guides, divided into the following groups>

–

disinfecting and pest control

–

hiring of clothes and storage facilities

–

marriage bureaux and similar services

–

astrology, fortune-telling and the like

–

sanitary services and associated activities

–

undertaking and cemetery maintenance

–

couriers and interpreter-guides

The following itinerant activities>

(a)

the buying and selling of goods>

–

by itinerant tradesmen, hawkers or pedlars<

– in covered markets other than from permanently fixed

installations and in open-air markets<

(b) any other activity as the Minister may, by notice in the Gazette,

from time to time prescribe.

Hiring railway cars or wagons for transporting persons or goods.

Acting as an intermediary in the sale, purchase or hiring of ships.

Arranging, negotiating and concluding contracts for the transport of emigrants.

Receiving all objects and goods deposited, on behalf of the depositor, whether

under customs control or not, in warehouses, general stores, furniture depots,

coldstores, silos, etc.

Supplying the depositor with a receipt for the object or goods deposited.

Providing pens, feed and sales rings for livestock being temporarily

accommodated while awaiting sale or while in transit to or from the market.

Carrying out inspection or technical valuation of motor vehicles.

Measuring, weighing and gauging goods.

PART TWO

Activities other than those covered in Part One

Agriculture

In particular>

(a) general agriculture including the growing of field crops and

viticulture, growing of fruits, nuts, seeds, vegetables, flowers, both in the open

and under glass<

(b) raising of livestock, poultry, rabbits, fur-bearing or other animals,

bees< the production of meat, milk, wool, skins and fur, eggs, honey<

(c) agricultural, animal husbandry and horticultural services on a fee

or a contract basis.

B

Films

Activities of self-employed persons in wholesale trade (with the exception of

wholesale trade in medicinal and pharmaceutical products, in toxic products and

pathogens, and in coal).

Mining and preparation of solid fuels

Mining and preparation of coal

Mining and preparation of lignite

Mining of metalliferous ores

Mining of iron ore

Mining of non-ferrous metalliferous ores and related activities

Extraction of petroleum and natural gas (excluding prospecting and

drilling)

Extraction of building materials and fireclays

Extraction of other minerals and of peat

cinema

Electricity, gas, steam, water and sanitary services

B

Real Estate

Business services not elsewhere classified (excluding journalism, activities

of customs agents, advice on economic, financial, commercial, statistical, and labour

and employment matters, debt collection)

Forestry and logging

Forestry

Logging

Production, distribution and projection of films

Exploration (prospecting and drilling) for petroleum and natural gas

Coal

Mitbug[ fl-Istamperija tal-Gvern — Printed at the Government Printing Press