Subsidiary Legislation (Transposition of Directive 2013/55/EU)

L.N. 71 of 2017

VARIOUS LAWS (TRANSPOSITION OF DIRECTIVE

2013/55/EU) (AMENDMENT) ACT, 2016

(ACT NO. XXXIV of 2016)

Subsidiary Legislation (Transposition of Directive 2013/55/EU)

(Amendment) Regulations, 2017

IN exercise of the powers conferred by article 38 of the Various

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

2016, the Minister for Education and Employment has made the

following regulations:-

The title of these regulations is the Subsidiary Legislation

(Transposition of Directive 2013/55/EU) (Amendment) Regulations,

2017. Part I

Amendments to the Periti Warrant Regulations

(1) This Part amends the Periti Warrant Regulations,

and it shall be read and construed as one with the Periti Warrant

Regulations hereinafter in this Part referred to as "the principal

regulations".

(2) The regulations included in this Part implement certain

provisions of Commission Directive 2013/55/EU, and they are made

by virtue of the powers conferred by article 38 of the Various Laws

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

the Minister for Education and Employment, in consultation with the

Minister for Transport and Infrastructure (in consultation with the

Kamra tal-Periti) in pursuance of the powers conferred by article 20

of the Periti Act.

In regulation 2 of the principal regulations, immediately

after the definition "Experience Record Book" 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;".

Regulation 2E of the principal regulations shall be Amends

regulation 2E of

amended as follows

the principal

regulations.

(a)

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

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

year";

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

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

year";

(c)

in sub-regulation (3) thereof, for the words "public

health, safety and security" there shall be substituted the words

"public health or safety, and that it cannot be compensated by

the applicant’s professional experience or knowledge, skills and

competences acquired through lifelong learning formally

validated to that end by a relevant body"; and

(d) for sub-regulation (5) thereof shall be substituted the

following

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

declaration and accompanying documents, referred to in

sub-regulation (2), the Board shall inform the applicant of

its decision

(a)

not to

check

his

professional

qualifications; or

(b)

having checked his professional

qualifications, to either require the applicant to

take an aptitude test or to allow the provision of

services.

Where there is a difficulty which would result in

delay in taking a decision under paragraph (b), the Board

shall notify the applicant 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. In the

absence of a decision by the Board within the said

deadlines, the services falling under this regulation may be

provided.".

Part II

Amendments to the Mutual Recognition of Qualifications

of Periti Regulations

(1) This Part amends the Mutual Recognition of

Qualifications of Periti Regulations and it shall be read and construed

as one with the Mutual Recognition of Qualifications of Periti

Regulations, hereinafter in this Part referred to as "the principal

regulations".

(2) The regulations included in this Part implement certain

provisions of Commission Directive 2013/55/EU, and they are made

by virtue of the powers conferred by article 38 of the Various Laws

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

the Minister for Education and Employment, in consultation with the

Minister for Transport and Infrastructure (in consultation with the

Kamra tal-Periti) in pursuance of the powers conferred by article 20

of the Periti Act.

Immediately after the definition "application" in regulation

2 of the principal regulations, there shall be added the following new

definitions

" "European Credit Transfer and Accumulation System" or

"ECTS credits" means the credit system for higher education

used in the European Higher Education Area;

"professional traineeship" means a period of professional

practice carried out under supervision.".

Sub-regulation (2) of regulation 4 of the principal

regulations shall be amended as follows

(a)

for the words "acquisition of:" there shall be

substituted the words "acquisition of the following knowledge,

skills and competences:" and

(b) in paragraph (i) thereof, for the words "against the

climate;" there shall be substituted the words "against the

climate, in the framework of sustainable development;".

Sub-regulation (1) of regulation 5 of the principal

regulations shall be amended as follows

(a)

for paragraph (a) thereof, there shall be substituted

the following

"(a) the total length of education and training shall

consist of a minimum of either five years of full-time

studies at a university or comparable educational

establishment, or at least four years of full-time study at a

university or comparable educational establishment,

accompanied by a certificate attesting to the completion of

two years professional traineeship, which traineeship shall

take place only after completion of the first three years of

study. At least one year of the professional traineeship

shall build upon knowledge, skills and competences

acquired during the study referred to in regulation 4(2). To

that end, the professional traineeship shall be carried out

under the supervision of a person or body that has been

authorised by the competent authority of the home

Member State. Such supervised traineeship may take place

in any country. The professional traineeship shall be

evaluated by the competent authority of the home Member

State;"; and

(b) for paragraph (b) thereof, there shall be substituted

the following

"(b) such education and training shall lead to

successful completion of a university-level examination.".

Immediately after sub-regulation (3) of regulation 9 of the Amends

principal regulations, there shall be added the following new sub- regulation

the principal

regulation

regulations.

"(4) Sub-regulation (1) shall also apply to evidence of

formal qualifications as an architect and civil engineer listed in

the Second Schedule, where the training started before 18

January 2016.".

Immediately after sub-regulation (4) of regulation 9A of Amends

the principal regulations, there shall be added the following new sub- regulation

the principal

regulation

regulations.

"(5) The Board shall give the following evidence the

same effect in Malta as evidence of formal qualifications it itself

issues for the purposes of access to and pursuit of the

professional activities of perit: evidence of completion of

training existing as of 5 August 1985 and commenced no later

than 17 January 2014, provided by ‘Fachhochschulen’ in the

Federal Republic of Germany over a period of three years,

satisfying the requirements set out in Article 46(2) of Directive

2005/36/EC and giving access to the activities referred to in

Article 48 of Directive 2005/36/EC in that Member State under

the professional title of ‘architect’, in so far as the training was

followed by a four-year period of professional experience in the

Federal Republic of Germany, as attested by a certificate issued

by the competent authority in whose roll the name of the

architect wishing to benefit from the provisions of Directive

2005/36/EC appears.".

€0.45