RECOGNITION OF PROFESSIONAL QUALIFICATIONS REGULATIONS

SUBSIDIARY LEGISLATION 451.03

RECOGNITION OF PROFESSIONAL

QUALIFICATIONS REGULATIONS

1st January, 2008 *

LEGAL NOTICE 422 of 2007, as amended by Legal Notices 270 of 2016,

300 of 2018 and 135 of 2019 and 145 of 2020.

(1) The title of these regulations is the Recognition of

Professional Qualifications Regulations.

(2) These regulations implement the provisions of Commission

Directive 2005/36/EC as amended by Commission Directive 2006/

100/EC.

List of professional associations or organisations fulfilling the conditions

in regulation 22

IRELAND ( * )

The Institute of Chartered Accountants in Ireland ( † )

1. The Institute of Certified Public Accountants in Ireland ( † )

2. The Association of Certified Accountants ( † )

3.

4. Institution of Engineers of Ireland

5. Irish Planning Institute

UNITED KINGDOM

1. Institute of Chartered Accountants in England and Wales

2. Institute of Chartered Accountants of Scotland

3. Institute of Chartered Accountants in Ireland

4. Chartered Association of Certified Accountants

5. Chartered Institute of Loss Adjusters

6. Chartered Institute of Management Accountants

7. Institute of Chartered Secretaries and Administrators

8. Chartered Insurance Institute

9. Institute of Actuaries

10. Faculty of Actuaries

11. Chartered Institute of Bankers

12. Institute of Bankers in Scotland

13. Royal Institution of Chartered Surveyors

14. Royal Town Planning Institute

15. Chartered Society of Physiotherapy

16. Royal Society of Chemistry

17. British Psychological Society

18. Library Association

19. Institute of Chartered Foresters

20. Chartered Institute of Building

21. Engineering Council

*Irish nationals are also members of the following associations or organisations in the United Kingdom

Institute of Chartered Accountants in England and Wales

Institute of Chartered Accountants of Scotland

Institute of Actuaries

Faculty of Actuaries

The Chartered Institute of Management Accountants

Institute of Chartered Secretaries and Administrators

Royal Town Planning Institute

Royal Institution of Chartered Surveyors

Chartered Institute of Building.

†Only for the activity of auditing accounts

RECOGNITION OF PROFESSIONAL QUALIFICATIONS

22. Institute of Energy

23. Institution of Structural Engineers

24. Institution of Civil Engineers

25. Institution of Mining Engineers

26. Institution of Mining and Metallurgy

27. Institution of Electrical Engineers

28. Institution of Gas Engineers

29. Institution of Mechanical Engineers

30. Institution of Chemical Engineers

31. Institution of Production Engineers

In these regulations, unless the context otherwise requires

"the Act" means the Mutual Recognition of Qualifications Act;

"adaptation period" means a period of supervised practice under

t he r e s p o n s i b i l it y o f a q u a l i f i e d m e m b e r o f t h e p r o f e s s i on

concerned, which may include further training, for the purpose of

the pursuit of a regulated profession. The detailed rules governing

the adaptation period and its assessment, as well as the status of a

migrant under supervision, shall be laid out by the designated

authority;

"aptitude test" means a test of the professional knowledge, skills

and competences of the applicant, carried out or recognised by the

designated authority with the aim of assessing the ability of the

applicant to pursue a regulated profession in Malta. In order to

permit this test to be carried out, designated authorities shall draw

up a list of subjects which, on the basis of a comparison of the

education and training required in Malta and that received by the

applicant, are not covered by the diploma or other evidence of

formal qualifications possessed by the applicant. The aptitude test

must take account of the fact that the applicant is a qualified

professional in the home Member State or the Member State from

which the applicant comes. It shall cover subjects to be selected

from those on the list, knowledge of which is essential in order to

be able to pursue the profession in question in Malta. The test may

also cover knowledge of the professional rules applicable to the

activities in question in Malta. The detailed application of the

aptitude test and the status, in Malta, of the applicant who wishes to

prepare himself for the aptitude test in Malta shall be determined

by the designated authorities concerned;

"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

*See regulation 1(2) of Legal Notice 422 of 2007 as originally promulgated, and Legal

Notice 36 of 2008.

qualifications for establishment in a host Member State;

"European Credit Transfer and Accumulation System" or "ECTS

credits" means the credit system for higher education used in the

European Higher Education Area;

"evidence of formal qualifications" means, without prejudice to

specific arrangements for recognition established in separate

instruments of the European Union which shall also be treated as

evidence of formal qualifications, any diploma, certificate and

other evidence issued by an authority in a Member State designated

by legislative, regulatory or administrative provisions of that

Member State and certifying full completion of professional

training obtained mainly in the European Union< furthermore,

evidence of formal qualifications issued by a third country shall be

regarded as evidence of formal qualifications if the holder has three

years professional experience in the profession concerned on the

territory of the Member State which recognized that evidence of

formal qualifications in accordance with regulation 4(2), certified

by that Member State;

"IMI" means the Internal Market Information System;

"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;

"manager of an undertaking" means any person who in an

undertaking in the occupational field in question pursues an

activity

(a) as a manager of an undertaking or a manager of a

branch of an undertaking; or

(b) as a deputy to the proprietor or the manager of an

undertaking where that post involves responsibility

equivalent to that of the proprietor or manager

represented; or

(c) in a managerial post with duties of a commercial and,

or technical nature and with responsibility for one or

more departments of the undertaking;

"Member State of establishment" means a Member State of the

European Union, or state party to an agreement with the European

Union, in which the service provider is legally established for the

purpose of pursuing the same profession in that Member State;

"migrant" means any citizen of a Member State or a third country

citizen legally entitled or authorised to seek access to a profession

in Malta;

"overriding reasons of general interest" means reasons

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

European Union;

"post-secondary level" means the level of education the entry

condition to which is, as a general rule, the successful completion

of a secondary level course required to obtain entry to university or

h i g h e r e d uc a t i o n o r co m p l e t i o n o f e q u i va l e n t ed u c a t i o n a t

secondary level;

"professional association" means an organisation, recognised in a

special form by the Member States, awarding to its members

evidence of formal qualifications and conferring upon them rights

to use a title or designatory letters or to benefit from a status

corrsponding to those formal qualifications, ensuring among its

members respect for the rules of professional conduct that it

prescribes;

"professional experience" means the actual and lawful full-time

or equivalent part-time pursuit of the profession concerned in a

Member State;

"professional qualifications" means qualifications attested by

evidence of formal qualifications, an attestation of competence

referred to in regulation 9 and, or professional experience;

"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;

"regulated education and training" means any training which is

specifically geared to the pursuit of a given profession and which

comprises a course or courses complemented, where appropriate,

by professional training and, or professional practice. The structure

and level of the professional training, probationary and, or

professional practice shall be determined by the laws, regulations

or administrative provisions of the Member State concerned and, or

approved by the authority designated for that purpose;

"secondary education" means a period of study following

primary education and which includes higher secondary education

usually up to the age of eighteen;

"sectoral legislation" means domestic legislation that regulates

professions and professional activities and includes the Periti Act,

the Health Care Professions Act, and the Veterinary Services Act;

"substantially different matters" means matters in respect of

which knowledge, skills and competences acquired are essential for

pursuing the profession and with regard to which the training

received by the migrant shows significant differences in terms of

content from the training required by the host Member State.

PART I

General Provisions

Re-numbered by

L.N. 270 of 2016.

Activities related to the categories of professional experience referred to

in regulations 18, 19, 20 and 21

List I

Major groups covered by Directive 64/427/EEC, as amended by Directive 69/77/

EEC, and by Directives 68/366/EEC and 82/489/EEC

Directive 64/427/EEC

(liberalisation Directive 64/429/EEC)

NICE nomenclature (corresponding to ISIC major groups 23 to 40)

Major group

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

RECOGNITION OF PROFESSIONAL QUALIFICATIONS

and hemp machinery

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

cordage

Manufacture of knitted and crocheted goods

Textile finishing

Other textile industries

Major group

Manufacture of footwear, other wearing apparel and

bedding

Machine manufacture of footwear (except from rubber or

wood)

Manufacture by hand and repair of footwear

Manufacture of wearing apparel (except furs)

Manufacture of mattresses and bedding

Skin and fur industries

Major group

Manufactures 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

Major group

260 Manufacture of wooden furniture

Major group

Manufacture of paper and paper products

Manufacture of pulp, paper and paperboard

Processing of paper and paperboard, and manufacture of

articles of pulp

Major group

280 Printing, publishing and allied industries

Major group

Leather industry

Tanneries and leather finishing plants

Manufacture of leather products

ex major group

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

ex major group

Chemical industry

Manufacture of chemical base materials and further

RECOGNITION OF PROFESSIONAL QUALIFICATIONS

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 falling within ISIC group 312)

Specialised manufacture of chemical products principally

for domestic or office use [excluding the manufacture of

medicinal and pharmaceutical products (ex ISIC group

319)]

Major group

320 Petroleum industry

Major group

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 material, in concrete, cement

and plaster

Stone working and manufacture of other non-metallic

mineral products

Major group

Production and primary transformation of ferrous and

non-ferrous metals

Iron and steel industry (as defined in the ECSC treaty,

including integrated steel works-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

Major group

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

Major group

Manufacture

of

machinery

other

than

electrical

machinery

Manufacture of agricultural machinery and tractors

RECOGNITION OF PROFESSIONAL QUALIFICATIONS

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-electrical machinery and

equipment

Major group

Electrical engineering

Manufacture of electric wiring and cables

Manufacture of motors, generators, transformers,

switchgear, and other similar equipment for the provision

of electric power

Manufacture of

electrical

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 electrical

equipment

ex major group

Manufacture of transport equipment

Manufacture of motor vehicles and parts thereof

Repair of motor vehicles, motorcycles and cycles

Manufacture of motorcycles, cycles and parts thereof

Manufacture of transport equipment not elsewhere

classified

Major group

Miscellaneous manufacturing industries

Manufacture of precision instruments, and measuring and

controlling instruments

RECOGNITION OF PROFESSIONAL QUALIFICATIONS

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

Major group

Construction

Construction (non-specialised); demolition

Construction of buildings (dwellings or other)

Civil engineering; building of roads, bridges, railways,

etc.

Installation work

Decorating and finishing

Directive 68/366/EEC

(liberalisation Directive 68/365/EEC)

NICE nomenclature

Major group

20A

200 Industries producing animal and vegetable fats and

oils

20B

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

Major group

Beverage industry

Production of ethyl alcohol by fermentation, production

of yeasts and spirits

Production of wine and other unmalted alcoholic

beverages

Brewing and malting

Soft drinks and carbonated water industries

ex 30 Manufacture of rubber products, plastic materials,

artificial and synthetic fibres and starch products

Manufacture of starch products

Directive 82/489/EEC

ISIC nomenclature

ex 855 hairdressing establishments (excluding chiropodists'

activities and beauticians’ training schools)

List II

Major groups of Directives 75/368/EEC, 75/369/EEC and 82/470/EEC

Directive 75/368/EEC (activities referred to in Article 5(1))

ISIC nomenclature

ex 04 Fishing

Inland water fishing

ex 38 Manufacture of transport equipment

Shipbuilding and repairing

Manufacture of railroad equipment

Manufacture of aircraft (including space equipment)

ex 71 Activities allied to transport and activities other than

transport coming under the following groups

ex 711 Sleeping-and dining-car services; maintenance of

railway stock in repair sheds; cleaning of carriages

ex 712 Maintenance of stock for urban, suburban and interurban

passenger transport

ex 713 Maintenance of stock for other passenger land transport

(such as motor cars, coaches, taxis)

ex 714 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)

ex 716 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)

Communications: postal services and telecommunications

ex 85 Personal services

Laundries and laundry services, dry-cleaning and dyeing

ex 856 Photographic studios: portrait and commercial

photography, except journalistic photographers

RECOGNITION OF PROFESSIONAL QUALIFICATIONS

ex 859

Personal services not elsewhere classified (only

maintenance and cleaning of buildings or

accommodation)

Directive 75/369/EEC (Article 6: where the activity is regarded as being

of an industrial or small craft nature)

ISIC nomenclature

The following itinerant activities

(a)

the buying and selling of goods

by itinerant tradesmen, hawkers or pedlars (ex ISIC Group 612)

in covered markets other than from permanently fixed installations and

in open-air markets;

(b) activities covered by transitional measures already adopted that expressly

exclude or do not mention the pursuit of such activities on an itinerant basis.

Directive 82/470/EEC (Article 6(1) and (3))

Groups 718 and 720 of the ISIC nomenclature

The activities comprise in particular

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 (Article

2(B)(a)) acting as an intermediary between contractors for various

methods of transport and persons who dispatch or receive goods, and

carrying out related activities

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

principals

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

considered most profitable for the principal

(cc) 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)

(dd) by completing the formalities connected with the transport such

as the drafting of way bills; by assembling and dispersing

shipments

(ee) by coordinating the various stages of transportation, by ensuring

transit, reshipment, transshipment and other termination

operations

(ff) 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 by 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.). [The activities listed under Article 2(A)(a), (b) and

(d)].

List III

Directives 64/222/EEC, 68/364/EEC, 68/368/EEC, 75/368/EEC, 75/369/EEC,

70/523/EEC and 82/470/EEC

Directive 64/222/EEC

(liberalisation Directives 64/223/EEC and 64/224/EEC)

1. 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 (ex Group 611).

2. 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.

3. 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.

4. Professional activities of an intermediary who enters into commercial

transactions in his own name on behalf of others.

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

by auction on behalf of others.

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

seeking orders.

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

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

undertakings.

Directive 68/364/EEC

(liberalisation Directive 68/363/EEC)

ISIC ex Group 612: Retail trade

Activities excluded

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 cinematograph 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

Directive 68/368/EEC

RECOGNITION OF PROFESSIONAL QUALIFICATIONS

(liberalisation Directive 68/367/EEC)

ISIC nomenclature

ISIC ex major Group 85

1. Restaurants, cafes, taverns and other drinking and eating places (ISIC Group

2. Hotels, rooming houses, camps and other lodging places (ISIC Group 853).

Directive 75/368/EEC (Article 7)

All the activities in the Annex to Directive 75/368/EEC, except the activities

listed in Article 5(1) of this Directive (List II, point 1, of this Schedule.

ISIC nomenclature

ex 62

Banks and other financial institutions

ex 620 Patent buying and licensing companies

ex 71

Transport

ex 713 Road passenger transport, excluding transportation by means of

motor vehicles

ex 719 Transportation by pipelines of liquid hydrocarbons and other liquid

chemical products

ex 82

Community services

Libraries, museums, botanical and zoological gardens

ex 84

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 recreation services (circuses, amusement parks and other

entertainment)

ex 85

Personal services

ex 851 Domestic services

ex 855 Beauty parlours and services of manicurists, excluding services of

chiropodists and professional beauticians’ and hairdressers’ training

schools

ex 859 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

Directive 75/369/EEC (Article 5)

The following itinerant activities

(a) the buying and selling of goods

-

by itinerant tradesmen, hawkers or pedlars (ex ISIC Group 612)

-

in covered markets other than from permanently fixed

installations and in open-air markets

(b) activities covered by transitional measures already adopted that

expressly exclude or do not mention the pursuit of such activities on an

itinerant basis.

Directive 70/523/EEC

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

intermediaries in the coal trade (ex Group 6112, ISIC nomenclature)

Directive 82/470/EEC (Article 6(2))

These activities comprise in particular

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.

(1) Without prejudice to any specific provisions for

professional recognition in other national legislation and European

Union Community Law, these regulations shall apply to all

nationals of a Member State and citizens otherwise legally entitled

and authorised, wishing to pursue a regulated profession in a

Member State, including those belonging to the liberal professions,

other than that in which they obtained their professional

qualification, on either self employed or employed basis.

(2) These regulations shall also apply to all nationals of a

Member State who have pursued a professional traineeship outside

the home Member State.

(3) These regulations shall not apply to notaries who are

appointed by official act of government.

4.(1) (a) Nationals of Member States in possession of evidence

of professional qualifications obtained in another

Member State shall be permitted to pursue a regulated

profession in the Maltese territory in accordance with

the national rules and regulations.

(b) In the case of professions covered by Section III of

Part III, initial recognition shall respect the minimum

training conditions laid out in the relevant national

legislation.

(2) For the purpose of these regulations the profession which

the applicant may pursue in Malta shall be the same as that for

which he is qualified in his home Member State if the activities

covered are comparable.

(3) The recognition of professional qualifications shall allow

migrants to gain access in Malta to the same profession as that for

which they are qualified in their home Member State and to pursue

it in Malta under the same conditions as Maltese nationals

Provided that partial access to a profession in Malta shall

be granted under the conditions laid down in regulation 6F.

(4) These regulations shall also apply to a third country citizen

in posession of the status of long term resident within a Member

State or on being a family member of a citizen of a Member State

excercising the right to free movement within Member States.

Re-numbered and

L.N. 270 of 2016.

Documents and certificates which may be required

in accordance with regulation 24(1)

1. Documents

(a) Proof of the nationality of the person concerned.

(b) Copies of the attestations of professional competence or of the evidence

of formal qualifications giving access to the profession in question, and

an attestation of the professional experience of the person concerned

where applicable. The designated authority may invite the applicant to

provide information concerning his training to the extent necessary in

RECOGNITION OF PROFESSIONAL QUALIFICATIONS

order to determine the existence of potential substantial differences with

the required national training, as laid down in regulation 12. Where it is

impossible for the applicant to provide this information, the designated

authority shall address the contact point, the competent authority or any

other relevant body in the home Member State from which the foreign

national comes.

(c) For the cases referred to in regulation 14, a certificate concerning the

nature and duration of the activity issued by the competent authority or

body in the home Member State from which the foreign national comes.

(d) Where the designated authority requires of persons wishing to take up a

regulated profession proof that they are of good character or repute or

that they have not been declared bankrupt, or suspends or prohibits the

pursuit of that profession in the event of serious professional

misconduct or a criminal offence, that designated authority shall accept

as sufficient evidence, in respect of nationals of Member States wishing

to pursue that profession in Malta, the production of documents issued

by competent authorities in the home Member State or the Member

State from which the foreign national comes, showing that those

requirements are met. Those authorities must provide the documents

required within a period of two months. Where the competent

authorities of the home Member State or of the Member State from

which the foreign national comes do not issue the documents referred to

in the first subparagraph, such documents shall be replaced by a

declaration on oath - or, in States where there is no provision for

declaration on oath, by a solemn declaration made by the person

concerned before a competent judicial or administrative authority or,

where appropriate, a notary or qualified professional body of the home

Member State or the Member State from which the person comes; such

authority or notary shall issue a certificate attesting the authenticity of

the declaration on oath or solemn declaration.

(e) Where it is required of Maltese nationals wishing to take up a regulated

profession, a document relating to the physical or mental health of the

applicant, in the case of a foreign national of an Member States, it shall

be accepted as sufficient evidence thereof the presentation of the

document required in the home Member State. Where the home Member

State does not issue such a document, it shall be accepted a certificate

issued by a competent authority in that State. In that case, the competent

authorities of the home Member State must provide the document

required within a period of two months.

(f)

Where it is required of Maltese nationals wishing to take up a regulated

profession to furnish

-

proof of the applicant's financial standing,

-

proof that the applicant is insured against the financial risks

arising from their professional liability in accordance with the

laws and regulations in force in Malta regarding the terms and

extent of cover,

it shall be accepted as sufficient evidence an attestation to that effect

issued by the banks and insurance undertakings of another Member

State.

(g) Where the designated authority so requires for its own nationals, an

attestation confirming the absence of temporary or final suspensions from

RECOGNITION OF PROFESSIONAL QUALIFICATIONS

exercising the profession or of criminal convictions.

2. Certificates

To facilitate the application of Section III, Part III of these regulations, it may be

prescribed that, in addition to evidence of formal qualifications, the person who

satisfies the conditions of training required must provide a certificate from the

competent authorities of his home Member State stating that this evidence of formal

qualifications is that covered by European Union Directive 2005/36/EC.

(1)(a) Ċittadini ta’ Stati Membri li għandhom prova ta’

kwalifiki professjonali miksuba fi Stat Membru ieħor

jistgħu jitħallew jeżerċitaw professjoni regolata fit-

t e r r i t o r j u M a l t i s k o n d i r- r e g o l i u r- r e g o l a m e n t i

nazzjonali.

(b) Fil-każ tal-professjonijiet koperti mit-Tielet Sezzjoni

tat-Tielet Parti ta’ dawn ir-regolamenti, dan ir-

rikonoxximent inizjali għandu jirrispetta r-rekwiżiti

minimi ta’ taħriġ stabbiliti permezz tal-leġislazzjoni

nazzjonali rilevanti.

(2) Għall-għanijiet ta’ dawn ir-regolamenti, il-professjoni li l-

applikant jixtieq jeżerċita f’Malta għandha tkun l-istess bħal dik li

huwa jkun kwalifikat fiha fl-Istat Membru tal-oriġini jekk l-

attivitajiet koperti jkunu komparabbli.

(3) Ir-rikonoxximent ta’ kwalifiki professjonali jippermetti lill-

migrant biex jikseb aċċess f’Malta għall-istess professjoni bħal dik

li huwa jkun kwalifikat fiha fl-Istat Membru tal-oriġini u biex

jeżerċitaha f ’Malta taħt l-istess kondizzjonijiet bħaċ-ċittadini

Maltin

Iżda, aċċess parzjali għal professjoni f’Malta għandu jingħata

skont il-kondizzjonijiet stabbiliti fir-regolament 6F.

(4) Dawn ir-regolamenti japplikaw ukoll għal ċittadini ta’ stati

terzi li jkollhom status ta’ residenti fit-tul f ’xi wieħed mill-Istati

Membri jew jekk ikunu membri tal-familja ta’ ċittadini ta’ Stat

Membru u jeżerċitaw id-dritt tal-libertà tal-moviment fl-Istati

Membri.

(5) Persuni li jibbenefikaw mir-rikonoxximent ta’ kwalifiki

professjonali għandu jkollhom għarfien tal-lingwi meħtieġa għall-

prattika tal-professjoni f’Malta.

(1) Professionals benefiting from the recognition of

professional qualifications shall have a knowledge of languages

necessary for practising the profession in Malta.

(2) Designated authorities shall ensure that any controls carried

out to ensure compliance with the obligation under sub-regulation

(1) shall be limited to the knowledge of one official language of

Malta.

(3) Controls carried out in accordance with sub-regulation (2)

may be imposed if the profession to be practised has patient safety

i m pl i c a t io n s . C on t ro l s m a y be i m po s e d i n r e s p e c t of ot h e r

professions 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.

(4) Controls may be carried out only after the issuance of a

European Professional Card in accordance with regulation 6D or

after the recognition of a professional qualification, as the case may

be.

(5) Any language controls shall be proportionate to the activity

to be pursued, and shall be subject to appeal in accordance with

article 7 of the Act.

(1) There shall be designated authorities to award and, or

receive evidence of formal qualifications and other documents or

information, competent to receive applications and to decide on

matters referred to in article 4 of the Act.

(2) The designated authorities shall work in close collaboration

with the relevant counterparts of other Member States and shall

provide mutual assistance in order to facilitate application of

professional recognition. They shall ensure confidentiality of the

information exchanged.

(3)

(a) The designated authorities shall exchange information

with competent authorities of other Member States

regarding disciplinary action or criminal sanctions

taken or any other serious, specific circumstances

which are likely to have consequences for the pursuit

of activities under these regulations. In so doing, they

shall respect personal data protection rules provided by

law.

(b) The appropriate authorities in the home Member State

shall examine the veracity of the circumstances and

shall decide on the nature and scope of the

investigations which need to be carried out and shall

inform the host Member State of the conclusions

which it draws from the information available to it.

(4) For the purposes of sub-regulations (2) and (3), the

designated authorities shall use IMI.

(1) The National Commission for Further and Higher

Education shall inform the competent authorities of all other

Member States about a professional whose pursuit in the territory

of Malta of the following professional activities in their entirety or

parts thereof has been restricted or prohibited, even temporarily, by

national authorities or courts

(a) doctor of medicine and of general practice possessing

evidence of a formal qualification referred to in points

5.1.1 and 5.1.4 of Annex V of Directive 2005/36/EC;

(b) specialist doctor of medicine possessing a title referred

to in point 5.1.3 of Annex V of Directive 2005/36/EC;

(c) nurse responsible for general care possessing evidence

of a formal qualification referred to in point 5.2.2 of

Annex V of Directive 2005/36/EC;

(d) dental practitioner possessing evidence of a formal

qualification referred to in point 5.3.2 of Annex V of

Directive 2005/36/EC;

(e) specialist dentists possessing evidence of a formal

qualification referred to in point 5.3.3 of Annex V of

Directive 2005/36/EC;

(f)

veterinary surgeon possessing evidence of a formal

qualification referred to in point 5.4.2 of Annex V of

Directive 2005/36/EC;

(g) midwife possessing evidence of a formal qualification

referred to in point 5.5.2 of Annex V of Directive

2005/36/EC;

(h) pharmacist possessing evidence of a formal

qualification listed in point 5.6.2 of Annex V of

Directive 2005/36/EC;

(i)

holders of certificates mentioned in point 2 of Annex

VII of Directive 2005/36/EC attesting that the holder

completed a training which satisfies the minimum

requirements listed in Articles 24, 25, 31, 34, 35, 38,

40, or 44 respectively of Directive 2005/36/EC, but

which started earlier than the reference dates of the

qualifications listed in points 5.1.3, 5.1.4, 5.2.2, 5.3.2,

5.3.3, 5.4.2, 5.5.2, 5.6.2 of Annex V of Directive 2005/

36/EC;

(j)

holders of certificates of acquired rights as referred to

in Articles 23, 27, 29, 33, 33a, 37, 43 and 43a of

Directive 2005/36/EC;

(k) other professionals exercising activities that have

patient safety implications, where the professional is

pursuing a profession regulated Malta;

(l)

professionals exercising activities relating to the

education of minors, including in childcare and early

childhood education, where the professional is

pursuing a profession regulated in Malta.

(2) The National Commission for Further and Higher

Education shall send the information referred to in sub-regulation

(1) by way of alert via IMI at the latest within three days from the

date of adoption of the decision restricting or prohibiting pursuit of

the professional activity in its entirety or in part by the professional

concerned. That information shall be limited to the following

(a) the identity of the professional;

(b) the profession concerned;

(c) information about the authority or court adopting the

decision on restriction or prohibition;

(d) the scope of the restriction or the prohibition; and

(e) the period during which the restriction or the

prohibition applies.

(3) The National Commission for Further and Higher

Education shall, at the latest within three days from the date of

adoption of the court decision, inform the competent authorities of

all other Member States, by way of alert via IMI, about the identity

o f profession als who h ave appl ied for t he reco gni ti on of a

qualification and who have subsequently been found by courts to

have used falsified evidence of professional qualifications in this

context.

(4) The processing of personal data for the purpose of the

exchange of information referred to in sub-regulations (1) and (3)

shall be carried out in accordance with Directives 95/46/EC and

2002/58/EC.

(5) The National Commission for Further and Higher

Education shall inform the competent authorities of all Member

States without delay when a prohibition or a restriction referred to

in sub-regulation (1) has expired. For that purpose, the National

Commission for Further and Higher Education, when providing the

information in accordance with sub-regulation (1), shall also be

required to provide the date of expiry as well as any subsequent

change to that date.

(6) Designated authorities shall forthwith provide the National

Commission for Further and Higher Education with all information

required in terms of this regulation for the purposes of permitting

the National Commission for Further and Higher Education to meet

its obligations in terms of this regulation.

(7) The National Commission for Further and Higher

Education shall ensure that professionals, in respect of whom alerts

are sent to other Member States, are informed in writing of

decisions on alerts at the same time as the alert itself. Professionals

may appeal, in terms of article 7 of the Act, against the decision to

issue an alert or apply for rectification of such decisions, and in

such cases the decision on the alert shall be qualified to indicate

that it is subject to proceedings by the professional.

(8) Data regarding alerts may be processed within IMI for as

long as they are valid. Alerts shall be deleted within three days

from the date of adoption of the revoking decision or from the

expiry of the prohibition or the restriction referred to in sub-

regulation (1).

(9) Notwithstanding anything provided in this regulation, the

Minister may by notice in the Gazette appoint any entity other than

the National Commission for Further and Higher Education to

perform the duties and obligations set forth in this regulation,

either in addition to or in substitution of the National Commission

for Further and Higher Education.

(1) Designated authorities shall ensure that all

requirements, procedures and formalities relating to matters

covered by these regulations may be easily completed, remotely

and by electronic means through the relevant point of single contact

or the relevant competent authorities. Designated authorities 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 designated authority 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-regulation (1), the designated authority 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

regulations 9(4) and 25 of these regulations 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 designated authority. Any request for certified copies

referred to in sub-regulation (1) shall not be considered as a request

for missing documents.

(1) There shall be a National Assistance Centre whose

remit shall be to provide citizens, as well as assistance centres of

the other Member States, with assistance concerning the

recognition of professional qualifications provided for in these

regulations and Directive 2005/36/EC, including information on

the national legislation governing the professions and the pursuit of

those professions, social legislation, and, where appropriate, the

rules of ethics.

(2) The National Assistance Centre shall assist citizens in

exercising the rights conferred on them by these regulations, in

cooperation, where appropriate, with the assistance centres of other

Member States and the designated authorities and the point of

single contact in Malta.

(3) Designated authorities shall fully cooperate with the

National Assistance Centre and where appropriate national

assistance centres of other Member States, and provide all relevant

information about individual cases to such assistance centres upon

their request and subject to data protection rules in accordance with

Directives 95/46/EC and 2002/58/EC.

(4) At the European Commission’s request, the National

Assistance Centre shall inform the European Commission of the

result of enquiries which it is dealing with within two months after

receiving such a request.

(1) Subject to the European Commission having adopted

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

designated authorities 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 particular profession by means of relevant implementing acts

referred to in sub-regulation (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 regulations 6B to 6E.

(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

designated authority shall issue the European Professional Card in

accordance with regulations 6B and 6C.

(5) Designated authorities shall also, in cases when Malta is the

host Member State, recognise a European Professional Card as a

declaration under regulation 9.

(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 designated

authority 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 regulations

6B and 6D. The relevant designated authority shall issue the

European Professional Card in accordance with regulations 6B and

(1) F’każijiet fejn Malta hija l-Istat Membru tal-oriġini, l-

awtorità nominata rilevanti għandha tippermetti lil detentur ta’

kwalifika professjonali japplika għal Karta Professjonali Ewropea

permezz ta’ għodda online li toħloq awtomatikament dossier tal-

IMI għall-applikant partikolari. Applikazzjonijiet bil-miktub

m’għandhomx ikunu permessi.

(2) L-applikazzjonijiet għandhom jiġu appoġġati mid-

dokumenti meħtieġa fl-atti ta’ implimentazzjoni li għandhom jiġi

adottati mill-Kummissjoni Ewropea skont id-Direttiva 2005/36/UE.

(3) Fi żmien ġimgħa minn meta tirċievi l-applikazzjoni, l-

awtorità nominata rilevanti għandha tikkonferma li rċiviet l-

applikazzjoni u tgħarraf lill-applikant dwar kwalunkwe dokument

nieqes. Fejn applikabbli, l-awtorità nominata għandha toħroġ

kwalunkwe ċertifikat ta’ prova meħtieġ taħt dawn ir-regolamenti.

L-awtorità nominata għandha tivverifika jekk l-applikant huwiex

stabbilit legalment f’Malta u jekk id-dokumenti meħtieġa kollha li

nħarġu f ’Malta humiex validi u awtentiċi. Fil-każ ta’ dubji

debitament ġustifikati, l-awtorità nominata għandha tikkonsulta lil

korp rilevanti u tista’ titlob mill-applikant kopji ċertifikati tad-

dokumenti. Fil-każ ta’ applikazzjonijiet sussegwenti mill-istess

applikant, l-awtorità nominata ma tistax titlob l-preżentazzjoni

mill-ġdid tad-dokumenti li diġà jinstabu fid-dossier tal-IMI u li

jkunu għadhom validi.

(4) F’każijiet fejn Malta hija l-Istat Membru ospitanti, l-

awtorità nominata ma tistax titlob l-preżentazzjoni mill-ġdid tad-

dokumenti li diġà jinstabu fid-dossier tal-IMI u li jkunu għadhom

validi.

6Ċ. (1) F’każijiet fejn Malta hija l-Istat Membru tal-oriġini, l-

awtorità nominata għandha tivverifika l-applikazzjoni u d-

dokumenti ta’ prova fid- dossier tal-IMI u toħroġ il-Karta

Professjonali Ewropea għall-forniment temporanju u okkażjonali

ta’ servizzi għajr dawk koperti bl-Artikolu 7(4) tad-Direttiva 2005/

36/UE fi żmien xahar. Dak il-perjodu ta’ żmien għandu jibda malli

jaslu d-dokumenti li kienu neqsin imsemmijin fis-subregolament

(3) tar-regolament 6B jew, jekk ma ntalbux dokumenti oħra, malli

jiskadi l-perjodu ta’ żmien ta’ ġimgħa msemmi f ’dak is-

subregolament. Wara dan, l-awtorità nominata għandha tittrasmetti

l-Karta Professjonali Ewropea minnufih lill-awtorità kompetenti ta’

kull Stat Membru ospitanti kkonċernat u għandha tgħarraf lill-

applikant kif xieraq.

(2) F’każijiet fejn Malta hija l-Istat Membru ospitanti, l-

awtorità nominata rilevanti ma tistax teħtieġ dikjarazzjoni oħra

skont ir-regolament 9 għat-tmintax-il xahar ta’ wara.

(3) Id-deċiżjoni tal-awtorità nominata, jew in-nuqqas ta’

deċiżjoni fi żmien il-perjodu ta’ tliet ġimgħat imsemmi fis-

subregolament (1), huma soġġetti għal appell skont l-artikolu 7 tal-

Att.

(4) Jekk detentur ta’ Karta Professjonali Ewropea jixtieq

j i p p r o v d i s e r v i z z i f i St a t i M e m b r i g ħ a j r d a w k i m s e m m i j a

inizjalment fl-applikazzjoni msemmija fis-subregolament (1), dak

id-detentur jista’ japplika għal tali estensjoni. Jekk id-detentur

jixtieq ikompli jipprovdi s-servizzi wara l-perjodu ta’ tmintax-il

xahar imsemmi fis-subregolament (1), dak id-detentur għandu

jinforma lill-awtorità nominata rilevanti kif xieraq. Fi kwalunkwe

każ, dak id-detentur għandu jipprovdi wkoll kwalunkwe

informazzjoni dwar bidliet materjali fis-sitwazzjoni ssostanzjata

fid-dossier tal-IMI li tista’ tkun meħtieġa mill-awtorità nominata

rilevanti skont l-atti ta’ implimentazzjoni li għandhom jiġu adottati

mill-Kummissjoni Ewropea. L-awtorità nominata għandha

tittrasmetti l-Karta Professjonali Ewropea aġġornata lill-Istati

Membri ospitanti kkonċernati.

(5) Karta Professjonali Ewropea maħruġa minn awtorità

kompetenti ta’ Stat Membru ieħor għandha tkun valida fit-territorju

sħiħ ta’ Malta sakemm id-detentur jibqa’ jkollu d-dritt li jipprattika

fuq il-bażi tad-dokumenti u l-informazzjoni li tinstab fid-dossier

tal-IMI.

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 the Malta before a European

Professional Card is introduced for that profession.

(7) The relevant designated authority shall be responsible for

dealing with IMI files and issuing European Professional Cards.

The relevant designated authority shall ensure an impartial,

objective and timely processing of applications for European

Professional Cards. Designated authorities and the National

Assistance Centre 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) Designated authorities may charge fees to issue a European

Professional Card , p rov ided such fees shall be reason able,

proportionate and commensurate with the costs incurred by the

designated authority and shall not act as a disincentive to apply for

a European Professional Card.

6B. (1) In cases where Malta is the home Member State, the

relevant designated authority shall enable a holder of a professional

qualification 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

designated authority shall acknowledge receipt of the application

a n d i n f or m th e ap p l i c a n t o f a n y m is s i n g d oc u m e nt . W h e r e

applicable, the designated authority shall issue any supporting

certificate required under these regulations. The designated

authority 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 designated authority 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 designated authority 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

d e s ig n a t e d a ut h o ri t y m a y n ot r e q ue s t t h e r e - s u bm i s s i o n o f

documents which are already contained in the IMI file and which

are still valid.

6C. (1) In cases where Malta is the home Member State, the

relevant designated authority shall verify the application and the

supporting 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-regulation (3) of

regulation 6B or, if no further documents were requested, upon the

expiry of the one-week period referred to in that sub-regulation.

The relevant designated authority 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

designated authority may not require any further declaration under

regulation 9 for the following eighteen months.

(3) The decision of the relevant designated authority or the

absence of a decision within the period of three weeks referred to in

sub-regulation (1) shall be subject to appeal in terms of article 7 of

the Act.

(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-regulation (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-regulation (1), that holder shall inform the

relevant designated authority 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 designated authority in accordance with the

implementing acts to be adopted by the European Commission. The

designated authority 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.

6D. (1) In cases where Malta is the home Member State, the

relevant designated authority shall, within one month, verify the

authenticity 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 sub-regulation (3) of regulation 6B or, if no further documents

were requested, upon the expiry of the one-week period referred to

in that sub-regulation. It shall then transmit the application

immediately to the competent authority of the host Member State.

The relevant designated authority 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 regulations 18, 22(1), 29 and 30, the

relevant designated authority shall decide whether to issue a

European Professional Card under sub-regulation (1) within one

month of receipt of the application transmitted by the home

Member State. In the event of duly justified doubts, the relevant

designated authority 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 the provisions

of sub-regulation (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 a certified copy of a document from the host Member

State, the relevant designated authority shall provide the same

within no 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 regulations 9(4) and 16, the relevant

designated authority 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 designated authority

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 the provisions of sub-regulation (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

designated authority shall provide the same within no 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 r elevant designated authority d oes not r eceive the

necessary information which it may require in accordance with

these regulations 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 designated authority fails to take a decision within the time

limits set out in sub-regulations (2) and (3) or fails to organise an

aptitude test in accordance with regulation 9(4), 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 designated authority shall have the possibility

to extend by two weeks the deadlines set out in sub-regulations (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-regulation

(1) shall replace any application for recognition of professional

qualifications under the national law of Malta.

(7) The decisions of a designated authority under sub-

regulations (1) to (5) or the absence of decision shall be subject to

appeal in accordance with article 7 of the Act.

(1) Without prejudice to the presumption of innocence, the

relevant designated authority 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 f or the pursuit of

activities by the holder of a European Professional Card under

these regulations or Directive 2005/36/EC. In so doing they 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 relevant designated

authorities that have access to the corresponding IMI file shall be

informed immediately of any updates. This obligation shall be

without prejudice to the alert obligations set forth in regulation 5A.

(2) The content of the information updates referred to in sub-

regulation (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 designated authority, in accordance with Directive 95/

46/EC. The relevant designated authority 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 regulation 9. 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 regulation 9(4), the

des ig na te d au th or i ty sha ll is s u e th e h ol de r o f p ro f e s s i on a l

qualifications with evidence attesting to the recognition of his

professional qualifications.

(6) In relation to the processing of personal data in the

European P rofessional C ard and all IM I files, t he re levant

designated authority shall be regarded as a controller within the

meaning of point (d) of Article 2 of Directive 95/46/EC.

(7) Without prejudice to sub-regulation (3), designated

authorities 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.

(1) Designated authorities shall grant partial access, on a

case-by-case basis, to a 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

designated authority shall take into account whether the

professional activity can be pursued autonomously in the

home State.

(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 establishment in Malta shall

be examined in accordance with Sections I and III of Part III of

these regulations.

(4) 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 Part II of these regulations.

(5) Notwithstanding the provisions of regulations 9(4) and 27,

the professional activity shall be exercised under the professional

title of the home Member State once partial access has been

granted. The designated authority may require use of that

p r o f e s s i o n a l t i t le i n t h e l a n gua g e s o f M a l t a . P r of e s s i on a l s

benefiting from partial access shall clearly indicate to the service

recipients the scope of their professional activities.

(6) This regulation shall not apply to professionals benefiting

from automatic recognition of their professional qualifications

under Chapters II, III and IIIa of Title III of Directive 2005/36/EC.

PART II

Free Provisions of Services

(1) Without prejudice to specific provisions of national

legislation and Community law, as well as to regulations 8 and 9,

no designated authority or other authority shall restrict, for any

reason relating to professional qualifications, the free provision of

services from another Member State

(a) if the service provider is legally established in a

Member State for the purpose of pursuing the same

profession in that Member State;

(b) where the service provider moves, if he has pursued

that profession in one or several Member States for at

least one year during the last ten years preceding the

provision of services when the profession is not

regulated in the Member State of establishment. The

condition of one year’s pursuit shall not apply if the

profession or the education and training leading to the

profession is regulated.

(2)

The provisions of these regulations shall only apply where

the service provider moves to the territory of Malta to pursue, on a

temporary and occasional basis, the profession referred to in sub-

regulation (1). The temporary and occasional nature of the provision

of services shall be assessed case by case in relation to its duration,

its frequency, its regularity and its continuity.

(3) A service provider from another Member State shall be

subject to professional rules of a professional, statutory or

administrative nature which are directly linked to professional

qualifications such as the definition of the profession, the use of

titles and serious professional malpractice which is directly and

specifically linked to consumer protection and safety, as well as

disciplinary provisions which are applicable in national legislation

to professionals who pursue the same profession in Malta.

Pursuant to regulation 7(1), the service providers

established in another Member State shall be exempted from the

requirements, placed on professionals established in the national

territory, relating to

(a) authorisation by registration with, or membership of, a

national professional organisation or body;

(i)

for the purpose of the application of disciplinary

provisions in force in Malta the relevant

professional body may provide either for

automatic temporary registration or pro-forma

membership, provided that such registration or

membership does not delay or complicate in any

way the provision of services and does not entail

any additional costs for the service provider;

(ii) a copy of the declaration and, where applicable,

of the renewal referred to in regulation 9(1), and

in the case of professions with health and safety

implications or that benefit from automatic

recognition, accompanied by documents referred

to in regulation 9(2), shall be sent by the

designated authority to the relevant professional

organisation or body and this shall constitute

automatic temporary registration or pro-forma

membership for this purpose;

(b) registration with a public social security body for the

purpose of settling accounts with an insurance relating

to activities pursued for the benefit of insured

persons.The service provider shall inform in advance or,

in an urgent case, afterwards, the public social security

body of the services which he has provided.

(1) Where the designated authority regulating a profession

so requires, the service provider, when first moving from a Member

State to Malta in order to provide services, shall inform the

designated authority concerned in a written declaration to be made

in advance including the details of an insurance cover or other

means of personal or collective protection with regard to

RECOGNITION OF PROFESSIONAL QUALIFICATIONS

professional liability. Such declaration shall be renewed once a

year if the service provider intends to provide temporary or

occasional services during that year. The service provider may

communicate the declaration by any means.

(2) Moreover, for the first provision of services or if there is a

material change in the situation substantiated by the documents, the

designated authority may require that the declaration be

accompanied by the following documents

(a) proof of the nationality of the service provider;

(b) an attestation certifying that the holder is legally

established in a Member State for the purpose of

pursuing the activities concerned and that he is not

prohibited from practising, even temporarily, at the

moment of delivering the attestations;

(c) evidence of professional qualifications;

(d) for cases referred to before, any means of proof that

the service provider has pursued the activity concerned

for at least one year during the previous ten years;

(e) for professions in the security sector, in the health

sector and professions related to the education of

minors, including in childcare and early childhood

education, where required for Maltese nationals, an

attestation confirming the absence of temporary or

final suspensions from exercising the profession or of

criminal convictions;

(f)

for professions that have patient safety implications, a

declaration about the applicant’s knowledge of the

language necessary for practising the profession in

Malta;

(g) for professions covering the activities referred to in

regulation 18 and which were notified to the European

Commission in accordance with Directive 2005/36/

EC, a certificate concerning the nature and duration of

the activity issued by the competent authority or body

of the Member State where the service provider is

established.

(3)

(a) The service shall be provided under the professional

title of the Member State of establishment, insofar as

su ch a t it le ex i sts i n th at M em be r Sta te f or th at

professional activity. The title shall be indicated in the

official language or one of the official languages of the

Member State of establishment in such a way as to

avoid confusion with the professional title used in

Malta.

(b) Where no such title exists in the Member State of

establishment, the service provider shall indicate his

formal qualification in the official language or one of

the official languages of that Member State.

(c) By way of exception, in cases referred to in Section III

of Part III, Freedom of Establishment shall be

provided under the Maltese professional title.

(4)

(a) For the first provision of services, in the case of

regulated professions having public health or safety

implications, and which do not benefit from automatic

recognition under Part III, Section II and Section III, the

designated authority may check the professional

qualifications of the service provider prior to the first

provision of services. Such a prior check shall be

possible only where the purpose of the check is to

avoid serious damage to the health or safety of the

service recipient due to the a lack of professional

qualifications of the service provider and where this is

not beyond what is necessary for that purpose.

(b) No later than one month after receipt of the declaration

and accompanying documents, the designated

authority shall inform the service provider of its

decision

(i) not to check his professional qualifications; or

(ii) having checked his professional qualifications,

to either require the service provider to take an

aptitude test or allow the service provider to

provide the services.

Where there is a difficulty which would result in delay

in taking a decision under sub-paragraph (ii), the

designated authority 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.

(c) Where there is a substantial difference between the

professional qualifications of the service provider and

the training required in the 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

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 designated authority 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 designated

authority 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 paragraph

(b)(ii).

(d) In the absence of a reaction of the designated authority

within the deadlines set in the preceding paragraphs,

the service may be provided.

(e) In cases where qualifications have been verified under

this regulation, the service shall be provided under the

relevant national professional title.

(5) Submission of a required declaration by the service

provider in accordance with sub-regulation (1) shall entitle that

service provider to have access to the service activity or to exercise

that activity in the entire territory of Malta; provided that a

designated authority may require additional information listed in

sub-regulation (2) concerning the professional qualifications of the

service provider if

(a) the profession is regulated in parts of the territory of

Malta in a different manner;

(b) such regulation is applicable also to all nationals of

Malta;

(c) the differences in such regulation are justified by

overriding reasons of general interest relating to public

health or safety of service recipients; and

(d) the designated authority has no other means of

obtaining such information.

(1) Designated authorities may ask the competent

authorities of the Member State of establishment, in the event of

justified doubts, to provide any information relevant to the legality

of the service provider’s establishment and good conduct, as well

as the absence of any disciplinary or criminal sanctions of a

professional nature. In the event that the designated authorities

decide to check the service provider’s professional qualifications,

they 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.

(2) The designated authorities shall ensure the exchange of all

information necessary for complaints by a recipient of a service

against a service provider to be correctly pursued. Recipients shall

be informed of the outcome of the complaint.

In cases where the service is provided under the

professional title of the Member State of establishment or under the

formal qualification of the service provider, in addition to the other

requirements relating to information contained in Community law,

the relevant authorities may require the service provider to furnish

the recipient of the service with any or all of the following

information

(a) the register in which he is registered, his registration

number, or equivalent means of identification

contained in that register, if the service provider is

registered in a commercial register or similar public

register;

(b) the name and address of the competent supervisory

authority, if the activity is subject to authorisation in

the Member State of establishment;

(c) any professional association or similar body with

which the service provider is registered;

(d) the professional title or, where no such title exists, the

formal qualification of the service provider and the

Member State in which it was awarded;

(e) the VAT identification number referred to in Council

Directive 77/388/EEC, if the service provider

performs an activity which is subject to Value Added

Tax;

(f)

details of any insurance cover or other means of

personal or collective protection related to

professional liability.

PART III

Freedom of Establishment

Section 1

General System for the Evidence of Training

This section applies to all professions not covered by

Sections 2 and 3 of this Part and in the following cases in which the

applicant, for specific and exceptional reasons, does not satisfy the

conditions laid down in those sections

(a) for activities listed in Schedule II, when the applicant

does not meet the requirements set out in regulations

18, 19 and 20;

(b) for doctors with basic training, specialised doctors,

nurses responsible for general care, dental

practitioners,

specialized

dental

practitioners,

veterinary surgeons, midwives, pharmacists and

architects, when the applicant does not meet the

requirements of effective and lawful professional

practice referred to in regulation 21 and the relative

sectoral legislation;

(c) for architects, when the applicant holds evidence of

formal qualification not listed in the Second Schedule

to the Mutual Recognition of Qualifications of Periti

Regulations;

(d) without prejudice to regulation 22, the provisions for

automatic recognition in the relevant sectoral

legislation, and the acquired rights of specialised

doctors in Part IX of the Health Care Professions Act,

for doctors, nurses, dental practitioners, midwives,

pharmacists, veterinary surgeons, and architects

holding evidence of formal qualifications as a

specialist, which must follow the training leading to

the possession of a title referred to in the Health Care

Professions Act, the Second Schedule to the Mutual

Recognition of Qualifications of Perit Regulations,

and Schedule I to the Mutual Recognition of

Qualifications of Veterinary Surgeons Regulations,

and solely for the purpose of the recognition of the

RECOGNITION OF PROFESSIONAL QUALIFICATIONS

relevant speciality;

(e) for nurses responsible for general care and specialized

nurses holding evidence of formal qualifications as a

specialist which follows the training leading to the

possession of a title referred to in the Health Care

Professions Act, when the applicant seeks recognition

where the relevant professional activities are pursued

by specialized nurses without training as general care

nurse;

(f)

for specialised nurses without training as general care

nurse, when the applicant seeks recognition where the

relevant professional activities are pursued by nurses

responsible for general care, specialized nurses

without training as general care nurse or specialized

nurses holding evidence of formal qualifications as a

specialist which follows the training leading to the

possession of the titles referred to in the Health Care

Professions Act;

(g) for migrants meeting the requirements set out in

regulation 2.

For the purpose of regulations 15 and 16, the professional

qualifications are grouped under the following levels as described

below

(a) an attestation of competence issued by a competent

authority in the home Member State designated

pursuant to legislative, regulatory or administrative

provisions of that Member State on the basis of

(i)

a training course not forming part of a certificate

or diploma within the meaning of paragraphs

(b), (c), (d) or (e), or a specific examination

without prior training or full time pursuit of the

profession in a Member State for three

consecutive years or for an equivalent duration

on a part time basis during the previous ten

years; or

(ii) general primary or secondary education,

attesting that the holder has acquired general

knowledge;

(b) a certificate attesting to a successful completion of a

secondary course

(i)

general in character, supplemented by a course

of study or professional training other than those

referred to in paragraph (c) and, or by the

probationary or professional practice required in

addition to that course; or

(ii) technical

or

professional

in

character,

supplemented where appropriate by a course of

study or professional training as aforementioned

or by the probationary or professional practice

required in addition to that course;

(c) a diploma certifying successful completion of

(i)

training at post secondary level other than that

referred to in paragraphs (d) and (e) of a

duration of at least one year or of an equivalent

duration on a part time basis, one of the

conditions of entry of which is, as a general rule,

the successful completion of the secondary

course required to obtain entry to university or

higher education or the completion of equivalent

school education of the higher secondary level

as well as the professional training which may

be required in addition to that post secondary

course; or

(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;

(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;

(e) a diploma certifying that the holder has successfully

completed a post-secondary course of at least 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.

(1) Any evidence of formal qualifications or set of

evidence of formal qualifications issued by a competent authority

in a Member State, certifying completion of training in the Member

States, on a full or part-time basis, within or outside formal

programmes which is recognised by that Member State as being of

an equivalent level and which confers on the holder the same rights

of access to or pursuit of a profession or prepares for the pursuit of

that profession, shall be treated as evidence of formal qualifications

of the type referred to in regulation 13, including the level in

question.

(2) Any professional qualification which, although not

satisfying the requirements contained in the legislative, regulatory

or administrative provisions in force in the home Member State for

access to or the pursuit of a profession, confers on the holder

acquired rights by virtue of these provisions, shall also be treated

as such evidence of formal qualifications under the same conditions

as set out in sub-regulation (1). This applies in particular if the

home Member State raises the level of training required for

admission to a profession and for its exercise, and if an individual

who has undergone former training, which does not meet the

requirements of the new qualification, benefits from acquired rights

by virtue of national legislative, regulatory or administrative

provisions; in such case this former training is considered by the

host Member State, for the purposes of the application of regulation

15, as corresponding to the level of the new training.

(1) If access to or pursuit of a regulated profession in

Malta is contingent upon possession of specific professional

qualifications, the relative designated authority shall permit

applicants to access and pursue that profession, under the same

conditions as apply to its nationals, if they possess an attestation of

competence or evidence of formal qualifications referred to in

regulation 13, required by another Member State in order to gain

access to and pursue that profession on its territory

Provided that the attestations of competence or evidence of

formal qualifications must satisfy the condition of having been

issued by a competent authority in a Member State, designated in

accordance with the laws, regulations or administrative provisions

of that Member State.

(2) Access to, and pursuit of, a profession as described in sub-

regulation (1) shall also be granted to applicants who have pursued

the profession in question on a full-time basis for one year or for an

equivalent overall duration on a part-time basis during the previous

ten years in another Member State which does not regulate that

profession, and who possess one or more attestations of

competence or evidence of formal qualifications issued by another

Member State which does not regulate the profession. Attestations

of competence and evidence of formal qualifications shall satisfy

the following conditions

(a) they shall have been issued by the competent authority

in a Member State, designated in accordance with the

legislative, regulatory or administrative provisions of

that Member State;

(b) they shall attest that the holder has been prepared for

the pursuit of the profession in question.

(3) The one year of professional experience referred to in sub-

regulation (2) may not, however, be required if the evidence of

formal qualifications which the applicant possesses certifies

regulated education and training.

(4) Designated authorities shall accept the level attested under

regulation 13 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 referred

to in regulation 13(c)(ii) is equivalent to the level provided for in

regulation 13(c)(i).

(5) Notwithstanding the provisions of sub-regulations (1) and

(2) and regulation 16, a designated authority may refuse access to,

and pursuit of, the profession to holders of an attestation of

competence classified under regulation 13( a ) where the

professional qualification required to exercise the profession in

Malta is classified under regulation 13(e).

(1) Regulation 15 shall not preclude the designated

authority from requiring the applicant to complete an adaptation

period of up to three years or to take an aptitude test if

(a) the training he has received covers substantially

different matters than those covered by the evidence of

formal qualifications required in Malta;

(b) the regulated profession comprises one or more

regulated professional activities which do not exist in

the corresponding profession in the applicant’s home

Member State, and the training required in Malta

covers substantially different matters from those

covered by the applicant’s attestation of competence or

evidence of formal qualifications.

(2) If the designated authority makes use of the option provided

for in sub-regulation (1), it must offer the applicant the choice

between an adaptation period and an aptitude test: provided that in

the case where the designated authority finds it necessary not to

offer the choice, it shall inform the other Member States and the

Commission in advance and provide sufficient justification.

(3)

(a) The detailed rules governing the adaptation period and

its assessment as well as the status of a migrant under

supervision shall be laid out by the designated

authority.

(b) The status enjoyed by the person undergoing the

period of supervised practice shall be established by

the designated authority in conformity with national

and Community law.

(4) By way of derogation from the principle of the right of the

applicant to choose, as laid down in sub-regulation (2), the

designated authority may stipulate either an adaptation period or an

aptitude test

(a) in the case of professions whose pursuit requires

precise knowledge of national law and in respect of

which the provision of advice and, or assistance

concerning national law is an essential and constant

aspect of the professional activity;

(b) in the cases provided for in regulation 12(b) and (c),

and for doctors and dental practitioners in paragraph

(d) of the same regulation;

(c) in the case of regulation 12(f) when the migrant seeks

recognition where the relevant professional activities

are pursued by nurses responsible for general care or

specialised nurses holding evidence of formal

qualifications as a specialist which follows the training

leading to the possession of the titles referred to in the

Health Care Professions Act, and in regulation 12(g);

(d) in the cases covered by regulation 12(a), if the migrant

envisages pursuing professional activities in a self-

employed capacity or as a manager of an undertaking

which requires the knowledge and the application of

the specific national rules in force, provided that

knowledge and application of those rules are required

by the designated authorities for access to such

activities by its own nationals.

(5) By way of derogation from the principle of the right of the

applicant to choose, as laid down in sub-regulation (2), the

designated authority may stipulate either an adaptation period or an

aptitude test in the case of

(a) a holder of a professional qualification referred to in

regulation 13(a), who applies for recognition of his

professional qualifications where the national

professional qualification required is classified under

regulation 13(c); or

(b) a holder of a professional qualification referred to in

regulation 13(b), who applies for recognition of his

professional qualifications where the national

professional qualification required is classified under

regulation 13(d) or (e).

In the case of a holder of a professional qualification

referred to in regulation 13(a) who applies for recognition of his

professional qualifications where the national professional

qualification required is classified under regulation 13(d), the

designated authority may impose both an adaptation period and an

aptitude test.

(6) Sub-regulation (1) shall be applied with due regard to the

principle of proportionality. In particular, if the designated

authority intends to require the applicant to complete an adaptation

period or take an aptitude test, it must first ascertain whether the

knowledge, skills and competences acquired by the applicant in the

course of his professional experience or through lifelong learning,

and formally validated to that end by a relevant body, in any

Member State or in a third country, is of such nature as to cover, in

full or in part, substantially different matters.

(7) The decision imposing an adaptation period or an aptitude

test shall be duly justified. In particular, the applicant shall be

provided with the following information

(a) the level of the professional qualification required by

the designated authority and the level of the

professional qualification held by the applicant in

accordance with the classification set out in regulation

13; and

(b) the substantially different matters 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.

(8) Designated authorities shall ensure that an applicant has the

possibility of taking the aptitude test referred to in sub-regulation

(1) not later than six months after the initial decision imposing an

aptitude test on the applicant.

(Deleted by Legal Notice 270 of 2016).

Section II

Recognition of Professional Experience

If access to or pursuit of one of the activities listed in

Schedule II is contingent upon possession of general, commercial

or professional knowledge and aptitudes, the previous pursuit of

the activity in another Member State shall be recognized as

sufficient proof of such knowledge and aptitudes. The activity must

have been pursued in accordance with regulations 19, 20 and 21.

(1) For the activities in list I of Schedule II, the activity in

question must have been previously pursued

(a) for six consecutive years on a self-employed basis or

as a manager of an undertaking; or

(b) for three consecutive years on a self-employed basis or

as a manager of an undertaking, where the beneficiary

proves that he has received previous training of at least

three years or the activity in question, evidenced by a

certificate recognized by the Member State or judged

by a competent professional body to be fully valid; or

(c) for four consecutive years on a self-employed basis or

as a manager of an undertaking, where the beneficiary

can prove that he has received, for the activity in

question, previous training of at least two years’

duration, attested by a certificate recognised by the

Member State or judged by a competent professional

body to be fully valid; or

(d) for three consecutive years on a self-employed basis, if

the beneficiary can prove that he has pursued the

activity in question on an employed basis for at least

five years; or

(e) for five consecutive years in an executive position, of

which at least three years involved technical duties and

responsibility for at least one department of the

company, if the beneficiary can prove that he has

received, for the activity in question, previous training

of at least three years’ duration, as attested by a

certificate recognized by the Member State or judged

by a competent professional body to be fully valid.

(2) In cases in sub-regulation (1)(a) and (d), the activity must

not have finished more than ten years before the date on which the

complete application was submitted by the person concerned to the

competent authority referred to in article 4 of the Act.

(3) Sub-regulation (1)(e) shall not apply to activities listed in

Group ex 855, hairdressing establishments, of the ISIC

Nomenclature in 3, list I, of Schedule II.

(1) For the activities in list II of Schedule II, the activity

in question must have been previously pursued

(a) for five consecutive years on a self-employed basis or

as a manager of an undertaking; or

(b) for three consecutive years on a self-employed basis or

as a manager of an undertaking, where the beneficiary

proves that he has received previous training of at least

three years for the activity in question, evidenced by a

certificate recognized by the Member State or judged

by a competent professional body to be fully valid; or

(c) for four consecutive years on a self-employed basis or

as a manager of an undertaking, where the beneficiary

can prove that he has received, for the activity in

question, previous training of at least two years’

duration, attested by a certificate recognised by the

Member State or judged by a competent professional

body to be fully valid; or

(d) for three consecutive years on a self-employed basis or

as a manager of an undertaking, if the beneficiary can

prove that he has pursued the activity in question on an

employed basis for at least five years; or

(e) for five consecutive years on an employed basis, if the

beneficiary can prove that he has received, for the

activity in question, previous training of at least three

years’ duration, as attested by a certificate recognised

by the Member State or judged by a competent

professional body to be fully valid; or

(f)

for six consecutive years on an employed basis, if the

beneficiary can prove that he has received previous

training in the activity in question of at least two

years’ duration, as attested by a certificate recognised

by the Member State or judged by a competent

professional body to be fully valid.

(2) In cases referred to in sub-regulation (1)(a) and (d), the

activity must not have been finished more than ten years before the

date on which the complete application was submitted by the

person concerned to the competent authority referred to in article 4

of Act.

(1) For the activities in ISIC Nomenclature in list III, of

Schedule II, the activity in question must have been previously

pursued

(a) for three consecutive years, either on a self-employed

basis or as a manager of an undertaking; or

(b) for two consecutive years, either on a self-employed

basis or as a manager of an undertaking, if the

beneficiary can prove that he has received previous

training for the activity in question, as attested by a

certificate recognised by the Member State or judged

by a competent professional body to be fully valid; or

(c) for two consecutive years, either on a self-employed

basis or as a manager of an undertaking, if the

beneficiary can prove that he has pursued the activity

in question on an employed basis for at least three

years; or

(d) for three consecutive years, on an employed basis, if

the beneficiary can prove that he has received previous

training for the activity in question, as attested by a

certificate recognised by the Member State or judged

by a competent professional body to be fully valid.

(2) In cases referred to in of sub-regulation (1)(a) and (c), the

activity must not have finished more than 10 years before the date

on which the complete application was submitted by the person

concerned to the competent authority referred to in article 4 of the

Act.

Section III

Recognition on the basis of coordination

of minimum training conditions

(1) There shall be recognition of evidence of formal

qualifications as doctor giving access to the professional activities

of doctor with basic training and specialised doctor, as nurse

responsible for general care, as dental practitioner, as specialised

dental practitioner, as veterinary surgeon, as pharmacist and as

architect, referred to in the Health Care Professions Act, and listed

in the Second Schedule to the Mutual Recognition of Qualifications

of Perit Regulations, and in Schedule I to the Mutual Recognition

of Qualifications of Veterinary Surgeons Regulations, respectively,

which satisfy the minimum training conditions referred to in the

relevant articles of the Health Care Professions Act, the Periti Act

and the Veterinary Services Act, respectively, and shall for the

purpose of access to, and pursuit of the professional activity, give

such evidence the same effect on its territory as the evidence of

formal qualifications which it itself issues.

(2) With regard to the training referred to in the respective

Acts mentioned in sub-regulation (1)

(a) part-time training may be authorised under conditions

laid down by the designated authorities; those

authorities shall ensure that the overall duration, level

and quality of such training is not lower than that of

continuous full-time training;

(b) designated authorities shall ensure, by encouraging

continuous

professional

development,

that

professionals whose professional qualification is

covered by Section III of Part III of these regulations

are able to update their knowledge, skills and

competences in order to maintain a safe and effective

practice

and

keep

abreast

of

professional

developments.

(1) The designated authorities responsible for the

p rofession s referred t o i n regu lati on 22(1) shal l n oti fy the

Commission of the laws, regulations and administrative provisions

which are adopted with regard to the issuing of evidence of formal

qualifications in relation to the professions referred to in regulation

22(1). In the case of evidence of formal qualifications referred to in

the Periti Act and Mutual Recognition of Qualifications of Perit

Regulations, notification shall also be addressed to the other

Member States.

(2) The notification referred to in sub-regulation (1) shall

include information about the duration and content of the training

programmes and shall be transmitted via IMI.

(1) Without prejudice to the acquired rights specific to the

professions concerned, in cases where the evidence of formal

qualifications as doctor giving access to the professional activities

of doctor with basic training and specialised doctor, as nurse

responsible for general care, as dental practitioner, as specialised

dental practitioner, as veterinary surgeon, as midwife and as

pharmacist held by Member State nationals does not satisfy all the

training requirements stipulated in the specific national sectoral

legislation, it shall be recognised as sufficient proof evidence of

professional qualifications issued by those Member States insofar

as such evidence attests successful completion of training which

began before the reference dates laid down in the Health Care

Professions Act, and in Schedule I of the Mutual Recognition of

Q u a l i f i c a t i o n s o f Ve t e r i n a r y S u rg e o n s R e g u l a t i o n s , a n d i s

accompanied by a certificate stating that the holder has been

effectively and lawfully engaged in the activities in question for at

least three consecutive years during the five years preceding the

award of the certificate.

(2) The same provisions shall apply to evidence of formal

qualifications as doctor giving access to the professional activities

of doctor with basic training and specialised doctor, as nurse

responsible for general care, as dental practitioner, as specialised

dental practitioner, as veterinary surgeon, as midwife and as

pharm acist, obtained in the territory of the former Germ an

Democratic Republic, which does not satisfy all the minimum

training requirements laid down in the specific national sectoral

legislation if such evidence certifies successful completion of

training which began before

(a) the 3rd October 1990 for doctors with basic training,

nurses responsible for general care, dental

practitioners with basic training, specialised dental

practitioners, veterinary surgeons, midwives and

pharmacists; and

(b) the 3rd April 1992 for specialised doctors.

(3) The evidence of formal qualifications referred to in

subregulation (1) confers on the hold er the rig ht to p ursue

professional activities throughout German territory under the same

conditions as evidence of formal qualifications issued by the

competent German authorities referred to in the Health Care

Professions Act, and in Schedule I of the Mutual Recognition of

Qualifications of Veterinary Surgeons Regulations.

(4)

(a) Bulgaria may authorise the holders of the qualification

of "Фелдшер" (feldsher) awarded in Bulgaria before 31

December 1999 and exercising this profession under

the Bulgarian national social security scheme on 1

January 2000 to continue to excerise this profession,

even if parts of their activities fall under the provisions

concerning doctors of medicine and nurses responsible

for general care respectively.

(b) The holders of the above Bulgarian qualification are

not entitled to obtain professional recognition in Malta

as doctors of medicine or as nurses (general care).

(1) Where the designated authorities decide on an

application for authorisation to pursue the regulated profession in

question by virtue of these regulations, those authorities may

demand the documents and certificates listed in Schedule III of

these regulations.

(2) The documents referred to in Schedule III, paragraphs (d),

(e), and (f), shall not be more than three months old by the date on

which they are submitted. The authorities and other legal persons

shall guarantee the confidentiality of the information, which they

receive.

(3) In case of justified doubts, the designated authority may

r e q u i r e f r o m t h e c o m p e t e n t a u t h o r i t i e s o f a M e m b e r St a t e

confirmation of the authenticity of the attestations and evidence of

formal qualifications awarded in that other Member State, as well

as, where applicable, confirmation of the fact that the beneficiary

fulfils, for the professions referred to in Part III, Section III of

these regulations, the mi nimu m trai ning con ditions set out

respectively in the respective sectoral legislation.

(4) In the event of justified doubts, the designated authorities

may require from the competent authorities of a Member State

confirmation of the fact that the applicant is not 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.

(5) Exchange of information between designated authorities

and competent authorities of different Member States under this

regulation shall take place by means of the IMI.

(6) In cases of justified doubt, where evidence of formal

qualifications, as defined in regulation 2, has been issued by a

competent authority in a Member State and includes training

received in whole or in part in an establishment legally established

in the territory of another Member State, the designated authority

shall be entitled to verify with the competent body in the Member

State of origin of the award

(a) whether the training course at the establishment which

gave the training has been formally certified by the

educational establishment based in the Member State

of origin of the award;

(b) whether the evidence of formal qualifications issued is

the same as that which would have been awarded if the

course had been followed entirely in the Member State

of origin of the award; and, or

(c) whether the evidence of formal qualifications confers

the same professional rights in the territory of the

Member State of origin of the award.

(7) Where it is required of nationals to swear a solemn oath or

make a sworn statement in order to gain access to a regulated

profession, and where the wording of that oath or statement cannot

be used by citizens of the other Member States, it shall be ensured

that the persons concerned can use an appropriate equivalent

wording.

(1) The designated authority shall acknowledge receipt of

an application within a month of receipt and inform the applicant of

any missing document.

(2) The procedure for examining an application for

authorisation to practise a regulated profession must be completed

as quickly as possible and lead to a duly substantiated decision by

the designated authority in any case within three months after the

date on which the applicant’s complete file was submitted.

However, this deadline may be extended by one month in cases

falling under Sections I and II in Part III.

(1) A profession practised by the members of a

professional association or organisation referred to in regulation 2

and listed in Schedule I shall be treated as a regulated profession.

(2) The Minister responsible for education may authorise a

professional association or organisation fulfilling the conditions

and functions referred to in regulation 2 to award evidence of

formal qualifications and confer titles to its members.

If the use of a professional title relating to one of the

activities of the profession is regulated, nationals of other Member

States who are authorised to practise a regulated profession on the

basis of these regulations shall use the Maltese professional title

w h i c h c o r r e s p o nd s t o t h a t p r of e s s io n a n d m a k e us e o f a n y

associated initials.

Without prejudice to regulation 27 and to Part II, it shall be

ensured that a person be given the right to use the academic titles

conferred on him in the home Member State and possibly an

abbreviated form thereof in the language of the home Member

State. The appropriate authority may require that the title be

followed by the name and address of the awarding establishment or

examining board. Where an academic title of the home Member

St a t e i s l i a b l e t o b e c o n f u s e d w i t h a t i t l e w h i c h r e q u i r e s

supplementary training not acquired by the beneficiary, the

beneficiary may be required to use the academic title of the home

Member State in an appropriate form to be laid down by the

appropriate authority.

(1) For the purpose of this regulation, "common training

framework" means a common set of minimum knowledge, skills

and competences necessary for the pursuit of a specific profession.

A common training framework shall not replace national training

programmes unless otherwise stated by law. For the purpose of

access to and pursuit of a profession in Malta which is regulated,

the designated authorities shall give evidence of professional

qualifications acquired on the basis of such a framework the same

effect in Malta as the evidence of formal qualifications which are

issued by competent authorities in Malta, on condition that such

framework is adopted by means of a delegated act issued by the

European Commission in terms of Directive 2005/36/EC.

(2) In the event that the European Commission establishes a

common training framework for a given profession by means of a

delegated act adopted in accordance with Directive 2005/36/EC,

the designated authority responsible for that profession shall be

exempted from the obligation of introducing the common training

framework and from the obligation of granting automatic

recognition to the professional qualifications acquired under that

common training framework if one of the following conditions is

fulfilled

(a) there are no education or training institutions available

in Malta to offer such training for the profession

concerned;

(b) the introduction of the common training framework

would adversely affect the organisation of the system

of education and professional training in Malta;

(c) there are substantial differences between the common

training framework and the training required in Malta,

which entail serious risks for public policy, public

security, public health or for the safety of the service

recipients or the protection of the environment.

(3) The relevant designated authority shall, within six months

of the entry into force of the delegated act referred to in sub-

regulation (2), notify to the Commission and to the other Member

States

(a) the national qualifications, and where applicable the

national professional titles, that comply with the

common training framework; or

(b) any use of the exemption referred to in sub-regulation

(2), along with a justification of which conditions

under sub-regulation were fulfilled. In the event that

the Commission requests further clarification, the

designated authority shall reply within three months of

any such request.

(1) For the purpose of this regulation, a "common training

test" means a standardised aptitude test available across

participating Member States and reserved to holders of a particular

professional qualification. Passing such a test in a Member State

shall entitle the holder of a particular professional qualification to

pursue the profession in Malta under the same conditions as the

holders of professional qualifications in Malta.

(2) In the event that the European Commission establishes a

comm on training test fo r a g iven profession by means of a

delegated act adopted in accordance with Directive 2005/36/EC,

the designated authority responsible for that profession shall be

exempted from the obligation of organising the common training

test in Malta and from the obligation of granting automatic

recognition to professionals who have passed the common training

test if one of the following conditions is fulfilled

(a) the profession concerned is not regulated in Malta;

(b) the contents of the common training test will not

sufficiently mitigate serious risks for public health or

the safety of the service recipients, which are relevant

in Malta;

(c) the contents of the common training test would render

access to the profession significantly less attractive

compared to national requirements.

(3) The relevant designated authority shall, within six months

of the entry into force of the delegated act referred to in sub-

regulation (2), notify to the Commission and to the other Member

States

(a) the available capacity for organising such tests; or

(b) any use of the exemption referred to in sub-regulation

(2), along with the justification of which conditions

under that sub-regulation were fulfilled. In the event

that the Commission requests further clarification, the

designated authority shall reply within three months of

any such request.

(1) If access to a regulated profession in Malta is

contingent upon completion of a professional traineeship, the

relevant designated authority 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-regulation (2), and shall take into

account professional traineeships carried out in a third country,

subject to any reasonable limits, established by national 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 designated

authorities 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.

RECOGNITION OF PROFESSIONAL QUALIFICATIONS

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