DESIGNATION OF VARIOUS ENTITIES REGULATIONS

SUBSIDIARY LEGISLATION 500.01

DESIGNATION OF VARIOUS ENTITIES

REGULATIONS

26th November, 2010

LEGAL NOTICE 495 of 2010, as amendeed by Legal Notice 270 of

2016.

The title of these regulations is the Designation of Various

Entities Regulations.

(1)

For the purpose of these regulations

"the Act" means the Services (Internal Market) Act;

"the body responsible for consumer protection" means the

Director of Consumer Affairs designated as such in terms of article

3(1) of the Consumer Affairs Act;

"the Commerce Department" means the regulatory authority in

terms of article 3 of the Trading Licenses Act;

"the European Commission" means the Commission of the

European Community;

"the European Consumer Centre" means the entity designated

w i t h t h e r o l e o f M a l t a ’s r e p r e s e n t a t i v e i n t h e E u r o p e a n

Commission’s European Consumer Centres Network established

pursuant to Decision 1926/2006/EC of the European Parliament

and of the Council establishing a programme of Community action

in the field of consumer policy (2007-2013);

"IMI actors and users" means IMI actors and users within the

meaning of Commission Decision 2008/49/EC concerning the

implementation of the Internal Market Information System (IMI) as

regards the protection of personal data;

"the Malta Enterprise" means the corporation set up under the

Malta Enterprise Act;

"the Malta Standards Authority" means the authority as set up

under the Malta Standards Authority Act.

(2) Words, terms and expressions used in these regulations and

which are also used in the Act, shall have, unless the context

otherwise requires, the same meaning as in the Act.

(1) For the purposes of article 10(1) of the Act, and further

to the entity designated for the purpose by sub-article (3) of the

same article, the entities responsible to provide, upon request,

assistance and information in accordance with article 7(a) and (b)

of the Act shall be the European Consumer Centre in Malta and the

Malta Enterprise, hereinafter referred to as "the designated

entities".

(2) In the fulfillment of its obligation to provide information

and assistance to providers and recipients under articles 4 and 7(a)

and (b) of the Act, a competent authority shall effectively cooperate

with and furnish without delay all the required information to the

designated entities, in terms of sub-regulation (1).

(3) The competent authority shall remain responsible for the

correctness of the information provided under sub-regulation (2).

(4) Upon receipt of a request for assistance and, or information

from other entities listed as ‘Article 21 Contacts’ in the network

established by the European Commission pursuant to Article 21,

paragraph (2) of Directive 2006/123/EC of the European

Parliament and of the Council on services in the internal market, or

directly from a provider or a recipient , the designated entities in

terms of sub-regulation (1), shall cooperate with each other and

with the competent authorities to provide in an efficient, effective

and timely manner the assistance and, or information requested in

accordance with article 7 of the Act.

(1) The Malta Standards Authority shall be the body

through which a competent authority shall notify the introduction

of any laws, regulations and, or administrative provisions of the

type listed under article 5(4) of the Act to the European

Commission as referred to in the second proviso to the said article

5(4).

(2) The transmission of a notification of any such new laws,

regulations and, or administrative provisions to the European

Commission by the Malta Standards Authority shall be made at

such time as may be determined by the competent authority, and in

the format and according to the procedure established for the

purpose by the European Commission.

(3) The Malta Standards Authority shall communicate any

comments and, or decision adopted by the European Commission

received by it concerning a notification to the relevant competent

authority without delay.

(4) The Malta Standards Authority may, with the approval of

the Minister responsible for it, establish its own procedure to be

followed by the competent authorities when making such

notifications.

(1) In the course of meeting its obligations of

administrative cooperation with the relevant competent authorities

in other Member States as set out in articles 6(3) and 8(3), (4) and

(6) of the Act, and pursuant to Commission Decision 2009/739/EC

of the 2 October 2009 setting out the practical arrangements for the

exchange of information by electronic means between Member

States under Chapter VI of Directive 2006/123/EC of the European

Parliament and of the Council on services in the internal market, a

competent authority shall exchange requests and information with

the relevant competent authority of another Member State through

the Internal Market Information System hereinafter referred to as

"IMI".

(2) In terms of Commission Decision 2008/49/EC concerning

the implementation of the Internal Market Information System

(IMI) as regards the protection of personal data, the national IMI

actors shall be

(a) the competent authorities that shall each be considered

as a "competent authority" within the meaning of

article 7 of the Act;

(b) the Commerce Department that shall be appointed as

the National IMI Coordinator (NIMIC) within the

meaning of article 8 of the Act;

(c) the ministries under whose remit the competent

authorities referred to under paragraph (a) fall that

shall be appointed as Delegated IMI Coordinators

(DIMICs) within the meaning of article 8 of the Act.

(3) Natural persons working under the direct control of national

IMI actors only, herein referred to as IMI users, may use the IMI.

(4) Pursuant to Article 1 (2) of Commission Decision 2009/

739/EC, the national IMI coordinator shall also be designated as

the liaison point as provided in Article 28(2) of Directive 2006/

123/EC.

(5) The use of the IMI by national IMI actors and users shall be

in conformity with Commission Decisions 2008/49/EC and 2009/

739/EC

Provided that the national IMI coordinator may, after

consulting with other national IMI actors, and with the approval of

the Minister, establish a national code of operation and practice to

better implement the functions, roles, rights and obligations

emanating from the above-mentioned Commission Decisions and

the general functioning and co-ordination of IMI use in Malta.

(1) The Malta Enterprise shall be the designated entity

responsible for the administrative and operational set-up of the

Point of Single Contact, including its co-ordination with the

competent authorities and other bodies established under other laws

in fulfilment of the functions assigned to it by the Act.

(2) The following information shall be made available online

and through the point of single contact

(a) a list of all regulated professions in Malta including

contact details of the designated authorities for each

regulated profession and assistance centres;

(b) a list of the professions for which a European

Professional Card in terms of Directive 2005/36/EC is

available, the functioning of that Card, including all

related fees to be paid by professionals, and the

designated authorities responsible for issuing that

Card;

(c) a list of all professions for which Malta applies Article

7(4) of Directive 2005/36/EC under national laws,

regulations and administrative provisions;

(d) a list of regulated education and training, and training

with a special structure, referred to in point (c)(ii) of

Article 11 of Directive 2005/36/EC;

(e) the requirements and procedures referred to in Articles

7, 50, 51 and 53 of Directive 2005/36/EC for the

professions regulated in Malta, including all related

fees to be paid by citizens and documents to be

submitted by citizens to designated authorities;

(f)

details on how to appeal, under national laws,

regulations and administrative provisions, decisions of

designated authorities adopted under Directive 2005/

36/EC.

(3) The information referred to in sub-regulation (2) shall be

updated regularly, shall be accessible remotely and by electronic

means by users, and shall be clear and comprehensive. Any

requests for information addressed to the point of single contact

shall be replied to as soon as possible.

The body responsible for consumer protection shall be

responsible to ensure that the rights of recipients and potential

recipients of a service shall not be subjected to discriminatory

requirements mentioned under article 9(a) of the Act.