Cap. 321 Art. 5BTemporary provision of services.

(1) Without prejudice to the Mutual Recognition of

Qualifications Act and notwithstanding the provisions of article 3

of this Act, any person established in another Member State may practise the profession of inġinier in Malta on a temporary and occasional basis without being required to follow the procedures to obtain a warrant, provided that such person:

(a) is legally established in another Member State for the purpose of pursuing the engineering profession in that Member State; and

(b) 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 engineering profession is regulated.

(2) Persons referred to in sub-article (1) shall inform the Board by means of a written declaration to be made in advance which once a year if the applicant intends to provide temporary or occasional services during the year;

(b) proof of the nationality of the applicant;

(c) an attestation certifying that the person is legally established in a Member State for the purpose of pursuing the activities concerned and that he is not prohibited from practising the profession of inġinier even temporarily, at the moment of delivering the attestations;

(d) evidence of professional qualifications; and

(e) where applicable, any means of proof that the applicant has pursued the engineering profession for at least one year during the previous ten years immediately preceding the provision of services.

(3) Where the Board, in exercising its authority under this article, deems that there is a substantial difference between the professional qualifications of the applicant and the academic qualifications required under article 3(2)(d)(i), to the extent that the 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 knowledge, skills and competences acquired through lifelong learning formally validated to that end by a relevant body, the Board shall give the applicant the opportunity to show, in particular by means of an aptitude test, that he has acquired the knowledge or competence which he lacks.

(4) The Board shall assess the temporary and occasional nature of the provision of the reserved activities on a case by case basis.

(5) No later than one month after receipt of the declaration and accompanying documents, referred to in sub-article (2), the Board shall inform the applicant of its decision:

(a) not to check his professional qualifications; or

(b) having checked his professional qualifications, to either require the applicant to take an aptitude test or to allow the provision of services. Where there is a difficulty which would result in delay in taking a decision under paragraph (b), the Board shall notify the applicant of the reason for the delay within the same deadline. The difficulty shall be solved within one month of that notification and the decision finalised within two months of resolution of the difficulty. In the absence of a decision by the Board within the said deadlines, the engineering services falling under this article may be provided.

(6) A person exercising the profession under this article shall Provided that reserved activities shall be provided under the professional title of the Member State of establishment, in so far as such title exists in that Member State for the reserved activity concerned. That 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 any conflict with the professional title in Malta. Where no such professional title exists in the Member State of establishment, the service provider shall indicate his formal qualification in one of the official languages of Malta:

Provided further that where professional qualifications have been verified by the Board in terms of paragraph (b) of sub-article (5), the reserved activities shall be provided under the professional title of "Inġinier" or its abbreviation "Inġ." together with the service provider's name and the temporary licence registration number provided by the Board.

(7) Where a national of a Member State has professional qualifications recognised by another Member State, but the scope of professional activities is narrower than those in Malta, and the difference between the fields of activity are such that a full programme of education and training would be required for the professional to compensate for the shortcomings, the Warranting Board may grant the candidate partial access to the profession for the purposes of establishment in Malta for temporary and occasional provision of services, provided that the professional so agrees:

Provided that such qualified professional activity can be objectively separated from other activities falling under the profession: in this case, the exercise of the profession will be carried out under the professional title of the home Member State, as long as this does not create confusion for the recipients of the service in Malta.