S.L. 390.3 Art. 2ETemporary provision of services.

(1) Without prejudice to the Mutual Recognition Qualifications Act, and notwithstanding the provisions of articles 3

and 4 of the Periti Act, any person established in another Member

State may practise the profession in Malta on a temporary and occasional basis subject to further requirements as may be provided under these regulations, provided that such person:

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

(b) has pursued the profession for at least one year during the ten years immediately preceding the provision of services where the profession is not regulated in that Member State.

(2) Persons referred to in sub-regulation (1) shall inform the Board by means of a written declaration to be made in advance which shall include the following:

(a) the details of an insurance cover or other means of personal or collective protection relative to professional liability. Such declaration shall be made 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 warrant holder 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 even temporarily, at the moment of delivering the attestations;

(d) evidence of professional and academic qualifications; and

(e) where applicable, any means of proof that the applicant has pursued the 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 regulation, 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) of the Periti Act, 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 applicant’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 whether a provider is exercising his freedom to provide services within the meaning of this regulation and Article 49 of the Treaty establishing the European Community, or is an establishment case, on a case-by-case basis and in conformity with Community law and rulings of the European Court of Justice.

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

(a) not to check his professional qualifications; or

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

(6) A person exercising the profession under this regulation shall be deemed to be a warrant holder and the provisions of the Periti Act, and of any other law shall apply to him in the same manner and to the same extent as with any other warrant holder.