S.L. 409.12 Art. 7Provisionoftourist guidingserviceson a temporary and occasional basis.

(1) A temporary services provider shall not be prohibited from providing tourist guiding services on a temporary and occasional basis in Malta, insofar as the temporary service provider:

(a) is legally established in any Member State for the purposes of providing tourist guiding services: Provided that where the provision of tourist guiding services, or the practical and theoretical training leading to the qualification as a tourist guide is not regulated in the Member State where he is legally established, the temporary service provider shall not be prohibited from providing temporary and occasional services in Malta as a tourist guide if he has provided such services in the Member State where he is legally established for at least one year during the ten years preceding the provision of same services on a temporary and occasional basis in Malta;

(b) has the necessary knowledge of the language or languages necessary for providing tourist guiding services in Malta; and

(c) has submitted to the Authority a written declaration and the documentation provided for in sub-regulations

(3) and (4).

(2) The determination of whether tourist guiding services are being provided on a temporary and occasional basis in Malta shall be assessed by the Authority on a case by case basis, taking into account all relevant circumstances, including but not limited to, frequency, regularity, and continuity, in conformity with Community law.

(3) A temporary service provider shall, prior to the date of commencement of the provision of tourist guiding services in Malta on a temporary and occasional basis, submit to the Authority a written declaration in such a form established by the Authority for the purpose, setting out the following information:

(a) the full name of the temporary service provider;

(b) the full legal address of the temporary services provider;

(c) if applicable, the name and details of the national or regional register in which the service provider is enrolled, his registration number, or any equivalent means of identification contained in that register;

(d) the details of any professional association or similar body with which the temporary service provider is registered or is a member thereof; and

(e) the professional title or designation used, or in the event that such title or designation does not exist, the formal qualification of the temporary service provider which entitles him to act as a tourist guide in the Member State of his establishment, and the Member State in which it was awarded.

(4) In addition to the written declaration mentioned in sub-regulation (3), the temporary service provider shall submit to the Authority the following documents:

(a) evidence of his nationality;

(b) an attestation from the relevant competent authority in the Member State of his establishment that he is legally established in that Member State for the purposes of pursuing tourist guiding services and that he is not prohibited, even temporarily from providing such services;

(c) in the situation mentioned in the proviso to regulation 7(1)(a), evidence that the temporary service provider has provided tourist guiding services for at least one year during the previous ten years;

(d) evidence of the formal qualification which entitles him to act as a tourist guide in the Member State of his establishment.

(5) Where, due to a material change in the status of the temporary service provider, the written declaration and the documents submitted with the declaration to the Authority no longer effect such status, the temporary service provider shall submit to the Authority an updated written declaration or the documents reflecting such change in status within fifteen days from the date when such change occurred.

(6) Where a temporary service provider wishes to provide tourist guiding services in the calendar year immediately following the year in which the written declaration has been filed or re-filed, as the case may be, such written declaration shall be renewed by the temporary service provider: Provided that, in any case, a new written declaration shall be submitted prior to the commencement of the provision of tourist guiding services in Malta in that particular year.

(7) (a) A temporary service provider shall, when providing tourist guide services in Malta on a temporary and occasional basis, be entitled to use the professional title or designation, and wear such identification as if he was providing services in the Member State in which he is legally established. The identity document shall include the name and address of the relevant licencing authority.

(b) The professional title or designation shall be indicated in the official language or one of the official languages of the Member State where the temporary service provider is legally established.

(c) Where no professional title or designation is used in the Member State in which the temporary service provider is legally established, he shall indicate his formal qualification in the official language or one of the official languages of that Member State.

(8) The Authority shall enter the name and title of temporary service providers who have made written declarations to the Authority to provide tourist guiding services in Malta during any current year, in terms of this regulation in a section of the register referred to in regulation 3 designated for the purpose.

(9) Submission of the required declaration by a temporary service provider in accordance with sub-regulation (3) shall entitle that temporary service provider to have access to provide tourist guiding services in the entire territory of Malta.

(10) The Authority shall ensure that any controls on the language competency of a temporary service provider are limited to the knowledge of one official language of Malta, and only carried out after recognition of the professional qualifications of the temporary service provider. Controls may be imposed by the Authority in cases where there is a serious and concrete doubt about the sufficiency of the temporary service provider’s language knowledge in respect of the tourist guiding services the temporary service provider intends to pursue. Any language controls shall be proportionate to the activity to be pursued, and shall be subject to appeal in accordance with the provisions of the Third Schedule to the Act, on payment of the fee set out in the Fees (Tourism) Regulations.