Cap. 437 чл. 43Professional veterinary activities.

(1) Professional veterinary activities shall comprise both

State and private veterinary activities.

(2) No person shall practice as a veterinary surgeon unless -

(a) he holds a warrant to practice from the President of

Malta; and

(b) his name is registered in the Veterinary Surgeons’ Register.

(3) Warrants shall be granted to any applicant who produces a certificate issued by the Council showing that the Council is satisfied that the applicant -(a) Repealed by Act XVIII. 2002.10;

(b) has graduated in veterinary medicine and surgery, having a degree or formal qualification recognised by the Council, after consultation with the Malta Qualifications Council and in terms of the Mutual Recognition of Qualifications Act and legislation made thereunder, as being comparable to the degree or formal qualification, in the subject, in Malta, or in a Member State, and in trading partners; (c) Repealed by Act XVIII. 2002.10;

(d) is of good character;

(e) is in a state of good physical and mental health; (f) Repealed by Act XVIII. 2002.10;

(g) is a citizen of Malta or of a Member State or is otherwise legally entitled to work in Malta.

(4) (a) The Council shall acknowledge receipt of an application for a warrant as soon as possible and in any case by not later than one month of receipt of all relevant documentation submitted in fulfilment of the requirements listed in the last preceding sub-article. The acknowledgment shall include the time by which the Council expects to reach a decision in terms of this sub-article and the available means of redress from decisions of the Council:

Provided that in the case of incomplete documentation, the Council shall inform the applicant accordingly: Provided further that where the applicant is already established in another Member State and, or has obtained his qualifications in another Member State and, or is a citizen of another Member State, the Council may seek to verify any of the documentation submitted by the applicant with the relevant competent authority of that Member State in terms of the Services

(Internal Market) Act.

(b) The Council shall examine all documentation submitted by the applicant as early as possible and lead to a duly substantiated decision within three months. Such period shall commence to run from the date of receipt of all necessary documentation. Where duly motivated, this period may be extended by one month by the Council, provided that the applicant is notified before the original period set in paragraph (a) has expired.

(c) Lack of response within the timescales set in accordance with this sub-article shall not be deemed to imply the tacit approval of the applicant’s application.

(5) Without prejudice to sub-articles (2) and (3), and in accordance with the Mutual Recognition of Qualifications Act and the Recognition of Professional Qualifications Regulations, a person may provide veterinary services in Malta, on a temporary and occasional basis, provided that he is legally established in another Member State for the purpose of pursuing the profession of a veterinary surgeon in such Member State.

(6) (a) Persons referred to in sub-article (5) shall inform the Council in advance of their intention to provide veterinary services in Malta by means of a written declaration. Such written declaration shall include:

(i) proof of nationality;

(ii) an attestation certifying that the person is legally established in another Member State for the purpose of pursuing the profession of a veterinary surgeon in that Member State;

(iii) evidence of his professional qualifications;

(iv) details of his current insurance cover or of any other means of collective protection with regard to professional liability, as it may be applicable.

(v) Repealed by Act XXXVII.2024.6.

(b) (i) Repealed by Act XXXVII.2024.6.

(ii) Repealed by Act XXXVII.2024.6. (iii) Repealed by Act XXXVII.2024.6.

(iv) Repealed by Act XXXVII.2024.6.

(v) Where there is a substantial difference between the professional qualifications of the applicant and the training required in 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 applicant’s professional experience or by knowledge, skills and competences acquired through lifelong learning formally validated to that end by a relevant body, the Council shall give that applicant the opportunity to show, by means of an aptitude test, that he has acquired the knowledge, skills or competence that were lacking. The Council 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 sub-paragraph (ii).

(vi) All aptitude tests shall be provided directly by the Council or sub-contracted to any other authority, organisation or institute as chosen by the Council.

(vii) All expenses in taking aptitude tests shall be borne by the applicant.

(c) In making its decision in terms of this and the preceding subarticle, the Council shall assess and determine each application based on its individual merits.

(6A) (a) Veterinary surgeons benefiting from the recognition of professional qualifications shall have a knowledge of either the Maltese language or the English language.

(b) The Council shall ensure that any controls carried out to ensure compliance with the obligation under paragraph (a) shall be limited to the knowledge of one official language of Malta.

(c) Controls carried out in accordance with paragraph (b) may be imposed in cases where there is a serious and concrete doubt about the sufficiency of the veterinary surgeon’s language knowledge in respect of the professional activities which that veterinary surgeon intends to pursue.

(d) Controls may be carried out only after the recognition of a professional qualification.

(e) Any language controls shall be proportionate to the activity to be pursued, and shall be subject to appeal.

(7) (a) The Veterinary Surgeons’ Council shall keep a list within the Veterinary Surgeons’ Register of persons providing veterinary services on a temporary or occasional basis under this article.

(b) This registration shall be valid for one year and shall be renewed, in advance, for every year in which the applicant intends to provide temporary or occasional services in Malta during that year.

(8) (a) The Council shall keep a register, to be called the Veterinary Surgeons’ Register, in which shall be entered the name of every veterinary surgeon to whom a warrant has been granted under this article.

(b) Every veterinary surgeon shall be entitled to have entered against his name in the Veterinary Surgeons’ Register, any degree or diploma which he may hold, provided that such degree, diploma or comparable formal qualification relates to the profession of veterinary surgeon and is recognised by the Council, after consultation with the Malta Qualifications Council.