Cap. 500 чл. 12Power of make regulations. (1) Services (a) in (b) in the (c) in (d) (e) (2) Matters the Council of 16 provision of (3) Matters the Council of processing of (4) Matters facilitate the (5) The (6) Matters Maltese law by 2007, as well as which reserve an (7) Matters social security members of their (8

(1) The Minister may, in consultation with other Ministers, as the case may require, make regulations for the better carrying out of any of the provisions of this Act.

(2) Without prejudice to the generality of the aforesaid power, such regulations may in particular provide for:

(a) the definition of functions of a point of single contact, its administrative and operational set up and function including its coordination with the relevant competent authorities and other bodies established under other laws in fulfilment of the functions assigned to it;

(b) establishing the sanctions or penalties to which an offender under this Act may, on being found guilty, become liable; any laws, regulations or administrative provisions as referred to in the second proviso to article 5(4), and the procedure to be followed to channel the information to the European Commission;

(e) the designation of a national coordinator for the Internal Market Information System;

(f) the designation of an Appeals Board to take cognizance of complaints lodged by a provider against a competent authority in default of a procedure identified under its founding and enabling legislation;

(g) prescribing anything which may be required to be prescribed by this Act. of general economic interest, inter alia:

the postal sector, services covered by Directive 97/67/EC of the European Parliament and of the Council of 15 December 1997 on common rules for the development of the internal market of Community postal services and the improvement of quality of service; the electricity sector, services covered by Directive 2003/54/EC of European Parliament and of the Council of 26 June 2003 concerning common rules for the internal market in electricity; the gas sector, services covered by Directive 2003/55/EC of the European Parliament and of the Council of 26 June 2003 concerning common rules for the internal market in natural gas; water distribution and supply services and waste water services; treatment of waste.

covered by Directive 96/71/EC of the European Parliament and of December 1996 on the posting of workers in the framework of the services. covered by Directive 95/46/EC of the European Parliament and of 24 October 1995 on the protection of individuals with regard to the personal data and on the free movement of such data. covered by Council Directive 77/249/EEC of 22 March 1977 to effective exercise by lawyers of freedom to provide services. activity of judicial recovery of debts. covered by Title II of Directive 2005/36/EC as transposed into virtue of the Recognition of Professional Qualifications Regulations, requirements in the Member State where the service is provided activity to a particular profession.

covered by Regulation (EEC) No 1408/71 on the application of schemes to employed persons or self employed persons and to families moving within the Community. regards administrative formalities concerning the free movement of residence, matters covered by the provisions of Directive 2004/38/ of citizens of the European Union and their family members to move within the territory of the member states with which beneficiaries regards third country nationals who move to another Member State in the provision of a service, the possibility for Member States to require permits for third country nationals who are not covered by the recognition regime provided for in Article 21 of the Convention Schengen Agreement of 14 June 1985 on the gradual abolition of common borders or the possibility to oblige third country nationals to competent authorities on or after their entry.

regards the shipment of waste, matters covered by Council Regulation of 1 February 1993 on the supervision and control of shipments of into and out of the European Community. Parliament and of the Council of 11 March 1996 on the legal protection as well as industrial property rights.

(12) Acts requiring by law the involvement of a notary public.

(13) Matters covered by Directive 2006/43/EC of the European the Council of 17 May 2006 on statutory audit of annual accounts accounts.

(14) The registration of vehicles leased in another Member State.

(15) Provisions regarding contractual and non-contractual obligations, the form of contracts, determined pursuant to the rules of private international

SECOND SCHEDULE [(Article 8(3) and (4)]

Cooperation with a competent authority of another Member

(1) When a service is being provided in another Member State established in Malta, a competent authority shall cooperate with competent authority of another Member State, and fulfil its obligations hereunder:

(a) when receiving a request from the relevant competent another Member State, a competent authority shall confirm provider is established in Malta and that to its knowledge not exercising his activity in an unlawful manner;

(b) the competent authority shall carry out such checks, investigations as requested and, or necessary, and relevant competent authority in the other Member State and, or of any measures taken by it: Provided that a competent authority may decide on which appropriate;

(c) in the event that a competent authority encounters difficulty a request for information or in carrying out checks, investigations, it shall rapidly inform the requesting authority with such difficulties in order to find a solution.

(2) Upon gaining actual knowledge of any conduct or specific established in Malta which provides services in other Member States, knowledge, could cause serious damage to the health and safety of environment, the competent authority shall inform all other relevant authorities of other Member States and the Commission within the period of time.

(3) When a service is being provided in Malta, in the event movement by a provider established in another Member State:

(a) at the request of the relevant competent authority of the of establishment, the competent authority shall carry competent authority may, on its own initiative, conduct checks, inspections and investigations on the spot, provided that those checks, inspections and investigations are not discriminatory, motivated by the that the provider is established in another Member State and are proportionate; the event that a competent authority encounters difficulty in meeting request for information or in carrying out checks, inspections or investigations, it shall rapidly inform the requesting competent authority with such difficulties in order to find a solution; respect to the requirements imposed by the competent authority in terms of article 6(3), the competent authority shall take all measures necessary to ensure that the provider complies with these requirements shall carry out checks, inspections and controls necessary to supervise the service provided. a competent authority becomes aware of serious and specific acts or relating to a service activity that could cause serious damage to health persons or to the environment in Malta or in the territory of other the competent authority shall inform the relevant competent Member State of establishment, the other Member States concerned Commission within the shortest possible time.

THIRD SCHEDULE [Article 8(6)] Procedure to be followed on transmission of information on the good repute of a provider complying with a request for information on the good repute of a competent authority shall abide by the provisions of disclosure of provided under any other law. prejudice to paragraph (1), a competent authority upon receipt of a another competent authority shall supply any information on disciplinary decisions or on any other decision concerning a state of insolvency which are directly relevant to the provider’s competence or reliability. event that a request concerns the disclosure of information relating to administrative decisions, a competent authority shall ensure that such decisions are final. event that a request concerns the disclosure of information on any enforceable decision, the competent authority shall clearly indicate whether final or subject to appeal. Should the latter be the case, the competent provide the expected time when the decision of appeal is expected to event that a competent authority receives a request from a competent another Member State relating to the disclosure of information on a Provided that a request made pursuant to the objectives mentioned sub-article must be duly substantiated, and the reason of the request to the competent authority.

(6) The competent authority which supplies the information service provider that that information has been disclosed.

FOURTH SCHEDULE [(Article 6(3)]

Mutual assistance in the case of a case-by-case derogation

(1) Where a competent authority intends to take a measure pursuant 6(3) of this Act, the following procedure shall apply without prejudice proceedings, including preliminary proceedings and acts carried framework of a criminal investigation.

(2) A competent authority shall request the competent authority State of establishment to take measures with regard to the provider, relevant information on the services and the circumstances of the case.

(3) The competent authority in the Member State of establishment the shortest time possible, check whether the provider is operating verify the acts underlying the request.

(4) Following a reply from the competent authority in the establishment of the measures taken or envisaged to be taken or, as the reason why it has not taken any measures, the competent authority the European Commission and the competent authority in the Member establishment of its intention to take measures, for the following reasons:

(a) why it believes the measures taken or envisaged by authority in the Member State of establishment are inadequate;

(b) why it believes the measure it intends to take fulfils conditions:

(i) the national measure has not been subject harmonisation in the camp of the safety of services;

(ii) the measure provides for a higher level of protection recipient than would be the case in a measure relevant competent authority in the Member establishment in accordance with its national provisions;

(iii) the relevant competent authority in the Member establishment has not taken any measures or has which are insufficient as compared with those paragraph (ii);

(iv) the measures are not proportionate.

(5) The measures may not be taken before fifteen working days notification as provided in paragraph (4). FIFTH SCHEDULE

[Article 10(1) and (2)] Information to be provided to a recipient provider established in Malta shall make the following information recipient at all times: name, legal status and form, the registered geographic address at which he is established and details enabling him to be contacted rapidly communicated with directly and, as the case may be, by electronic means; where the provider is subject to a code of conduct, is a member of a association or professional body which provides recourse to settlement dispute proceedings other than judicial proceedings, the details of such body and the manner how the information on the characteristics and conditions relating to such proceedings may be obtained; where the provider is registered in a trade or other similar public register, the name of that register and the provider’s registration number, or equivalent means of identification in that register; where the activity is subject to an authorisation scheme, the particulars the relevant competent authority or the single point of contact; where the provider exercises an activity which is subject to VAT, the identification number referred to in Article 22(1) of Sixth Council Directive 77/388/EEC of 17 May 1977 on the harmonisation of the laws the Member States relating to turnover taxes - Common system of value added tax: uniform basis of assessment; the case of the regulated professions, any professional body or similar institution with which the provider is registered, the professional and the Member State in which that title has been granted; general conditions and clauses, if any, used by the provider; existence of contractual clauses, if any, used by the provider concerning the law applicable to the contract and, or the competent courts; existence of an after-sales guarantee, if any, not imposed by law; price of the service, where a price is pre-determined by the provider a given type of service; main features of the service, if not already apparent from the context; where he is subject to an insurance cover or other guarantee, the contact details of the insurer or guarantor and the territorial coverage. information referred to in subparagraphs (a) to (l): an address supplied by the provider; or

(iv) appears on all documentation supplied to the provider which sets out a detailed description provides.

(2) A provider shall make the following information available request:

(a) the price of the service and if an exact price cannot method for calculating the price or a detailed estimate;

(b) a reference to the professional rules applicable in the establishment and how to access them;

(c) information on their multi-disciplinary activities and partnerships are directly linked to the service in question and on the to avoid conflicts of interest. Such information shall be information document in which providers give a detailed their services;

(d) information, if any, on the provider’s code of conduct, of a trade association or professional body which provides to a non-judicial means of dispute settlement. The provider how to access detailed information on the characteristics conditions for, the use of non-judicial means of dispute

(3) The provider shall ensure that the information supplied in paragraphs (1) and (2) is made available or communicated unambiguous manner, and in good time, before the conclusion of where there is no written contract, before the service is provided.