S.L. 451.3 чл. 7Scope.

(1) Without prejudice to specific provisions of national legislation and Community law, as well as to regulations 8 and 9, no designated authority or other authority shall restrict, for any reason relating to professional qualifications, the free provision of services from another Member State:

(a) if the service provider is legally established in a Member State for the purpose of pursuing the same profession in that Member State;

(b) where the service provider moves, if he 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 profession or the education and training leading to the profession is regulated.

(2) The provisions of these regulations shall only apply where the service provider moves to the territory of Malta to pursue, on a temporary and occasional basis, the profession referred to in sub-regulation (1). The temporary and occasional nature of the provision of services shall be assessed case by case in relation to its duration, its frequency, its regularity and its continuity.

(3) A service provider from another Member State shall be subject to professional rules of a professional, statutory or administrative nature which are directly linked to professional qualifications such as the definition of the profession, the use of titles and serious professional malpractice which is directly and specifically linked to consumer protection and safety, as well as disciplinary provisions which are applicable in national legislation to professionals who pursue the same profession in Malta.