S.L. 451.3 Art. 16Compensation measures.

(1) Regulation 15 shall not preclude the designated authority from requiring the applicant to complete an adaptation period of up to three years or to take an aptitude test if:

(a) the training he has received covers substantially different matters than those covered by the evidence of formal qualifications required in Malta;

(b) the regulated profession comprises one or more regulated professional activities which do not exist in the corresponding profession in the applicant’s home Member State, and the training required in Malta covers substantially different matters from those covered by the applicant’s attestation of competence or evidence of formal qualifications.

(2) If the designated authority makes use of the option provided for in sub-regulation (1), it must offer the applicant the choice between an adaptation period and an aptitude test: provided that in the case where the designated authority finds it necessary not to offer the choice, it shall inform the other Member States and the

Commission in advance and provide sufficient justification.

(3) (a) The detailed rules governing the adaptation period and its assessment as well as the status of a migrant under supervision shall be laid out by the designated authority.

(b) The status enjoyed by the person undergoing the period of supervised practice shall be established by the designated authority in conformity with national and Community law.

(4) By way of derogation from the principle of the right of the applicant to choose, as laid down in sub-regulation (2), the designated authority may stipulate either an adaptation period or an aptitude test:

(a) in the case of professions whose pursuit requires precise knowledge of national law and in respect of which the provision of advice and, or assistance concerning national law is an essential and constant aspect of the professional activity;

(b) in the cases provided for in regulation 12(b) and (c), and for doctors and dental practitioners in paragraph

(d) of the same regulation;

(c) in the case of regulation 12(f) when the migrant seeks recognition where the relevant professional activities are pursued by nurses responsible for general care or specialised nurses holding evidence of formal qualifications as a specialist which follows the training leading to the possession of the titles referred to in the Health Care Professions Act, and in regulation 12(g);

(d) in the cases covered by regulation 12(a), if the migrant envisages pursuing professional activities in a self-

employed capacity or as a manager of an undertaking which requires the knowledge and the application of the specific national rules in force, provided that knowledge and application of those rules are required by the designated authorities for access to such activities by its own nationals.

(5) By way of derogation from the principle of the right of the applicant to choose, as laid down in sub-regulation (2), the designated authority may stipulate either an adaptation period or an aptitude test in the case of:

(a) a holder of a professional qualification referred to in regulation 13(a), who applies for recognition of his professional qualifications where the national professional qualification required is classified under regulation 13(c); or

(b) a holder of a professional qualification referred to in regulation 13(b), who applies for recognition of his professional qualifications where the national professional qualification required is classified under regulation 13(d) or (e). In the case of a holder of a professional qualification referred to in regulation 13(a) who applies for recognition of his professional qualifications where the national professional qualification required is classified under regulation 13(d), the designated authority may impose both an adaptation period and an aptitude test.

(6) Sub-regulation (1) shall be applied with due regard to the principle of proportionality. In particular, if the designated authority intends to require the applicant to complete an adaptation period or take an aptitude test, it must first ascertain whether the knowledge, skills and competences acquired by the applicant in the course of his professional experience or through lifelong learning, and formally validated to that end by a relevant body, in any Member State or in a third country, is of such nature as to cover, in full or in part, substantially different matters.

(7) The decision imposing an adaptation period or an aptitude test shall be duly justified. In particular, the applicant shall be provided with the following information:

(a) the level of the professional qualification required by the designated authority and the level of the professional qualification held by the applicant in accordance with the classification set out in regulation 13; and

(b) the substantially different matters and the reasons for which those differences cannot be compensated by knowledge, skills and competences acquired in the course of professional experience or through lifelong learning formally validated to that end by a relevant body.

(8) Designated authorities shall ensure that an applicant has the possibility of taking the aptitude test referred to in sub-regulation

(1) not later than six months after the initial decision imposing an aptitude test on the applicant.