Cap. 464 Art. 42ANon-applicability of automatic recognition of formal qualifications and acquired rights.

(1) Whereas in the case of -

(a) doctors with basic training, specialised doctors, nurses responsible for general care, dental practitioners, specialised dental practitioners, midwives and pharmacists who do not satisfy the requirements of effective and lawful professional practice as laid down under the Second Schedule;

(b) doctors, nurses, dental practitioners, midwives and pharmacists who, without prejudice to what is provided under the Second Schedule, hold evidence of formal qualifications as a specialist and who must follow the training leading to the possession of a title listed under the Second Schedule, and solely for the purpose of the recognition of the relevant speciality;

(c) nurses responsible for general care and specilised nurses holding evidence of formal qualifications as a specialist which follows the training leading to the possession of a title listed in the Second Schedule, when the migrant seeks recognition in Malta;

(d) specialised nurses without training as general care nurse, when the migrant seeks recognition of such activities as are pursued in Malta by nurses responsible for general care, specialised nurses without training as general care nurse or specialised nurses holding evidence of formal qualifications as a specialist which follows the training leading to the possession of the titles listed in the Second Schedule;

(e) migrants in possession of evidence of formal qualifications issued by a third country and having three years professional experience in the profession concerned on the territory of that Member State which has recognised that evidence of formal qualification and certified by that member State, the provisions regarding automatic recognition of formal qualifications and acquired rights do not apply.

(2) The provisions of the preceding article shall not preclude the relevant Council 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 by the relevant Council;

(b) the regulated profession in the Malta 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.

(3) (a) If the host Member State makes use of the option provided for in sub-article (2), it must offer the applicant the choice between an adaptation period and an aptitude test.

(b) However, for 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, the relevant Council may stipulate either an adaptation period or an aptitude test.

(c) This applies also to the cases provided for in sub-article (1)(a), (b), (c) and (e) concerning doctors and dental practitioners, and sub-article (1)(d) when the migrant seeks recognition in Malta 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 in the Second Schedule leading to the possession of the titles listed therein.

(d) In the cases covered by sub-article (1)(a), the relevant Council may require an adaptation period or an aptitude test if the migrant envisages pursuing professional activities in a self-employed capacity or as a manager of an undertaking which require the knowledge and the application of the specific national rules in force, provided that knowledge and application of those rules are required by the competent authorities in Malta for access to such activities by Maltese nationals.

(e) Notwithstanding the right of the applicant to choose, as laid down in paragraph (a), the relevant Council may stipulate either an adaptation period or an aptitude test in the case of:

(i) a holder of a professional qualification referred to in sub-article (5)(a), who applies for recognition of his professional qualifications where the professional qualification required in Malta is classified under sub-article (5)(c); or

(ii) a holder of a professional qualification referred to in sub-article (5)(b), who applies for recognition of his professional qualifications where the professional qualification required in Malta is classified under sub-article (5)(d) or (e). In the case of a holder of a professional qualification referred to in sub-article (5)(a) who applies for recognition of his professional qualifications where the professional qualification required in Malta is classified under sub-article (5)(d), the relevant Council may impose both an adaptation period and an aptitude test. *

(3A) For the purpose of this article "substantially different matters" means matters of which knowledge, skills and competences are essential for pursuing the profession and with regard to which the training received by the migrant shows important differences in terms of content from the training required in Malta.

(4) (a) If the relevant Council 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 a Member State or in a third country, is of a nature to cover, in full or in part, the substantial difference referred to in the preceding sub-article.

(b) The decision by any relevant Council imposing an adaptation or an aptitude test period shall be duly justified and shall provide the applicant with information on the level of the professional qualification required in Malta and the level of professional qualification held by the applicant in accordance with sub-article (5), and the substantial differences referred to in sub-article (3) 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

*Originally this sub-article was erroneously numbered as sub-article (3). end by a relevant body.

(c) The relevant Council shall ensure that an applicant has the possibility of taking the aptitude test referred to in sub-article (2) not later than six months after the initial decision imposing an aptitude test on the applicant.

(5) The relevant Council shall in relation to the professions referred to in the preceding sub-regulations, for the purposes of registration, under the same conditions as apply to Maltese nationals, recognise as professional qualifications:

(a) an attestation of competence issued by a competent authority in the home Member State designated pursuant to legislative, regulatory or administrative provisions of that Member State, on the basis of:

(i) either a training course not forming part of a certificate or diploma within the meaning of paragraphs (b), (c), (d) or (e), or a specific examination without prior training, or full-time pursuit of the profession in a Member State for three consecutive years or for an equivalent duration on a part-time basis during the previous ten years,

(ii) or general primary or secondary education, attesting that the holder has acquired general knowledge;

(b) a certificate attesting to a successful completion of a secondary course -

(i) either general in character, supplemented by a course of study or professional training other than those referred to in paragraph (c) and, or by the probationary or professional practice required in addition to that course,

(ii) or technical or professional in character, supplemented where appropriate by a course of study or professional training as referred to in the preceding paragraph, and, or by the probationary or professional practice required in addition to that course;

(c) a diploma certifying successful completion of -

(i) either training at post-secondary level other than that referred to in paragraphs (d) and (e) of a duration of at least one year or of an equivalent duration on a part-time basis, one of the conditions of entry of which is, as a general rule, the successful completion of the secondary course required to obtain entry to university or higher education or the completion of equivalent school education of the second secondary level, as well as the professional training which may be required in addition to that post-secondary course; or

(ii) regulated education and training or, in the case of regulated professions, vocational training with a special structure, with competences going beyond what is provided for in paragraph (b), equivalent to the level of training provided for under sub-paragraph (i), if such training provides a comparable professional standard and prepares the trainee for a comparable level of responsibilities and functions provided that the diploma is accompanied by a certificate from the home Member State;

(d) a diploma certifying that the holder has successfully completed training at post-secondary level of at least three and not more than four years’ duration, or of an equivalent duration on a part-time basis, which may in addition be expressed with an equivalent number of ECTS credits, at a university or establishment of higher education or another establishment of equivalent level and, where appropriate, that he has successfully completed the professional training required in addition to the post-secondary course;

(e) a diploma certifying that the holder has successfully completed a post-secondary course of at least four years’ duration, or of an equivalent duration on a part-time basis, which may in addition be expressed with an equivalent number of ECTS credits, at a university or establishment of higher education or another establishment of equivalent level and, where appropriate, that he has successfully completed the professional training required in addition to the post-secondary course.

(6) (a) The relevant Council shall treat as evidence of formal training, including the level of training, any evidence of formal qualifications or set of evidence of formal qualifications issued by a competent authority in a Member State, certifying successful completion of training in the Union, on a full-time or part-time basis, within or outside formal programmes, which is recognised by that Member State as being of an equivalent level and which confers on the holder the same rights of access to or pursuit of a profession or prepares for the pursuit of that profession.

(b) Any professional qualification which, although not satisfying current requirements for access to or the pursuit of a profession, confers on the holder acquired rights by virtue of the provisions of this Act, shall also be treated as such evidence of formal qualifications under the same conditions as set out in the first sub-paragraph in particular if the level of training required for admission to a profession and for its exercise is raised, and if an individual who has undergone former training, which does not meet the requirements of the new qualification, benefits from acquired rights, and in such case this former training shall be considered as corresponding to the level of the new training.

(7) The relevant Council shall permit access to and pursuit of the profession to applicants possessing the attestation of competence or evidence of formal qualifications required, under the same conditions as apply to Maltese nationals.

(8) An attestation of competence or evidence of formal qualifications shall be issued by a competent authority in a Member State, designated in accordance with the legislative, regulatory or administrative provisions of that Member State.

(9) Access to and pursuit of the profession shall also be granted to applicants who have pursued the profession on a full-time basis for one year or for an equivalent duration on a part-time basis during the previous ten years in another Member State which does not regulate that profession, providing they possess one or more attestations of competence or evidence of formal qualifications which satisfy the following conditions:

(a) they shall have been issued by a competent authority in a Member State, designated in accordance with the legislative, regulatory or administrative provisions of that Member State;

(b) they shall attest that the holder has been prepared for the pursuit of the profession in question:

Provided that the one year professional experience may not, however, be required if the evidence of formal qualifications which the applicant possesses certifies regulated education and training.

(10) The relevant Council shall accept the level attested under sub-article (5) by the home Member State, as well as the certificate by which the home Member State certifies that regulated education and training or vocational training with a special structure as referred to in sub-article (5)(c)(ii) is equivalent to the level provided for in sub-article (5)(c)(i).

(11) Notwithstanding the provisions of sub-articles (8) and (9) and article 42B, the relevant Council may refuse access to, and pursuit of, the profession to holders of an attestation of competence classified under sub-article (5)(a), where the national professional qualification to exercise the profession in Malta is classified in sub-article (5)(e).