S.L. 545.24 Art. 10Temporary provision of services.

(1) Without prejudice to the Mutual Recognition of Qualifications Act, and to the Recognition of Professional

Qualifications Regulations, any person established in another

Member State may practice the activity of carrying out electrical installation works for the purposes of these regulations in Malta on a temporary and occasional basis provided that such person:

(a) is legally established in another Member State, for the purpose of practising the activity of carrying out electrical installation works in that Member State; and

(b) has practiced the activity of carrying out electrical installation works for at least one year during the ten years immediately preceding the provision of services where such activity is not regulated in that Member State.

(2) Persons referred to in sub-regulation (1) shall inform the Regulator by means of a written declaration to be made in advance which shall include the following:

(a) proof of the nationality of the applicant;

(b) an attestation certifying that the applicant is legally established in a Member State for the purpose of pursuing the activities concerned and that such applicant is not prohibited from practicing the activity of carrying out electrical installation works even temporarily, at the moment of delivering the attestations;

(c) evidence of professional qualifications recognised by the Malta Qualifications Recognition Information Centre; and

(d) where applicable, any means of proof that the applicant has pursued the activity of carrying out electrical installation works for at least one year during the previous ten years immediately preceding the provision of services.

(3) Where the Regulator deems that there is a substantial difference between the professional qualifications of the applicant and any of the qualifications and experience required under these regulations, to the extent that the difference is such as to be harmful to public health or safety, and that it cannot be compensated by the service provider’s professional experience or knowledge, skills and competences acquired through lifelong learning formally validated to that end by a relevant body, the Regulator shall give the applicant the opportunity to show, in particular by means of an aptitude test, that he has acquired the knowledge, competence or experience which he lacks.

(4) The Regulator shall assess the temporary and occasional nature of the provision of the service of carrying out electrical installation works on a case by case basis.

(5) No later than one month after receipt of the declaration and accompanying documents, referred to in sub-regulation (2), the Regulator shall inform the applicant of its decision:

(a) not to check his professional qualifications; or

(b) having checked his professional qualifications, to either require the applicant to take an aptitude test or to allow the provision of services.

(6) Where there is a difficulty which would result in delay in taking a decision under the paragraph (b) of sub-regulation (5), the Regulator shall notify the applicant of the reason for the delay within the same deadline. The difficulty shall be solved within one month of that notification and the decision finalised within two months of resolution of the difficulty.

(7) In the event that the Regulator does not give its decision within the period referred to in sub-regulation (6), the service of carrying out electrical installation works falling under this regulation may be provided.

(8) A person exercising the services under this regulation shall be deemed to be an authorised provider and the provisions of these regulations shall apply to him in the same manner and to the same extent as with any other authorised provider.