S.L. 217.20 ст. 3Applicability of these regulations. S.L 452.82 S.L. 460.17

(1) These regulations shall apply to third-country nationals who reside outside the territory of Malta and who apply to be admitted, or who have been admitted in Malta under these regulations for the purpose of employment as seasonal workers.

(2) These regulations shall not apply to third-country nationals who:

(a) at the time of application reside in Malta with the exception of cases referred to in regulation 14;

(b) are carrying out activities on behalf of undertakings established in Malta or in another Member State in the framework of the provision of services within the meaning of Article 56 TFEU, including third-country nationals posted by undertakings established in the provision of services in accordance with the Posting of

Workers in Malta Regulations; AS SEASONAL WORKERS [

(c) are family members of Union citizens who have exercised their right to free movement within the Union, in conformity with Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States amending Regulation

(EEC) No 1612/68 and repealing Directives 64/221/ EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/ EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/ 96/EEC and the Free Movement of European Union

Nationals and their Family Members Order;

(d) together with their family members, and irrespective of their nationality, enjoy rights of free movement equivalent to those of Union citizens under agreements either between the Union and the Member States or between the Union and third countries.