S.L. 409.16 ст. 12Provision of services by marketing companies and OPC representatives establishedinother Member States on a temporary and occasional basis. Cap. 500. Cap. 500.

(1) The Authority shall respect the right of a marketing company and of OPC representatives employed or otherwise engaged by the company who are lawfully established and providing services in another Member State to provide services in Malta on a temporary and occasional basis in accordance with the

Services (Internal Market) Act:

Provided that, due to the complexity and inherent economic risks associated with these activities that may be detrimental to consumers of timeshare and timeshare-like products, and in order to effectively implement Community and national law in this area, such marketing company, before commencing to provide such temporary and occasional services in Malta, shall submit to the Authority, in a form established for the purpose, the following documents and information:

(a) the name, place of residence, contact details, legal status and Member State of establishment of the marketing company;

(b) the itemised inventory of the timeshare units or timeshare-like products to be marketed by the applicant in Malta; including the main features of the immovable property or ancillary services;

(c) declaration by a trustee confirming the itemised inventory referred to in paragraph (b);

(d) identity, contact details, legal status, place of residence or place of incorporation as applicable, and registration number of the trustee making the declaration referred to in paragraph (c);

(e) without prejudice to the provisions of any other laws and regulations concerning employment, the identity of the OPC representatives employed or otherwise engaged by the marketing company to promote and market the inventory of timeshare and timeshare-like products in Malta mentioned under paragraph (b) and reference or proof of their lawful establishment in another Member State.

(2) Where the information requirements mentioned in sub-regulation (1) have already been fulfilled in the Member State of establishment, the marketing company or any OPC representative shall indicate this in the form also mentioned in sub-regulation (1) and the Authority shall reserve the right to verify such information in accordance with the Services (Internal Market) Act.

(3) Without prejudice to any other applicable law in force at the time, when providing services in Malta, the marketing company and the OPC representatives it employs or otherwise engages shall respect the requirements of regulation 7(4), (5) and (6):

Provided that such OPC representatives shall, in complying with regulation 7(4), wear a valid identity document issued to them by the relevant competent authority in the Member State of their establishment.