S.L. 451.3 ст. 5AInformation to be given to competent authorities of all other Member States.

(1) The National Commission for Further and Higher Education shall inform the competent authorities of all other

Member States about a professional whose pursuit in the territory of Malta of the following professional activities in their entirety or parts thereof has been restricted or prohibited, even temporarily, by national authorities or courts:

(a) doctor of medicine and of general practice possessing evidence of a formal qualification referred to in points 5.1.1 and 5.1.4 of Annex V of Directive 2005/36/EC;

(b) specialist doctor of medicine possessing a title referred to in point 5.1.3 of Annex V of Directive 2005/36/EC;

(c) nurse responsible for general care possessing evidence of a formal qualification referred to in point 5.2.2 of Annex V of Directive 2005/36/EC;

(d) dental practitioner possessing evidence of a formal qualification referred to in point 5.3.2 of Annex V of Directive 2005/36/EC;

(e) specialist dentists possessing evidence of a formal qualification referred to in point 5.3.3 of Annex V of Directive 2005/36/EC;

(f) veterinary surgeon possessing evidence of a formal qualification referred to in point 5.4.2 of Annex V of Directive 2005/36/EC;

(g) midwife possessing evidence of a formal qualification referred to in point 5.5.2 of Annex V of Directive 2005/36/EC;

(h) pharmacist possessing evidence of a formal qualification listed in point 5.6.2 of Annex V of Directive 2005/36/EC;

(i) holders of certificates mentioned in point 2 of Annex VII of Directive 2005/36/EC attesting that the holder completed a training which satisfies the minimum requirements listed in Articles 24, 25, 31, 34, 35, 38, 40, or 44 respectively of Directive 2005/36/EC, but which started earlier than the reference dates of the qualifications listed in points 5.1.3, 5.1.4, 5.2.2, 5.3.2, 5.3.3, 5.4.2, 5.5.2, 5.6.2 of Annex V of Directive 2005/ 36/EC;

(j) holders of certificates of acquired rights as referred to in Articles 23, 27, 29, 33, 33a, 37, 43 and 43a of Directive 2005/36/EC;

(k) other professionals exercising activities that have patient safety implications, where the professional is pursuing a profession regulated Malta;

(l) professionals exercising activities relating to the education of minors, including in childcare and early childhood education, where the professional is pursuing a profession regulated in Malta.

(2) The National Commission for Further and Higher Education shall send the information referred to in sub-regulation

(1) by way of alert via IMI at the latest within three days from the date of adoption of the decision restricting or prohibiting pursuit of the professional activity in its entirety or in part by the professional concerned. That information shall be limited to the following:

(a) the identity of the professional;

(b) the profession concerned;

(c) information about the authority or court adopting the decision on restriction or prohibition;

(d) the scope of the restriction or the prohibition; and

(e) the period during which the restriction or the prohibition applies.

(3) The National Commission for Further and Higher Education shall, at the latest within three days from the date of adoption of the court decision, inform the competent authorities of all other Member States, by way of alert via IMI, about the identity of professionals who have applied for the recognition of a qualification and who have subsequently been found by courts to have used falsified evidence of professional qualifications in this context.

(4) The processing of personal data for the purpose of the exchange of information referred to in sub-regulations (1) and (3) shall be carried out in accordance with Directives 95/46/EC and 2002/58/EC.

(5) The National Commission for Further and Higher Education shall inform the competent authorities of all Member States without delay when a prohibition or a restriction referred to in sub-regulation (1) has expired. For that purpose, the National Commission for Further and Higher Education, when providing the information in accordance with sub-regulation (1), shall also be required to provide the date of expiry as well as any subsequent change to that date.

(6) Designated authorities shall forthwith provide the National Commission for Further and Higher Education with all information required in terms of this regulation for the purposes of permitting the National Commission for Further and Higher Education to meet its obligations in terms of this regulation.

(7) The National Commission for Further and Higher Education shall ensure that professionals, in respect of whom alerts are sent to other Member States, are informed in writing of decisions on alerts at the same time as the alert itself. Professionals may appeal, in terms of article 7 of the Act, against the decision to issue an alert or apply for rectification of such decisions, and in such cases the decision on the alert shall be qualified to indicate that it is subject to proceedings by the professional.

(8) Data regarding alerts may be processed within IMI for as long as they are valid. Alerts shall be deleted within three days from the date of adoption of the revoking decision or from the expiry of the prohibition or the restriction referred to in sub-regulation (1).

(9) Notwithstanding anything provided in this regulation, the Minister may by notice in the Gazette appoint any entity other than the National Commission for Further and Higher Education to perform the duties and obligations set forth in this regulation, either in addition to or in substitution of the National Commission for Further and Higher Education.