L.S. 500.01 Regolamenti dwar Nomina ta’ Diversi Entitajiet

(1)For the purpose of these regulations: "the Act" means the Services (Internal Market) Act; Citation. Definitions. Cap. 500. "the body responsible for consumer protection" means the Director of Consumer Affairs designated as such in terms of article 3

(1)of the Consumer Affairs Act; Cap.

1. "the Commerce Department" means the regulatory authority in terms of article 3 of the Trading Licenses Act; Cap.
2. "the European Commission" means the Commission of the European Community; "the European Consumer Centre" means the entity designated w i t h t h e r o l e o f M a l t a ’s r e p r e s e n t a t i v e i n t h e E u r o p e a n Commission’s European Consumer Centres Network established pursuant to Decision 1926/2006/EC of the European Parliament and of the Council establishing a programme of Community action in the field of consumer policy (2007-2013); "IMI actors and users" means IMI actors and users within the meaning of Commission Decision 2008/49/EC concerning the implementation of the Internal Market Information System (IMI) as regards the protection of personal data; "the Malta Enterprise" means the corporation set up under the Malta Enterprise Act; Cap.
3. "the Malta Standards Authority" means the authority as set up under the Malta Standards Authority Act. Cap. 419.

(2)Words, terms and expressions used in these regulations and which are also used in the Act, shall have, unless the context otherwise requires, the same meaning as in the Act. 3.

(1)For the purposes of article 10

(1)of the Act, and further to the entity designated for the purpose by sub-article

(3)of the same article, the entities responsible to provide, upon request, assistance and information in accordance with article 7(

1. a)and (
2. b)of the Act shall be the European Consumer Centre in Malta and the Malta Enterprise, hereinafter referred to as "the designated entities".

(2)In the fulfillment of its obligation to provide information and assistance to providers and recipients under articles 4 and 7(

1. a)Entities responsible to assist recipients and providers 1 2 [ S.L.500.01 DESIGNATION OF VARIOUS ENTITIES and (
2. b)of the Act, a competent authority shall effectively cooperate with and furnish without delay all the required information to the designated entities, in terms of sub-regulation

(1).

(3)The competent authority shall remain responsible for the correctness of the information provided under sub-regulation

(2).

(4)Upon receipt of a request for assistance and, or information from other entities listed as ‘Article 21 Contacts’ in the network established by the European Commission pursuant to Article 21, paragraph

(2)of Directive 2006/123/EC of the European Parliament and of the Council on services in the internal market, or directly from a provider or a recipient , the designated entities in terms of sub-regulation

(1), shall cooperate with each other and with the competent authorities to provide in an efficient, effective and timely manner the assistance and, or information requested in accordance with article 7 of the Act. Entity responsible for communicating non-discriminatory requirements 4.

(1)The Malta Standards Authority shall be the body through which a competent authority shall notify the introduction of any laws, regulations and, or administrative provisions of the type listed under article 5

(4)of the Act to the European Commission as referred to in the second proviso to the said article 5

(4).

(2)The transmission of a notification of any such new laws, regulations and, or administrative provisions to the European Commission by the Malta Standards Authority shall be made at such time as may be determined by the competent authority, and in the format and according to the procedure established for the purpose by the European Commission.

(3)The Malta Standards Authority shall communicate any comments and, or decision adopted by the European Commission received by it concerning a notification to the relevant competent authority without delay.

(4)The Malta Standards Authority may, with the approval of the Minister responsible for it, establish its own procedure to be followed by the competent authorities when making such notifications. Entity responsible for the internal market information system 5.

(1)In the course of meeting its obligations of administrative cooperation with the relevant competent authorities in other Member States as set out in articles 6

(3)and 8

(3),

(4)and

(6)of the Act, and pursuant to Commission Decision 2009/739/EC of the 2 October 2009 setting out the practical arrangements for the exchange of information by electronic means between Member States under Chapter VI of Directive 2006/123/EC of the European Parliament and of the Council on services in the internal market, a competent authority shall exchange requests and information with the relevant competent authority of another Member State through the Internal Market Information System hereinafter referred to as "IMI".

(2)In terms of Commission Decision 2008/49/EC concerning the implementation of the Internal Market Information System (IMI) as regards the protection of personal data, the national IMI DESIGNATION OF VARIOUS ENTITIES [ S.L.500.01 3 actors shall be: (

1. a)the competent authorities that shall each be considered as a "competent authority" within the meaning of article 7 of the Act; (
2. b)the Commerce Department that shall be appointed as the National IMI Coordinator (NIMIC) within the meaning of article 8 of the Act; (
3. c)the ministries under whose remit the competent authorities referred to under paragraph (
4. a)fall that shall be appointed as Delegated IMI Coordinators (DIMICs) within the meaning of article 8 of the Act.

(3)Natural persons working under the direct control of national IMI actors only, herein referred to as IMI users, may use the IMI.

(4)Pursuant to Article 1

(2)of Commission Decision 2009/ 739/EC, the national IMI coordinator shall also be designated as the liaison point as provided in Article 28

(2)of Directive 2006/ 123/EC.

(5)The use of the IMI by national IMI actors and users shall be in conformity with Commission Decisions 2008/49/EC and 2009/ 739/EC: Provided that the national IMI coordinator may, after consulting with other national IMI actors, and with the approval of the Minister, establish a national code of operation and practice to better implement the functions, roles, rights and obligations emanating from the above-mentioned Commission Decisions and the general functioning and co-ordination of IMI use in Malta. 6.

(1)The Malta Enterprise shall be the designated entity responsible for the administrative and operational set-up of the Point of Single Contact, including its co-ordination with the competent authorities and other bodies established under other laws in fulfilment of the functions assigned to it by the Act.

(2)The following information shall be made available online and through the point of single contact: (

1. a)a list of all regulated professions in Malta including contact details of the designated authorities for each regulated profession and assistance centres; (
2. b)a list of the professions for which a European Professional Card in terms of Directive 2005/36/EC is available, the functioning of that Card, including all related fees to be paid by professionals, and the designated authorities responsible for issuing that Card; (
3. c)a list of all professions for which Malta applies Article 7

(4)of Directive 2005/36/EC under national laws, regulations and administrative provisions; (

1. d)a list of regulated education and training, and training with a special structure, referred to in point (c)(
2. ii)of Article 11 of Directive 2005/36/EC; Entity responsible for the point of single contact. Amended by: L.N. 270 of 2016. 4 [ S.L.500.01 DESIGNATION OF VARIOUS ENTITIES (
3. e)the requirements and procedures referred to in Articles 7, 50, 51 and 53 of Directive 2005/36/EC for the professions regulated in Malta, including all related fees to be paid by citizens and documents to be submitted by citizens to designated authorities; (
4. f)details on how to appeal, under national laws, regulations and administrative provisions, decisions of designated authorities adopted under Directive 2005/ 36/EC.

(3)The information referred to in sub-regulation

(2)shall be updated regularly, shall be accessible remotely and by electronic means by users, and shall be clear and comprehensive. Any requests for information addressed to the point of single contact shall be replied to as soon as possible. Entity responsible for protecting recipients from discrimination 7. The body responsible for consumer protection shall be responsible to ensure that the rights of recipients and potential recipients of a service shall not be subjected to discriminatory requirements mentioned under article 9(a) of the Act.