A 523
I assent.
(L.S.) GEORGE VELLA
President
29th May, 2020
ACT No. XXV of 2020
AN ACT to implement the provisions of Directive (EU) 2018/958 of
the European Parliament and of the Council of 28 June 2018 on a
proportionality test before adoption of  new regulation of professions. 
BE IT ENACTED by the President,  by and with the advice and
consent of the House of Represent atives, in this present Parlia ment
assembled, and by the authority of the same, as follows:-
Short title and 
commencement.1. (1) The short title of this Act is the Proportionality Test
Before Adoption of New Regulation of Professions Act, 2020.
(2) This Act implements the pr ovisions of Directive (EU) 2018/
958 of the European Parliament and of the Council of 28 June 20 18 on
a proportionality test before adopt ion of new regulation of pro fessions.
(3) This Act shall come into force on such date as the Minister
responsible for education may by notice in the Gazette appoint,  and
different dates may be so appointed for different provisions or
different purposes of this Act.
Interpretation. 2. (1) In this Act, unless the context otherwise requires: 
 "protected professional title" means a form of regulating a
profession where the use of the t itle in a professional activit y or group
of professional activities is sub ject, directly or indirectly, by virtue of
legislative, regulatory or administrative provisions to the pos session of
a specific professional qualification, and where the improper u se of
that title is subject to sanctions;
VERŻJONI ELETTRONIKA
A 524
Cap. 451."regulated profession" shall hav e the same meaning assigned to it in
article 2 of the Mutual Recognition of Qualifications Act;
"reserved activities" means a fo rm of regulating a profession w here
the access to a professional activity or group of professional activities
is reserved, directly or indi rectly, by virtue of legislative, regulatory or
administrative provisions to memb ers of a regulated profession
holding a specific professional qualification, including where the
activity is shared with other regulated professions.
Cap. 451.
S.L. 451. 03.(2) Where applicable and unless the context otherwise requires,
the definitions of the Mutual R ecognition of Qualifications Act  and the
Recognition of Professional Qualifications Regulat ions shall ap ply.
Ex ante  
assessment of 
new measures and monitoring.3. (1) No new legislative, regulatory or administrative
provisions restricting access to, or the pursuit of, a regulate d
profession may be introduced, an d no existing leg islative, regu latory
or administrative provisions res tricting access to, or the pursuit of, a
regulated profession may be ame nded, before the Ministry respon sible
for the said regulated professio n shall have undertaken an asse ssment
of proportionality in accordance with the rules laid down in this Act. 
(2) The extent of the assessment r eferred to in sub-article (1) shall
be proportionate to the nature, the content and the impact of t he
provision.
(3) Any provision referred to in sub-article (1) shall be
accompanied by an explanation which is sufficiently detailed to  make
it possible to appraise compliance with the principle of propor tionality.
(4) The reasons for considering that a provision referred to in
sub-article (1) is justified and proportionate shall be substan tiated by
qualitative and, wherever possible and relevant, quantitative elements. 
(5) The Ministry responsible for t he regulated profession referr ed
to in sub-article (1) shall ensu re that the assessment referred  to in sub-
article (1) is carried out in an objective and independent mann er. 
(6) The Ministry responsible for t he regulated profession referr ed
to in sub-article (1) shall monitor the compliance of new or am ended
legislative, regulatory or administrative provisions restrictin g access
to, or the pursuit of, the said regulated profession, after ado ption, with
the principle of proportionality, having due regard to any
developments that have occurred since the provisions concerned were
adopted. For such purposes, the said Ministry shall also prepar e a
report not later than every three (3) years from the date of en try into
force of the said provisions. Where appropriate, the said report shall
include relevant proposals for amendment. The said report shall  be
VERŻJONI ELETTRONIKA
A 525
submitted to Cabinet.
Non-
discrimination.4. When new legislative, regulator y or administrative provisions
restricting access to, or the pursuit of, a regulated professio n are to be
introduced, or existing legislative, regulat ory or administrati ve
provisions restricting access to, or the pursuit of, a regulate d
profession are to be amended, the Ministry responsible for the said
regulated profession shall ensure  that those provisions are neither
directly nor indirectly discrimin atory on the basis of national ity or
residence.
Justification on 
grounds of 
public interest objectives.5. (1) The Ministry responsible for a regulated profession
shall ensure that the legislativ e, regulatory or administrative provisions
restricting access to, or the pursuit of, the said regulated pr ofession,
that are intended to be introduc ed and that the amendments that  are
intended to be made to existing provisions are justified by pub lic
interest objectives.
(2) The Ministry responsible for the regulated profession shall
consider in particular whether the provisions referred to in su b-article
(1) are objectively justified on the basis of public policy, public
security or public health, or by overriding reasons in the publ ic
interest, such as preserving the financial equilibrium of the s ocial
security system; the protection of consumers, of recipients of services
and of workers; the safeguarding  of the proper administration o f
justice; ensuring the fairness o f trade transact ions; the combating of
fraud and the prevention of tax e vasion and avoidance, and the
safeguarding of the effectiveness of fiscal supervision; transp ort
safety; the protection of the environment and the urban environ ment;
the health of animals; intellect ual property; the safeguarding and
conservation of the national hist oric and artistic heritage; so cial policy
objectives; and cultural policy objectives.
(3) Grounds of a purely economic n ature or purely administrative
reasons shall not constitute overri ding reasons in the public i nterest,
justifying a restriction on acces s to, or the pursuit of, a reg ulated
profession.
Proportionality. 6. (1) The Ministry responsible for a regulated profession
shall ensure that the legislativ e, regulatory or administrative provisions
restricting access to, or the pursuit of, the said regulated pr ofession,
that are introduced, and that the amendments that are made to e xisting
provisions, are suitable for secu ring the attainment of the obj ective
pursued and do not go beyond wh at is necessary to attain that
objective.
(2) (a) To that end, before the p rovisions refer red to in sub-
article (1) are adopted, the Ministry responsible for the regul ated
VERŻJONI ELETTRONIKA
A 526
profession shall consider:
(i) the nature of the risks related to the public
interest objectives pursued, in particular the risks to service
recipients, including consumers,  to professionals or to third
parties; 
(ii) whether existing rules of a specific or more
general nature, such as those contained in product safety
law or consumer protection law, are insufficient for the
attainment of the  objective pursued; 
(iii) the suitability of the provision as regards its
appropriateness to attain the objective pursued and whetherit genuinely reflects that objective in a consistent and
systematic manner and thus addresses the risks identified
in a similar way as in comparable activities; 
(iv) the impact on the free movement of persons
and services within the European Union, on consumer
choice and on the quality of the service provided;
(v) the possibility of usi ng less restrictive means to
achieve the public interest objective; for the purposes ofthis point, where the provisions are justified by consumerprotection only and where the ri sks identified are limited to
the relationship between the professional and theconsumer, and therefore do not negatively affect thirdparties, the Ministry responsible for the said regulated
profession shall assess in particular whether the objective
can be attained by means that are less restrictive thanreserving activities; 
(vi) the effect of new or amended provisions, when
combined with other provisions  restricting access to, or the
pursuit of, the profession, and in particular how the new or
amended provisions, combined  with other requirements
contribute to and whether they are necessary for theachievement of the same public interest objective. 
 (b) The Ministry responsible for the said regulated
profession shall also consider the following elements, whenrelevant to the nature and the content of the provision being
introduced or amended:
(i) the connection between the scope of activities
covered by a profession or reserved to it and the
VERŻJONI ELETTRONIKA
A 527
professional qualification required; 
(ii) the connection between the complexity of the
tasks concerned and the need f or those carrying them out to
possess specific professional qualifications, in particular as
regards the level, the nature and the duration of the training
or experience required;
(iii) the possibility of obtaining the professional
qualification by alternative routes;
(iv) whether, and why, the activities reserved to
certain professions can or cannot be shared with otherprofessions; 
(v) the degree of autonomy in exercising a
regulated profession and the impact of organisational and
supervision arrangements on the attainment of theobjective pursued, in particular where the activities relating
to a regulated profession are pursued under the control and
responsibility of a duly qua lified professional; 
(vi) the scientific and t echnological developments
which may effectively reduce or increase the asymmetry ofinformation between profes sionals and consumers.
(3) For the purposes of sub-artic le (2)(a)(vi), the Ministry
responsible for the said regulated profession shall assess the effect of
the new or amended provision wh en combined with one or more
requirements, bearing in mind the fact that such effects might be
positive as well as negative, and in particular t he following:
Cap. 451.(a) reserved activities, protected professional title or any
other form of regulation relati ng to a regulated profession wit hin
the meaning of article 2 of the Mutual Recognition ofQualifications Act; 
(b) obligations to undergo continuous professional
development;
(c) rules relating to the organisation of the profession,
professional ethics and supervision;
(d) compulsory membership of a professional
organisation or body, registration or authorisation schemes, in
particular where those requirements imply the possession of a
specific professional qualification; 
VERŻJONI ELETTRONIKA
A 528
(e) quantitative restrictions, in particular requirements
limiting the number of authorisat ions to practise, or fixing a
minimum or a maximum number of employees, managers or
representatives holding specifi c professional  qualifications; 
(f) specific legal form re quirements or requirements
which relate to the shareholding or management of a company, to
the extent those requirements are directly linked to the exercise
of the regulated profession; 
(g) requirements restricting the exercise of a regulated
profession jointly or in partners hip, as well as incompatibilit y
rules; 
(h) requirements concerning insurance cover or other
means of personal or collect ive protection with regard to
professional liability; 
(i) language knowledge requirements, to the extent
necessary to practise the profession; 
(j) fixed minimum and/or max imum tariff requirements;
(k) requirements on advertising.
S.L. 451. 03.(4) Before the introduction of new, or the amendment of existing,
provisions, the Minist ry responsible for the relative regulated
profession shall, in addition, ensure the compliance with the principle
of the proportionality of specific requirements related to temp orary or
occasional provision of service s, provided under Part II of the
Recognition of Professional Qualif ications Regul ations, includi ng: 
S.L. 451. 03.(a) automatic temporary regi stration with or pro forma
membership of a professional organisation or body, referred to in
paragraph (a) of regulation 8 of the Recognition of Professiona l
Qualifications Regulations;
S.L. 451. 03.(b) a declaration to be made in advance pursuant to
regulation 9(1) of the Recognition of Professional Qualificatio ns
Regulations, documents required pursuant to regulation 9(2) of
the said regulations or any other equivalent requirement;
(c) the payment of a fee, or any charges, required for the
administrative procedures, related to the access to, or the pur suit
of, the regulated profession which the service provider incurs:
Provided that this sub-articl e shall not apply to measures
designed to ensure compliance wit h applicable employment terms and
VERŻJONI ELETTRONIKA
A 529
conditions that Malta applies in accordance with European Union  law.
(5) Where provisions referred to in this article concern the
regulation of healthcare professions and have patient safety
implications, th e Ministry responsible for the relative regulat ed
profession shall take account of  the objective of ensuring a hi gh level
of human health protection.
Information and 
involvement of 
stakeholders.7. (1) The Ministry responsible for a regulated profession
shall, by appropriate means, make  information available to citizens,
service recipients a nd other relevant sta keholders, including t hose who
are not members of the professi on concerned, before the introdu ction
of new, or the amendment of exist ing, legislative, regulatory o r
administrative provisions restric ting access to, or the pursuit  of, the
said regulated profession.
(2) The Ministry responsible for a regulated profession shall
appropriately involve all partie s concerned and shall give them  the
opportunity to make their views known before the introduction o f new,
or the amendment of existing, legi slative, regulatory or administrative
provisions restricting access to, or the pursuit of, the said r egulated
profession. Where relevant and appropriate, the said Ministry shall
carry out public consultations and shall allow the public a min imum of
three (3) weeks from the commen cement of the public consultation to
make representations.
Remedies. 8. Any person aggrieved by a breach of any provision of this Act
may seek redress by instituting proceedings in accordance with and
subject to the existing remed ies in the Laws of Malta.
Exchange of 
information between 
Member States.9. The Ministry responsible for a regulated profession or its
delegate shall take the necessary measures to exchange informat ion
with other Member States on matters covered by this Act, on the
particular way that Malta regulat es a profession, and on the ef fects of
such regulation. 
Transparency. 10. The reasons for considering that provisions, assessed in
accordance with this Act, are justified and proportionate, toge ther with
the provisions, shall be communicated to the European Commissio n by
the Ministry responsible for the  relative profession within six  (6)
months from the adoption of the provisions, and shall be recorded bythe Ministry responsible for the relative profession or its del egate in
the publicly available database of regulated professions set up  and
maintained by the European Commi ssion. Member States and other
interested parties shall be allo wed to submit co mments on the said
provisions and on the said reasons for considering that they ar e
justified and proportionate.
VERŻJONI ELETTRONIKA
A 530
Power to make 
regulations.11. The Minister responsible for e ducation may make regulations
to give better effect to the provisions of this Act, and withou t prejudice
to the generality of the foregoing may, by such regulations, pr ovide for
any matter consequential, incid ental to or connected with the
provisions of this Act.
Passed by the House of Representatives at Sitting No. 334 of th e
25th May, 2020.
ANĠLU FARRUGIA
Speaker
RAYMOND SCICLUNA
Clerk of the House of Representatives
VERŻJONI ELETTRONIKA
VERŻJONI ELETTRONIKA
_________________________________________________________________________________________________________________________
Ippubblikat mid-Dipartiment tal-Informazzjoni (doi.gov.mt) — Valletta — Published by the Department of Information (doi.gov.mt) — Valletta
Mitbugħ fl-Istamperija tal-Gvern fuq karta FSC — Printed at the Government Printing Press on FSC certified paper
Prezz/Price
€0.90
VERŻJONI ELETTRONIKA