TEMPORARY CROSS-BORDER SERVICES

Establishment of a business vs. Free (temporary) provision of services?

Establishment means the actual pursuit of an economic activity by a service provider, as referred to in Article 49 of the FEU Treaty, for an indefinite period and through a stable infrastructure from where the business of providing services is actually carried out.

Free provision of services is the exercise of a service activity in a Member State on a temporary basis. It is characterized by the absence of a stable and continuous participation in the economic life of the host Member State by a service provider which is established in another Member State.

The line between these two concepts must be drawn in view of all factual and legal circumstances. The temporary nature of the activity in question has to be determined not only in light of the duration of the provision of the service, but also in light of its regularity, periodicity or continuity. The fact that the provision of services is temporary does not mean that the provider of services within the meaning of the Treaty may not equip himself with some form of infrastructure in the host Member State (including an office, chambers or consulting rooms) in so far as such infrastructure is necessary for the purpose of performing the services in question.

What services can be applied for?

- Application to register a commercial activity under the Trading Licences Act (Cap 441 of 2002) and subsidiary legislation.

- Gaining admission to the legal profession in Malta and to practise it under the professional title corresponding to the profession in Malta. Warrant to practise as advocate or legal procurator.

- Registration to practise the legal profession in Malta under the home-country professional title. Warrant to practise as advocate or legal procurator.

- The issue of a warrant/ special licence to practice the profession of engineer in Malta. The warrant is recognised for providing the services of an engineer in Malta.

- The registration as a partnership of warrant holders in terms of article 9 of the Periti act, 1996. Licence (Warrant) to provide the services of a Perit in Malta.

- Licence for carrying on an employment agency.

- Licence (Warrant) to provide the services of a Perit in Malta.

- Certified Public Accountant Warrant.

- Practising Certificate in Auditing.

- Warrant to practice as advocate or legal procurator.

- Permanent registration/ warrant for a Veterinary Surgeon.

Obtaining an E-ID for foreigners

Foreign nationals needing access to e-forms can register for an E-ID with a valid Maltese ID card (ending in A)