S.L. 545.17 Art. 2Interpretation.

(1) Unless stated otherwise in these regulations, the definitions in the Regulator for Energy and Water Services Act shall apply.

(2) In these regulations, unless the context otherwise requires:

"the Act" means the Regulator for Energy and Water Services

Act;

"advanced biofuel" means biofuels that are produced from the feedstock listed in Part One of the Eighth Schedule; "approved" means the acceptance in writing by the Regulator; "assessment inspection" means an inspection carried out by a competent person or an independent consultant to check that an authorised facility is operated and maintained according to any authorisation conditions and guidelines as the Regulator may from time to time issue; "authorisation" means any authorisation granted under these regulations, and in relation to services and service providers means a permit, licence, warrant, appointment, concession or any decision concerning access to a service activity or the exercise thereof; "authorised facility" means a facility in respect of which an authorisation has been issued and includes all buildings, tanks, pipework, pumps, dispensers, electrical equipment, drainage, ancillary equipment and any other asset within that part of the facility relevant to the importation, wholesale, storage and bottling of petroleum; "authorised provider" means a provider issued with an authorisation by the Regulator under the Act and these regulations or a service provider who is authorised to operate under any law in force in a Member State of the European Union or a state which is a participant to the European Economic Area: Provided that whenever the Regulator is required to exercise its functions under these regulations in relation to offshore storage facilities, the Regulator shall act in collaboration with the authority responsible for maritime matters;

"biofuels" means liquid or gaseous fuel produced from biomass. The term "biofuels" shall include biodiesels, biodimethylethers, bioethanols, biogases, biohydrogens, biomethanols, bio-ETBEs, bio-MTBEs, pure vegetable oils and synthetic biofuels; "biomass" means the biodegradable fraction of products, waste and residues from agriculture (including vegetal and animal substances), forestry and related industries and also the biodegradable fraction of industrial and municipal waste; "bottling" means the putting of LPG into portable cylinders;

"boycott" means a concerted practice between persons consisting in unilateral or collective action to cut off supplies or purchases to or from a particular customer or retailer, or the application of conditions to that customer or retailer which make continued dealings impractical;

"cartridge" means a non-refillable container designed to be disposed of when empty and constructed to a recognised standard;

"CN codes" means the code numbers of the combined nomenclature established by Regulation 2658/87 on the tariff and statistical nomenclature and on the customs tariff; "competent person" means a person who is approved by the Regulator and who:

(a) practices the profession of an inġinier under the Inġiniera Act; and

(b) who is suitably trained, has sufficient knowledge, experience and capability as approved by the Regulator to:

(i) carry out assessment inspections of authorised facilities;

(ii) supervise material alterations to authorised facilities;

(iii) certify in writing that authorised facilities are being maintained and operated as prescribed in any authorisation conditions and, or guidelines and, or Codes of Practice duly approved by the Regulator;

(iv) certify in writing the design, construction, testing and commissioning of equipment and, or sites intended to be designated by the Regulator as authorised facilities;

(v) carry out other work of a technical nature that is complimentary or ancillary to the above;

"diesel fuels" means gas oils as defined in Regulation (EEC) 2658/ 87 and as may be amended from time to time and used for self propelling vehicles; "establishment" means the actual pursuit of an economic activity by a service provider for an indefinite period and through stable infrastructure from where the business of providing services is actually carried out;

"final consumer" means any natural or legal person purchasing petroleum for his own use and not resale or transfer purposes;

"food and feed crop" means starch-rich crops, sugar crops or oil crops produced on agricultural land as a main crop excluding residues, waste or lingo-cellulosic material and intermediate crops, such as catch crops and cover crops, provided that the use of such intermediate crops does not trigger demand for additional land;

"importer" means the authorised provider who is authorised by the Regulator to carry out the activity of an importer and, or wholesaler of petroleum who releases for consumption fuel to the inland market in terms of the Excise Duty Act; "independent consultant" means a natural or legal person with a proven international track record and expertise in Directive 2012/ 18/EU of the European Parliament and of the Council of 4th July 2012 on the control of major-accident hazards involving dangerous substances, amending and subsequently repealing Council Directive 96/82/EC, which international track record and expertise has been ascertained by the applicant for an authorisation; "inspector" means any employee or officer of the Regulator or any other person duly appointed and authorised in writing by the Regulator in accordance with the provisions of the Act to inspect and check compliance with these regulations and any authorisation condition; "ligno-cellulosic material" means material composed of lignin, cellulose and hemicellulose, such as biomass sourced from forests, woody energy crops and forest-based industries' residues and wastes;

"LPG" means liquefied petroleum gas; "material alterations" means any alteration which, within the limits of the applicability of the authorisation, may in the opinion of the Regulator reasonably affect the operation of an authorised facility and includes the addition, change, removal, repair, replacement or cessation of use of any equipment, whether electrical or mechanical; "Member State" means a member state of the European Union; "the Minister" means the Minister responsible for resources;

"motor spirit" means an oil used in spark ignition engines of which 90% or more by volume, including losses distils at 210°C;

"overriding reasons relating to public interest" means reasons recognised as such in case law of the European Courts of Justice and which reasons present a justification for the issue of an authorisation and, or the issue of a condition thereto and, or to any other policy decision taken in terms of such authorisation, when such authorisation, and, or condition and, or policy decision thereto could not have been issued or taken under normal circumstances but for such overriding reasons relating to public interest which include the following grounds:

(a) public policy, public security, public safety and public health; provided that, these grounds shall be interpreted within the meaning of Article 46 and Article 55 of the Treaty;

(b) the maintenance of order in society;

(c) social policy objectives;

(d) the protection of the recipients of services;

(e) consumer protection;

(f) the prevention of unfair competition;

(g) the prevention of fraud; and

(h) the protection of the environment; "person" includes an individual, an undertaking, a body or other association of persons, whether such body or association is a juridical person or not; "petrol" means any volatile mineral oil intended for the operation of internal combustion positive-ignition engines for the propulsion of vehicles as defined in Regulation (EEC) 2658/87 and as may be amended from time to time; "petroleum" has the same meaning as under the Act, but shall not include those products listed in the Fourth Schedule: Provided that "petroleum" may be differently defined in any authorisation issued by the Regulator as the case may be; "portable cylinders" or "cylinders" means transportable containers suitable for use with LPG and which conform to the Transportable Pressure Equipment Regulations; "premises" means land and the improvements on it, a building, store, shop, apartment, laboratory or other designated permanent structure in a specific location; "primary storage facility" means an authorised facility approved by the Regulator to store petroleum products, whether onshore or offshore, which falls within the scope of the Control of Major Accident Hazard Regulations and, or any storage facility used for wholesale purposes, or any other storage facility designated to this end by the Regulator; "recipient" means any natural person who is a national of a Member State, who benefits from rights conferred upon him by community acts or any legal person established in a Member State, who for professional or non-professional purposes, uses, or wishes to use a service against non-economic considerations; "the Regulator" means the Regulator for Energy and Water Services: Provided that whenever the Regulator is required to exercise its functions under these regulations in relation to offshore storage facilities, the Regulator shall act in collaboration with the authority responsible for maritime matters;

"release for consumption" shall have the same meaning as under the Excise Duty Act;

"service" means any self-employed activity performed for economic considerations;

"service provider" means any natural person who is a national of a Member State, or any legal person established in a Member State, who offers or provide a service; "SM EN 228 petrol" means fuel which is compliant with the requirements and test methods approved and endorsed by the Malta Competition and Consumer Affairs Authority in relation to the quality of unleaded petrol for automotive use;

"SM EN 590 diesel" means fuel which is compliant with the requirements and test methods approved and endorsed by the Malta Competition and Consumer Affairs Authority in relation to the quality of diesel for automotive use; "SM EN 14214" means the requirements and test methods specified by the European Committee for Standardisation in relation to the quality of fatty acid methyl esters (FAME) for diesel engines for automotive use; "SM EN 15376" means the requirements and test methods specified by the European Committee for Standardisation in relation to ethanol as a blending component for petrol for automotive use;

"SM EN 15940" means the requirements and test methods specified by the European Committee for Standardisation in relation to the quality of paraffinic diesel fuel from synthesis or hydrotreatment for automotive use; "starch-rich crops" means crops comprising mainly cereals, regardless of whether the grains alone or the whole plant, such as in the case of green maize, are used; tubers and root crops, such as potatoes, Jerusalem artichokes, sweet potatoes, cassava and yams; and corm crops, such as taro and cocoyam; "transfer" includes any trade or sale whether by retail or by wholesale, or donation; "the Treaty" means the Treaty establishing the European Community; "undertaking" shall have the same meaning as provided for in the Competition Act; "wholesaler" means any person who in terms of an authorisation issued by the Regulator acquires, possesses, blends or handles petroleum for the purposes of re-sale in bulk to retailers and excluding final consumers.