S.L. 545.18 Art. 2Definitions.

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

"ASTM method" means the methods laid down by the American

Society for Testing and Materials in the 1976 edition of standard definitions and specifications for petroleum and lubricating products;

"biofuels" means liquid fuel for transport produced from biomass; "boil-off gas" means LNG vapors which are produced during various stages of LNG production and transport as a result of heat input and pressure variations, and which is either re-liquefied and returned to storage, so that it is then diverted to the boilers by pumping from storage into the vessel tanks to be used as a fuel for marine vessels, or compressed and exported as natural gas, which is cooled down to atmospheric pressure, at which point the gas condenses to a liquid, in order to facilitate transport; "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;

"combustion plant", "new plant" and "existing plant" shall have the same meaning as defined in the Limitations of Emissions of

Certain Pollutants into the Air from Large Combustion Plants Regulations; "the Commission" means the European Commission established by article 7 of the Treaty establishing the European Community signed on March 25th, 1957;

"the Community" means the European Community established by the Treaty establishing the European Economic Community signed on March 25th, 1957; "the competent authority" means the Regulator for Energy and Water Services established by the Regulator for Energy and Water Services Act; "contiguous zone" means the zone referred to in article 4 of the Territorial Waters and Contiguous Zones Act; "diesel fuels" means gas oils falling within CN code 2710 19 41 as defined in Regulation (EEC) 2658/87 and used for self-propelling vehicles;

"Directive 93/12/EEC" means Council Directive 93/12/EEC of 23 March 1993 relating to the sulphur content of certain liquid fuels; "Directive 98/70/EC" means Directive 98/70/EC of the European

Parliament and of the Council of 13 October 1998 relating to the quality of petrol and diesel fuels and amending Council Directive 93/12/EEC, as amended by Directive 2003/17/ EC; "Directive 1999/32/EC" means Council Directive 1999/32/EC of

26 April 1999 relating to a reduction in the sulphur content of certain liquid fuels and amending Directive 93/12/EEC; "Directive 2001/80/EC" means Directive 2001/80/EC of the

European Parliament and of the Council of 23 October 2001 on the limitation of emissions of certain pollutants into the air from large combustion plants; "Directive 2003/17/EC" means Directive 2003/17/EC of the

European Parliament and of the Council of 3 March 2003 amending Directive 98/70/EC relating to the quality of petrol and diesel fuels;

"Directive 2005/33/EC" means to Directive 2005/33/EC of the European Parliament and of the Council of 6 July 2005 amending Directive 1999/32/EC as regards the sulphur content of marine fuels; "emission abatement method" means any fitting, material, appliance or apparatus to be fitted in a ship or other procedure, alternative fuel, or compliance method, used as an alternative to low sulphur marine fuel meeting the requirements set out in these regulations, that is verifiable, quantifiable and enforceable; "end user" means the person to whom fuel is sold or marketed by retail; "EN 228:2012+A1:2017" means the requirements and test methods specified by the European Committee for Standardization in relation to the quality of unleaded petrol fuel for automotive use;

"EN 590:2013+A1:2017" means the requirements and test methods specified by the European Committee for Standardization in relation to the quality of diesel fuel for automotive use; "EN Method 24260 (1987)" means the method specified by the European Committee for Standardization in relation to the determination of sulphur content in Petroleum products using the Wickbold combustion method;

"gas oil" means:

(a) any petroleum-derived liquid fuel, excluding marine fuel, falling within CN code 2710 19 25, 2710 19 29, 2710 19 47, 2710 19 48, 2710 20 17 or 2710 20 19, or

(b) any petroleum-derived liquid fuel, excluding marine fuel, of which less than 65% by volume (including losses) distils at 250°C and of which at least 85% by volume (including losses) distils at 350 °C by the ASTM D86 method:

Provided that it shall not include:

(i) diesel fuels; or

(ii) fuels used in non-road mobile machinery and agricultural and forestry tractor;

"gas oils intended for use by non-road mobile machinery, agricultural and forestry tractors, and recreational craft" means any petroleum-derived liquid, falling under CN codes 2710 19 41 and 2710 19 45 intended for use in compression ignition engines referred to in Directives 94/25/EC, 97/68/EC and 2000/25/EC;

"heavy fuel oil" means:

(a) any petroleum-derived liquid fuel, excluding marine fuel, falling within CN code 2710 19 51 to 2710 19 68, 2710 20 31, 2710 20 35, 2710 20 39, or

(b) any petroleum-derived liquid fuel, other than gas oil, which, by reason of its distillation limits, falls within the category of heavy oils intended for use as fuel and of which less than 65% by volume (including losses) distils at 250°C by the ASTM D86 method. If the distillation cannot be determined by the ASTM D86 method, the petroleum product is likewise categorised as a heavy fuel oil; "International Maritime Organisation" means the organisation established by the Convention on the Inter-Governmental Consultative Or ganisation, adopted by the United Nations Maritime Conference in Geneva on 6 March 1948, as amended;

"ISO 4259 (1992)" means the method specified by the International Organization for Standardisation in relation to the determination and application of precision data in relation to methods of tests of petroleum products; "ISO 8754 (1992)" means the method specified by the International Organization for Standardisation in relation to the determination of sulphur content in Petroleum products using the Energy-dispersive X-ray fluorescence method; "ISO 14596 (1998)" means the method specified by the International Organization for Standardisation in relation to the determination of sulphur content in Petroleum products using the Wavelength-dispersive X-ray fluorescence spectrometry method;

"LNG" means liquefied natural gas which has been converted to liquid form for ease of storage or transport, and which for the purpose of these regulations, is produced and used as a marine fuel for cargo vessels; "Liquefied Natural Gas (LNG) carrier" means a cargo ship constructed or adapted and used for the carriage in bulk of liquefied natural gas as defined under the International Code for the Construction and Equipment of Ships Carrying Liquefied Gases in Bulk (IGC) Code;

"Authority for Transport in Malta" means the Authority for Transport in Malta established by article 3 of the Authority for

Transport in Malta Act; "the Environment and Resources" means the Environment and Resources Authority established by the Environment Protection Act; "marine diesel oil" means any marine fuel as defined for DMB grade in Table I of ISO 8217 with the exception of the reference to the sulphur content; "marine fuel" means any petroleum-derived liquid fuel intended for use or in use on board a vessel, including those fuels defined in ISO 8217. It includes any petroleum-derived liquid fuel in use on board recreational craft, as defined in the Recreational Craft

Regulations when such vessels are at sea; "marine gas oil" means any marine fuel as defined for DMX, DMA and DMZ grades in Table I of ISO 8217 with the exception of the reference to the sulphur content; "MARPOL" means the International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 relating thereto;

"MARPOL Annex VI" means the annex, entitled "Regulations for the Prevention of Air Pollution from Ships”, that the Protocol of 1997 adds to MARPOL; "master" shall have the same meaning as is assigned to it under the Merchant Shipping Act; "Member State" means a state which is a member of the European Union; "non-road mobile machinery" shall have the same meaning as defined in the Measures against the Emission of Gaseous and Particulate Pollutants from Internal Combustion Engines (Non-road Mobile Machinery) Regulations;

"passenger" means every person other than:

(a) the master and the members of the crew or other person employed or engaged in any capacity on board a ship on the business of that ship; and

(b) a child under one year of age;

"passenger ship" means any ship which carries more than twelve passengers;

"petrol" means any volatile mineral oil intended for the operation of internal combustion positive-ignition engines for the propulsion of vehicles and falling within CN codes 2710 1 41, 2710 1 45, 2710 11 49, 2710 11 51 and 2710 11 59 as defined in Regulation (EEC) 2658/87;

"placing on the market" means supplying or making available to third persons, against payment or free of charge, anywhere within Malta’s jurisdiction, marine fuels for on-board combustion excluding supply or making available marine fuels for export in ships’ cargo tanks; "port" shall have the same meaning assigned to it by article 2 of the Ports and Shipping Act; "regular services" means a series of passenger ship crossings operated so as to serve traffic between the same two or more ports, or a series of voyages from and to the same port without intermediate calls, either:

(a) according to a published timetable; or

(b) with crossings so regular or frequent that they constitute a recognisable schedule; "Regulation (EC) No 2099/2002" means Regulation (EC) No

2099/2002 of the European Parliament and of the Council of 5 November 2002 establishing a Committee on Safe Seas and the Prevention of Pollution from Ships (COSS) and amending the Regulations on maritime safety and the prevention of pollution from ships; "Regulation (EEC) 2658/87" means Council Regulation (EEC)

2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff, as amended, and shall also include the Annexes to the said Regulation; "ships at berth" means ships which are securely moored or anchored in a Maltese port while they are loading, unloading or hotelling, including the time spent when not engaged in cargo operations;

"SO Emission Control Areas" shall mean sea areas defined as x such by the IMO under MARPOL Annex VI;

"supplier" means an entity supplying fuel to the market that is responsible for passing fuel through an excise duty point or where no excise is due or where duly justified, any other relevant entity so designated; "vehicle" shall have the same meaning assigned to it by regulation 3.1.4. of the Motor Vehicles (EC Type Approval) Regulations;

"warship" means a ship belonging to the armed forces of a State bearing the external marks distinguishing such ships of its nationality, under the command of an officer duly commissioned by the government of the State and whose name appears in the appropriate service list or its equivalent, and manned by a crew which is under regular armed forces discipline.