S.L. 545.25 Art. 2Interpretation.

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

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

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

"approved" means the acceptance in writing by the Regulator; "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 under these regulations and includes marine fuel stations and all buildings, tanks, pipework, pumps, dispensers, electrical and electronic equipment, drainage, ancillary equipment, forecourt area and any other asset within that part of the facility relevant to the delivery, storage, dispensing and retail of marine fuels;

"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; "bunkering” shall have the same meaning as provided for in the Bunkering (Fuels) Tax Act, and shall include the importation, wholesale and retail sale of fuels offshore; "bunkering operations and activities" shall have the same meaning as "bunkering"; "commercial site" means a site that is not open to the general public from where marine fuel is dispensed; "competent person" means a person who is approved by the Regulator and who:

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

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

(i) carry out assessment inspections of a marine fuel station;

(ii) supervise the material alterations made at a marine fuel station;

(iii) certify in writing that a marine fuel station is designed, constructed, tested and maintained as prescribed in any authorisation conditions and direction given by the Regulator and according to guidelines and Codes of Practice duly approved by the Regulator; and

(c) can carry out other work of a technical nature that is complimentary or ancillary to the above; "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; "marine fuel" shall have the same meaning as under the Quality of

Fuels Regulations; "marine fuel station" means an authorised facility which operates through dispensers operated in the proximate vicinity of the shoreline at a retail site or at a commercial site and operating exclusively for ships which has been approved by the Regulator to store petroleum, and which may be subject to any such conditions as the Regulator may establish in the applicable authorisation; "Member State" means a member state of the European Union; "the Minister" means the Minister responsible for resources;

"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 reasons include any of the following grounds:

(a) public policy, public health and public safety, provided that these reasons shall be interpreted in accordance with Article 46 and Article 55 of the Treaty;

(b) consumer protection, and, or protection of recipients of service; and

(c) protection of the environment.

"person" means and includes an individual, an undertaking, a body or other association of persons, whether such body or association is a juridical person or not; "petroleum" shall have the same meaning as under the Petroleum

(Production) Act: Provided that "petroleum" may be interpreted differently in any authorisation issued by the Regulator as the case may be; "recipient" means any physical 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;

"retail" means the sale of marine fuels to final consumers; "retail site" means a site where the final customers can purchase marine fuel; "service" means any self-employed activity performed for economic considerations; "service provider" means any physical person who is a national of a Member State, or any legal person established in a Member State, who offers or provide a service;

"transfer" means and includes, any transfer of authorisation to carry out bunkering operations and activities which is effected between a person known as the transferor and another, known as the transferee, and which transfer of authorisation shall be issued and granted by the Regulator in terms of these regulations and other procedural requirements for authorisation which the Regulator may from time to time require: Provided that such transfer of authorisation shall only be effected upon the fulfillment of all requirements included in the application for the transfer of an authorisation and if the Regulator is satisfied that all legal requirements together with the necessary documentation have been submitted to the Regulator by both parties and, or by third parties, if the case may be, in terms of these regulations and other procedural requirements; "transferee" means and includes any person in favour of whom a transfer of authorisation to carry out bunkering operations and activities has been issued by the Regulator in terms of these regulations;

"transferor" means and includes any person whose authorisation for the carrying out of bunkering operations and activities is transferred in favour of the transferee, upon the granting and issuing of an authorisation by the Regulator for such transfer to be carried out; "the Treaty" means the treaty establishing the European Community; "undertaking" shall have the same meaning as provided for in the Competition Act.