S.L. 549.111 Art. 3Definitions. S.L. 549.27

For the purpose of these regulations, the definitions laid down in the Convention on Biological Diversity (Incorporation)

Regulations, the Nagoya Protocol, and in the Principal Regulations, as well as the following definitions shall apply: "assistant authorities" means those authorities designated in regulation 4 whose function is to assist the competent authority to implement these regulations;

"certificate of compliance" means a permit or its equivalent issued at the time of access as evidence that the genetic resource it covers has been accessed in accordance with the decision to grant prior informed consent, and that mutually agreed terms have been established for the use and the utilisation specified therein by the competent authority in accordance with Article 6(3)(e) and Article 13(2) of the Nagoya Protocol, that is made available to the Access and Benefit-Sharing Clearing House established under Article 14(1) of the Protocol; "Committee" means the Access to Benefit Sharing Advisory Committee; "Commission Implementing Regulation" means Commission Implementing Regulation (EU) 2015/1866 laying down detailed rules for the implementation of Regulation (EU) No 511/2014 of the European Parliament and of the Council as regards the register of collections, monitoring user compliance and best practices; "competent authority" means the Director responsible for Plant Health Services; "Council Regulation" means Regulation (EU) No. 511/2014 of the European Parliament and of the Council of 16 April 2014 on compliance measures for users from the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilisation in the Union; "due diligence" means the measures taken by a user to ascertain that the genetic resources and traditional knowledge associated with genetic resources concerned have been accessed in accordance [

with applicable access and benefit sharing legislation or regulatory requirements such that benefits are fairly and equitably shared upon mutually agreed terms;

"genetic resources for which Malta has sovereign rights" means the genetic resources which originate in Malta or which have been acquired in accordance with the Convention after the entry into force of the Nagoya Protocol for the Union; "inspector" means a person carrying out an inspection in terms of these regulations; "the Minister" means the Minister responsible for the environment; "Nagoya Protocol" means the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing Arising from their Utilisation to the Convention on Biological Diversity; "Principal Regulations" means Regulation (EU) No. 511/2014 of the European Parliament and of the Council of 16 April 2014 and Commission Implementing Regulation (EU) 2015/1866;

"prior informed consent" means a prior permission or authorisation issued in terms of regulations 5 and 6 to access genetic resources or traditional knowledge associated with genetic resources; "the register" means the register of collections of genetic resources within the Union, as established through the Principal Regulations;

"traditional knowledge associated with genetic resources" means traditional knowledge held by an indigenous or local community that is relevant for the utilisation of genetic resources and that is as such described in the mutually agreed terms applying to the utilisation of genetic resources.