S.L. 427.36 Art. 3Interpretation.

For the purpose of these regulations, "machinery"

designates the products listed in regulation 2(1)(a) to (f).

For the purposes of these regulations, the following definitions shall apply: "authorised representative" means any natural or legal person established in the Community who has received a written mandate from the manufacturer to perform on his behalf all or part of the obligations and formalities connected with these regulations; "chains, ropes and webbing" means chains, ropes and webbing designed and constructed for lifting purposes as part of lifting machinery or lifting accessories; "Community" means the European Union; "common specifications" means a set of technical requirements established to ensure compliance with regulatory obligations when harmonised standards are unavailable or insufficient; "crisis-relevant goods" means goods that are non-substitutable, non-diversifiable or indispensable in the maintenance of vital societal functions or economic activities in order to ensure the proper functioning of the internal market and its supply chains and that are considered essential for responding to a crisis during the internal market emergency mode that may be activated pursuant to Article 18(4) of Regulation (EU) 2024/2747 with respect to machinery covered by these regulations; "essential health and safety requirements" means mandatory provisions relating to the design and construction of the products subject to this Directive to ensure a high level of protection of the health and safety of persons and, where appropriate, of domestic animals and property and, where applicable, of the environment. The essential health and safety requirements are set out in Schedule I. Essential health and safety requirements for the protection of the environment are applicable only to the machinery referred to in section 2.4 of that Schedule;

"harmonized standard" means a non-binding technical specification adopted by a standardisation body, namely the European Committee for Standardisation (CEN), the European Committee for Electrotechnical Standardisation (CENELEC) or the European Telecommunications Standards Institute (ETSI), on the basis of a remit issued by the Commission in accordance with the procedures laid down in Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations and of rules on Information Society services;

"implementing act" means a non-legislative act adopted by the European Commission for the purpose of providing rules and measures necessary for the implementation of these regulations and which are essential to provide for crisis situations during an internal market emergency mode activated in accordance with Article 18(4) of Regulation (EU) 2024/2747 with respect to machinery covered by these regulations; "interchangeable equipment" means a device which, after the putting into service of machinery or of a tractor, is assembled with that machinery or tractor by the operator himself in order to change its function or attribute a new function, in so far as this equipment is not a tool; "internal market emergency mode" means internal market emergency mode as defined in sub-article (3) of Article 3 of Regulation (EU) 2024/2747;

"lifting accessory" means a component or equipment not attached to the lifting machinery, allowing the load to be held, which is placed between the machinery and the load or on the load itself, or which is intended to constitute an integral part of the load and which is independently placed on the market; slings and their components are also regarded as lifting accessories;

"machinery" means:

(a) an assembly, fitted with or intended to be fitted with a drive system other than directly applied human or animal effort, consisting of linked parts or components, at least one of which moves, and which are joined together for a specific application;

(b) an assembly referred to in paragraph (a), missing only the components to connect it on site or to sources of energy and motion;

(c) an assembly referred to in paragraphs (a) and (b), ready to be installed and able to function as it stands only if mounted on a means of transport, or installed in a building or a structure;

(d) assemblies of machinery referred to in paragraphs (a),

(b) and (c) or partly completed machinery referred to in definition "partly completed machinery" which, in order to achieve the same end, are arranged and controlled so that they function as an integral whole;

(e) an assembly of linked parts or components, at least one of which moves and which are joined together, intended for lifting loads and whose only power source is directly applied human effort; "Market Surveillance Directorate" means the Market Surveillance Directorate within the TRD; "manufacturer" means any natural or legal person who designs and, or manufactures machinery or partly completed machinery covered by these regulations and is responsible for the conformity of the machinery or the partly completed machinery with these regulations with a view to its being placed on the market, under his own name or trademark or for his own use. In the absence of a manufacturer as defined above, any natural or legal person who places on the market or puts into service machinery or partly completed machinery covered by these regulations shall be considered a manufacturer; "notified body" means a conformity assessment body which has been officially designated by its national authority and notified to the Commission to carry out the procedures for conformity assessment of certain products in terms of regulation 13 before being placed on the market; "partly completed machinery" means an assembly which is almost machinery but which cannot in itself perform a specific application. A drive system is partly completed machinery. Partly completed machinery is only intended to be incorporated into or assembled with other machinery or other partly completed machinery or equipment, thereby forming machinery to which these regulations apply;

"placing on the market" means making available for the first time in the Community machinery or partly completed machinery with a view to distribution or use, whether for reward or free of charge; "putting into service" means the first use, for its intended purpose, in the Community, of machinery covered by these regulations; "Regulation (EU) 2024/2747" means Regulation 2024/2747 of the European Parliament and of the Council of 9 October 2024 establishing a framework of measures, related to an internal market emergency and to the resilience of the internal market and amending Council Regulation (EC) No 2679/98 (Internal Market Emergency and Resilience Act);

"removable mechanical transmission device" means a removable component for transmitting power between self propelled machinery or a tractor and another machine by joining them at the first fixed bearing. When it is placed on the market with the guard it shall be regarded as one product;

"safety component" means a component:

(a) which serves to fulfill a safety function;

(b) which is independently placed on the market;

(c) the failure and, or malfunction of which endangers the safety of persons, and

(d) which is not necessary in order for the machinery to function, or for which normal components may be substituted in order for the machinery to function. An indicative list of safety components is set out in Schedule V;

"Technical Regulations Division" or "TRD" means the Technical Regulations Division established under Part VI of the Malta

Competition and Consumer Affairs Authority Act.