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S.L. 460.12 · Advertising, Sponsorship (S.L. 460.12)

S.L. 460.12 Art. 2Interpretation. Cap. 350. Cap. 378. Cap. 12.

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(1) In this Order, unless the context otherwise requires -

"the Act" means the Broadcasting Act;

"the competent authority" means the Broadcasting Authority as established by the Constitution of Malta;

"the Directive" means the provisions of Directive 98/27/EC of the European Parliament and of the Council of 19 May, 1998 on th injunctions for the protection of consumers’ interests; "the Television Without Frontiers Directive" means Articles 10 to 21 of Council Directive 89/552/EEC of 3 October, 1989 on the rd coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities (OJ L298, 17.10.1989, p. 23) as amended by Directive 97/36/EC (OJ L202, 30.7.1997, p. 60); "qualified entity" means any body or organization which, being properly constituted according to the law of a Member State, has a legitimate interest in ensuring that the provisions referred to in article 3 are complied with and, without prejudice to the generality of the foregoing, includes:

(a) a registered consumer association within the meaning of Part IV of the Consumer Affairs Act;

(b) one or more independent public bodies, having a legitimate interest in ensuring the protection of the collective interests of consumers of television advertising, sponsorship and teleshopping in other Member States or EEA States in which such bodies exist;

(c) voluntary organisations in other Member States or EEA States whose purpose is to protect the interests referred to in paragraph (a) of this definition in accordance with the criteria laid down by their national law;

*See article 1(2) of this Order as originally promulgated.

(d) organisations recognised by the competent authority as collectively representing professional broadcasting services; or

(e) any qualified entity from a Member State or EEA State included in the list of qualified entities; "European Community" means the organisation established by the Treaty of Rome in 1957 and amended institutionally and otherwise in 1986 by the Single European Act, in 1993 by the Treaty on European Union, in 1997 by the Treaty of Amsterdam and in 2001 by the Treaty of Nice and as amended by accession agreements and as may be further amended from time to time; "the Commission" means the Commission of the European Community; "list of qualified entities" means the list compiled and updated by the Commission and published in the Official Journal of the European Communities listing the qualified entities in Member States and EEA States in accordance with Article 4 of the Directive; "Court of Appeal" means the Court of Appeal sitting in its inferior jurisdiction as constituted in terms of article 41(9) of the Code of Organization and Civil Procedure;

"EEA State" means any State which is a contracting party to the agreement on the European Economic Area signed at Oporto on the 2 May, 1992 as amended by the Protocol signed at Brussels on nd 17 March, 1993 and as amended from time to time; th "Member State" means a member of the European Community.

(2) Words and expressions used in this Order which are also used in the Act shall have the same meanings as in the Act.