S.L. 549.89 ст. 3Interpretation.

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

"the Act" means the Environment Protection Act;

"active implantable medical device" means an active implantable medical device as defined in regulation 3 of the Active Implantable Medical Devices Regulations, relating to active implantable medical devices which is EEE; "agreement" means the formal agreement concluded between the competent authority and the economic operators concerned, which has to be open to all partners who wish to meet the conditions of the agreement with a view to working towards the objectives of these regulations; "authorised waste electrical and electronic equipment collective organisation" means a producer responsibility organisation as defined in regulation 3 of the Extended Producer Responsibility Framework Regulations, as authorised by the competent authority in accordance with these regulations, whose members, by virtue of these regulations and their membership of that organisation, are exempt from part of these regulations; "the Community" means the European Community; "the competent authority" has the same meaning as "the authority" as defined in article 2 of the Act; "the Directive" means Directive 2012/19/EC of the European Parliament and of the Council of 4 July 2012 on waste electrical and electronic equipment and repealing Directive 2002/96/EC of the European Parliament and of the Council of 27 January 2003;

"distributor" means any natural or legal person in the supply chain, who makes an EEE available on the market. This definition does not prevent a distributor from being, at the same time, a producer within the meaning of the term "producer"; "electrical and electronic equipment" or "EEE" means equipment which is dependent on electric currents or electromagnetic fields in order to work properly and equipment for the generation, transfer and measurement of such currents and fields and designed for use with a voltage rating not exceeding 1,000 Volts for alternating current and 1,500 Volts for direct current;

"finance agreement" means any loan, lease, hiring or deferred sale agreement or arrangement relating to any equipment whether or not the terms of that agreement or arrangement or any collateral agreement or arrangement provide that a transfer of ownership of that equipment will or may take place; "in diagnostic medical device" means an diagnostic vitro in vitro device or accessory as defined in regulation 3.1.3 and 3.1.4 of the In Vitro Diagnostic Medical Devices Regulations, which is EEE; "large-scale fixed installation" means a large-size combination of several types of apparatus and, where applicable, other devices, which:

(a) are assembled, installed and de-installed by professionals;

(b) are intended to be used permanently as part of a building or a structure at a pre-defined and dedicated location; and

(c) can only be replaced by the same specifically designed equipment;

"large-scale stationary industrial tools" means a large size assembly of machines, equipment, and, or components, functioning together for a specific application, permanently installed and de-installed by professionals at a given place, and used and maintained by professionals in an industrial manufacturing facility or research and development facility; "local agency" shall have the same meaning as "entity of Government" as defined in article 2 of the Act; "making available on the market" means any supply of a product for distribution, consumption or use on the market in Malta in the course of a commercial activity, whether in return for payment or free of charge;

"medical device" means a medical device or accessory as defined in regulation 3 of the Medical Devices Regulations, concerning medical devices which are EEE; "the Minister" means the Minister responsible for the environment; "non-road mobile machinery" means machinery, with onboard power source, the operation of which requires either mobility or continuous or semi-continuous movement between a succession of fixed working locations while working;

"placing on the market" means the first making available of a product on the market within the territory of Malta on a professional basis; "producer" means any natural or legal person who, irrespective of the selling technique used, including by means of distance contracts as defined in the Consumer Rights Regulations:

(a) is established in Malta and manufactures EEE under his own name or trademark, or has EEE designed or manufactured and markets it under his name or trademark within the territory of Malta;

(b) is established in Malta and resells within the territory of Malta, under his own name or trademark, equipment produced by other suppliers, a reseller not being regarded as the "producer" if the brand of the producer appears on the equipment, as provided for in paragraph (a);

(c) is established in Malta and places on the market of Malta, on a professional basis, EEE from a third country or from another EU Member State;

(d) sells EEE by means of distance communication directly to private households or to users other than private households in Malta and is established in another EU Member State or third country. Whoever exclusively provides financing under or pursuant to any finance agreement shall not be deemed to be a “producer” unless he also acts as a producer within the meaning of paragraphs

(a) to (d);

"removal" means manual, mechanical, chemical or metallurgic handling with the result that hazardous substances, mixtures and components are contained in an identifiable stream or are an identifiable part of a stream within the treatment process. A substance, mixture or component is identifiable if it can be monitored to verify environmentally safe treatment; "waste electrical and electronic equipment" or "WEEE" means electrical and electronic equipment which is waste as defined in regulation 4 of the Waste Regulations, including all components, sub-assemblies and consumables which are part of the product at the time of discarding; "WEEE from private households" means WEEE which comes from private households and WEEE which comes from commercial, industrial, institutional and other sources which, because of its nature and quantity, is similar to that from private household. Waste from EEE likely to be used by both private households and users other than private households shall in any event be considered to be WEEE from private households.

(2) All other terms, including the definitions of "hazardous waste", "collection", "separate collection", "prevention", "re-use", "treatment", "recovery", "preparing for re-use", "recycling" and "disposal" shall have the same meaning as that assigned to them in regulation 4 of the Waste Regulations.