S.L. 427.30 Art. 3Definitions.

For the purposes of these regulations the following definitions shall apply:

"accreditation" means an attestation by the National Accreditation Board that a notified body meets the requirements set out in the second paragraph of paragraph 1.8.6.8 of the Annexes to Directive 2008/68/EC and the Method for Designating Conformity Assessment Bodies Regulations; "Annexes to Directive 2008/68/EC" means Section I.1 of Annex I, Section II.1 of Annex II, and Section III.1 of Annex III to Directive 2008/68/EC; "authorised representative" means any natural or legal person established within the Union who has received a written mandate from the manufacturer to act on his behalf in relation to specified tasks; "conformity assessment" means the assessment and the procedure for the assessment of conformity set out in the Annexes to Directive 2008/68/EC; "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 equipment covered by these regulations; "distributor" means any natural or legal person established within the Union, other than the manufacturer or the importer, who makes transportable pressure equipment or parts thereof available on the market; "economic operator" means the manufacturer, the authorised representative, the importer, the distributor, the owner or the

*Revoked by these Regulations. operator acting in the course of a commercial or public service activity, whether in return for payment or free of charge; "exceptional check" means the exceptional check and the procedures governing the exceptional check set out in the Annexes to Directive 2008/68/EC; "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 pursuant to Article 18(4) of Regulation (EU) 2024/2747 with respect to equipment covered by these regulations; "importer" means any natural or legal person established within the Union, who places transportable pressure equipment or parts thereof from a third country on the Union market; "intermediate inspection" means the intermediate inspection and the procedures governing the intermediate inspection as set out in the Annexes to Directive 2008/68/EC;

"internal market emergency mode" means internal market emergency mode as defined in sub-article (3) of Article 3 of Regulation (EU) 2024/2747; "making available on the market" means any supply of transportable pressure equipment for distribution or use on the Union market in the course of a commercial or public service activity, whether in return for payment or free of charge;

"manufacturer" means any natural or legal person who manufactures transportable pressure equipment, or parts thereof, or who has such equipment designed or manufactured and markets it under his name or trademark; "market surveillance" means the activities carried out and measures taken by public authorities to ensure that transportable pressure equipment during its life cycle complies with the requirements set out in Directive 2008/68/EC and these regulations and does not endanger health, safety or any other aspect of public interest protection;

"Member States" means the Member States of the Union; "National Accreditation Board (Malta)" means the National Accreditation Board (Malta) established in terms of regulation 3 of the National Accreditation Board (Malta) (Establishment)

Regulations; "notification" is the process of awarding notified body status to an inspection body and includes communication of this information to the Commission and to the Member States; "notified body" means an inspection body meeting the requirements set out in the Annexes to Directive 2008/68/EC and the conditions set out in regulation 15 and the Method for Designating Conformity Assessment Bodies Regulations, and has been notified in accordance with regulation 16; "operator" means any natural or legal person established in the Union using transportable pressure equipment; "owner" means any natural or legal person established within the Union who owns transportable pressure equipment; "periodic inspection" means the periodic inspection and the procedures governing the periodic inspection as set out in the Annexes to Directive 2008/68/EC; "Pi marking" means a marking which indicates that the transportable pressure equipment is in conformity with the applicable conformity assessment requirements set out in the Annexes to Directive 2008/68/EC and in these regulations; "placing on the market" means the first making available of transportable pressure equipment on the Union market; "reassessment of conformity" means the procedure undertaken, at the request of the owner or operator, for the subsequent assessment of the conformity of transportable pressure equipment manufactured and placed on the market before the 1st January, 2003; "recall" means any measure aimed at achieving the return of transportable pressure equipment that has already been made available to the end user; "Regulation (EU) 2024/2747" means Regulation (EU) 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);

"transportable pressure equipment" means:

(a) all pressure receptacles, their valves and other accessories when appropriate, as covered in Chapter 6.2 of the Annexes to Directive 2008/68/EC,

(b) tanks, battery vehicles/wagons, multiple-element gas containers (MEGCs), their valves and other accessories when appropriate, as covered in Chapter 6.8 of the Annexes to Directive 2008/68/EC, when the equipment under paragraphs (a) or (b) is used in accordance with those Annexes for the transport of Class 2 gases, excluding gases or articles with figures 6 and 7 in the classification code, and for the transport of the dangerous substances of other classes specified in Schedule I.

Transportable pressure equipment shall be understood as including gas cartridges (UN No 2037) and excluding aerosols (UN No 1950), open cryogenic receptacles, gas cylinders for breathing apparatus, fire extinguishers (UN No 1044), transportable pressure equipment exempted according to paragraph 1.1.3.2 of the Annexes to Directive 2008/68/EC and transportable pressure equipment exempted from the rules for construction and testing of packaging according to special provisions in paragraph 3.3 of the Annexes to Directive 2008/68/EC; "Technical Regulations Division" means the Technical Regulations Division of the Malta Competition and Consumer Affairs Authority as established by the Malta Competition and Consumer Affairs Authority Act; "the Union" means the European Union;

"use" means filling, temporary storage linked to carriage, emptying and refilling of transportable pressure equipment;

"withdrawal" means any measure aimed at preventing transportable pressure equipment from being made available on the market or from being used.