S.L. 427.37 Art. 2Interpretation.

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

"accreditation" means accreditation as defined in point 10 of Article 2 of Regulation (EC) No 765/2008; "authorised representative" means any natural or legal person established within the Union who has received a written mandate from an installer or a manufacturer to act on his behalf in relation to specified tasks;

"carrier" means a part of the lift by which persons and, or goods are supported in order to be lifted or lowered;

"CE marking" means a marking by which the installer or the manufacturer indicates that the lift or safety component for lifts are in conformity with the applicable requirements set out in Union harmonisation legislation providing for its affixing as set out in Annex III of the Directive, which is set out in Schedule III;

"common specifications" means a set of technical requirements established to ensure compliance with regulatory obligations when harmonised standards are unavailable or insufficient; "conformity assessment" means the process demonstrating whether the essential health and safety requirements of these regulations relating to a lift or a safety component for lifts have been fulfilled;

"conformity assessment body" means a body that performs conformity assessment activities including calibration, testing, certification and inspection; "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;

* See regulation 1(3) of these Regulations as originally promulgated. "the Directive" means European Parliament and Council Directive 2014/33/EU on the approximation of the laws of the Member States relating to lifts; "distributor" means any natural or legal person in the supply chain, other than the manufacturer or the importer, who makes a safety component for lifts available on the market;

"economic operators" means the installer, the manufacturer, the authorised representative, the importer and the distributor;

"harmonised standard" means harmonised standard as defined in point (c) of point 1 of Article 2 of Regulation (EU) No 1025/2012;

"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 a safety component for lifts from a third country on the Union market;

"installer" means the natural or legal person who takes responsibility for the design, manufacture, installation and placing on the market of the lift; "internal market emergency mode" means internal market emergency mode as defined in Article 3, point (3) of Regulation

(EU) 2024/2747; "lift" means a lifting appliance serving specific levels, having a carrier moving along guides which are rigid and inclined at an angle of more than 15 degrees to the horizontal, or a lifting appliance moving along a fixed course even where it does not move along rigid guides; "making available on the market" means any supply of a safety component for lifts for distribution or use on the Union market in the course of a commercial activity, whether in return for payment or free of charge; "manufacturer" means any natural or legal person who manufactures a safety component for lifts or has a safety component for lifts designed or manufactured, and markets it under his name or trade mark;

"model lift" means a representative lift whose technical documentation shows the way in which the essential health and safety requirements set out in Schedule I will be met for lifts which conform to the model lift defined by objective parameters and which uses identical safety components for lifts;

"national accreditation body" means national accreditation body as defined in point 11 of Article 2 of Regulation (EC) No 765/2008;

"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 pursuant to regulations 16 and 17 before being placed on the market; "placing on the market" means: - the first making available on the market of a safety component for lifts, or - the supply of a lift for use on the European Union market in the course of a commercial activity, whether in return for payment or free of charge;

"recall" in relation to a lift means any measure aimed at achieving the dismantling and safe disposal of a lift, and in relation to a safety component for lifts means any measure aimed at achieving the return of a safety component for lifts that has already been made available to the installer or 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); "safe" in relation to a lift or safety component, means that the lift or, in the case of a safety component, the lift in which it is to be installed, when properly installed and maintained and used for its intended purpose conforms to all the relevant essential health and safety requirements and is not liable to endanger the health or safety of persons or, where appropriate, the safety of property, and cognate expressions shall be construed accordingly;

"technical specification" means a document that prescribes technical requirements to be fulfilled by a lift or a safety component for lifts; "TRD" and "Technical Regulations Division" means the Technical Regulations Division established under Part VI of the Malta Competition and Consumer Affairs Authority Act; "Union harmonisation legislation" means any Union legislation harmonising the conditions for the marketing of products; "withdrawal" means any measure aimed at preventing a safety component for lifts in the supply chain from being made available on the market.

(2) The putting into service of lifts or the making available on the market of safety components for lifts regulated by the Lifts Regulations, 2002, and which were placed on the market before 20th April, 2016, shall not in any way be impeded.

(3) Certificates and decisions by notified bodies under the Lifts Regulations, 2002, shall also be valid under these regulations.