S.L. 460.43 · Resilience Of Critical Entities And (S.L. 460.43)
S.L. 460.43 Art. 2Interpretation. 4 [S.L. 5 6 [S.L. Cap. 490.
In this order, unless the context otherwise requires:
"CIP Department" means the Critical Infrastructure Protection Department as established in accordance with article 3;
"Committee" means the Critical Entities Resilience Committee established by virtue of article 4;
"Commission" means the European Commission;
"competent authorities" means any authority as may from time to time be designated for this purpose in accordance with article 3(2);
"critical entity" means a public or private entity which has been identified by a competent authority in accordance with article 7 as belonging to one of the categories established in the Schedule;
"critical infrastructure" means an asset, a facility, equipment, a network or a system, or a part of an asset, a facility, equipment, a network or a system, which is necessary for the provision of an essential service;
"Directive (EU) 2022/2555" means Directive (EU) 2022/ INFRASTRUCTURES (IDENTIFICATION, 460.43 DESIGNATION AND PROTECTION)
2555 of the European Parliament and of the Council of 14 December 2022 on measures for a high common level of cybersecurity across the Union, amending Regulation (EU) No. 910/2014 and Directive (EU) 2018/1972, and repealing Directive (EU) 2016/1148 (NIS 2 Directive);
"Directive (EU) 2022/2557" means Directive (EU) 2022/ 2557 of the European Parliament and of the Council of 14 December on the resilience of critical entities and repealing Council Directive 2008/114/EC;
"Director General" means the Director General within the Ministry responsible for the CIP Department;
"essential service" means a service which is crucial for the maintenance of vital societal functions, economic activities, public health and safety, or the environment;
"incident" means an event which has the potential to significantly disrupt, or that disrupts, the provision of an essential service, including when it affects the national systems that safeguard the rule of law;
"Minister" means the Minister responsible for the resilience of critical entities and infrastructures;
"public administration entity" means an entity recognised as such in accordance with national law, not including the judiciary, the Parliament of Malta or the Central Bank of Malta, which complies with the following criteria:
(a) it is established for the purpose of meeting needs in the general interest and does not have an industrial or commercial character;
(b) it has legal personality or is entitled by law to act on behalf of another entity with legal personality;
(c) it is financed, for the most part, by the State authorities or by other central-level bodies governed by public law, is subject to management supervision by those authorities or bodies, or has an administrative, managerial or supervisory board, more than half of whose members are appointed by the State authorities or by other central level bodies governed by public law;
(d) it has the power to address natural or legal persons administrative or regulatory decisions affecting their rights in the cross-border movement of persons, goods, services or capital;
"Regulation (EU) No 1025/2012" means Regulation
(EU) No 1025/2012 of the European Parliament and of the Council of 25 October 2012 on European Standardisation amending Council Directives 89/686/EEC and 93/15/EEC and Directives 94/9/EC, 94/25/EC, 95/16/EC, 97/23/EC, 98/34/EC, 2004/22/EC, 2007/23/EC, 2009/23/EC and 2009/105/EC of the European Parliament and of the Council and repealing Council Decision 87/95/EEC and Decision No 1673/2006/EC of the European Parliament and of the Council;
"Regulation (EU) 2016/679" means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation);
"Regulation (EU) 2022/2554" means Regulation (EU) 2022/2554 of the European Parliament and of the Council of 14 December 2022 on digital operational resilience for the financial sector and amending Regulations (EC) No 1060/2009,
(EU) No 648/2012, (EU) No 600/2014, (EU) No 909/2014 and
(EU) 2016/1011;
"resilience" means a critical entity’s ability to prevent, protect against, respond to, resist, mitigate, absorb, accommodate and recover from an incident;
"risk" means the potential for loss or disruption caused by an incident and is to be expressed as a combination of the magnitude of such loss or disruption and the likelihood of occurrence of the incident;
"risk assessment" means the overall process for determining the nature and extent of a risk by identifying and analysing potential relevant threats, vulnerabilities and hazards which may lead to an incident and by evaluating the potential loss or disruption of the provision of an essential service caused by such incident;
"standard" means a standard as defined in Article 2, paragraph (1) of Regulation (EU) No 1025/2012;
"technical specification" means a technical specification as defined in Article 2, paragraph (4) of Regulation (EU) No 1025/2012; INFRASTRUCTURES (IDENTIFICATION, 460.43 DESIGNATION AND PROTECTION)
"TFEU" means the Treaty on the Functioning of the European Union;
"Tribunal" means the Administrative Review Tribunal established in accordance with the Administrative Justice Act;
"Union" means the European Union.