S.L. 478.5 Art. 2Interpretation. Cap. 478. Cap. 460. Cap. 325.

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

"Act" means the Malta Film Commission Act;

"certificate of provisional approval" means the certificate issued in terms of regulation 5 following receipt of relevant application and supporting documentation and duly assessed in accordance with the relevant Guidelines;

"Commission" means the Malta Film Commission established by article 3 of the Act;

"Commissioner" means the Malta Film Commissioner appointed under article 5(1) of the Act;

"completion" means the termination of filming activity, animation or VFX together with post-production in Malta of an audiovisual production, and "completed" shall be construed accordingly;

"co-production" means a qualifying production which is the subject of a co-production agreement between two (2) or more co-producers;

"difficult audiovisual works" means an audiovisual production as established by the Commissioner in accordance with the Guidelines;

"eligible expenditure" means the items of expenditure incurred by the qualifying company in relation to the qualifying production that are eligible as established by the Commissioner in accordance with the Guidelines;

"EU Member State" means a Member State of the

European Union in accordance with the European Union Act;

"final approval" means the approval granted in terms of regulation 7; INDUSTRY

"financial incentive" means the financial benefit provided for in regulation 3;

"Guidelines" means the guidelines that may be issued by the Commission from time to time;

"Minister" means the Minister responsible for the film industry;

"principal photography" means the filming of major or significant components of an audiovisual production which involves lead actors or the commencement of animation or VFX work partially or wholly completed together with post production in Malta;

"qualifying company" means the entity responsible for all activities involved in making a qualifying production and having access to full financial information for the total production worldwide, which shall be made available to the Commissioner upon the his request. Where the qualifying production is a co-production, the co-producers shall appoint one (1) of the co-producers amongst them to act as the qualifying company in respect of the qualifying production for the purposes of these regulations and the appointed co-producer shall be deemed to be the entity responsible for all activities involved in making the qualifying production:

Provided that:

(1) there shall be only one (1) qualifying company with respect to a particular qualifying production;

(2) in the case of a co-production, the financial incentive granted shall be apportioned between the co-producers as agreed between them, or in the absence of any agreement to that effect, in proportion to their share in the overall budget of the qualifying production; and

(3) any co-producers shall be jointly and severally liable for their obligations under the Act and these regulations:

Provided further that when the qualifying company is:

(1) a foreign qualifying company, it shall be either a special purpose corporate vehicle or a company which carries on, or intends to carry on in Malta, a trade or business which is considered as a qualifying production; or

(2) a local qualifying company, it shall be either a special purpose vehicle or a company that is duly registered in Malta as an audiovisual production company and intends to produce a qualifying production as its main purpose and activity;

"qualifying production" means an audiovisual production that meets the conditions established in article 25 of the Act, the Schedule to the Act and the Guidelines which the Commissioner may publish from time to time;

"Regulation No 651/2014" means Commission Regulation (EU) No 651/2014 of 17 June 2014 declaring certain categories of aid compatible with the internal market in application of Articles 107 and 108 of the Treaty, as amended, and as may be subsequently amended;

"State Aid Monitoring Board" means the State Aid Monitoring Board constituted under article 57 of the Business

Promotion Act;

"undertaking" means an entity carrying out an economy activity;

"VFX" means visual effects.

(2) The words and expressions which occur in the Act shall, unless otherwise defined in these regulations, have the same meaning as assigned to them in the Act.