S.L. 499.71 Art. 3Interpretation. Cap. 499.   S.L. 549.63.  Cap. 549.    S.L. 499.34.  Cap. 226.

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

"the Act" means the Authority for Transport in Malta Act;

"appropriate inspector" shall mean any officer representing the Authority and appointed in accordance with the provisions of the Act to carry out inspections in terms of these regulations;

"authorised port reception facility" shall mean a port waste reception facility that holds a valid permit issued under the Waste

Regulations, made under the Environment Protection Act, and an authorisation to operate in a port or terminal by the Authority;

"the Authority" means the Authority for Transport in Malta as established in terms of article 5 of the Act; THE DELIVERY OF WASTE FROM SHIPS

"cargo residues" means the remnants of any cargo material on board which remains on the deck or in holds or tanks following loading and unloading, including loading and unloading excess or spillage, whether in wet or dry condition or entrained in wash-water, but excluding cargo dust remaining on deck after sweeping or dust of the external surfaces of the ship;

"Directive 2006/66/EC" means Directive 2006/66/EC of the European Parliament and of the Council of 6 September 2006 on batteries and accumulators and waste batteries and accumulators and repealing Directive 91/157/EEC;

"Directive 2008/98/EC" means Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste;

"Directive 2012/19/EU" means Directive 2012/19/EU of the European Parliament and of the Council of 4 July 2012 on waste electrical and electronic equipment (WEEE);

"fishing vessel" means any ship equipped or used commercially for catching fish or other living resources from the sea;

"frequent port calls" means visits by a ship to the same port taking place at least once a fortnight;

"GISIS" means the Global Integrated Shipping Information System set up by the IMO;

"indirect fee" means a fee paid for the provision of port reception facility services, irrespective of the actual delivery of waste from ships;

"internal waters" shall have the same meaning as assigned to it in the Act;

"MARPOL Convention" means the International Convention for the Prevention of Pollution from Ships, in its up-to-date version;

"passively fished waste" means waste collected in nets during fishing operations;

"port" means a place or a geographical area made up of such improvement works and equipment designed principally to permit the reception of ships, including the anchorage area within the jurisdiction of the port;

"port reception facility" means any facility which is fixed, floating or mobile and capable of providing the service of receiving the waste from ships;

"recreational craft" means a ship of any type, with a hull length of 2.5 metres or more, regardless of the means of propulsion, intended for sports or leisure purposes, and not engaged in trade;

"regular port calls" means repeated voyages of the same ship forming a constant pattern between identified ports or a series of voyages from and to the same port without intermediate calls;

"Regulation (EC) No 1069/2029" means Regulation (EC) No 1069/2009 of the European Parliament and of the Council of 21 October 2009 laying down health rules as regards animal by-products and derived products not intended for human consumption and repealing Regulation (EC) No 1774/2002 (Animal by-products Regulation);

"Regulation (EU) 2017/352" means Regulation (EU) 2017/352 of the European Parliament and of the Council of 15 February 2017 establishing a framework for the provision of port services and common rules on the financial transparency of ports;

"SafeSeaNet" means the Union Maritime Information and

Exchange System established by Directive 2002/59/EC, as transposed and implemented through the Vessel Traffic Monitoring and Reporting

Requirements Regulations, and through which the electronic notifications and reporting obligations of these regulations, and on the basis of regulation 21, shall be made;

"scheduled traffic" means traffic based on a published or planned list of times of departures and arrivals between identified ports or recurrent crossings that constitute a recognised schedule;

"ship" means a sea-going vessel of any type whatsoever operating in the marine environment, including fishing vessels, recreational craft, hydrofoil boats, air-cushion vehicles, submersibles and floating craft;

"sufficient storage capacity" means enough capacity to store the waste on board the ship from the moment of departure until the next port of call, including the waste that is likely to be generated during the voyage;

"terminal" means a place where ships are moored, berthed or docked to obtain services such as handling of cargo or passengers, repairs, waste removal, bunkering, laid-up and any other services related to ships and maritime activities, including marinas;

"territorial waters" means the waters described in article 3(1) of the Territorial Waters and Contiguous Zone Act and includes any waters enclosed between the base lines therein mentioned and the coast;

"treatment" means recovery or disposal operations, including preparation prior to recovery or disposal; and THE DELIVERY OF WASTE FROM SHIPS

"waste from ships" means all waste, including cargo residues, which is generated during the service of a ship or during loading, unloading and cleaning operations and which falls within the scope of Annexes I, II, IV, V and VI to the MARPOL Convention, as well as passively fished waste.

(2) Without prejudice to the above definition of "waste from ships", such shall be considered to be waste within the meaning of point 1 of Article 3 of Directive 2008/98/EC.

(3) For the purposes of these regulations, the competent authority in Malta shall be the Authority for Transport in Malta, and in respect of any other State the authority designated as such by the respective Government.