S.L. 545.22 Art. 2Interpretation.

(1) Unless otherwise stated in these regulations, the definitions in the Act shall apply.

(2) In these regulations, unless the context otherwise requires: "the Act" means the Regulator for Energy and Water Services Act;

"approved" means the acceptance in writing by the Regulator; "assessment inspection" means an inspection carried out by a competent person to check that an authorised facility is operated and maintained according to such authorisation conditions and guidelines as the Regulator may from time to time issue; "authorisation" means any authorisation granted under these regulations, and in relation to services and service providers it means a permit, licence, warrant, appointment, concession or any decision concerning access to a service activity or the exercise thereof; "authorised facility" means a facility in respect of which an authorisation has been issued under these regulations and includes secondary storage facilities of petroleum and petroleum filling stations and all buildings, tanks, pipework, pumps, dispensers, electrical and electronic equipment, drainage, ancillary equipment, forecourt area and any other asset within that part of the facility relevant to the delivery, storage, dispensing and retail of petroleum;

"authorised person" means the holder of an authorisation issued by the Regulator under these regulations, permitting such person to operate a secondary storage facility of petroleum; "authorised provider" means the holder of an authorisation issued by the Regulator under these regulations, or a service provider who is authorised to operate under any law in force in a Member State of the European Union or a state which is a participant to the European Economic Area, permitting such person to operate a petroleum filling station and, or carry out the activity of a fuel distributor; "autogas" means LPG used for the propulsion of motor vehicles;

"biofuels" means liquid or gaseous fuel produced from biomass. The term "biofuels" shall include biodiesels, biodimethylethers, bioethanols, biogases, biohydrogens, biomethanols, bio-ETBEs, bio-MTBEs, pure vegetable oils and synthetic biofuels; "biomass" means the biodegradable fraction of products, waste and residues from agriculture, including vegetal and animal substances, forestry and related industries and also the biodegradable fraction of industrial and municipal waste; "boycott" means a concerted practice between persons consisting in unilateral or collective action to cut off supplies or purchases to or from a particular customer or retailer, or the application of conditions to that customer or retailer which make continued dealings impractical; "Class" means the classification given to fuel according to their flash points. For this purpose:

(a) class 1 means fuels which have a flash point below 21ºC;

(b) class 2 means fuels which have a flash point above 21ºC but below 55ºC;

(c) class 3 means fuels which have a flash point above 55ºC;

"CN codes" means the code numbers of the combined nomenclature established by Regulation 2658/87 on the tariff and statistical nomenclature and on the customs tariff; "commercial site" means a site that is not open to the general public but where automotive fuel is dispensed; "competent person" means a person who is approved by the Regulator and who:

(a) practises the profession of an inġinier under the Inġiniera Act; and

(b) is suitably trained, has sufficient knowledge, experience and capability as approved by the Regulator to:

(i) carry out assessment inspections of authorised facilities;

(ii) supervise material alterations to authorised facilities;

(iii) certify in writing that authorised facilities are being maintained and operated as prescribed in any authorisation conditions and, or guidelines and, or Codes of Practice duly approved by the Regulator;

(iv) certify in writing the design, construction, testing and commissioning of equipment and, or sites intended to be designated by the Regulator as authorised facilities;

(v) carry out other work of a technical nature that is complimentary or ancillary to the above; "dispenser" means delivery equipment which includes a volumetric measuring system which is to the satisfaction of the Regulator, which may or may not include its own pumping system installed at a petroleum-filling station or on a fuel distributor vehicle and which is used to dispense fuel; "establishment" means the actual pursuit of an economic activity by a service provider for an indefinite period and through stable infrastructure from where the business of providing services is actually carried out; "final consumer" means any natural or legal person purchasing petroleum for private use; "flash point" means the minimum temperature at which a liquid, under specific test conditions, gives off sufficient flammable vapour to ignite momentarily on the application of an ignition source;

"fuel distributor" means the holder of an authorisation issued by the Regulator under these regulation, permitting such person to distribute petroleum to duly authorised facilities; "fuel distribution vehicle" means a vehicle including its contents as defined in the Motor Vehicle Carriage of Dangerous Goods by Road) Regulations, designated for the purpose of distributing petroleum to authorised facilities: Provided that in this case the word "petroleum" shall have the same meaning as in that for a fuel distributor; "inspector" means any employee or officer of the Regulator or any other person duly appointed and authorised in writing by the Regulator, in accordance with the provisions of the Act, to inspect and check compliance with these regulations and any authorisation condition; "LPG" shall have the same meaning as in the Liquefied

Petroleum Gas Market Regulations; "material alterations" means any alteration, which within the limits of the applicability of the authorisation, may in the opinion of the Regulator reasonably affect the safe operation of an authorised facility and includes change, removal, repair, replacement or cessation of use of any equipment, whether electrical or mechanical, which would affect the safe operation of the authorised facility;

"Member State" means a member state of the European Union; "the Minister" means the Minister responsible for resources; "nozzle" means a device for controlling the flow of fuel during a dispensing operation; "overriding reasons relating to public interest" means reasons recognised as such in case law of the European Courts of Justice and which reasons present a justification for the issue of an authorisation and, or the issue of a condition thereto and, or to any other policy decision taken in terms of such authorisation, when such authorisation, and, or condition and, or policy decision thereto could not have been issued or taken under normal circumstances but for such overriding reasons relating to public interest which include any of the following grounds:

(a) public policy, public security, public safety and public health; provided that, these grounds shall be interpreted within the meaning of Article 46 and Article 55 of the Treaty;

(b) the maintenance of order in society;

(c) social policy objectives;

(d) the protection of recipients of services;

(e) consumer protection;

(f) the prevention of fraud;

(g) the protection of the environment; and

(h) the prevention of unfair competition; "person" means and includes an individual, an undertaking, a body or other association of persons, whether such body or association is corporate or unincorporate; "petroleum" shall have the same meaning as under the Act but shall not include those products listed in the First Schedule: Provided that:

(a) for the purposes of an authorisation to operate a secondary storage facility of petroleum, the word petroleum excludes LPG;

(b) for the purposes of an authorisation to carry out the activity of a fuel distributor, the word "petroleum" excludes LPG both when transported in bulk or in portable refillable cylinders;

(c) for the purposes of an authorisation to operate a petroleum-filling station, the word petroleum excludes autogas: Provided also that "petroleum" may be given a different meaning in any authorisation issued by the Regulator as the case may be; "petroleum-filling station" means an authorised facility which has been approved by the Regulator to store petroleum at a retail site or at a commercial site, and which may be subject to any such conditions as the Regulator may establish in the applicable authorisation; "pipework" means all pipes, lines and fittings including joints designed to carry fuel as liquids or vapour; "portable refillable cylinders" means transportable, refillable containers suitable for use of LPG and which conform to the Transportable Pressure Equipment Regulations; "primary storage facility" shall have the same meaning as in the Petroleum for the Inland (Wholesale) Fuel Market Regulations;

"public service obligation" means any obligation imposed by the Regulator on service providers or authorised providers to carry out any activity which provides a service to final consumers for the purpose of these regulations, and which service shall be carried out at specified prices in the public interest; "recipient" means any natural person who is a national of a Member State, who benefits from rights conferred upon him by community acts or any legal person established in a Member State, who for professional or non-professional purposes, uses, or wishes to use a service against non-economic considerations; "the Regulator" means the Regulator for Energy and Water Services: Provided that whenever the Regulator is required to exercise its functions under these regulations in relation to a fuel distribution vehicle, the Regulator shall act in collaboration with the authority responsible for transport; "retail" means the sale of petroleum to final consumers;

"retail site" means a site where the general public can purchase automotive fuel;

"secondary storage facility of petroleum" means an authorised facility:

(a) used for the authorised person’s own exclusive use;

(b) which is not a primary storage facility for the purposes of the Petroleum for the Inland (Wholesale) Fuel Market Regulations; and

(c) which is in excess of a lower limit of 300 litres:

Provided that when a secondary storage facility of petroleum consists of one or more tanks it may be construed by the Regulator of consisting of a single secondary storage facility of petroleum; "service" means any self-employed activity performed for economic considerations; "service provider" means any natural person who is a national of a Member State, or any legal person established in a Member State, who offers or provide a service;

"transfer" includes any trade or sale whether by retail or by wholesale, or donation; and

"the Treaty" means the Treaty establishing the European Community; "undertaking" shall have the same meaning as provided for in the Competition Act.