S.L. 545.42 Art. 2Interpretation. Cap. 545.     S.L. 545.33.

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

"Act" means the Regulator for Energy and Water

Services Act;

"co-hosting customer" means a physical or legal person who obtains access to a network or networks, servers, and storage equipment in a co-hosting data centre on which they operate their own services and applications;

"co-hosting data centre" means a data centre in which one (1) or more customers are provided with access to network or networks, servers, and storage equipment on which they operate their own services and applications and where both the information technology equipment and the support infrastructure of the building are provided as a service by the data centre operator;

"co-hosting data centre operator" means a physical or legal person who manages the co-hosting data centre space, security, network access, power, cooling, network or networks, servers, and storage equipment, and part of the necessary software to deliver information technology services to one (1) or more customers, including information technology outsourcing;

"colocation customer" means a physical or legal person who owns and manages one (1) or more networks, servers and storage equipment located in a colocation data centre in which they purchase managed space, power, and cooling capacity;

"colocation data centre" means a data centre in which one

(1) or more customers install and manage their own network or OBLIGATIONS)

networks, servers and storage equipment and services;

"colocation data centre operator" means a physical or legal person who manages and sells space, security, network access, power and cooling capacity in the entire colocation data centre to one (1) or more customers who install and manage their own network or networks, servers and storage equipment and services;

"Commission" means the European Commission;

"Commission Delegated Regulation" means the Commission Delegated Regulation (EU) 2024/1364 of 14 March 2024 on the first phase of the establishment of a common Union rating scheme for data centres adopted in accordance with Article 33(3) of the Directive;

"data centre" means a structure or a group of structures used to house, connect and operate computer systems and, or servers and associated equipment for data storage, processing and, or distribution, as well as related activities;

"data centre computer room floor area" means the total floor area within the data centre that accommodates the data processing, data storage and telecommunication equipment that provide the information technology services of the data centre;

"data centre operator" means enterprise data centre operator, colocation data centre operator or co-hosting data centre operator;

"data centre total floor area" means the total floor area of all floors of the structure or group of structures that constitute the data centre;

"Directive" means Directive (EU) 2023/1791 of the European Parliament and of the Council of 13 September 2023 on energy efficiency and amending Regulation (EU) 2023/955 (recast);

"enterprise data centre" means a data centre that is operated by an enterprise, and of which the sole purpose is to deliver and manage the information technology needs of the enterprise;

"enterprise data centre operator" means a physical or legal person who manages the entire enterprise data centre, including the building and the use of the information technology services delivered;

"European Database on data centres" means the database established by the European Commission in accordance with Article 12(3) of the Directive, which is intended for the collection of information to be communicated by obligated data centres in conformity with any delegated Act adopted by the Commission in accordance with Article 33(3) of the Directive;

"installed information technology power demand" means the sum of the nominal power demand, in kW, of the network or networks, servers and storage equipment installed in the data centre computer room floor area;

"Malta" shall have the same meaning as assigned to it in article 124 of the Constitution of Malta;

"obligated data centres" means all data centres located in Malta, including co-hosting data centres, colocation data centres and enterprise data centres, having an installed information technology power demand of at least five hundred kilowatts (500kW).

(2) Unless the context otherwise requires, words and phrases used in these regulations which are not defined in this regulation shall have the same meaning as assigned to them in the Energy Efficiency Regulations.