S.L. 627.3 Art. 2Interpretation.   Cap. 627.  Cap. 350. S.L. 378.10.  S.L. 378.12.    Cap. 345. Cap. 371.    S.L. 371.18.  Cap. 376.    Cap. 399.   Cap. 399.   Cap. 399.      Cap. 413.    Cap. 460.   S.L. 399.48.    Cap. 376.    Cap. 399.  Cap. 500.            Cap. 350

For the purposes of these regulations:–

"Act" means the United Nations Convention on the Rights of

Persons with Disabilities Act;

"air passenger transport services" means commercial passenger air services, as defined in point (l) of article 2 of Regulation (EC) No 1107/2006 of the European Parliament and of the Council of 5 July 2006 concerning the rights of disabled persons and persons with reduced mobility when travelling by air, on departure from, on transit through, or on arrival at an airport, when the airport is situated in the ACT)

territory of a Member State, including flights departing from an airport situated in a third country to an airport situated in the territory of a Member State where the services are operated by Union air carriers;

"assistive technology" means any item, piece of equipment, service or product system including software, that is used to increase, maintain, substitute or improve functional capabilities of persons with disabilities or for alleviation and compensation of impairments, activity limitations or participation restrictions;

"audiovisual media services" means any audiovisual media service as defined in article 16G of the Broadcasting Act;

"authorised representative" means any natural or legal person established within the Union who has received a written mandate from a manufacturer to act on its behalf in relation to specified tasks;

"bus passenger transport services" means services covered by articles 2(1) and (2) of Regulation (EU) No 181/2011 of the European Parliament and of the Council of 16 February 2011 concerning the rights of passengers in bus and coach transport and amending Regulation (EC) No 2006/2004;

"CE marking" shall have the same meaning assigned to it in point 20 of article 2 of Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and repealing Regulation (EEC) No 339/ 93;

"Commission" means the European Commission;

"competent national authority" means a market surveillance authority that is not the market surveillance authority as defined in this regulation, unless the context indicates otherwise;

"consumer" means any natural person who purchases the relevant product or is a recipient of the relevant service for purposes which are outside his trade, business, craft or profession;

"consumer banking services" means the provision to consumers of the following banking and financial services:

(a) credit agreements covered by the Credit

Agreements for Consumers Relating to Residential Immovable

Property Regulations or the Consumer Credit Regulations;

(b) services as defined in points 1, 2, 4 and 5 in

Section A and points 1, 2, 4 and 5 in Section B of Annex I to

MiFID, as defined in article 2 of the Financial Markets Act;

(c) payment services as defined in article 2 of the

Banking Act;

(d) services linked to the payment account as defined in regulation 2 of the Credit Institutions and Financial

Institutions (Payment Accounts) Regulations; and

(e) electronic money as defined in article 2 of the

Financial Institutions Act;

"consumer general purpose computer hardware system" means the combination of hardware which forms a complete computer, characterised by its multi-purpose nature, its ability to perform, with the appropriate software, most common computing tasks requested by consumers and intended to be operated by consumers, including personal computers, in particular desktops, notebooks, smartphones and tablets;

"consumer terminal equipment with interactive computing capability, used for accessing audiovisual media services" means any equipment the main purpose of which is to provide access to audiovisual media services;

"Directive" means Directive (EU) 2019/882 of the European Parliament and of the Council of 17 April 2019 on the accessibility requirements for products and services ("European Accessibility Act");

"distributor" means any natural or legal person in the supply chain, other than the manufacturer or the importer, who makes a product available on the market;

"e-book and dedicated software" means a service, consisting of the provision of digital files that convey an electronic version of a book, that can be accessed, navigated, read and used and the software including mobile device-based services including mobile applications dedicated to the accessing, navigation, reading and use of those digital files, and it excludes software covered under the definition of "e-reader";

"e-commerce services" means services provided at a distance, through websites and mobile device-based services by electronic means and at the individual request of a consumer with a view to concluding a consumer contract;

"e-reader" means dedicated equipment, including both hardware and software, used to access, navigate, read and use e-book files;

"economic operator" means the manufacturer, the authorised representative, the importer, the distributor or the service provider; ACT)

"electronic communications service" shall have the same meaning assigned to it in article 2 of the Electronic Communications (Regulation)

Act;

"electronic ticketing services" means any system in which passenger transport tickets are purchased, including online, using a device with interactive computing capability, and delivered to the purchaser in electronic form, to enable them to be printed in paper form or displayed using a mobile device with interactive computing capability when travelling.

"electronic tickets" means any system in which an entitlement to travel, in the form of single or multiple travel tickets, travel subscriptions or travel credit, is stored electronically on a physical transport pass or other device, instead of being printed on a paper ticket;

"emergency communication" shall have the same meaning assigned to it in article 2 of the Electronic Communications (Regulation)

Act;

"emergency service" shall have the same meaning assigned to it in article 2 of the Electronic Communications (Regulation) Act;

"EU declaration of conformity" means a declaration of conformity as defined in article 5 of Decision No 768/2008/EC of the European Parliament and of the Council of 9 July 2008 on a common framework for the marketing of products, and repealing Council Decision 93/465/EEC;

"harmonised standard" shall have the same meaning assigned to it in point 1(c) of article 2 of 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;

"importer" means any natural or legal person established within the Union who places a product from a third country on the Union market;

"interactive computing capability" means functionality supporting human-device interaction allowing for processing and transmission of data, voice or video or any combination thereof;

"making available on the market" means any supply of a product for distribution, consumption or use on the Union market in the course of a commercial activity, whether in return for payment or free of charge;

"manufacturer" means any natural or legal person who manufactures a product or has a product designed or manufactured, and markets that product under its name or trademark;

"market surveillance authority" means the Commission for the

Rights of Persons with Disability, in its role as market surveillance authority in respect of the Directive, as designated by article 22(1)(v) of the Equal Opportunities (Persons with Disability) Act;

"Member State" or "Member States" mean a member state or member states of the European Union as defined in article 2 of the

European Union Act;

"microenterprise" means an enterprise which employs fewer than ten (10) persons and which has an annual turnover not exceeding EUR 2 million or an annual balance sheet total not exceeding EUR 2 million;

"Minister" means the Minister as defined in the Act;

"most appropriate PSAP" shall have the same meaning assigned to it in regulation 2 of the Electronic Communications Networks and

Services (General) Regulations;

"operating system" means software, which, handles inter alia, the interface to peripheral hardware, schedules tasks, allocates storage, and presents a default interface to the user when no application program is running including a graphical user interface, regardless of whether such software is an integral part of consumer general purpose computer hardware, or constitutes free-standing software intended to be run on consumer general purpose computer hardware, but excluding an operating system loader, basic input/output system, or other firmware required at boot time or when installing the operating system;

"payment terminal" means a device the main purpose of which is to allow payments to be made by using payment instruments as defined in article 2 of the Financial Institutions Act at a physical point of sale but not in a virtual environment;

"persons with disabilities" means persons having a disability as defined in article 2 of the Act;

"placing on the market" means the first making available of a product on the Union market;

"product" means a substance, preparation, or good produced through a manufacturing process, other than food, feed, living plants and animals, products of human origin and products of plants and ACT)

animals relating directly to their future reproduction;

"public safety answering point" or "PSAP" shall have the same meaning assigned to it in article 2 of the Electronic Communications

(Regulation) Act;

"rail passenger transport services" means all rail passenger services as referred to in article 2(1) of Regulation (EC) No 1371/2007 of the European Parliament and of the Council of 23 October 2007 on rail passengers’ rights and obligations, with the exception of services referred to in article 2(2) thereof;

"real time text" means a form of text conversation in point to point situations or in multipoint conferencing where the text being entered is sent in such a way that the communication is perceived by the user as being continuous on a character-by-character basis;

"regional transport services" shall have the same meaning assigned to it in point 7 of article 3 of Directive 2012/34/EU of the European Parliament and of the Council of 21 November 2012 establishing a single European railway area (recast), but for the purposes of these regulations, it includes only the following modes of transport: rail, bus and coach, metro, tram and trolley bus;

"service" shall have the same meaning assigned to it in article 2 of the Services (Internal Market) Act;

"service provider" means any natural or legal person who provides a service on the Union market or makes offers to provide such a service to consumers in the Union;

"services providing access to audiovisual media services" means services transmitted by electronic communications networks which are used to identify, select, receive information on, and view audiovisual media services and any provided features, such as subtitles for the deaf and hard of hearing, audio description, spoken subtitles and sign language interpretation, which result from the implementation of measures to make services accessible as referred to in article 16JB of the Broadcasting Act and includes electronic programme guides

(EPGs);

"small and medium-sized enterprises" or "SMEs" means enterprises which employ fewer than two hundred and fifty (250) persons and which have an annual turnover not exceeding EUR 50 million, or an annual balance sheet total not exceeding EUR 43 million, but excludes microenterprises;

"technical specification" shall have the same meaning assigned to it in point 4 of article 2 of 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 that provides a means to comply with the accessibility requirements applicable to a product or service;

"total conversation service" shall have the same meaning assigned to it in regulation 2 of the Electronic Communications

Networks and Services (General) Regulations;

"Union" means the European Union as defined in article 2 of the

European Union Act;

"urban and suburban transport services" shall have the same meaning assigned to it in point 6 of article 3 of Directive 2012/34/EU of the European Parliament and of the Council of 21 November 2012 establishing a single European railway area (recast), but for the purposes of these regulations, it includes only the following modes of transport: rail, bus and coach, metro, tram and trolley bus;

"waterborne passenger transport services" shall have the same meaning assigned to it by Article 2(1) of Regulation (EU) No 1177/ 2010 of the European Parliament and of the Council of 24 November 2010 concerning the rights of passengers when travelling by sea and inland waterway and amending Regulation (EC) No 2006/2004, with the exception of services referred to in Article 2(2) of that Regulation;

"withdrawal" means any measure aimed at preventing a product in the supply chain from being made available on the market.