S.L. 643.6 Art. 2Interpretation. Cap. 643.    S.L. 419.07.   Cap. 460.

For the purposes of these regulations and unless the context otherwise requires:

"account holder" means a natural or legal person that holds an account in the Union registry;

"Act" means the Climate Action Act;

"administering authority" or "administering authority in respect of a shipping company" means the authority responsible for administering the EU ETS in respect of a shipping company in accordance with regulation 3;

"allowance" means an allowance to emit one (1) tonne of carbon dioxide equivalent during a specified period, which shall be valid only for the purposes of meeting the requirements of Directive 2003/87/EC and shall be transferable in accordance with the provisions of Directive 2003/87/EC;"

"auctioneer" means the Debt Management Office within TRADING SYSTEM FOR MARITIME TRANSPORT the Treasury Department appointed by the Government to auction allowances on its behalf;

"authorised representatives" means the representatives, nominated by an account holder in respect of an account in the Union registry, to have access to that account and undertake processes relating to that account on behalf of the account holder;

"Authority" means the Climate Action Authority established by article 9 of the Act;

"Commission" means the European Commission;

"confidential information" means any non-public information deemed to be sensitive by the shipping company and, or any privileged information falling within the scope of these regulations, revealed only for promoting and elaborating certain purposes. It shall include inter alia:

(a) trade secrets;

(b) any other information having a commercial value that would be, or may reasonably be expected to be destroyed or diminished if the information were disclosed; or

(c) information other than trade secrets or information under paragraph (b) concerning a person, organisation or undertaking in respect of their business, professional, commercial or financial affairs;

"cruise passenger ship" means a passenger ship not having a cargo deck, designed exclusively for commercial transportation of passengers in overnight accommodation on a sea voyage;

"Decision (EU) 2015/1814" means Decision (EU) 2015/ 1814 of the European Parliament and of the Council of 6 October 2015 concerning the establishment and operation of a market stability reserve for the Union greenhouse gas emission trading scheme and amending Directive 2003/87/EC;

"Directive 2003/87/EC" means Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a system for greenhouse gas emission allowance trading within the Union and amending Council Directive 96/ 61/EC;

"Directive 2023/959" means Directive 2023/959 amending Directive 2003/87/EC amending Directive 2003/87/ EC establishing a system for greenhouse gas emission allowance trading within the Union and Decision (EU) 2015/ 1814 concerning the establishment and operation of a market stability reserve for the Union greenhouse gas emission trading system;

"emissions" means the release, from ships performing a maritime transport activity listed in Schedule 1, of the greenhouse gases specified in respect of that activity;

"EU ETS" means the European Union Emissions Trading System established by Directive 2003/87/EC;

"HELCOM Recommendation 25/7" means HELCOM Recommendation 25/7, Safety of Winter Navigation in the Baltic Area, of the Baltic Marine Environment Protection Commission;

"Member State" means a state which is a member of the European Union and shall also include Iceland, Liechtenstein and Norway;

"Minister" means the Minister responsible for climate change policy;

"National Accreditation Board (Malta)" means the

National Accreditation Board (Malta) established by regulation

3 of the National Accreditation Board (Malta) (Establishment)

Regulations;

"national registry administrator" means the entity, designated in accordance with relevant decisions and regulations adopted by the Commission pursuant to Directive 2003/87/EC, being responsible for the management, on behalf of the Government, of shipping operator holding accounts under the jurisdiction of the Government in the Union registry;

"other relevant legal bodies" means any other entities, public or private which, by virtue of the provisions of these regulations are obliged to act, provide information, direct or re-direct any action, or inform or report to any other indicated body. This shall also include any other specified bodies or persons to which these regulations may apply;

"person" means any natural or legal person;

"port of call" means the port where a ship stops to load or unload cargo, or to embark or disembark passengers, or the port where an offshore ship stops to relieve the crew, considering that stops for the sole purposes of refuelling, obtaining supplies, relieving the crew of a ship other than an offshore ship, going TRADING SYSTEM FOR MARITIME TRANSPORT into dry-dock or making repairs to the ship and, or its equipment, stops in port because the ship is in need of assistance or in distress, ship-to-ship transfers carried out outside ports, stops for the sole purpose of taking shelter from adverse weather or rendered necessary by search and rescue activities and stops of containerships in a neighbouring container transhipment port listed in the implementing act adopted in accordance with paragraph (2) of Article 3ga of Directive 2003/87/EC are excluded;

" public" means one (1) or more persons and associations, organisations or groups of persons;

"Regulation (EC) No 336/2006" means Regulation (EC) No 336/2006 of the European Parliament and of the Council of 15 February 2006 on the implementation of the International Safety Management Code within the Community and repealing Council Regulation (EC) No 3051/95;

"Regulation (EC) No 765/2008" means 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;

"Regulation (EU) 2015/757" means Regulation (EU) 2015/757 of the European Parliament and of the Council of 29 April 2015 on the monitoring, reporting and verification of greenhouse gas emissions from maritime transport, and amending Directive 2009/16/EC;

"shipping company" means the ship owner or, if so mandated in accordance with the relevant decisions and regulations adopted by the Commission in accordance with Directive 2003/87/EC, any other organisation or person that has assumed the responsibility for the operation of the ship from the shipowner and that, on assuming such responsibility, has agreed to take over all the duties and responsibilities imposed by the International Management Code for the Safe Operation of Ships and for Pollution Prevention, set out in Annex I to Regulation

(EC) No 336/2006;

"surrender" means the accounting of an allowance by a shipping company against verified emissions;

"Union" and "European Union" shall have the same meaning as assigned to the definition "the European Union" in the European Union Act;

"Union registry" means the registry established and maintained in accordance with Article 19 of Directive 2003/87/ EC for the execution of processes pertaining to the maintenance of holding accounts and the allocation, surrender and cancellation of allowances;

"verifier" means a legal person or another legal entity carrying out verification activities in accordance with these regulations and accredited by a national accreditation body in accordance with Regulation (EC) No 765/2008 and relevant decisions and regulations adopted by the Commission in accordance with Directive 2003/87/EC, or natural person otherwise authorised, without prejudice to Article 5(2) of Regulation (EC) 765/2008, at the time a verification report is issued;

"voyage" means a voyage as defined in Article 3, point (c), of Regulation (EU) 2015/757.