Regulation 39 Interpretation of Part VI

In this Part—

• “the applicable Chapter” means—

  1. (a)

     in the case of a declaration made pursuant to regulation 33(1)(a) or 33(1)(b), Chapter I.1(b) of the Annex;

  2. (b)

     in the case of a declaration made pursuant to regulation 33(1)(c), Chapter I.2(b) of the Annex;

  3. (c)

     in the case of a declaration made pursuant to regulation 33(1)(d), Chapter I.4 of the Annex; and

  4. (d)

     in the case of a declaration made pursuant to regulation 33(1)(e), (f), (g) or (h), Chapter II(c) of the Annex;

• “the applicable conditions” means conditions at least as stringent as the conditions laid down or referred to in the applicable Chapter;

• “approved third country establishment” means a third country establishment approved by the Minister pursuant to regulation 34(1)(a) or, as the case may be, 35(3);

• “eligible person” means a person who is entitled to submit a declaration to the Minister in accordance with Article 6.2 or 6.3 of Directive 98/51;

• “essential conditions” means the essential conditions contained or referred to in the applicable Chapter;

• “essential representative conditions”, in relation to a representative established within the United Kingdom of a third country establishment, has the same meaning as the expression “essential condition applicable to their activities” in Article 6(4)(b) of Directive 98/51 has in relation to him;

• “establishment activity” means an activity specified in sub-paragraph (a), (b), (c), (d), (e), (f), (g) or (h) of regulation 33(1); and

• “registered third country establishment” means a third country establishment registered by the Minister pursuant to regulation 34(1)(b) or, as the case may be, 35(3).