S.L. 427.61 Art. 6Provisions concerning navigation. Free movement.

The provisions of these regulations shall not prevent from adopting provisions concerning navigation on certain waters for the purpose of protection of the environment, the fabric of waterways, and ensuring safety of waterways, provided that those provisions on the Maltese market or the putting into service in the Maltese territory of watercrafts complying with these regulations shall not be impeded.

(2) The making available on the market of partly-completed watercraft where the manufacturer or the importer declares, in accordance with Schedule III, that they are intended to be completed by others, shall not be impeded.

(3) The making available on the market or putting into service of components complying with these regulations which are intended to be incorporated into watercraft, in accordance with the declaration of the manufacturer or the importer, as referred to in regulation 16, shall not be impeded.

(4) The making available on the market or putting into service of any of the following propulsion engines shall not be impeded:

(a) engines, whether or not installed in watercraft, complying with these regulations;

(b) engines installed in watercraft and type-approved in accordance with Directive 97/68/EC which are in compliance with stage III A, stage III B or stage IV emission limits for CI engines used in other applications than propulsion of inland waterway vessels, locomotives and railcars, as provided for in point 4.1.2. of Annex I to that Directive, complying with these regulations, with the exclusion of the exhaust emission requirements set out in Part B of Schedule I;

(c) engines installed in watercraft and type-approved in accordance with Regulation (EC) No 595/2009, complying with these regulations, with the exclusion of the exhaust emission requirements set out in Part B of Schedule I.

(5) Sub-regulation (4)(b) and (c) shall apply subject to the condition that where an engine is adapted for installation in a watercraft, the person undertaking the adaptation shall ensure that full account is taken of the data and other information available from the engine manufacturer in order to ensure that, when installed in accordance with the installation instructions provided by the person adapting the engine, that engine will continue to meet the exhaust emission requirements of either Directive 97/68/EC or of Regulation (EC) No 595/2009, as declared by the engine manufacturer. The person adapting the engine shall declare, as referred to in regulation 16, that the engine will continue to meet the exhaust emission requirements of either Directive 97/68/EC or of Regulation (EC) No 595/2009, as declared by the engine manufacturer, when installed in accordance with the installation instructions supplied by the person adapting the engine. regulations and will not be made available or put into service in the Union until they have been made to comply, shall not be impeded.