S.L. 234.40 Art. 11Offences.

(1) Any person who in respect of an item of equipment falling under these regulations -

(a) affixes a mark of conformity identification number or symbol in contravention of these regulations;

(b) forges, counterfeits or in any other manner alters or defaces any mark of conformity or identification number of symbol affixed in accordance with these regulations;

(c) removes any mark of conformity or identification number affixed in accordance with these regulations; or

(d) makes any alteration to the equipment after the mark of conformity or identification number or symbol has been affixed to it in accordance with these regulations so that the equipment no longer complies with the applicable international standards, shall be guilty of an offence: Provided that a person shall not be guilty of an offence by reason solely of the alteration, defacement or removal of a mark of conformity or identification symbol or number in the course of the removal adjustment or repair of any item of equipment by, or by the duly authorised agent of, a person who is a manufacturer of such equipment or is regularly engaged in the business of the repair of such equipment.

(2) Any person who places on board a Maltese ship the market, supplies or exposes or offers for supply, an item of equipment which to his knowledge -

(a) bears a mark of conformity or identification number of symbol which is a forgery or counterfeit, or which has been transferred from another item of equipment, or which has been altered or defaced otherwise than in accordance with the provisions of these regulations; or

(b) does not comply with the applicable international standards by reason of any alteration made to it after any mark of conformity or identification number, or symbol was affixed to it in accordance with these regulations, shall be guilty of an offence.

(3) Any equipment in respect of which an offence under these regulations has been committed shall be liable to be forfeited.

(4) Unless provided otherwise in the specific regulation, any person who is guilty of an offence under these regulations shall, in the case of a first offence contrary to these regulations be subject to a fine (multa) not exceeding one thousand and five hundred euro (€1,500) and in the case of a second or subsequent offence to a fine not less than one thousand and five hundred euro (€1,500) and not more than five thousand euro (€5,000).