Regulation (EC) No 391/2009 of the European Parliament and of the CouncilShow full title

Regulation (EC) No 391/2009 of the European Parliament and of the Council of 23 April 2009 on common rules and standards for ship inspection and survey organisations (Recast) (Text with EEA relevance)

Article 6U.K.

[X11.In addition to the measures taken under Article 5, the [F1Secretary of State] may F2... impose fines on a recognised organisation:

  • (a)whose serious or repeated failure to fulfil the minimum criteria set out in Annex I or its obligations under Articles 8(4), 9, 10 and 11,

    (a)or

  • whose worsening performance

reveals serious shortcomings in its structure, systems, procedures or internal controls; or

(b)which has deliberately provided incorrect, incomplete or misleading information to the [F1Secretary of State] in the course of its assessment pursuant to Article 8(1) or otherwise obstructed that assessment.]

2.Without prejudice to paragraph 1, where a recognised organisation fails to undertake the preventive and remedial action required by the [F1Secretary of State], or incurs unjustified delays, the [F1Secretary of State] may impose periodic penalty payments on that organisation until the required action is fully carried out.

3.The fines and periodic penalty payments referred to in paragraphs 1 and 2 shall be dissuasive and proportionate to both the gravity of the case and the economic capacity of the recognised organisation concerned, taking into account, in particular, the extent to which safety or the protection of the environment has been compromised.

They shall be imposed only after the recognised organisation [F3has] been given the opportunity to submit their observations.

The aggregate amount of the fines and periodic penalty payments imposed shall not exceed 5 % of the total average turnover of the recognised organisation in the preceding three business years for the activities falling under the scope of this Regulation.

[F44.(a)A recognised organisation may appeal to the court against a decision by the Secretary of State to require a recognised organisation to pay a fine or periodic penalty payment;

(b)An appeal must be brought within the period of 28 days beginning with the date on which the recognised organisation is notified of the Secretary of State's decision under Article 6(1) or (2);

(c)On appeal, the court may–

(i)allow the appeal and cancel the fine or periodic penalty payment;

(ii)allow the appeal and reduce the fine or periodic penalty payment;

(iii)dismiss the appeal and increase the fine or periodic penalty payment;

(iv)dismiss the appeal;

(d)An appeal–

(i)is to be a re-hearing of the Secretary of State's decision to impose a fine or a periodic penalty payment; and

(ii)may be determined having regard to matters of which the Secretary of State was unaware;

(e)Sub-paragraph (d) has effect despite any provision of rules of court;

(f)In this paragraph, a reference to “the court” is a reference–

(i)in England and Wales, to the county court;

(ii)in Scotland, to the Sheriff; and

(iii)in Northern Ireland, to a county court;

(g)But–

(i)the county court in England and Wales, or a county court in Northern Ireland, may transfer proceedings under this paragraph to the High Court; and

(ii)the sheriff may transfer proceedings under this paragraph to the Court of Session.]

Editorial Information

Textual Amendments

Editorial Information

Textual Amendments