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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)
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- Revised 26/07/20190.27 MB
- Revised 01/01/20150.23 MB
- Revised 17/06/20090.67 MB
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Changes over time for: Article 7
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Article 7U.K.
1.The [F1Secretary of State] shall withdraw the recognition of an organisation:
(a)whose repeated and serious failure to fulfil the minimum criteria set out in Annex I or its obligations under this Regulation is such that it constitutes an unacceptable threat to safety or the environment;
(b)whose repeated and serious failure in its safety and pollution prevention performance is such that it constitutes an unacceptable threat to safety or the environment;
(c)which prevents or repeatedly obstructs the assessment by the [F1Secretary of State];
(d)which fails to pay the fines and/or periodic penalty payments referred to in Article 6(1) and (2); or
(e)which seeks to obtain financial cover or reimbursement of any fines imposed on it pursuant to Article 6.
2.For the purpose of points (a) and (b) of paragraph 1, the [F1Secretary of State] shall decide on the basis of all the available information, including:
(a)the results of its own assessment of the recognised organisation concerned pursuant to Article 8(1);
F2(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c)analyses of casualties involving ships classed by the recognised organisations;
(d)any recurrence of the shortcomings referred to in point (a) of Article 6(1);
(e)the extent to which the fleet in the recognised organisation’s class is affected; and
(f)the ineffectiveness of the measures referred to in Article 6(2).
3.[F3The Secretary of State may decide to withdraw recognition from a recognised organisation only] after the recognised organisation concerned has been given the opportunity to submit its observations.
Textual Amendments
F1Words in Art. 7 substituted (31.12.2020) by The Merchant Shipping (Recognised Organisations) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/270), regs. 1(2), 3(7)(a) (with reg. 2(1)(4)) (as amended by S.I. 2020/1000, regs. 1, 4); 2020 c. 1, Sch. 5 para. 1(1)
F2Art. 7(2)(b) omitted (31.12.2020) by virtue of The Merchant Shipping (Recognised Organisations) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/270), regs. 1(2), 3(7)(b) (with reg. 2(1)(4)) (as amended by S.I. 2020/1000, regs. 1, 4); 2020 c. 1, Sch. 5 para. 1(1)
F3Words in Art. 7(3) substituted (31.12.2020) by The Merchant Shipping (Recognised Organisations) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/270), regs. 1(2), 3(7)(c) (with reg. 2(1)(4)) (as amended by S.I. 2020/1000, regs. 1, 4); 2020 c. 1, Sch. 5 para. 1(1)
Textual Amendments
F1Words in Art. 7 substituted (31.12.2020) by The Merchant Shipping (Recognised Organisations) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/270), regs. 1(2), 3(7)(a) (with reg. 2(1)(4)) (as amended by S.I. 2020/1000, regs. 1, 4); 2020 c. 1, Sch. 5 para. 1(1)
F2Art. 7(2)(b) omitted (31.12.2020) by virtue of The Merchant Shipping (Recognised Organisations) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/270), regs. 1(2), 3(7)(b) (with reg. 2(1)(4)) (as amended by S.I. 2020/1000, regs. 1, 4); 2020 c. 1, Sch. 5 para. 1(1)
F3Words in Art. 7(3) substituted (31.12.2020) by The Merchant Shipping (Recognised Organisations) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/270), regs. 1(2), 3(7)(c) (with reg. 2(1)(4)) (as amended by S.I. 2020/1000, regs. 1, 4); 2020 c. 1, Sch. 5 para. 1(1)
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