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