Transitional provision and savingsU.K.
2.—(1) Any organisation which was—
(a)recognised under Regulation (EC) 391/2009 on common rules and standards for ship inspection and survey organisations M1, and
(b)authorised to act on behalf of the Secretary of State,
immediately before [F1IP completion day], continues to be recognised under Regulation (EC) 391/2009.
(2) For the purposes of the first paragraph of Article 5 of Regulation (EC) 391/2009 (requirement for preventive and remedial action), the Secretary of State may take into account matters which occurred before [F1IP completion day] and, in the Secretary of State's opinion, amount to a failure to fulfil the minimum criteria set out in Annex 1.
(3) For the purposes of paragraph 1 of Article 6 of Regulation (EC) 391/2009 (fines and periodic penalty payments), the Secretary of State may take into account matters mentioned in sub-paragraphs (a) and (b) of paragraph 1 of Article 6 which occurred before [F1IP completion day].
(4) For the purposes of Article 7 of Regulation (EC) 391/2009 (withdrawal of recognition), the Secretary of State may take into account matters mentioned in paragraph 1 of Article 7 which occurred before [F1IP completion day].
(5) For the purposes of Article 5 (assessment of the seriousness of an infringement) and Article 6 (assessment of the effects of an infringement) of Commission Regulation (EU) 788/2014, the Secretary of State may take into account matters mentioned in those Articles which occurred before [F1IP completion day].
Textual Amendments
F1Words in reg. 2 substituted (31.12.2020 immediately before IP completion day) by The Merchant Shipping (Consequential Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1000), regs. 1, 4
Commencement Information
I1Reg. 2 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)
Marginal Citations
M1No L 131, 28.5.2009, p 11.