The Merchant Shipping (Recognised Organisations) (Amendment) (EU Exit) Regulations 2019

Transitional provision and savingsU.K.

This section has no associated Explanatory Memorandum

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.