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Commission Regulation (EU) No 788/2014Show full title
Commission Regulation (EU) No 788/2014 of 18 July 2014 laying down detailed rules for the imposition of fines and periodic penalty payments and the withdrawal of recognition of ship inspection and survey organisations pursuant to Articles 6 and 7 of Regulation (EC) No 391/2009 of the European Parliament and of the Council (Text with EEA relevance)
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Changes over time for: Article 5
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[X1Article 5U.K.Assessment of the seriousness of an infringement
When assessing the seriousness of each infringement the [F1Secretary of State] shall take into account all relevant aggravating and mitigating circumstances, in particular the following:
(a)
whether the organisation has acted with negligence or intent;
(b)
the number of actions or omissions of the recognised organisation which give rise to the infringement;
(c)
whether the infringement affects isolated offices, geographical areas or the entire organisation;
(d)
the recurrence of the actions or omissions of the recognised organisation giving rise to the infringement;
(e)
the duration of the infringement;
(f)
a misrepresentation of the actual condition of ships in the certificates and documents of compliance delivered by the recognised organisation, or the inclusion of incorrect or misleading information therein;
(g)
prior sanctions, including fines, imposed on the same recognised organisation;
(h)
whether the infringement results from an agreement between recognised organisations or a concerted practice, which have as their object or effect the breach of the criteria and obligations provided in Regulation (EC) No 391/2009;
(i)
the degree of diligence and cooperation of the recognised organisation in the discovery of the relevant actions or omissions, as well as in the determination of the infringements by the [F1Secretary of State].]
Editorial Information
X1Substituted by Corrigendum to Commission Regulation (EU) No 788/2014 of 18 July 2014 laying down detailed rules for the imposition of fines and periodic penalty payments and the withdrawal of recognition of ship inspection and survey organisations pursuant to Articles 6 and 7 of Regulation (EC) No 391/2009 of the European Parliament and of the Council (Official Journal of the European Union L 214 of 19 July 2014).
Textual Amendments
F1Words in Art. 5 substituted (31.12.2020) by The Merchant Shipping (Recognised Organisations) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/270), regs. 1(2), 4(5) (with reg. 2(5)) (as amended by S.I. 2020/1000, regs. 1, 4); 2020 c. 1, Sch. 5 para. 1(1)
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