X1CHAPTER III WITHDRAWAL OF RECOGNITION
Article 10Withdrawal of recognition
1.
F1The Secretary of State may make a decision to withdraw the recognition of an organisation, in the cases referred to in Article 7(1) points (a) to (e) of Regulation (EC) No 391/2009.
2.
In order to determine whether a repeated and serious failure constitutes an unacceptable threat to safety or the environment in accordance with Article 7(1)(a) and (b) of Regulation (EC) No 391/2009, the following elements shall be taken into account:
(a)
the information and circumstances referred to in Article 7(2) of Regulation (EC) No 391/2009, particularly in light of the circumstances referred to in Articles 5 and 6 of this Regulation;
(b)
the criteria and, as the case may be, thresholds defined in Commission Decision 2009/491/EC.
3.
When fines and periodic penalty payments imposed on a recognised organisation reach the maximum ceiling established in accordance with Article 6(3) of Regulation (EC) No 391/2009 and appropriate corrective action has not been taken by the recognised organisation, the F2Secretary of State may consider that these measures have not attained their objective of removing any potential threat to safety or the environment.
F3Article 11Procedure to withdraw recognition at the request of a Member State
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