# Commission Decision of 16 June 2009 on criteria to be followed in order to decide when the performance of an organisation acting on behalf of a flag State can be considered an unacceptable threat to safety and the environment (notified under document number C(2009) 4398) (Text with EEA relevance) (2009/491/EC), Article 3

Extent: E+W+S+N.I.

1. The Secretary of State, in determining whether an organisation acting on behalf of the Secretary of State must be considered an unacceptable threat to safety and the environment may, in addition to the criteria set out in Annex I, take into account the cases ... where:
(a) it has been proven in a court of law or in an arbitration procedure that a marine casualty involving a ship in the class of a recognised organisation has been caused by a wilful act or omission or gross negligence of such recognised organisation, its bodies, employees, agents or others who act on its behalf; and
(b) it can be considered, based on the information available to the Secretary of State, that such wilful act, omission or gross negligence has been due to shortcomings in the organisation’s structure, procedures and/or internal control.
2. The Secretary of State shall take into account the gravity of the case, and shall seek to determine whether recurrence or any other circumstances reveal the organisation’s failure to remedy the shortcomings referred to in paragraph 1 and improve its performance.

---
Source: https://www.legislation.gov.uk/eudn/2009/491/article/3 (the official version)
Page: https://openlegislation.uk/eu-decision-2009-491/article-3
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.