{
  "url": "https://openlegislation.uk/eu-regulation-2009-391/article-14",
  "json_url": "https://openlegislation.uk/eu-regulation-2009-391/article-14.json",
  "legislation": "eur/2009/391",
  "legislation_title": "Regulation (EC) No 391/2009 of the European Parliament and of the Council of 23 April 2009 on common rules and standards for ship inspection and survey organisations (Recast) (Text with EEA relevance)",
  "legislation_url": "https://openlegislation.uk/eu-regulation-2009-391",
  "path": "article/14",
  "kind": "article",
  "number": "14",
  "heading": null,
  "text": "1. The Secretary of State may by regulations make provision for:\n(a) criteria to measure the effectiveness of the rules and procedures as well as the performance of the recognised organisations as regards the safety of, and the prevention of pollution from, their classed United Kingdom ships, having particular regard to the data produced by the Paris Memorandum of Understanding on Port State Control or by other similar schemes;\n(b) criteria to determine when such performance is to be considered an unacceptable threat to safety or the environment, which may take into account specific circumstances affecting smaller-sized or highly specialised organisations.\n2. The Secretary of State may by regulations make provision for—\n(a) criteria to establish the amount of a fine or periodic penalty payment that may be imposed pursuant to Article 6;\n(b) a decision-making procedure to impose a fine or periodic penalty payment;\n(c) criteria against which the recognition of a recognised organisation may be withdrawn pursuant to Article 7.\n3. The Secretary of State may by regulations provide for the interpretation of the minimum criteria in Annex I and in particular may establish objectives for the general minimum criteria referred to in point 3, Part A of Annex I.\n(4.) The power to make regulations in paragraphs 1 and 3 may only be exercised where the Secretary of State considers it necessary in order to—\n(a) take account of developments at international level and in particular in the International Maritime Organization; or\n(b) improve the effectiveness of this Regulation.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Substituted by Regulation (EU) 2019/1243 of the European Parliament and of the Council of 20 June 2019 adapting a number of legal acts providing for the use of the regulatory procedure with scrutiny to Articles 290 and 291 of the Treaty on the Functioning of the European Union (Text with EEA relevance)."
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Words in Art. 14(1) substituted (31.12.2020) by The Merchant Shipping (Recognised Organisations) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/270), regs. 1(2), 3(15)(a)(i) (with reg. 2(1)) (as amended by S.I. 2020/1000, regs. 1, 4); 2020 c. 1, Sch. 5 para. 1(1)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Words in Art. 14(1) inserted (31.12.2020) by The Merchant Shipping (Recognised Organisations) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/270), regs. 1(2), 3(15)(a)(ii) (with reg. 2(1)) (as amended by S.I. 2020/1000, regs. 1, 4); 2020 c. 1, Sch. 5 para. 1(1)"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "Art. 14(2) substituted (31.12.2020) by The Merchant Shipping (Recognised Organisations) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/270), regs. 1(2), 3(15)(b) (with reg. 2(1)) (as amended by S.I. 2020/1000, regs. 1, 4); 2020 c. 1, Sch. 5 para. 1(1)"
    },
    {
      "type": "F",
      "label": "F5",
      "text": "Art. 14(3) substituted (31.12.2020) by The Merchant Shipping (Recognised Organisations) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/270), regs. 1(2), 3(15)(c) (with reg. 2(1)) (as amended by S.I. 2020/1000, regs. 1, 4); 2020 c. 1, Sch. 5 para. 1(1)"
    },
    {
      "type": "F",
      "label": "F6",
      "text": "Art. 14(4) inserted (31.12.2020) by The Merchant Shipping (Recognised Organisations) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/270), regs. 1(2), 3(15)(d) (with reg. 2(1)) (as amended by S.I. 2020/1000, regs. 1, 4); 2020 c. 1, Sch. 5 para. 1(1)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/eur/2009/391/article/14",
    "retrieved_at": "2026-11-01T14:51:31.387400+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}