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Article 15 Periodic penalty payments for non-cooperationX1

United Kingdom

Original text. Later amendments are not shown.

1.

Where the F1Secretary of State intends to F2make a decision imposing periodic penalty payments as referred to in Article 7(1) to a recognised organisation that has failed to undertake or incurs unjustified delays in undertaking preventive and remedial action requested by the Secretary of State, F3the Secretary of State shall first notify the recognised organisation in writing.

2.

The notification by the Secretary of State in accordance with paragraph 1 shall make reference to the specific preventive and remedial action that has not been undertaken by the recognised organisation and the supporting evidence, as well as inform the recognised organisation of the periodic penalty payments that are being considered by the Secretary of State thereon.

3.

The Secretary of State shall set a time limit in which the recognised organisation may submit written observations to the Secretary of State. The Secretary of State shall not be obliged to take into account written observations received after the expiry of the time limit.

Annotations

Textual amendments

F1

Words in Art. 15 substituted (31.12.2020) by The Merchant Shipping (Recognised Organisations) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/270), regs. 1(2), 4(15)(a); 2020 c. 1, Sch. 5 para. 1(1)

F2

Word in Art. 15(1) substituted (31.12.2020) by The Merchant Shipping (Recognised Organisations) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/270), regs. 1(2), 4(15)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F3

Words in Art. 15(1) substituted (31.12.2020) by The Merchant Shipping (Recognised Organisations) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/270), regs. 1(2), 4(15)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

Editorial notes

X1

Substituted 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).