# 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), Article 3: Identification of infringements

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

1. The Secretary of State shall identify an infringement under Article 6(1) of Regulation (EC) No 391/2009 where:
(a) the serious or repeated failure by a recognised organisation to fulfil one of the minimum criteria set out in Annex I of Regulation (EC) No 391/2009 or its obligations under Articles 8(4), 9, 10 and 11 of Regulation (EC) No 391/2009 reveals serious shortcomings in a recognised organisation's structure, systems, procedures or internal controls;
(b) a recognised organisation's worsening performance, taking into account Commission Decision No 2009/491/EC, reveals serious shortcomings in that organisation's structure, systems, procedures or internal controls;
(c) a recognised organisation has deliberately provided incorrect, incomplete or misleading information to the Secretary of State in the course of its assessment or otherwise obstructed that assessment.
2. In any infringement procedure under this Regulation, the burden of proving an infringement shall rest on the Secretary of State.

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Source: https://www.legislation.gov.uk/eur/2014/788/article/3 (the official version)
Page: https://openlegislation.uk/eu-regulation-2014-788/article-3
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.