Article 5 Assessment of the seriousness of an infringementX1

When assessing the seriousness of each infringement the F1Secretary of State shall take into account all relevant aggravating and mitigating circumstances, in particular the following:

1. (a)

   whether the organisation has acted with negligence or intent;

2. (b)

   the number of actions or omissions of the recognised organisation which give rise to the infringement;

3. (c)

   whether the infringement affects isolated offices, geographical areas or the entire organisation;

4. (d)

   the recurrence of the actions or omissions of the recognised organisation giving rise to the infringement;

5. (e)

   the duration of the infringement;

6. (f)

   a misrepresentation of the actual condition of ships in the certificates and documents of compliance delivered by the recognised organisation, or the inclusion of incorrect or misleading information therein;

7. (g)

   prior sanctions, including fines, imposed on the same recognised organisation;

8. (h)

   whether the infringement results from an agreement between recognised organisations or a concerted practice, which have as their object or effect the breach of the criteria and obligations provided in Regulation (EC) No 391/2009;

9. (i)

   the degree of diligence and cooperation of the recognised organisation in the discovery of the relevant actions or omissions, as well as in the determination of the infringements by the Secretary of State.