{
  "url": "https://openlegislation.uk/eu-regulation-2014-788/article-6",
  "json_url": "https://openlegislation.uk/eu-regulation-2014-788/article-6.json",
  "legislation": "eur/2014/788",
  "legislation_title": "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)",
  "legislation_url": "https://openlegislation.uk/eu-regulation-2014-788",
  "path": "article/6",
  "kind": "article",
  "number": "6",
  "heading": "Assessment of the effects of an infringement",
  "text": "When assessing the effects of each infringement, in particular the extent to which safety and the protection of the environment have been compromised, the Secretary of State shall take into account all relevant aggravating and mitigating circumstances, in particular the following:\n(a)the nature and extent of the deficiencies actually or potentially affecting the fleet certified by the organisation, which the said organisation, as a result of the infringement, has failed to detect or may not be able to detect, or has failed to or may not be able to request the timely correction of, taking into account in particularthe criteria for the detention of a ship laid down in Annex X of Directive 2009/16/EC of the European Parliament and of the Council on port State control;\n(b)the proportion of the fleet certified by the organisation actually or potentially affected;\n(c)any other circumstances posing specific identifiable risks, such as the type of the ships actually or potentially affected.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Words in Art. 6 substituted (31.12.2020) by The Merchant Shipping (Recognised Organisations) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/270), regs. 1(2), 4(6); 2020 c. 1, Sch. 5 para. 1(1)"
    },
    {
      "type": "X",
      "label": "X1",
      "text": "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)."
    },
    {
      "type": "footnote",
      "label": "f1",
      "text": "OJ L 131, 28.5.2009, p. 57 ."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/eur/2014/788/article/6",
    "retrieved_at": "2026-11-01T14:47:26.754478+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."
}