Regulation 2 Transitional provision and savingsI1

United Kingdom

(1)

Any organisation which was—

(a)

recognised under Regulation (EC) 391/2009 on common rules and standards for ship inspection and survey organisations M1, and

(b)

authorised to act on behalf of the Secretary of State,

immediately before F1IP completion day, continues to be recognised under Regulation (EC) 391/2009.

(2)

For the purposes of the first paragraph of Article 5 of Regulation (EC) 391/2009 (requirement for preventive and remedial action), the Secretary of State may take into account matters which occurred before IP completion day and, in the Secretary of State's opinion, amount to a failure to fulfil the minimum criteria set out in Annex 1.

(3)

For the purposes of paragraph 1 of Article 6 of Regulation (EC) 391/2009 (fines and periodic penalty payments), the Secretary of State may take into account matters mentioned in sub-paragraphs (a) and (b) of paragraph 1 of Article 6 which occurred before IP completion day.

(4)

For the purposes of Article 7 of Regulation (EC) 391/2009 (withdrawal of recognition), the Secretary of State may take into account matters mentioned in paragraph 1 of Article 7 which occurred before IP completion day.

(5)

For the purposes of Article 5 (assessment of the seriousness of an infringement) and Article 6 (assessment of the effects of an infringement) of Commission Regulation (EU) 788/2014, the Secretary of State may take into account matters mentioned in those Articles which occurred before IP completion day.

Annotations

Textual amendments

F1: Words in reg. 2 substituted (31.12.2020 immediately before IP completion day) by The Merchant Shipping (Consequential Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1000), regs. 1, 4

Marginal citations

M1: No L 131, 28.5.2009, p 11.

Commencement

I1: Reg. 2 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)