Identification of infringements
Article 3
1. The Commission 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 ( 4 ) , 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 Commission 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 Commission.