Assessment of the effects of an infringement
Article 6
When assessing the effects of each infringement, in particular the extent to which safety and the protection of the environment have been compromised, the Commission shall take into account all relevant aggravating and mitigating circumstances, in particular the following: (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 ( 5 ) on port State control; (b) the proportion of the fleet certified by the organisation actually or potentially affected; (c) any other circumstances posing specific identifiable risks, such as the type of the ships actually or potentially affected.