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Adapting a Number of Instruments Subject to the Procedure Referred to in Article 251 of the Treaty to Council Decision 1999468EC with Regard to the Regulatory Procedure with Scrutiny Adaptation to the Regulatory Procedure with Scrutiny Part Two Regulation

Article 1: The instruments listed in the Annex are hereby adapted, in accordance with that Annex, to Decision 1999/468/EC, as amended by Decision 2006/512/EC.

Article 2: References to provisions of the instruments listed in the Annex shall be understood to be references to those provisions as adapted by this Regulation.

Article 3: This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union . Official Journal of the European Union

Recital 1

Related Recitals:
2
Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission ( 4 ) has been amended by Decision 2006/512/EC ( 5 ) , which introduced the regulatory procedure with scrutiny for the adoption of measures of general scope designed to amend non-essential elements of a basic instrument adopted in accordance with the procedure laid down in Article 251 of the Treaty, inter alia , by deleting some of those elements or by supplementing the instrument with new non-essential elements.

Recital 2

Related Recitals:
1
In accordance with the statement of the European Parliament, the Council and the Commission ( 6 ) concerning Decision 2006/512/EC, for the regulatory procedure with scrutiny to be applicable to instruments adopted in accordance with the procedure laid down in Article 251 of the Treaty which are already in force, those instruments must be adjusted in accordance with the applicable procedures.

Recital 3

Since the amendments made to instruments for this purpose are technical in nature and concern committee procedure only, they do not, in the case of directives, need to be transposed by the Member States,

HUMANITARIAN AID
Council HAR of 20 June 1996 concerning humanitarian aid ( 1 ) ( 1 )
As regards HAR, the Commission should be empowered to adopt implementing measures for that Regulation. Since those measures are of general scope and are designed to amend non-essential elements of HAR, by supplementing it with new non-essential elements, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC.
Accordingly, HAR is hereby amended as follows:
1. Council Directive 75/324/EEC of 20 May 1975 on the approximation of the laws of the Member States relating to aerosol dispensers ( 2 ) ( 2 )
As regards Directive 75/324/EEC, the Commission should be empowered to adopt the necessary technical adaptations to that Directive and the required amendments to adapt the Annex to technical progress. Since those measures are of general scope and are designed to amend non-essential elements of Directive 75/324/EEC, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC.
Accordingly, Directive 75/324/EEC is hereby amended as follows:
As regards Directive 93/15/EEC, the Commission should be empowered to adapt the Directive to take account of any future amendments to the United Nations recommendations and to set the conditions for the application of Article 14, second paragraph. Since those measures are of general scope and are designed to amend non-essential elements of Directive 93/15/EEC by supplementing it with new non-essential elements, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC.
Accordingly, Directive 93/15/EEC is hereby amended as follows:
As regards Directive 2000/14/EC, the Commission should be empowered to adopt implementing measures for the adaptation to technical progress of Annex III. Since those measures are of general scope and are designed to amend non-essential elements of Directive 2000/14/EC, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC.
Accordingly, Directive 2000/14/EC is hereby amended as follows:
As regards FR, the Commission should be empowered to adapt its annexes to technical progress, to adapt the measuring, sampling and analysis methods, to adopt rules regarding control measures and to include new types of EC fertilisers. Since those measures are of general scope and are designed to amend non-essential elements of FR, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC.
Accordingly, FR is hereby amended as follows:
As regards Directive 2004/9/EC, the Commission should be empowered to adapt Annex I to technical progress and change the formula in Article 2(2). Since those measures are of general scope and are designed to amend non-essential elements of Directive 2004/9/EC, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC.
Accordingly, Directive 2004/9/EC is hereby amended as follows:
As regards Directive 2004/10/EC, the Commission should be empowered to adapt Annex I to technical progress. Since those measures are of general scope and are designed to amend non-essential elements of Directive 2004/10/EC, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC.
Accordingly, Directive 2004/10/EC is hereby amended as follows:
As regards DPR, the Commission should be empowered to adopt implementing measures. Since those measures are of general scope and are designed to amend non-essential elements of DPR, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC.
Accordingly, DPR is hereby amended as follows:
As regards DR, the Commission should be empowered to adapt its annexes and to adopt any amendments or additions necessary for applying the rules of that Regulation to solvent-based detergents, where necessary. Since those measures are of general scope and are designed to amend non-essential elements of DR, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC.
Accordingly, DR is hereby amended as follows:
As regards Regulation 2004/726, the Commission should be empowered to adapt certain provisions and annexes, to adopt new provisions, and to lay down specific conditions of application. Since those measures are of general scope and are designed to amend non-essential elements of Regulation 2004/726, inter alia, by supplementing it with new non-essential elements, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC. inter alia,
Accordingly, Regulation 2004/726 is hereby amended as follows:
1. Council Directive 82/883/EEC of 3 December 1982 on procedures for the surveillance and monitoring of environments concerned by waste from the titanium dioxide industry ( 11 ) ( 11 )
As regards Directive 82/883/EEC, the Commission should be empowered to adapt to scientific and technical progress the contents of the Annexes as regards parameters listed in the ‘optional determination’ column and reference methods of measurement. Since those measures are of general scope and are designed to amend non-essential elements of Directive 82/883/EEC, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC.
Accordingly, Directive 82/883/EEC is hereby amended as follows:
As regards Directive 86/278/EEC, the Commission should be empowered to adapt to technical and scientific progress the provisions of the Annexes. Since those measures are of general scope and are designed to amend non-essential elements of Directive 86/278/EEC, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC.
Accordingly, Directive 86/278/EEC is hereby amended as follows:
As regards Directive 94/62/EC, the Commission should be empowered to examine and, where necessary, review the illustrative examples for the definition of packaging and to determine the conditions under which concentration levels of heavy metals present in packaging or packaging components will not apply to some materials and product loops, the types of packaging exempted from the requirement regarding concentration levels and the technical measures necessary to deal with any difficulties encountered in applying the provisions of this Directive. Since those measures are of general scope and are designed to amend non-essential elements of Directive 94/62/EC, inter alia, by supplementing it with new non-essential elements, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC. inter alia,
Accordingly, Directive 94/62/EC is hereby amended as follows:
As regards Directive 1999/32/EC, the Commission should be empowered to establish criteria for the use of emission abatement technologies by ships of all flags in enclosed ports, harbours and estuaries in the Community and to adopt amendments necessary to make technical adaptations to some provisions in the light of scientific and technical progress. Since those measures are of general scope and are designed to amend non-essential elements of Directive 1999/32/EC, inter alia, by supplementing it with new non-essential elements, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC. inter alia,
Accordingly, Directive 1999/32/EC is hereby amended as follows:
As regards Directive 2001/81/EC, the Commission should be empowered to update the methodologies to be used in accordance with Annex III. Since those measures are of general scope and are designed to amend non-essential elements of that Directive, inter alia, by supplementing it with new non-essential elements, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC. inter alia,
Accordingly, Directive 2001/81/EC is hereby amended as follows:
As regards Directive 2003/87/EC, the Commission should be empowered to adopt provisions necessary for the implementation of Article 11b(5), to adopt guidelines for the monitoring and reporting of emissions, to adopt a Regulation for a standardised and secured system of registries including provisions concerning the use and identification of CERs and ERUs in the Community scheme and the monitoring of the level of such use, to amend Annex III as laid down in Article 22, to approve inclusion of activities and greenhouse gases not listed in Annex I, to draw up any necessary provisions relating to the mutual recognition of allowances under agreements with third countries, and to adopt standardised or accepted methods for monitoring of emissions of other greenhouse gases. Since those measures are of general scope and are designed to amend non-essential elements of Directive 2003/87/EC, inter alia, by supplementing it with new non-essential elements, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC. inter alia,
Accordingly, Directive 2003/87/EC is hereby amended as follows:
As regards POPR, the Commission should be empowered to establish some concentration limits in the annexes, to amend annexes whenever a substance is listed in the Convention or the Protocol, to modify the existing entries and to adapt annexes to scientific and technical progress. Since those measures are of general scope and are designed to amend non-essential elements of POPR, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC.
Accordingly, POPR is hereby amended as follows:
As regards Directive 2004/107/EC, the Commission should be empowered to adapt certain provisions and Annexes to scientific and technical progress. Since those measures are of general scope and are designed to amend non-essential elements of Directive 2004/107/EC, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC.
Accordingly, Directive 2004/107/EC is hereby amended as follows:
As regards SWR, the Commission should be empowered to amend the annexes as laid down in Article 58 of SWR and to adopt certain additional measures as laid down in Article 59 of SWR. Since those measures are of general scope and are designed to amend non-essential elements of SWR, inter alia, by supplementing it with new non-essential elements, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC. inter alia,
Accordingly, SWR is hereby amended as follows:
1. Council Regulation (EEC) No 3924/91 of 19 December 1991 on the establishment of a Community survey of industrial production ( 20 ) ( 20 )
As regards Regulation (EEC) No 3924/91, the Commission should be empowered to update the list of products concerned by that Regulation. It should also be empowered to adopt detailed rules as regards representativeness and periodicity for certain products and to establish the arrangements for survey contents and implementing measures, including the measures for adjustment to technical progress concerning the collection of data and the processing of the results. Since those measures are of general scope and are designed to amend non-essential elements of Regulation (EEC) No 3924/91, inter alia, by supplementing it with new non-essential elements, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC. inter alia,
Accordingly, Regulation (EEC) No 3924/91 is hereby amended as follows:
As regards Directive 96/16/EC, the Commission should be empowered to adopt the definitions for the agricultural holdings among which Member States must conduct surveys of the production of milk and its use, adopt the list of milk products covered by the surveys and draw up standard definitions to be used when communicating the results to the Commission. Since those measures are of general scope and are designed to amend non-essential elements of Directive 96/16/EC by supplementing it with new non-essential elements, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC.
Accordingly, Directive 96/16/EC is hereby amended as follows:
As regards Directive 2001/109/EC, the Commission should be empowered to amend the list of species of fruit trees and the table of species surveyed in the Member States, to adopt the detailed rules for the application of certain articles and to determine the boundaries of the production areas to be adopted for Member States. Since those measures are of general scope and are designed to amend non-essential elements of Directive 2001/109/EC, inter alia, by supplementing it with new non-essential elements, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC. inter alia,
Accordingly, Directive 2001/109/EC is hereby amended as follows:
As regards RTSR, the Commission should be empowered to adapt the definitions and adopt additional provisions, to adapt the content of the annexes and to specify the information to be supplied for the reports on the quality and comparability of the results. Since those measures are of general scope and are designed to amend non-essential elements of RTSR, inter alia, by supplementing it with new non-essential elements, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC. inter alia,
Accordingly, RTSR is hereby amended as follows:
As regards Regulation 2003/437, the Commission should be empowered to establish standards of accuracy, specify data files and adopt certain implementing measures. Since those measures are of general scope and are designed to amend non-essential elements of Regulation 2003/437, inter alia, by supplementing it with new non-essential elements, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC. inter alia,
Accordingly, Regulation 2003/437 is hereby amended as follows:
As regards Regulation 2004/48, the Commission should be empowered to update the list of characteristics concerned by that Regulation. Since those measures are of general scope and are designed to amend non-essential elements of Regulation 2004/48, inter alia, by supplementing it with new non-essential elements, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC. inter alia,
Accordingly, Regulation 2004/48 is hereby amended as follows:
Directive 2004/25/EC of the European Parliament and of the Council of 21 April 2004 on takeover bids ( 26 ) ( 26 )
As regards Directive 2004/25/EC, the Commission should be empowered to adopt rules for the application of Article 6(3) to the contents of the offer document. Since those measures are of general scope and are designed to amend non-essential elements of Directive 2004/25/EC, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC.
Directive 2004/25/EC provided for a time restriction concerning the implementing powers conferred on the Commission. In their statement concerning Decision 2006/512/EC amending Decision 1999/468/EC, the European Parliament, the Council and the Commission have stated that Decision 2006/512/EC provides a horizontal and satisfactory solution to the European Parliament's wish to scrutinise the implementation of instruments adopted under the co-decision procedure and that, accordingly, implementing powers should be conferred on the Commission without time limit. Following the introduction of the regulatory procedure with scrutiny, the provision establishing that time restriction in Directive 2004/25/EC should be deleted.
Accordingly, Directive 2004/25/EC is hereby amended as follows:
1. Council Directive 79/373/EEC of 2 April 1979 on the circulation of compound feedingstuffs ( 27 ) ( 27 )
As regards Directive 79/373/EEC, the Commission should be empowered to adopt exceptions to the prescriptions on the packaging of feedingstuffs and to amend the Annex. Since those measures are of general scope and are designed to amend non-essential elements of Directive 79/373/EEC, inter alia, by supplementing it with new non-essential elements, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC. inter alia,
Accordingly, Directive 79/373/EEC is hereby amended as follows:
As regards Directive 82/471/EEC, the Commission should be empowered to adopt amendments and to lay down the criteria required to define the products included in the Directive. Since those measures are of general scope and are designed to amend non-essential elements of Directive 82/471/EEC by supplementing it with new non-essential elements, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC. On the grounds of urgency, it is necessary to apply the urgency procedure provided for in Article 5a(6) of Decision 1999/468/EC for the adoption of amendments to the Directive.
Accordingly, Directive 82/471/EEC is hereby amended as follows:
As regards Directive 96/25/EC, the Commission should be empowered to draw up and amend the list of materials whose circulation or use for animal nutrition purposes is restricted or prohibited and to amend the annex in the light of advances in scientific and technical knowledge. Since those measures are of general scope and are designed to amend non-essential elements of Directive 96/25/EC, inter alia, by supplementing it with new non-essential elements, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC. inter alia,
When, on imperative grounds of urgency, the normal time limits for the regulatory procedure with scrutiny cannot be complied with, the Commission should be able to apply the urgency procedure provided for in Article 5a(6) of Decision 1999/468/EC for the amendment of the list of materials whose circulation or use for animal nutrition purposes is restricted or prohibited.
On grounds of efficiency, the normal time limits for the regulatory procedure with scrutiny must be curtailed for the adoption of amendments to the annex in the light of advances in scientific and technical knowledge.
Accordingly, Directive 96/25/EC is hereby amended as follows:
As regards Directive 2002/32/EC, the Commission should be empowered to amend Annexes I and II and adapt them in the light of developments in scientific and technical knowledge, and to lay down additional criteria for detoxification processes. Since those measures are of general scope and are designed to amend non-essential elements of Directive 2002/32/EC, inter alia, by supplementing it with new non-essential elements, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC. inter alia,
When, on imperative grounds of urgency, the time limits normally applicable for the regulatory procedure with scrutiny cannot be complied with, the Commission should be able to apply the urgency procedure provided for in Article 5a(6) of Decision 1999/468/EC for the adaptation of Annexes I and II in the light of developments in scientific and technical knowledge.
Accordingly, Directive 2002/32/EC is hereby amended as follows:
As regards Regulation 2003/998, the Commission should be empowered to amend the list of species of animals set out in Part C of Annex I and the lists of countries and territories set out in Parts B and C of Annex II, draw up specific requirements in respect of diseases other than rabies with regard to Member States and territories listed in section 2 of Part B of Annex II, adopt conditions applicable to the movement of animals of the species listed in Part C of Annex I from third countries and adopt requirements of a technical nature in respect of the movement of animals of the species listed in Parts A and B of Annex I. Since those measures are of general scope and are designed to amend non-essential elements of that Regulation, inter alia, by supplementing it with new non-essential elements, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC. inter alia,
On grounds of efficiency, the normal time limits for the regulatory procedure with scrutiny should be curtailed for the adoption of the list of certain third countries.
Accordingly, Regulation 2003/998 is hereby amended as follows:
As regards Directive 2003/99/EC, the Commission should be empowered to establish coordinated monitoring programmes concerning zoonoses and zoonotic agents. Since those measures are of general scope and are designed to amend non-essential elements of Directive 2003/99/EC, inter alia, by supplementing it with new non-essential elements, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC. inter alia,
On grounds of urgency, it is necessary to apply the urgency procedure provided for in Article 5a(6) of Decision 1999/468/EC for the adoption of amendments to Annex I to Directive 2003/99/EC in order to add zoonoses and zoonotic agents to, or delete them from, the lists provided for therein.
Accordingly, Directive 2003/99/EC is hereby amended as follows:
As regards HFR, the Commission should be empowered to adopt provisions relating to specific hygiene rules and to the approval of establishments, and to grant derogations from Annexes I and II subject to certain conditions. Since those measures are of general scope and are designed to amend non-essential elements of HFR, inter alia, by supplementing it with new non-essential elements, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC. inter alia,
Accordingly, HFR is hereby amended as follows:
As regards Regulation 2004/853, the Commission should be empowered to adopt provisions relating to the general obligations of food business operators and to the special guarantees for placing food on the market in Sweden or Finland, and to allow derogations from the annexes subject to certain conditions. Since those measures are of general scope and are designed to amend non-essential elements of Regulation 2004/853, inter alia, by supplementing it with new non-essential elements, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC. inter alia,
Accordingly, Regulation 2004/853 is hereby amended as follows:
As regards Regulation 2004/854, the Commission should be empowered to amend or adapt the annexes thereto and to adopt transitional measures, in particular further specifications of the requirements laid down in the provisions of that Regulation. Since those measures are of general scope and are designed to amend non-essential elements of Regulation 2004/854, inter alia, by supplementing it with new non-essential elements, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC. inter alia,
Accordingly, Regulation 2004/854 is hereby amended as follows:
As regards FHR, the Commission should be empowered to define the microbiological criteria and targets to be met by feed business operators, to adopt measures for the approval of establishments, to amend Annexes I, II and III, and to grant derogations from those annexes. Since those measures are of general scope and are designed to amend non-essential elements of FHR, inter alia, by supplementing it with new non-essential elements, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC. inter alia,
Accordingly, FHR is hereby amended as follows:
1. Council Regulation (EEC) No 3821/85 of 20 December 1985 on recording equipment in road transport ( 37 ) ( 37 )
As regards Regulation (EEC) No 3821/85, the Commission should be empowered to make the necessary amendments to adapt the Annexes to technical progress. Since those measures are of general scope and are designed to amend non-essential elements of Regulation (EEC) No 3821/85, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC.
Accordingly, Regulation (EEC) No 3821/85 is hereby amended as follows:
As regards Directive 97/70/EC, the Commission should be empowered to adopt provisions for the harmonised interpretation of provisions of the Annex to the Torremolinos Protocol and for the implementation of the Directive. The Commission should also be empowered to amend certain provisions of the Directive and of the annexes thereto in order to apply, for the purpose of the Directive, subsequent amendments to the Torremolinos Protocol which entered into force after the adoption of the Directive. Since those measures are of general scope and are designed to amend non-essential elements of Directive 97/70/EC, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC.
Accordingly, Directive 97/70/EC is hereby amended as follows:
As regards Directive 1999/35/EC, the Commission should be empowered to adapt the Annexes, definitions and references to Community instruments and instruments of the International Maritime Organisation (IMO) in order to bring them into line with Community or IMO measures which have subsequently entered into force. The Commission should also be empowered to amend the annexes in order to improve the regime established by the Directive. Since those measures are of general scope and are designed to amend non-essential elements of Directive 1999/35/EC, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC.
Accordingly, Directive 1999/35/EC is hereby amended as follows:
As regards Regulation 2002/417, the Commission should be empowered to amend certain references to the relevant Regulations in MARPOL 73/78 and to Resolutions MEPC 111(50) and 94(46), in order to align the references with amendments to these Regulations and Resolutions adopted by the International Maritime Organization (IMO), in so far as such amendments do not broaden the scope of that Regulation. Since those measures are of general scope and are designed to amend non-essential elements of Regulation 2002/417, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC.
Accordingly, Regulation 2002/417 is hereby amended as follows:
As regards POCSR, the Commission should be empowered to establish a harmonised survey and certification regime for certain ships, to take certain measures as regards ships sailing under the flag of a third State, to establish port State control procedures, and to amend certain references and annexes to take account of developments at international level, in particular in the IMO, or to improve the effectiveness of that Regulation in the light of experience. Since those measures are of general scope and are designed to amend non-essential elements of POCSR, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC.
Accordingly, POCSR is hereby amended as follows:
As regards Directive 2004/8/EC, the Commission should be empowered to examine harmonised efficiency reference values for separate production of electricity and heat, to adapt the threshold values set out in Article 13 to technical progress, and to establish and adapt to technical progress the detailed guidelines for the implementation and application of Annex II of that Directive, including the determination of the power to heat ratio. Since those measures are of general scope and are designed to amend non-essential elements of Directive 2004/8/EC, inter alia, by supplementing it with new non-essential elements, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC. inter alia,
Accordingly, Directive 2004/8/EC is hereby amended as follows:
As regards Directive 2004/52/EC, the Commission should be empowered to adapt the annex and to take decisions relating to the definition of the European electronic toll service. The Commission should also be empowered to take technical decisions relating to the realisation of the European electronic toll service. Since those measures are of general scope and are designed to amend non-essential elements of Directive 2004/52/EC, inter alia, by supplementing it with new non-essential elements, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC. inter alia,
Accordingly, Directive 2004/52/EC is hereby amended as follows:
As regards ESPFSR, the Commission should be empowered to decide whether amendments to the Annexes, which concern certain special measures to enhance maritime security of the International Convention for the Safety of Life at Sea, and of the International Code for the security of ships and of port facilities, that apply automatically to international traffic should also apply to ships operating domestic services and the port facilities serving them. Since those measures are of general scope and are designed to amend non-essential elements of ESPFSR, inter alia, by supplementing it with new non-essential elements, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC. inter alia,
ESPFSR lays down security requirements and measures and is based on international instruments that are subject to amendment. Where, on imperative grounds of urgency, the normal time-limits for the regulatory procedure with scrutiny cannot be complied with, the Commission should be able to have recourse to the urgency procedure provided for in Article 5a(6) of Decision 1999/468/EC.
Accordingly, ESPFSR is hereby amended as follows:
As regards Regulation 2004/789, the Commission should be empowered to amend certain definitions in order to take account of developments at international level, in particular in the International Maritime Organisation (IMO), and to improve the effectiveness of the Regulation in the light of experience and technical progress. Since those measures are of general scope and are designed to amend non-essential elements of Regulation 2004/789, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC.
Accordingly, Regulation 2004/789 is hereby amended as follows:
As regards Directive 2005/44/EC, the Commission should be empowered to adapt the annexes to technical progress. Since those measures are of general scope and are designed to amend non-essential elements of Directive 2005/44/EC, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC.
Accordingly, Directive 2005/44/EC is hereby amended as follows:
As regards Directive 2005/65/EC, the Commission should be empowered to adapt the Annexes thereto. Since those measures are of general scope and are designed to amend non-essential elements of Directive 2005/65/EC, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC.
Directive 2005/65/EC lays down security requirements and measures and is based on international instruments that are subject to amendment. Where, on imperative grounds of urgency, the normal time-limits for the regulatory procedure with scrutiny cannot be complied with, the Commission should be able to have recourse to the urgency procedure provided for in Article 5a(6) of Decision 1999/468/EC for the adaptation of its Annexes.
Accordingly, Articles 14 and 15 of Directive 2005/65/EC shall be replaced by the following:
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( 29 ) OJ L 125, 23.5.1996, p. 35 .
( 30 ) OJ L 140, 30.5.2002, p. 10 .
( 31 ) OJ L 146, 13.6.2003, p. 1 .
( 32 ) OJ L 325, 12.12.2003, p. 31 .
( 33 ) OJ L 139, 30.4.2004, p. 1 .
( 34 ) OJ L 139, 30.4.2004, p. 55 .
( 35 ) OJ L 139, 30.4.2004, p. 206 .
( 36 ) OJ L 35, 8.2.2005, p. 1 .
( 37 ) OJ L 370, 31.12.1985, p. 8 .
( 38 ) OJ L 34, 9.2.1998, p. 1 .
( 39 ) OJ L 138, 1.6.1999, p. 1 .
( 40 ) OJ L 64, 7.3.2002, p. 1 .
( 41 ) OJ L 115, 9.5.2003, p. 1 .
( 42 ) OJ L 52, 21.2.2004, p. 50 .
( 43 ) OJ L 166, 30.4.2004, p. 124 .
( 44 ) OJ L 129, 29.4.2004, p. 6 .
( 45 ) OJ L 138, 30.4.2004, p. 19 .
( 46 ) OJ L 255, 30.9.2005, p. 152 .
( 47 ) OJ L 310, 25.11.2005, p. 28 .

1.
in Article 13, the fourth paragraph shall be replaced by the following: ‘Decisions to continue operations adopted by the emergency procedure shall be taken by the Commission, acting in accordance with the management procedure referred to in Article 17(2) and within the limits set in the second indent of Article 15(2).’;
2.
Article 15 shall be replaced by the following:
3.
Article 17 shall be replaced by the following:
2
ENTERPRISE
1.
Article 5 shall be replaced by the following:
2.
Article 7 is hereby amended as follows:
a
paragraph 2 shall be replaced by the following:
b
paragraph 3 shall be deleted;
3.
in Article 10, paragraph 3 shall be replaced by the following:
2
2. Council Directive 93/15/EEC of 5 April 1993 on the harmonisation of the provisions relating to the placing on the market and supervision of explosives for civil uses ( 3 ) ( 3 )
1.
Article 13 shall be replaced by the following:
2.
the second paragraph of Article 14 shall be replaced by the following: ‘Member States shall ascertain whether such undertakings possess a system for keeping track of explosives such that those holding explosives can be identified at any time. The Commission may adopt measures setting the conditions for the application of this paragraph. Those measures, designed to amend non-essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 13(4).’
2
3. Directive 2000/14 of the European Parliament and of the Council of 8 May 2000 on the approximation of the laws of the Member States relating to the noise emission in the environment by equipment for use outdoors ( 4 ) . ( 4 )
1.
Article 18 shall be amended as follows:
a
paragraph 2 shall be replaced by the following:
b
paragraph 3 shall be deleted;
2.
the following Article shall be inserted:
3.
in Article 19, point (b) shall be replaced by the following:
‘b
assist the Commission in the adaptation to technical progress of Annex III.’
2
4. FR of the European Parliament and of the Council of 13 October 2003 relating to fertilisers ( 5 ) ( 5 )
1.
in Article 29, paragraph 4 shall be replaced by the following:
2.
Article 31 is hereby amended as follows:
a
paragraph 1 shall be replaced by the following:
b
paragraph 3 shall be replaced by the following:
c
the following paragraph shall be added:
3.
Article 32 shall be replaced by the following:
2
5. GLP of the European Parliament and of the Council of 11 February 2004 on the inspection and verification of good laboratory practice (GLP) (codified version) ( 6 ) ( 6 )
1.
Article 6(3) shall be replaced by the following:
2.
Article 7 shall be replaced by the following: ( *1 ) OJ 196, 16.8.1967, p. 1 .’;"
3.
Article 8(2) shall be replaced by the following:
2
6. Directive 2004/10 of the European Parliament and of the Council of 11 February 2004 on the harmonisation of laws, regulations and administrative provisions relating to the application of the principles of good laboratory practice and the verification of their applications for tests on chemical substances (codified version) ( 7 ) ( 7 )
1.
the following Article shall be inserted:
2.
Article 4 shall be replaced by the following: ( *2 ) OJ 196, 16.8.1967, p. 1 .’;"
3.
in Article 5(2) the third subparagraph shall be replaced by the following: ‘The Commission may adopt implementing measures to introduce necessary technical adaptations of this Directive. Those measures, designed to amend non-essential elements of this Directive, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 4(2). In the case referred to in the third subparagraph, the Member State which adopted the safeguard measures may maintain them until the entry into force of those adaptations.’
2
7. DPR of the European Parliament and of the Council of 11 February 2004 on drug precursors ( 8 ) ( 8 )
1.
Article 14 is hereby amended as follows:
a
the introductory sentence shall be replaced by the following: ‘Where necessary, the Commission shall adopt implementing measures concerning the following:’;
b
the following paragraphs shall be added: ‘The measures referred to in points (a) to (e) of the first paragraph, designed to amend non-essential elements of this Regulation, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 15(3). The measures referred to in point (f) of the first paragraph shall be adopted in accordance with the management procedure referred to in Article 15(2).’;
2.
Article 15 shall be replaced by the following: ( *3 ) OJ L 22, 26.1.2005, p. 1 .’ "
2
8. DR of the European Parliament and of the Council of 31 March 2004 on detergents ( 9 ) ( 9 )
1.
Recital 27 shall be deleted;
2.
Article 12 shall be replaced by the following:
3.
Article 13 shall be replaced by the following:
4.
in Annex VII, point A, the sixth paragraph shall be replaced by the following: ‘If individual risk-based concentration limits for the fragrance allergens are subsequently established by the SCCNFP, the Commission shall propose the adoption of such limits to replace the limit of 0.01 % mentioned above. Those measures, designed to amend non-essential elements of this Regulation, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 12(3).’
2
9. Regulation 2004/726 of the European Parliament and of the Council of 31 March 2004 laying down Community procedures for the authorisation and supervision of medicinal products for human and veterinary use and establishing a European Medicines Agency ( 10 ) ( 10 )
1.
Article 3(4) shall be replaced by the following:
2.
in Article 14(7), the third subparagraph shall be replaced by the following: ‘The Commission shall adopt a Regulation laying down provisions for granting such authorisation. That measure, designed to amend non-essential elements of this Regulation by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 87(2a).’;
3.
Article 16(4) shall be replaced by the following:
4.
Article 24 is hereby amended as follows:
a
in paragraph 2, the first subparagraph shall be replaced by the following: ‘The holder of the marketing authorisation for a medicinal product for human use shall ensure that all suspected serious unexpected adverse reactions and any suspected transmission via a medicinal product of any infectious agent occurring in the territory of a third country are reported promptly to Member States and the Agency, and no later than 15 days following receipt of the information. The Commission shall adopt provisions for the reporting of suspected unexpected adverse reactions which are not serious, whether occurring in the Community or in a third country. Those measures, designed to amend non-essential elements of this regulation by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 87(2a).’;
b
paragraph 4 shall be replaced by the following:
5.
Article 29 shall be replaced by the following:
6.
Article 41(6) shall be replaced by the following:
7.
Article 49 is hereby amended as follows:
a
in paragraph 2 the first subparagraph shall be replaced by the following: ‘The holder of the marketing authorisation for a veterinary medicinal product shall ensure that all suspected serious unexpected adverse reactions, and adverse human reactions, and any suspected transmission via a medicinal product of any infectious agent occurring in the territory of a third country are reported promptly to the Member States and the Agency, and no later than 15 days following receipt of the information. The Commission shall adopt provisions for the reporting of suspected unexpected adverse reactions which are not serious, whether occurring in the Community or in a third country. Those measures, designed to amend non-essential elements of this Regulation by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 87(2a).’;
b
paragraph 4 shall be replaced by the following:
8.
Article 54 shall be replaced by the following:
9.
Article 70(2) shall be replaced by the following:
10.
in Article 84(3), the first subparagraph shall be replaced by the following: ‘At the Agency's request, the Commission may impose financial penalties on the holders of marketing authorisations granted under this Regulation if they fail to observe certain obligations laid down in connection with the authorisations. The maximum amounts as well as the conditions and methods for collection of these penalties shall be laid down by the Commission. Those measures, designed to amend non-essential elements of this Regulation by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 87(2a).’;
11.
Article 87 is hereby amended as follows:
a
the following paragraph shall be inserted:
b
paragraph 4 shall be deleted.
3
ENVIRONMENT
1.
Article 9 shall be replaced by the following:
2.
Article 11 shall be replaced by the following:
3
2. Council Directive 86/278/EEC of 12 June 1986 on the protection of the environment, and in particular of the soil, when sewage sludge is used in agriculture ( 12 ) ( 12 )
1.
Article 13 shall be replaced by the following:
2.
Article 15 shall be replaced by the following:
3
3. European Parliament and Council PPWD of 20 December 1994 on packaging and packaging waste ( 13 ) ( 13 )
1.
in Article 3(1), the fourth subparagraph shall be replaced by the following: ‘The Commission shall, as appropriate, examine and, where necessary, review the illustrative examples for the definition of packaging given in Annex I. As a priority, the following items shall be addressed: CD and video cases, flower pots, tubes and cylinders around which flexible material is wound, release paper of self-adhesive labels and wrapping paper. Those measures, designed to amend non-essential elements of this Directive, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 21(3).’;
2.
Article 11(3) shall be replaced by the following:
3.
Article 12(3) shall be replaced by the following:
4.
Article 19 shall be replaced by the following:
5.
Article 20(1) shall be replaced by the following:
6.
Article 21(3) shall be replaced by the following:
3
4. Council Directive 1999/32 of 26 April 1999 relating to a reduction in the sulphur content of certain liquid fuels ( 14 ) ( 14 )
1.
Article 4c(3) shall be replaced by the following:
2.
Article 7(4) shall be replaced by the following:
3.
Article 9 shall be replaced by the following:
3
5. NECCAPD of the European Parliament and of the Council of 23 October 2001 on national emission ceilings for certain atmospheric pollutants ( 15 ) ( 15 )
1.
Article 7(4) shall be replaced by the following:
2.
Article 13(3) shall be replaced by the following:
3
6. Directive 2003/87 of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community ( 16 ) ( 16 )
1.
in Article 11b, paragraph 7 shall be replaced by the following:
2.
in Article 14(1), the first sentence shall be replaced by the following: ‘The Commission shall adopt guidelines for the monitoring and reporting of emissions resulting from the activities listed in Annex I of greenhouse gases specified in relation to those activities. Those measures, designed to amend non-essential elements of this Directive, by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 23(3).’;
3.
Article 19(3) shall be replaced by the following:
4.
Article 22 shall be replaced by the following:
5.
Article 23(3) shall be replaced by the following:
6.
Article 24 shall be amended as follows:
a
paragraph 1 shall be replaced by the following:
b
paragraph 3 shall be replaced by the following:
7.
Article 25(2) shall be replaced by the following:
8.
in Annex IV, the paragraph under the heading ‘Monitoring of emissions of other greenhouse gases’ shall be replaced by the following: ‘Standardised or accepted methods shall be used, developed by the Commission in collaboration with all relevant stakeholders. Those measures, designed to amend non-essential elements of this Directive, by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 23(3).’.
3
7. POPR of the European Parliament and of the Council of 29 April 2004 on persistent organic pollutants ( 17 ) ( 17 )
1.
Article 7 shall be amended as follows:
a
in paragraph 4, point (a) shall be replaced by the following:
‘a
waste containing or contaminated by any substance listed in Annex IV may be otherwise disposed of or recovered in accordance with the relevant Community legislation, provided that the content of the listed substances in the waste is below the concentration limits to be specified in Annex IV. Those measures, designed to amend non-essential elements of this Regulation, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 17(3). Until such time as concentration limits are established in accordance with such procedure, the competent authority of a Member State may adopt or apply concentration limits or specific technical requirements in respect of the disposal or recovery of waste under this point.’;
b
in paragraph 5, the first subparagraph shall be replaced by the following: ‘Concentration limits in Annex V, part 2 shall be established by the Commission for the purposes of paragraph 4(b) of this Article. Those measures, designed to amend non-essential elements of this Regulation, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 17(3).’;
2.
Article 14 shall be replaced by the following:
3.
Article 16(3) shall be replaced by the following:
4.
Article 17(3) shall be replaced by the following:
3
8. Directive 2004/107 of the European Parliament and of the Council of 15 December 2004 relating to arsenic, cadmium, mercury, nickel and polycyclic aromatic hydrocarbons in ambient air ( 18 ) ( 18 )
1.
Article 4 shall be amended as follows:
a
paragraph 9 shall be replaced by the following:
b
paragraph 15 shall be replaced by the following:
2.
Article 5(4) shall be replaced by the following:
3.
Article 6(3) shall be replaced by the following:
4.
Annex V, point V shall be replaced by the following: ‘V.   Reference air quality modelling techniques Reference air quality modelling techniques cannot be specified at present. The Commission may make amendments to adapt this point to scientific and technical progress. Those measures, designed to amend non-essential elements of this Directive, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 6(3).’
3
9. SWR of the European Parliament and of the Council of 14 June 2006 on shipments of waste ( 19 ) ( 19 )
1.
in Article 11(3), the third subparagraph shall be replaced by the following: ‘If there is no satisfactory solution, either Member State may refer the matter to the Commission. The issue shall then be determined in accordance with the regulatory procedure referred to in Article 59a(2).’;
2.
Article 58 shall be replaced by the following: ( *4 ) OJ L 377, 31.12.1991, p. 48 .’;"
3.
Article 59 shall be replaced by the following:
4.
The following Article shall be inserted:
5.
Article 63 shall be amended as follows:
a
in paragraph 2, the third subparagraph shall be replaced by the following: ‘With the exception of glass waste, paper waste and waste pneumatic tyres, this period may be extended until no later than 31 December 2012 in accordance with the regulatory procedure referred to in Article 59a(2).’;
b
in paragraph 4, the third subparagraph shall be replaced by the following: ‘This period may be extended until no later than 31 December 2012 in accordance with the regulatory procedure referred to in Article 59a(2).’;
c
paragraph 5 shall be amended as follows:
i
the third subparagraph shall be replaced by the following: ‘This period may be extended until no later than 31 December 2015 in accordance with the regulatory procedure referred to in Article 59a(2).’;
ii
the fifth subparagraph shall be replaced by the following: ‘This period may be extended until no later than 31 December 2015 in accordance with the regulatory procedure referred to in Article 59a(2).’
4
EUROSTAT
1.
Article 2(6) shall be replaced by the following:
2.
Article 3 shall be amended as follows:
a
in paragraph 2 the words ‘in accordance with the procedure laid down in Article 10’ shall be replaced by the words ‘in accordance with the management procedure referred to in Article 10(2).’;
b
paragraph 5 shall be replaced by the following:
3.
Article 4 shall be replaced by the following:
4.
Article 5(1) shall be replaced by the following:
5.
Article 6 shall be replaced by the following:
6.
in Article 7(2) the words ‘in accordance with the procedure laid down in Article 10’ shall be replaced by the words ‘in accordance with the management procedure referred to in Article 10(2)’;
7.
Article 9 shall be deleted;
8.
Article 10 shall be replaced by the following: ( *5 ) OJ L 181, 28.6.1989, p. 47 .’ "
4
2. Council SSMMPD of 19 March 1996 on statistical surveys of milk and milk products ( 21 ) ( 21 )
1.
in Article 1, point 2 shall be replaced by the following:
2.
Article 3(2) and (3) shall be replaced by the following:
3.
in Article 5(2) and Article 6(1), the words ‘in accordance with the procedure laid down in Article 7’ shall be replaced by the words ‘in accordance with the regulatory procedure referred to in Article 7(2).’;
4.
Article 7 shall be replaced by the following:
4
3. Directive 2001/109 of the European Parliament and of the Council of 19 December 2001 concerning the statistical surveys to be carried out by the Member States in order to determine the production potential of plantations of certain species of fruit trees ( 22 ) ( 22 )
1.
the third subparagraph of Article 1(2) shall be replaced by the following: ‘The list of said species and the said table may be amended by the Commission. Those measures, designed to amend non-essential elements of this Directive, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 8(2).’;
2.
Article 2(2) shall be replaced by the following:
3.
Article 3(4) shall be replaced by the following:
4.
Article 4(2) shall be replaced by the following:
5.
Article 8 shall be replaced by the following: ( *6 ) OJ L 179, 7.8.1972, p. 1 .’ "
4
4. RTSR of the European Parliament and of the Council of 16 December 2002 on rail transport statistics ( 23 ) ( 23 )
1.
Article 3(2) shall be replaced by the following:
2.
Article 4 is hereby amended as follows:
a
paragraph 2 shall be replaced by the following:
b
paragraph 5 shall be replaced by the following:
3.
Article 10 shall be replaced by the following:
4.
Article 11 shall be replaced by the following:
5.
in point 5 of Annex H the words ‘according to the procedure of Article 11(2)’ shall be replaced by the words ‘in accordance with the regulatory procedure with scrutiny referred to in Article 11(3).’
4
5. Regulation 2003/437 of the European Parliament and of the Council of 27 February 2003 on statistical returns in respect of the carriage of passengers, freight and mail by air ( 24 ) ( 24 )
1.
Article 5 shall be replaced by the following:
2.
Article 7(2) shall be replaced by the following:
3.
Article 10 shall be replaced by the following:
4.
Article 11 shall be replaced by the following:
4
6. Regulation 2004/48 of the European Parliament and of the Council of 5 December 2003 on the production of annual Community statistics on the steel industry for the reference years 2003-2009 ( 25 ) ( 25 )
1.
Article 7 shall be replaced by the following:
2.
Article 8(3) shall be replaced by the following:
5
INTERNAL MARKET
1.
Article 6(4) shall be replaced by the following:
2.
Article 18 shall be amended as follows:
a
paragraph 2 shall be replaced by the following:
b
paragraph 3 shall be deleted.
6
HEALTH AND CONSUMER PROTECTION
1.
Article 4(2) shall be replaced by the following:
2.
Article 10 shall be replaced by the following:
3.
Article 13(3) shall be replaced by the following:
6
2. Council Directive 82/471/EEC of 30 June 1982 concerning certain products used in animal nutrition ( 28 ) ( 28 )
1.
Article 6 is hereby amended as follows:
a
paragraph 1 shall be replaced by the following:
b
paragraph 3 shall be replaced by the following:
2.
in the second subparagraph of Article 7(2), the words ‘the procedure laid down in Article 13’ shall be replaced by the words ‘the regulatory procedure referred to in Article 13(2).’;
3.
Article 8(3) shall be replaced by the following:
4.
Article 13 shall be amended as follows:
a
paragraph 3 shall be replaced by the following:
b
the following paragraph shall be added:
5.
Article 14 shall be deleted.
6
3. Council CFMD of 29 April 1996 on the circulation and use of feed materials ( 29 ) ( 29 )
1.
the second indent of Article 5(1)(g) shall be replaced by the following:
‘—
Community measures included on a list to be drawn up by the Commission. That measure, designed to amend non-essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 13(3);’;
2.
Article 11 shall be replaced by the following:
3.
Article 13 shall be amended as follows:
a
paragraph 3 shall be replaced by the following:
b
the following paragraphs shall be added:
6
4. USIAFCSD of the European Parliament and of the Council of 7 May 2002 on undesirable substances in animal feed ( 30 ) ( 30 )
1.
the first subparagraph of Article 7(2) shall be replaced by the following:
2.
Article 8(1) and (2) shall be replaced by the following:
3.
Article 11 shall be replaced by the following: ( *7 ) OJ L 170, 3.8.1970, p. 1 .’;"
4.
Article 12 shall be deleted.
6
5. Regulation 2003/998 of the European Parliament and of the Council of 26 May 2003 on the animal health requirements applicable to the non-commercial movements of pet animals ( 31 ) ( 31 )
1.
Article 7 shall be replaced by the following:
2.
Article 9 shall be replaced by the following:
3.
Article 10 is hereby amended as follows:
a
the introductory phrase shall be replaced by the following: ‘The list of third countries provided for in part C of Annex II shall be drawn up by the Commission. To be included on that list, a third country must first demonstrate its status with regard to rabies and that:’;
b
the following subparagraph shall be added: ‘Those measures, designed to amend non-essential elements of this Regulation, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 24(5).’;
4.
in Article 17, the first paragraph shall be replaced by the following: ‘For the movement of animals of the species listed in Parts A and B of Annex I, requirements of a technical nature other than those laid down by this Regulation may be adopted by the Commission. Those measures, designed to amend non-essential elements of this Regulation by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 24(4).’;
5.
Article 19 shall be replaced by the following:
6.
Article 21 shall be replaced by the following:
7.
Article 24 is hereby amended as follows:
a
paragraph 4 shall be replaced by the following:
b
the following paragraph shall be added:
6
6. MZZAD of the European Parliament and of the Council of 17 November 2003 on the monitoring of zoonoses and zoonotic agents ( 32 ) ( 32 )
1.
in Article 4, paragraph 4 shall be amended as follows:
a
the introductory phrase shall be replaced by the following: ‘Annex I may be amended by the Commission to add zoonoses or zoonotic agents to, or delete them from, the lists therein, taking account in particular of the following criteria:’;
b
the following subparagraph shall be added: ‘Those measures, designed to amend non-essential elements of this Directive, shall be adopted in accordance with the urgency procedure referred to in Article 12(4).’;
2.
Article 5(1) shall be replaced by the following:
3.
Article 11 shall be replaced by the following:
4.
Article 12 shall be amended as follows:
a
paragraph 3 shall be replaced by the following:
b
the following paragraph shall be added:
6
7. HFR of the European Parliament and of the Council of 29 April 2004 on the hygiene of foodstuffs ( 33 ) ( 33 )
1.
Article 4(4) shall be replaced by the following:
2.
Article 6(3)(c) shall be replaced by the following:
‘c
by a decision adopted by the Commission. That measure, designed to amend non-essential elements of this Regulation, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 14(3).’;
3.
Article 12 shall be replaced by the following:
4.
Article 13 shall be amended as follows:
a
paragraph 1 shall be amended as follows:
i
the introductory sentence shall be replaced by the following: ‘Annexes I and II may be adapted or updated by the Commission taking into account:’;
ii
the following subparagraph shall be added: ‘Those measures, designed to amend non-essential elements of this Regulation, inter alia, by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 14(3).’;
b
paragraph 2 shall be replaced by the following:
5.
Article 14(3) shall be replaced by the following:
6
8. Regulation 2004/853 of the European Parliament and of the Council of 29 April 2004 laying down specific hygiene rules for food of animal origin ( 34 ) ( 34 )
1.
in Article 3(2), the first sentence shall be replaced by the following: ‘Food business operators shall not use any substance other than potable water — or, when HFR or this Regulation permits its use, clean water — to remove surface contamination from products of animal origin, unless use of the substance has been approved by the Commission. Those measures, designed to amend non-essential elements of this Regulation by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 12(3).’;
2.
Article 8(3) shall be replaced by the following:
3.
Article 9 shall be replaced by the following:
4.
Article 10 is hereby amended as follows:
a
paragraph 1 shall be amended as follows:
i
the introductory wording shall be replaced by the following: ‘Annexes II and III may be adapted or updated by the Commission taking into account:’;
ii
the following subparagraph shall be added: ‘Those measures, designed to amend non-essential elements of this Regulation, inter alia, by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 12(3).’;
b
paragraph 2 shall be replaced by the following:
5.
the introductory wording of Article 11 shall be replaced by the following: ‘Without prejudice to the general application of Article 9 and Article 10(1), implementing measures may be laid down in accordance with the regulatory procedure referred to in Article 12(2), and amendments to Annex II or III, as measures designed to amend non-essential elements of this Regulation, may be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 12(3):’;
6.
Article 12(3) shall be replaced by the following:
6
9. Regulation 2004/854 of the European Parliament and of the Council of 29 April 2004 laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption ( 35 ) ( 35 )
1.
Article 16 shall be replaced by the following:
2.
Article 17(1) and (2) shall be replaced by the following:
3.
the introductory wording of Article 18 shall be replaced by the following: ‘Without prejudice to the general application of Article 16 and Article 17(1), implementing measures may be laid down in accordance with the regulatory procedure referred to in Article 19(2), and amendments to Annexes I, II, III, IV, V or VI, as measures designed to amend non-essential elements of this Regulation, may be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 19(3), to specify:’;
4.
Article 19(3) shall be replaced by the following:
6
FHR of the European Parliament and of the Council of 12 January 2005 laying down requirements for feed hygiene ( 36 ) ( 36 )
1.
the second subparagraph of Article 5(3) shall be replaced by the following: ‘The criteria and targets referred to in points (a) and (b) shall be defined by the Commission. Those measures, designed to amend non-essential elements of this Regulation by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 31(3).’;
2.
in Article 10, point (3) shall be replaced by the following:
3.
Article 27 shall be replaced by the following:
4.
Article 28 shall be replaced by the following:
5.
Article 31(3) shall be replaced by the following:
7
ENERGY AND TRANSPORT
1.
in Article 5, the second subparagraph shall be replaced by the following: ‘The system's security must comply with the technical requirements laid down in Annex IB. The Commission shall ensure that the said Annex stipulates that recording equipment may not be granted EC component type-approval until the whole system (the recording equipment itself, driver card and electrical gearbox connections) has demonstrated its capacity to resist attempts to tamper with or alter the data on driving times. Those measures, designed to amend non-essential elements of this Regulation, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 18(2). The tests necessary to establish this shall be carried out by experts familiar with up-to-date tampering techniques.’;
2.
Article 17(1) shall be replaced by the following:
3.
Article 18 shall be replaced by the following:
7
2. Council Directive 1997/70 of 11 December 1997 setting up a harmonised safety regime for fishing vessels of 24 metres in length and over ( 38 ) ( 38 )
1.
in Article 4(4)(b), the words ‘in accordance with the procedure laid down in Article 9’ shall be replaced by the words ‘in accordance with the regulatory procedure referred to in Article 9(2).’;
2.
in Article 8, the first subparagraph shall be replaced by the following: ‘The following adaptations, designed to amend non-essential elements of this Directive, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 9(3):
a
provisions may be adopted and incorporated for:
—
a harmonised interpretation of those provisions of the Annex to the Torremolinos Protocol which have been left to the discretion of the administrations of individual contracting parties, as far as necessary to ensure their consistent implementation in the Community,
—
the implementation of this Directive without broadening its scope,
b
Articles 2, 3, 4, 6 and 7 of this Directive may be adapted and its Annexes may be amended in order to apply, for the purpose of this Directive, subsequent amendments to the Torremolinos Protocol which have entered into force after the adoption of this Directive.’;
3.
Article 9 shall be replaced by the following: ( *8 ) OJ L 324, 29.11.2002, p. 1 ." ( *9 ) OJ L 184, 17.7.1999, p. 23 .’ "
7
3. Council Directive 1999/35 of 29 April 1999 on a system of mandatory surveys for the safe operation of regular ro-ro ferry and high-speed passenger craft services ( 39 ) ( 39 )
1.
in Article 4(1)(d), last sentence, Article 11(6) and (8) and Article 13(3), second and last sentences, the words ‘the procedure laid down in Article 16’ shall be replaced by the words ‘the regulatory procedure referred to in Article 16(2).’;
2.
Article 16 shall be replaced by the following: ( *10 ) OJ L 324, 29.11.2002, p. 1 .’;"
3.
Article 17 shall be replaced by the following:
7
4. Regulation 2002/417 of the European Parliament and of the Council of 18 February 2002 on the accelerated phasing-in of double hull or equivalent design requirements for single hull oil tankers ( 40 ) ( 40 )
1.
Article 10 shall be replaced by the following: ( *11 ) OJ L 324, 29.11.2002, p. 1 .’;"
2.
in Article 11, the first paragraph shall be replaced by the following: ‘The Commission may amend the references in this Regulation to the Regulations of Annex I to MARPOL 73/78, as well as to Resolutions MEPC 111(50) and 94(46) as amended by MEPC Resolutions 99(48) and 112(50), in order to align the references with amendments to those Regulations and Resolutions adopted by the IMO, in so far as such amendments do not broaden the scope of this Regulation. Those measures, designed to amend non-essential elements of this Regulation, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 10(2).’
7
5. POCSR of the European Parliament and of the Council of 14 April 2003 on the prohibition of organotin compounds on ships ( 41 ) ( 41 )
1.
Article 6 shall be amended as follows:
a
in paragraph 1(b), the second subparagraph shall be replaced by the following: ‘If necessary, the Commission may establish a harmonised survey and certification regime for these ships. That measure, designed to amend non-essential elements of this Regulation, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 9(2).’;
b
paragraph 3 shall be replaced by the following:
2.
in Article 7, the second paragraph shall be replaced by the following: ‘If the AFS-Convention has not entered into force by 1 January 2007, the Commission shall establish appropriate procedures for these controls. Those measures, designed to amend non-essential elements of this Regulation, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 9(2).’;
3.
Article 8 shall be replaced by the following:
4.
Article 9 shall be replaced by the following: ( *12 ) OJ L 324, 29.11.2002, p. 1 .’ "
7
6. Directive 2004/8 of the European Parliament and of the Council of 11 February 2004 on the promotion of cogeneration based on a useful heat demand in the internal energy market ( 42 ) ( 42 )
1.
Article 4(2) shall be replaced by the following:
2.
Article 13 shall be replaced by the following:
3.
Article 14 shall be replaced by the following:
4.
in Annex II, point (e) shall be replaced by the following:
‘e
The Commission shall establish detailed guidelines for the implementation and application of Annex II, including the determination of the power to heat ratio. Those measures, designed to amend non-essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 14(2).’
7
7. IERTSICD of the European Parliament and of the Council of 29 April 2004 on the interoperability of electronic road toll systems in the Community ( 43 ) ( 43 )
1.
Article 4 shall be amended as follows:
a
paragraph 2 shall be replaced by the following:
b
paragraphs 4, 5 and 6 shall be replaced by the following:
2.
Article 5 shall be replaced by the following:
7
8. ESPFSR of the European Parliament and of the Council of 31 March 2004 on enhancing ship and port facility security ( 44 ) ( 44 )
1.
Article 10(2) shall be replaced by the following:
2.
Article 10(3) shall be replaced by the following:
3.
Article 11 shall be replaced by the following:
7
9. Regulation 2004/789 of the European Parliament and of the Council of 21 April 2004 on the transfer of cargo and passenger ships between registers within the Community ( 45 ) ( 45 )
1.
Article 7 shall be replaced by the following: ( *13 ) OJ L 324, 29.11.2002, p. 1 .’;"
2.
Article 9(1) shall be replaced by the following:
7
RIS of the European Parliament and of the Council of 7 September 2005 on harmonised river information services (RIS) on inland waterways in the Community ( 46 ) ( 46 )
1.
Article 10 shall be replaced by the following:
2.
Article 11 shall be replaced by the following: ( *14 ) OJ L 373, 31.12.1991, p. 29 .’ "
7
EPSD of the European Parliament and of the Council of 26 October 2005 on enhancing port security ( 47 ) ( 47 )
‘Article 14
Adaptations
The Commission may adapt Annexes I to IV without broadening the scope of this Directive. Those measures, designed to amend non-essential elements of this Directive, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 15(2).
On imperative grounds of urgency, the Commission may have recourse to the urgency procedure referred to in Article 15(3).
Committee procedure
1
The Commission shall be assisted by the committee set up by ESPFSR.
2
Where reference is made to this paragraph, Article 5a(1) to (4) and Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.
3
Where reference is made to this paragraph, Article 5a(1), (2), (4) and (6) and Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.’

Footnote p0: This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Strasbourg, 11 March 2009.

None