Regulation (EC) No 1137/2008 of the European Parliament and of the Council of 22 October 2008 adapting a number of instruments subject to the procedure laid down in Article 251 of the Treaty to Council Decision 1999/468/EC, with regard to the regulatory procedure with scrutiny — Adaptation to the regulatory procedure with scrutiny — Part One

• 3.Article 6 shall be replaced by the following: ‘Article 6 Data processing Member States shall process the information collected under Article 3 in accordance with the accuracy requirements referred to in Article 4 and the detailed rules adopted by the Commission. 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 12(2). The regional level shall be in accordance with the Nomenclature of Territorial Units (NUTS) of the Statistical Office of the European Communities.’;

• 4.in Article 7(3), the words ‘Article 12’ shall be replaced by the words ‘Article 12(1)’;

• 5.in Article 9, the words ‘Article 12’ shall be replaced by the words ‘Article 12(1)’;

• 6.the following paragraphs shall be added to Article 11: ‘The measures referred to in Articles 3, 4 and 6, designed to amend non-essential elements of this Directive, inter alia, by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 12(2). The measures referred to in Articles 7 and 9 shall be adopted in accordance with the procedure referred to in Article 12(1).’;

• 7.Article 12(2) shall be replaced by the following: ‘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.’

5.3.   Regulation (EC) No 1059/2003 of the European Parliament and of the Council of 26 May 2003 on the establishment of a common classification of territorial units for statistics (NUTS)([^E0043])

As regards Regulation (EC) No 1059/2003, the Commission should be empowered to adapt the administrative units used for the NUTS classification, deviate from population thresholds in the case of some non-administrative units, amend smaller administrative units for the purposes of NUTS 3, and amend the NUTS classification. Since those measures are of general scope and are designed to amend non-essential elements of Regulation (EC) No 1059/2003, 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.

Accordingly, Regulation (EC) No 1059/2003 is hereby amended as follows:

• 1.Article 3 shall be amended as follows: (a)paragraph 4 shall be replaced by the following: ‘4.  The existing administrative units used for the NUTS classification are laid down in Annex II. Measures designed to amend non-essential elements of this Regulation and adapting Annex II shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 7(2).’; (b)the third subparagraph of paragraph 5 shall be replaced by the following: ‘Some non-administrative units may, however, deviate from those thresholds because of particular geographical, socio-economic, historical, cultural or environmental circumstances, especially in the islands and the outermost regions. 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 7(2).’;

• 2.in Article 4(1), the second subparagraph shall be replaced by the following: ‘Measures designed to amend non-essential elements of this Regulation and adapting Annex III shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 7(2).’;

• 3.Article 5 shall be amended as follows: (a)the first sentence of paragraph 4 shall be replaced by the following: ‘4.  Amendments to the NUTS classification shall be adopted in the second half of the calendar year, not more frequently than every three years, on the basis of the criteria laid down in Article 3. 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 7(2).’; (b)paragraph 5 shall be replaced by the following: ‘5.  When an amendment is made to the NUTS classification, the Member State concerned shall transmit to the Commission the time series for the new regional breakdown, to replace data already transmitted. The list of the time series and their length shall be specified by the Commission, taking into account the feasibility of providing them. 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 7(2). The time series are to be supplied within two years of the amendment of the NUTS classification.’;

• 4.Article 7 shall be replaced by the following: ‘Article 7

5.4.   Regulation (EC) No 1177/2003 of the European Parliament and of the Council of 16 June 2003 concerning Community statistics on income and living conditions (EU-SILC)([^E0044])

As regards Regulation (EC) No 1177/2003, the Commission should be empowered to adopt measures concerning target secondary areas and individuals included in the initial sample and measures taking account of economic and technical changes. Since those measures are of general scope and are designed to amend non-essential elements of Regulation (EC) No 1177/2003, 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.

Accordingly, Regulation (EC) No 1177/2003 is hereby amended as follows:

• 1.Article 6(2) shall be replaced by the following: ‘2.  Target secondary areas shall be included every year starting from 2005 in the cross-sectional component only. One secondary area shall be covered each year. Measures defining such target areas, 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).’;

• 2.Article 8(3) shall be replaced by the following: ‘3.  In the longitudinal component, individuals included in the initial sample, namely sample persons, shall be followed over the duration of the panel. Every sample person who has moved to a private household within the national boundaries shall be followed up to the new location in accordance with tracing rules and procedures to 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 14(3).’;

• 3.Article 14(3) shall be replaced by the following: ‘3.  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.’;

• 4.Article 15 shall be amended as follows: (a)in paragraph 1, the words ‘in accordance with the procedure referred to in Article 14(2)’ shall be deleted; (b)the following paragraph shall be added: ‘5.  The measures referred to in paragraphs 1 and 2, 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) at least 12 months before the beginning of the year of the survey.’

5.5.   Regulation (EC) No 138/2004 of the European Parliament and of the Council of 5 December 2003 on the economic accounts for agriculture in the Community([^E0045])

As regards Regulation (EC) No 138/2004, the Commission should be empowered to update the methodology of the economic accounts for agriculture (EAA) in the Community, the list of variables and the time limits for the transmission of data for these accounts. Since those measures are of general scope and are designed to amend non-essential elements of Regulation (EC) No 138/2004, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC.

Accordingly, Regulation (EC) No 138/2004 is hereby amended as follows:

• 1.Article 2(2) shall be replaced by the following: ‘2.  The EAA methodology shall be updated by the Commission. 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 4(2).’;

• 2.Article 3(3) shall be replaced by the following: ‘3.  The Commission shall update the list of variables and the time limits for the transmission of data set out in Annex II. 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 4(2).’;

• 3.Article 4 shall be amended as follows: (a)paragraph 2 shall be replaced by the following: ‘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.’; (b)paragraph 3 shall be deleted.

5.6.   Regulation (EC) No 808/2004 of the European Parliament and of the Council of 21 April 2004 concerning Community statistics on the information society([^E0046])

As regards Regulation (EC) No 808/2004, the Commission should be empowered to adopt measures for implementing the modules concerning elements such as the selection and specification, adjustment and modification of subjects and their characteristics and the coverage and periodicity provided for in that Regulation. Since those measures are of general scope and are designed to amend non-essential elements of Regulation (EC) No 808/2004, 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.

Accordingly, Articles 8 and 9 of Regulation (EC) No 808/2004 shall be replaced by the following:

‘Article 8

Implementing measures

1. The measures for implementing the modules of this Regulation shall concern the selection and specification, adjustment and modification of subjects and their characteristics, the coverage, reference periods and breakdowns of characteristics, the periodicity and timing of data provision and the deadlines for transmission of results.

1. The implementing measures, including adjustment and updating measures to take account of economic and technical changes, shall be adopted by the Commission. 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 9(2), taking into account Member States’ resources and the burden on respondents, technical and methodological feasibility and reliability of results.

1. Implementing measures shall be drawn up at least nine months before the start of a data collection period.

Article 9

Committee procedure

5.7.   Regulation (EC) No 184/2005 of the European Parliament and of the Council of 12 January 2005 on Community statistics concerning balance of payments, international trade in services and foreign direct investment([^E0047])

As regards Regulation (EC) No 184/2005, the Commission should be empowered to specify common quality standards and the content and periodicity of the quality reports and to adapt the Annexes to economic and technical changes. Since those measures are of general scope and are designed to amend non-essential elements of Regulation (EC) No 184/2005, 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.

Accordingly, Regulation (EC) No 184/2005 is hereby amended as follows:

• 1.Article 4(3) shall be replaced by the following: ‘3.  The common quality standards, as well as the content and periodicity of the quality reports, shall be specified by the Commission, taking into account the implications as regards the cost of collecting and compiling the data as well as important changes concerning data collection. 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 11(3). The quality of the data transmitted shall be assessed, on the basis of the quality reports, by the Commission with the assistance of the Balance of Payments Committee referred to in Article 11(1). This assessment of the Commission shall be sent to the European Parliament for information.’;

• 2.Articles 10 and 11 shall be replaced by the following: ‘Article 10 Adaptation to economic and technical changes The following measures designed to amend non-essential elements of this Regulation, inter alia, by supplementing it, and necessary to take account of economic and technical changes shall be adopted by the Commission in accordance with the regulatory procedure with scrutiny referred to in Article 11(3): (a)measures updating data requirements, including submission deadlines as well as revisions, extensions and eliminations of data flows set out in Annex I; (b)measures updating the definitions set out in Annex II.

Article 11

Committee procedure

The period provided for in Article 5(6) of Decision 1999/468/EC shall be set at three months.

5.8.   Regulation (EC) No 1161/2005 of the European Parliament and of the Council of 6 July 2005 on the compilation of quarterly non-financial accounts by institutional sector([^E0048])

As regards Regulation (EC) No 1161/2005, the Commission should be empowered to establish timetables and the breakdown of transactions, to adjust the time of data transmission, to adjust the proportion of the Community total and to define common quality standards. Since those measures are of general scope and are designed to amend non-essential elements of Regulation (EC) No 1161/2005, 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.

Accordingly, Regulation (EC) No 1161/2005 is hereby amended as follows:

• 1.Article 2 shall be amended as follows: (a)paragraph 2 shall be replaced by the following: ‘2.  A timetable for the transmission of items P.1, P.2, D.42, D.43, D.44, D.45, and B.4G, and any decision to require a breakdown of the transactions listed in the Annex by counterpart sector, shall be adopted by the Commission. 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 8(3). Any such decision shall not be adopted before the Commission has reported to the European Parliament and the Council on the implementation of this Regulation pursuant to Article 9.’; (b)paragraph 4 shall be replaced by the following: ‘4.  The Commission may adjust, by a maximum of five days, the time of transmission specified in paragraph 3. 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 8(3).’;

• 2.Article 3(3) shall be replaced by the following: ‘3.  The Commission may adjust the proportion (1 %) of the Community total referred to in paragraph 1. 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 8(3).’;

• 3.Article 6(1) shall be replaced by the following: ‘1.  Member States shall take all measures necessary to ensure that the quality of transmitted data improves over time to meet common quality standards to be defined by the Commission. Measures establishing those common quality standards, 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 8(3).’;

• 4.Article 7 shall be deleted;

• 5.Article 8 shall be replaced by the following: ‘Article 8 Committee procedure

The period provided for in Article 5(6) of Decision 1999/468/EC shall be set at three months.

6. INFORMATION SOCIETY

6.1.   Directive 1999/93/EC of the European Parliament and of the Council of 13 December 1999 on a Community framework for electronic signatures([^E0049])

As regards Directive 1999/93/EC, the Commission should be empowered to establish criteria for Member States to determine whether a body should be designated to determine the conformity of secure signature-creation-devices with the requirements laid down in Annex III. Since those measures are of general scope and are designed to amend non-essential elements of Directive 1999/93/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 1999/93/EC is hereby amended as follows:

• 1.in Article 3(4), the first subparagraph shall be replaced by the following: ‘The conformity of secure signature-creation-devices with the requirements laid down in Annex III shall be determined by appropriate public or private bodies designated by Member States. The Commission shall establish criteria for Member States to determine whether a body should be so designated. 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 9(3).’;

• 2.in Article 3(5), the words ‘in Article 9’ shall be replaced by the words ‘in Article 9(2)’;

• 3.Article 9 shall be replaced by the following: ‘Article 9 Committee procedure

The period provided for in Article 4(3) of Decision 1999/468/EC shall be set at three months.

6.2.   Regulation (EC) No 733/2002 of the European Parliament and of the Council of 22 April 2002 on the implementation of the.eu Top Level Domain([^E0050])

As regards Regulation (EC) No 733/2002, the Commission should be empowered to establish the criteria and the procedure for the designation of the Registry and to adopt public policy rules concerning the implementation and function of the.eu Top Level Domain (TLD) and public policy principles on registration. Since those measures are of general scope and are designed to amend non-essential elements of Regulation (EC) No 733/2002 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.

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 adoption of the criteria and of the procedure for the designation of the Registry.

Accordingly, Regulation (EC) No 733/2002 is hereby amended as follows:

• 1.Article 3(1)(a) shall be replaced by the following: ‘(a)establish the criteria and the procedure for the designation of the Registry. 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 6(3). On imperative grounds of urgency, the Commission may have recourse to the urgency procedure referred to in Article 6(4).’;

• 2.Article 5(1) shall be replaced by the following: ‘1.  After consulting the Registry, the Commission shall adopt public policy rules concerning the implementation and function of the.eu TLD and public policy principles on registration. 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 6(3). Public policy shall include: (a)an extra-judicial settlement of conflicts policy; (b)public policy on speculative and abusive registration of domain names, including the possibility of registration of domain names in a phased manner to ensure appropriate temporary opportunities for the holders of prior rights recognised or established by national and/or Community law and public bodies to register their names; (c)policy on possible revocation of domain names, including the question of bona vacantia; (d)issues of language and geographical concepts; (e)treatment of intellectual property and other rights.’;

• 3.Article 6 shall be replaced by the following: ‘Article 6 Committee procedure

7. INTERNAL MARKET

Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications([^E0052])

As regards Directive 2005/36/EC, the Commission should be empowered in particular to lay down the criteria needed to form the common platforms with the aim of waiving compensation measures. Since those measures are of general scope and are designed to amend non-essential elements of Directive 2005/36/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.

Accordingly, Directive 2005/36/EC is hereby amended as follows:

• 1.Article 11 shall be amended as follows: (a)the second sentence of point (c)(ii) shall be deleted; (b)the following paragraph shall be added: ‘The Commission may adapt the list in Annex II to take account of training which meets the requirements provided for in point (c)(ii) of the first paragraph. 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 58(3).’;

• 2.the third sentence of the third subparagraph of Article 13(2) shall be replaced by the following: ‘The Commission may adapt the list in Annex III to take account of regulated education and training which provides a comparable professional standard and which prepares the trainee for a comparable level of responsibilities and functions. 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 58(3).’;

• 3.Article 15 shall be amended as follows: (a)the second sentence of paragraph 2 shall be replaced by the following: ‘If the Commission, after consulting the Member States, is of the opinion that a draft common platform facilitates the mutual recognition of professional qualifications, it may present draft measures with a view to their adoption. 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 58(3).’; (b)paragraph 5 shall be replaced by the following: ‘5.  If a Member State considers that the criteria established in a measure adopted in accordance with paragraph 2 no longer offer adequate guarantees with regard to professional qualifications, it shall inform the Commission accordingly. The Commission shall, if appropriate, present a draft measure for adoption. 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 58(3).’;

• 4.Article 20 shall be replaced by the following: ‘Article 20 Adaptation of the lists of activities in Annex IV The Commission may adapt the lists of activities in Annex IV which are the subject of recognition of professional experience pursuant to Article 16 with a view to updating or clarifying the nomenclature, provided that this does not involve any change in the activities related to the individual categories. 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 58(3).’;

• 5.the second subparagraph of Article 21(6) shall be replaced by the following: ‘The Commission may adapt the knowledge and skills referred to in Articles 24(3), 31(6), 34(3), 38(3), 40(3) and 44(3) 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 58(3).’;

• 6.Article 25(5) shall be replaced by the following: ‘5.  The Commission may adapt the minimum periods of training referred to in Annex V, point 5.1.3, 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 58(3).’;

• 7.the second subparagraph of Article 26 shall be replaced by the following: ‘The Commission may include in Annex V, point 5.1.3, new medical specialties common to at least two-fifths of the Member States with a view to updating this Directive in the light of changes in national legislation. That measure, designed to amend non-essential elements of this Directive, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 58(3).’;

• 8.the second subparagraph of Article 31(2) shall be replaced by the following: ‘The Commission may adapt the content listed in Annex V, point 5.2.1, to scientific and technical progress. That measure, designed to amend non-essential elements of this Directive, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 58(3).’;

• 9.the second subparagraph of Article 34(2) shall be replaced by the following: ‘The Commission may adapt the content listed in Annex V, point 5.3.1, to scientific and technical progress. That measure, designed to amend non-essential elements of this Directive, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 58(3).’;

• 10.the third subparagraph of Article 35(2) shall be replaced by the following: ‘The Commission may adapt the minimum period of training referred to in the second subparagraph to scientific and technical progress. That measure, designed to amend non-essential elements of this Directive, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 58(3).’;

• 11.the second subparagraph of Article 38(1) shall be replaced by the following: ‘The Commission may adapt the content listed in Annex V, point 5.4.1, to scientific and technical progress. That measure, designed to amend non-essential elements of this Directive, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 58(3).’;

• 12.the third subparagraph of Article 40(1) shall be replaced by the following: ‘The Commission may adapt the content listed in Annex V, point 5.5.1, to scientific and technical progress. That measure, designed to amend non-essential elements of this Directive, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 58(3).’;

• 13.the second sentence of the second subparagraph of Article 44(2) shall be replaced by the following: ‘The Commission may adapt the content listed in Annex V, point 5.6.1, to scientific and technical progress. That measure, designed to amend non-essential elements of this Directive, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 58(3).’;

• 14.the first subparagraph of Article 46(2) shall be replaced by the following: ‘The Commission may adapt the knowledge and skills listed in paragraph 1 to scientific and technical progress. That measure, designed to amend non-essential elements of this Directive, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 58(3).’;

• 15.Article 58 shall be replaced by the following: ‘Article 58 Committee procedure

The period provided for in Article 5(6) of Decision 1999/468/EC shall be set at two months.

8. HEALTH AND CONSUMER PROTECTION

8.1.   Council Directive 89/108/EEC of 21 December 1988 on the approximation of the laws of the Member States relating to quick-frozen foodstuffs for human consumption([^E0053])

As regards Directive 89/108/EEC, the Commission should be empowered to determine the purity criteria to be satisfied by cryogenic media, the sampling procedures for quick-frozen foodstuffs and the procedures for monitoring the temperature of such feedstuffs and for monitoring temperatures in the means of transport, warehousing and storage. Since those measures are of general scope and are designed to amend non-essential elements of Directive 89/108/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 89/108/EEC is hereby amended as follows:

• 1.the third paragraph of Article 4 shall be replaced by the following: ‘The purity criteria to be satisfied by those cryogenic media shall be determined, as far as necessary, by the Commission. 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 12(2).’;

• 2.Article 11 shall be replaced by the following: ‘Article 11 The sampling procedures for quick-frozen foodstuffs and the procedures for monitoring their temperature and for monitoring temperatures in the means of transport, warehousing and storage shall be determined by the Commission. 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 12(2).’;

• 3.Article 12 shall be amended as follows: (a)paragraph 2 shall be replaced by the following: ‘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.’; (b)paragraph 3 shall be deleted.

8.2.   Council Directive 90/496/EEC of 24 September 1990 on nutrition labelling for foodstuffs([^E0054])

As regards Directive 90/496/EEC, the Commission should be empowered to adopt provisions necessary for changes to the list of vitamins, minerals and their recommended daily allowances; for a definition of fibre and its associated methods of analysis; for the restriction or prohibition of nutrition claims; for amendments and additions relating to the list of categories of nutrients and their conversion factors; and to establish rules concerning the extent of the information to be given and the manner of its communication for non-pre-packaged foodstuffs. Since those measures are of general scope and are designed to amend non-essential elements of Directive 90/496/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.

Accordingly, Directive 90/496/EEC is hereby amended as follows:

• 1.in Article 1(4)(a), the second subparagraph shall be replaced by the following: ‘Measures designed to amend non-essential elements of this Directive and changing the list of vitamins, minerals and their recommended daily allowances shall be adopted by the Commission in accordance with the regulatory procedure with scrutiny referred to in Article 10(3).’;

• 2.in the third subparagraph of Article 1(4)(b), the words ‘Article 10’ shall be replaced by the words ‘Article 10(2)’;

• 3.Article 1(4)(j) shall be replaced by the following: ‘(j)“fibre” means a material to be defined by the Commission and measured by a method of analysis to be determined by the Commission. 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 10(3).’;

• 4.Article 3 shall be replaced by the following: ‘Article 3 The only nutrition claims permitted shall be those relating to energy, to the nutrients listed in Article 1(4)(a)(ii) and to substances which belong to, or which are components of, a category of those nutrients. Provisions restricting or prohibiting nutrition claims within the meaning of this Article may be adopted by the Commission. 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 10(3).’;

• 5.Article 5(2) shall be replaced by the following: ‘2.  Amendments to the conversion factors referred to in paragraph 1 and the addition to the list in that paragraph of substances which belong to, or are components of, one of the categories of nutrients referred to therein and their conversion factors, shall be adopted by the Commission in order to calculate more precisely the energy value of foodstuffs. 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 10(3).’;

• 6.in Article 6(3), the words ‘Article 10’ shall be replaced by the words ‘Article 10(2)’;

• 7.in Article 6(5)(b), the words ‘Article 10’ shall be replaced by the words ‘Article 10(2)’;

• 8.in the second subparagraph of Article 6(8), the words ‘Article 10’ shall be replaced by the words ‘Article 10(2)’;

• 9.Article 8 shall be replaced by the following: ‘Article 8 In the case of non-pre-packaged foodstuffs put up for sale to the final consumer or to mass caterers and foodstuffs packed at the point of sale at the request of the purchaser or pre-packaged with a view to immediate sale, the extent of the information referred to in Article 4 and the manner of its communication may be determined by national law until the eventual adoption of measures by the Commission. 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 10(3).’;

• 10.Article 10(3) shall be replaced by the following: ‘3.  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.’

8.3.   Directive 1999/2/EC of the European Parliament and of the Council of 22 February 1999 on the approximation of the laws of the Member States concerning foods and food ingredients treated with ionising radiation([^E0055])

As regards Directive 1999/2/EC, the Commission should be empowered to implement rules relating to food irradiation. Since those measures are of general scope and are designed to amend non-essential elements of Directive 1999/2/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.

On grounds of efficiency, the normal time limits for the regulatory procedure with scrutiny should be curtailed for the adoption of certain exceptions to rules relating to maximum radiation doses for foodstuffs and the use of irradiation treatment in combination with chemical treatment, as well as for the adoption of supplementary requirements for approval of irradiation facilities.

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 adoption of amendments to Directive 1999/2/EC or to its implementing directive by means of prohibitions or restrictions as compared to the previous legal situation to the extent necessary to ensure the protection of public health.

Accordingly, Directive 1999/2/EC is hereby amended as follows:

• 1.Article 5(2) shall be replaced by the following: ‘2.  Exceptions to paragraph 1 may be adopted by the Commission. 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 12(4).’;

• 2.Article 7(2) shall be replaced by the following: ‘2.  Approval shall be granted only if the facility: —meets the requirements of the joint FAO/WHO Codex Alimentarius Commission Recommended International Code of Practice for the operation of irradiation facilities used for the treatment of foods (reference FAO/WHO/CAC, Vol. XV, edition 1), and any supplementary requirement which may be adopted by the Commission. 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 12(4), —designates a person responsible for compliance with all the conditions necessary for the application of the process.’;

• 3.in Article 8(3), the words ‘Article 12’ shall be replaced by the words ‘Article 12(2)’;

• 4.in the first subparagraph of Article 9(2)(a), the words ‘Article 12’ shall be replaced by the words ‘Article 12(2)’;

• 5.Article 12 shall be replaced by the following: ‘Article 12

The period provided for in Article 5(6) of Decision 1999/468/EC shall be set at three months.

The time limits provided for in Article 5a(3)(c) and (4)(b) and (e) of Decision 1999/468/EC shall be set at two months, one month and two months respectively.

• 6.in Article 14(2), the words ‘Article 12’ shall be replaced by the words ‘Article 12(2)’;

• 7.Article 14(3) shall be replaced by the following: ‘3.  Adaptations of this Directive or of its implementing directive may be made by the Commission only to the extent necessary to ensure the protection of public health and shall in any event be limited to prohibitions or restrictions as compared to the previous legal situation. Those measures, designed to amend non-essential elements of this Directive, inter alia, by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 12(3). On imperative grounds of urgency, the Commission may have recourse to the urgency procedure referred to in Article 12(5).’

8.4.   Directive 2002/46/EC of the European Parliament and of the Council of 10 June 2002 on the approximation of the laws of the Member States relating to food supplements([^E0057])

As regards Directive 2002/46/EC, the Commission should be empowered to adopt specific rules for vitamins and minerals used as food supplements, including the setting of specific values for maximum and minimum levels for vitamins and minerals present in food supplements, as well as their purity criteria. Since those measures are of general scope and are designed to amend non-essential elements of Directive 2002/46/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.

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 adoption of measures prohibiting the use of a vitamin or mineral the use of which was previously authorised.

Accordingly, Directive 2002/46/EC is hereby amended as follows:

• 1.Article 4(2) shall be replaced by the following: ‘2.  The purity criteria for substances listed in Annex II to this Directive shall be adopted by the Commission, except where such criteria apply pursuant to paragraph 3. 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(3).’;

• 2.Article 4(5) shall be replaced by the following: ‘5.  Modifications to the lists referred to in paragraph 1, designed to amend non-essential elements of this Directive, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 13(3). On imperative grounds of urgency, the Commission may have recourse to the urgency procedure referred to in Article 13(4) in order to remove a vitamin or a mineral from the list referred to in paragraph 1 of this Article.’;

• 3.Article 5(4) shall be replaced by the following: ‘4.  The maximum and minimum amounts of vitamins and minerals referred to in paragraphs 1, 2 and 3 shall be adopted by the Commission. 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(3).’;

• 4.Article 12(3) shall be replaced by the following: ‘3.  In order to remedy the difficulties described in paragraph 1 and to ensure the protection of human health, adaptations of this Directive or of its implementing measures shall be adopted by the Commission. Those measures, designed to amend non-essential elements of this Directive, inter alia, by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 13(3). On imperative grounds of urgency, the Commission may have recourse to the urgency procedure referred to in Article 13(4) in order to adopt those adaptations. The Member State that has adopted safeguard measures may in that event retain such measures until the adoption of the adaptations.’;

• 5.Article 13 shall be replaced by the following: ‘Article 13

The period provided for in Article 5(6) of Decision 1999/468/EC shall be set at three months.

9. ENERGY AND TRANSPORT

9.1.   Council Directive 91/672/EEC of 16 December 1991 on the reciprocal recognition of national boatmasters’ certificates for the carriage of goods and passengers by inland waterway([^E0059])

As regards Directive 91/672/EEC, the Commission should be empowered to adapt the list of national boatmasters’ certificates for the carriage of goods and passengers by inland waterway. Since those measures are of general scope and are designed to amend non-essential elements of Directive 91/672/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.

Accordingly, Directive 91/672/EEC is hereby amended as follows:

• 1.Article 4 shall be replaced by the following: ‘Article 4 If necessary, the Commission shall adapt the list of certificates appearing in Annex I to this Directive. Those measures, designed to amend non-essential elements of this Directive, inter alia, by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 7(2).’;

• 2.Article 7 shall be replaced by the following: ‘Article 7

9.2.   Council Directive 92/75/EEC of 22 September 1992 on the indication by labelling and standard product information of the consumption of energy and other resources by household appliances([^E0060])

As regards Directive 92/75/EEC, the Commission should be empowered to add further types of household appliance to the list set out in Article 1(1) thereof and to adopt measures regarding the listed types of household appliance. Since those measures are of general scope and are designed to amend non-essential elements of Directive 92/75/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 92/75/EEC is hereby amended as follows:

• 1.Article 1(2) shall be replaced by the following: ‘2.  Further types of household appliance may be added to the list in this Article. 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 10(2).’;

• 2.Article 2(2) shall be replaced by the following: ‘2.  Details relating to the label and the fiche shall be defined by directives relating to each type of appliance adopted pursuant to this Directive. 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 10(2).’;

• 3.Article 9 shall be replaced by the following: ‘Article 9 The Commission shall adopt, and adapt to technical progress, measures relating to the establishment and operation of the scheme by way of implementing Directives and by way of the addition of further household appliances to the list in Article 1(1) where significant energy savings are likely to be achieved. Those measures, designed to amend non-essential elements of this Directive, inter alia, by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 10(2).’;

• 4.Article 10 shall be replaced by the following: ‘Article 10

9.3.   Council Directive 96/50/EC of 23 July 1996 on the harmonization of the conditions for obtaining national boatmasters’ certificates for the carriage of goods and passengers by inland waterway in the Community([^E0061])

As regards Directive 96/50/EC, the Commission should be empowered to adapt the form of the boatmasters’ certificate to developments regarding the professional knowledge required for the issue of the certificate. Since those measures are of general scope and are designed to amend non-essential elements of Directive 96/50/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.

Accordingly, Directive 96/50/EC is hereby amended as follows:

• 1.Article 11 shall be replaced by the following: ‘Article 11 The Commission may adapt the form of the boatmasters’ certificate set out in Annex I to developments regarding the professional knowledge required for the issue of the certificate and specified in Annex II. Those measures, designed to amend non-essential elements of this Directive, inter alia, by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 12(2).’;

• 2.Article 12 shall be replaced by the following: ‘Article 12

9.4.   Council Directive 98/41/EC of 18 June 1998 on the registration of persons sailing on board passenger ships operating to or from ports of the Member States of the Community([^E0062])

As regards Directive 98/41/EC, the Commission should be empowered to adapt certain provisions thereof, without broadening its scope, to take account of amendments to the SOLAS Convention relating to the registration systems which have entered into force subsequently. Since those measures are of general scope and are designed to amend non-essential elements of Directive 98/41/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 98/41/EC is hereby amended as follows:

• 1.Article 9 shall be amended as follows: (a)in paragraph 3(b), the words ‘Article 13’ shall be replaced by the words ‘Article 13(2)’; (b)in the third subparagraph of paragraph 4, the words ‘Article 13’ shall be replaced by the words ‘Article 13(2)’;

• 2.the first subparagraph of Article 12 shall be replaced by the following: ‘Without prejudice to the procedures for amending the SOLAS Convention, this Directive may be amended in order to ensure the application, for the purposes of this Directive and without broadening its scope, of amendments to the SOLAS Convention relating to the registration systems which have entered into force after the adoption 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 13(3).’;

• 3.Article 13 shall be replaced by the following: ‘Article 13

The period provided for in Article 5(6) of Decision 1999/468/EC shall be set at two months.

9.5.   Directive 2000/59/EC of the European Parliament and of the Council of 27 November 2000 on port reception facilities for ship-generated waste and cargo residues([^E0064])

As regards Directive 2000/59/EC, the Commission should be empowered to adapt the Annexes thereto, the definition set out in Article 2(b) thereof and references to Community and IMO instruments, and to adapt the Annexes in order to improve the regime established by Directive 2000/59/EC and to take account of Community or IMO measures which enter into force in the future so as to ensure their harmonised implementation. Since those measures are of general scope and are designed to amend non-essential elements of Directive 2000/59/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 2000/59/EC is hereby amended as follows:

• 1.Article 14 shall be replaced by the following: ‘Article 14 Committee procedure

• 2.Article 15 shall be replaced by the following: ‘Article 15 Amendment procedure The Annexes to this Directive, the definition in Article 2(b) and references to Community and IMO instruments may be adapted by the Commission in order to bring them into line with Community or IMO measures which have entered into force, in so far as such amendments do not broaden the scope of this Directive. Furthermore, the Annexes to this Directive may be amended by the Commission when necessary in order to improve the regime established by this Directive, in so far as such amendments do not broaden 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 14(2). The amendments to the international instruments referred to in Article 2 may be excluded from the scope of this Directive pursuant to Article 5 of Regulation (EC) No 2099/2002.’

9.6.   Directive 2001/96/EC of the European Parliament and of the Council of 4 December 2001 establishing harmonised requirements and procedures for the safe loading and unloading of bulk carriers([^E0066])

As regards Directive 2001/96/EC, the Commission should be empowered to adapt certain definitions and the references to international conventions and codes, to IMO Resolutions and Circulars, to ISO standards and to Community instruments and their Annexes in order to implement the procedures laid down in the Directive and bring them into line with international and Community instruments which have been adopted, amended or brought into force after the adoption of Directive 2001/96/EC, provided that the scope of that Directive is not thereby broadened. The Commission should also be empowered to amend the procedures concerning bulk carriers and terminals and the reporting obligations. Since those measures are of general scope and are designed to amend non-essential elements of Directive 2001/96/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 2001/96/EC is hereby amended as follows:

• 1.Article 14 shall be replaced by the following: ‘Article 14 Committee procedure

• 2.Article 15(1) and (2) shall be replaced by the following: ‘1.  The definitions set out in points 1 to 6 and 15 to 18 of Article 3, the references to international conventions and codes and to IMO Resolutions and Circulars, the references to ISO standards and the references to Community instruments and the Annexes thereto may be amended in order to bring them into line with international and Community instruments which have been adopted, amended or brought into force after the adoption of this Directive, provided that the scope of this Directive is not thereby broadened. 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 14(2).

9.7.   Directive 2002/6/EC of the European Parliament and of the Council of 18 February 2002 on reporting formalities for ships arriving in and/or departing from ports of the Member States of the Community([^E0068])

As regards Directive 2002/6/EC, the Commission should be empowered to amend the lists of reporting formalities in respect of ships, signatories, technical specifications and models of IMO FAL forms. The Commission should also be empowered to adapt references to IMO instruments in order to bring Directive 2002/6/EC into line with Community or IMO measures. Since those measures are of general scope and are designed to amend non-essential elements of Directive 2002/6/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 2002/6/EC is hereby amended as follows:

• 1.Article 5 shall be replaced by the following: ‘Article 5 Amendment procedure Measures adapting Annexes I and II to this Directive and references to IMO instruments in order to bring them into line with Community or IMO measures which have entered into force shall be adopted by the Commission, in so far as such amendments do not broaden 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 6(2).’;

• 2.Article 6 shall be replaced by the following: ‘Article 6 Committee procedure

9.8.   Directive 2002/30/EC of the European Parliament and of the Council of 26 March 2002 on the establishment of rules and procedures with regard to the introduction of noise-related operating restrictions at Community airports([^E0070])

As regards Directive 2002/30/EC, the Commission should be empowered to adapt the list of city airports set out in Annex I. Since those measures are of general scope and are designed to amend non-essential elements of Directive 2002/30/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 2002/30/EC is hereby amended as follows:

• 1.Article 2 shall be amended as follows: (a)in point (b), the last sentence shall be deleted; (b)the following subparagraph shall be added: ‘The Commission may adapt Annex I. These 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 13(3).’;

• 2.Article 13(3) shall be replaced by the following: ‘3.  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.’

9.9.   Directive 2002/91/EC of the European Parliament and of the Council of 16 December 2002 on the energy performance of buildings([^E0071])

As regards Directive 2002/91/EC, the Commission should be empowered to adapt to technical progress certain parts of the general framework set out in the Annex to that Directive. Since those measures are of general scope and are designed to amend non-essential elements of Directive 2002/91/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 2002/91/EC is hereby amended as follows:

• 1.in Article 3, the first paragraph shall be replaced by the following: ‘Member States shall apply a methodology, at national or regional level, of calculation of the energy performance of buildings on the basis of the general framework set out in the Annex to this Directive. The Commission shall adapt points 1 and 2 of the Annex to technical progress, taking into account standards or norms applied pursuant to national law. 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 14(2).’;

• 2.in Article 13, the second paragraph shall be replaced by the following: ‘Adaptations of points 1 and 2 of the Annex to this Directive to technical progress, designed to amend non-essential elements of this Directive, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 14(2).’;

• 3.Article 14 shall be replaced by the following: ‘Article 14 Committee procedure

9.10.   Directive 2003/25/EC of the European Parliament and of the Council of 14 April 2003 on specific stability requirements for ro-ro passenger ships([^E0072])

As regards Directive 2003/25/EC, the Commission should be empowered to adapt the specific stability requirements and indicative guidelines for national administrations in order to take account of developments at international level and in particular in the IMO, and to improve the effectiveness of that Directive in the light of experience and technical progress. Since those measures are of general scope and are designed to amend non-essential elements of Directive 2003/25/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 2003/25/EC is hereby amended as follows:

• 1.Article 10 shall be replaced by the following: ‘Article 10 Adaptations The Annexes to this Directive may be amended by the Commission in order to take account of developments at international level, in particular in the International Maritime Organisation (IMO), and to improve the effectiveness of this Directive in the light of experience 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 11(2).’;

• 2.Article 11 shall be replaced by the following: ‘Article 11 Committee procedure

9.11.   Directive 2003/59/EC of the European Parliament and of the Council of 15 July 2003 on the initial qualification and periodic training of drivers of certain road vehicles for the carriage of goods or passengers([^E0074])

As regards Directive 2003/59/EC, the Commission should be empowered to adapt the Annexes thereto to scientific and technical progress. Since those measures are of general scope and are designed to amend non-essential elements of Directive 2003/59/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 2003/59/EC is hereby amended as follows:

• 1.Article 11 shall be replaced by the following: ‘Article 11 Adaptation to scientific and technical progress Adaptations of Annexes I and II to scientific and technical progress, designed to amend non-essential elements of this Directive, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 12(2).’;

• 2.Article 12 shall be replaced by the following: ‘Article 12 Committee procedure

9.12.   Regulation (EC) No 785/2004 of the European Parliament and of the Council of 21 April 2004 on insurance requirements for air carriers and aircraft operators([^E0075])

As regards Regulation (EC) No 785/2004, the Commission should be empowered to adapt amounts in respect of liability for passengers, baggage and cargo, and amounts in respect of liability for third parties. Since those measures are of general scope and are designed to amend non-essential elements of Regulation (EC) No 785/2004, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC.

Accordingly, Regulation (EC) No 785/2004 is hereby amended as follows:

• 1.Article 6(5) shall be replaced by the following: ‘5.  The values referred to in this Article may be adapted, as appropriate, where amendments to the relevant international treaties make this necessary. 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(3).’;

• 2.Article 7(2) shall be replaced by the following: ‘2.  The values referred to in this Article may be adapted, as appropriate, where amendments to the relevant international treaties make this necessary. 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(3).’;

• 3.Article 9(3) shall be replaced by the following: ‘3.  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.’