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Brussels, 22.12.2006

COM(2006) 921 final

2006/0297 (COD)

Proposal for a

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

Amending Directive 2000/60/CE establishing a framework for Community action in the field of water policy, as regards the implementing powers conferred on the Commission

(presented by the Commission)

2006/0297 (COD)

Proposal for a

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

Amending Directive 2000/60/CE establishing a framework for Community action in the field of water policy, as regards the implementing powers conferred on the Commission

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 175, paragraph 1 thereof,

Having regard to the proposal from the Commission[1],

Having regard to the opinion of the European Economic and Social Committee[2],

Having regard to the opinion of the Committee of the Regions[3],

Acting in accordance with the procedure laid down in Article 251 of the Treaty[4]

Whereas:

(1) Directive 2000/60/EC of the European Parliament and of the Council[5] provides that certain measures are to be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission[6].

(2) Decision 1999/468/EC has been amended by Decision 2006/512/EC, which introduced a regulatory procedure with scrutiny to be used for the adoption of implementing measures of general scope which seek to amend non-essential elements of a basic instrument adopted in accordance with the procedure referred to in Article 251 of the Treaty, including by deleting some of those elements or by supplementing the instruments by the addition of new non-essential elements.

(3) In accordance with the joint statement of the European Parliament, the Council and the Commission[7] on Decision 2006/512/EC, instruments which are already in force must be adjusted in accordance with the applicable procedures. That statement indicates a list of instruments that should be adjusted as a matter of urgency, including Directive 2000/60/EC.

(4) In particular power should be conferred on the Commission to establish technical specifications and standardised methods as well as to adapt certain Annexes. Since those measures are of general scope and are designed to amend non-essential elements of Directive 200/60/EC and to supplement by the addition of new non-essential elements, they should be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC.

(5) Directive 2000/60/EC should therefore be amended accordingly.

(6) Since the amendments to be made to Directive 2000/60/EC are adjustments of a technical nature which only concern the committee procedures, they do not need to be transposed by the Member States. It is therefore not necessary to lay down provisions to that effect.

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Directive 2000/60/EC is amended as follows:

(1) In Article 8, paragraph 3 is replaced by the following:

"3. The Commission shall adopt technical specifications and standardised methods for analysis and monitoring of water status. Those measures, designed to amend non-essentials elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 21 (3).";

(2) Article 20 isreplaced by the following:

"Article 20

Technical adaptations to the Directive

1. Annexes I, III and section 1.3.6 of Annex V may be adapted to scientific and technical progress taking account of the periods for review and updating of the river basin management plans as referred to in Article 13. 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).

Where necessary, the Commission may adopt guidelines on the implementation of Annexes II and V in accordance with the procedures laid down in Article 21 (2).

2. For the purpose of transmission and processing of data, including statistical and cartographic data, technical formats for the purpose of paragraph 1 may be adopted in accordance with the regulatory procedure referred to in Article 21 (2)."

(3) In Article 21,paragraph 3 is replaced by the following:

"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) In Annex V, section 1.4.1 is amended as follows:

(a) point(vii) is replaced by the following:

"(vii) Within three years of the date of entry into force of the Directive, the Commission shall prepare a draft register of sites to form the intercalibration network. The final register of sites shall be established within four years of the date of entry into force of the Directive, in accordance with the regulatory procedure referred to in Article 21(2).";

(b) point (ix) is replaced by the following:

"(ix) The results of the intercalibration exercise and the values established for the Member State monitoring system classifications shall be adopted by the Commission within six months of the completion of the intercalibration exercise. 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 21 (3)."

Article 2

This Directive shall enter into force on the [..] day following that of its publication in the Official Journal of the European Union .

Article 3

This Directive is addressed to the Member States.

Done at Brussels,

For the European Parliament For the Council

The President The President

[1] OJ C , , p. .

[2] OJ C , , p. .

[3] OJ C , , p. .

[4] …

[5] OJ L 327, 22.12.2000, p. 1–73

[6] OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision 2006/512/EC (OJ L 200, 22.7.2006, p. 11).

[7] OJ C 255, 21.10.2006, p.1