Proposal for a Directive of the European Parliament and of the Council amending Directive 95/50/EC as regards the implementing powers conferred on the Commission
Date: 2007-09-11
Institutions: European Commission
Subjects: European Commission, new technology, power of implementation, powers of the institutions (EU), road transport, safety standard, transport of dangerous goods, transport safety

EN 

EN 

   EN 

 
 
COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 11.9.2007 
COM(2007) 509 final 

2007/0184 (COD) 

Adaptation to the regulatory procedure with scrutiny 

Proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

amending Directive 95/50/EC as regards the implementing powers conferred on the 
Commission 

(presented by the Commission) 

EN 

   EN 

 
 
 
  
 
2007/0184 (COD) 

Adaptation to the regulatory procedure with scrutiny 

Proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

amending Directive 95/50/EC 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 71 thereof, 

Having regard to the proposal from the Commission1, 

Having regard to the opinion of the European Economic and Social Committee2, 

Having regard to the opinion of the Committee of the Regions3, 

Acting in accordance with the procedure laid down in Article 251 of the Treaty4, 

Whereas: 

(1) 

(2) 

Directive  95/50/EC  of  6  October  1995  on  uniform  procedures  for  checks  on  the 
transport of dangerous goods by road5 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 Commission6. 

Decision 1999/468/EC has been amended by Decision 2006/512/EC, which introduced 
a regulatory procedure with scrutiny for measures of general scope designed 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 instrument by the addition of new non-essential elements.  

(3) 

In accordance with the joint statement of the European Parliament, the Council and the 
Commission7  on  Decision  2006/512/EC,  for  this  new  procedure  to  be  applicable  to 

1 
2 
3 
4 
5 

6 

7 

OJ C […], […], p. […]. 
OJ C […], […], p. […]. 
OJ C […], […], p. […]. 
OJ C […], […], p. […]. 
OJ L 249, 17.10.1995, p. 35. Directive as last amended by Commission Directive 2004/112/EC (OJ L 
367, 14.12.2004, p. 23) 
OJ  L  184,  17.7.1999,  p.  23.  Decision  as  amended  by  Decision  2006/512/EC  (OJ  L  200,  22.7.2006, 
p. 11). 
OJ C 255, 21.10.2006, p. 1. 

EN 

2 

   EN 

 
 
                                                 
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.  

(4) 

As  regards  Directive  95/50/EC,  power  should  be  conferred  on  the  Commission  in 
particular  to  adapt  the  Annexes  to  scientific  and  technical  progress.  Since  those 
measures  are  of  general  scope  and  are  designed  to  amend  non-essential  elements  of 
Directive 95/50/EC, they must be adopted in accordance with the regulatory procedure 
with scrutiny provided for in Article 5a of Decision 1999/468/EC. 

(5) 

Directive 95/50/EC should therefore be amended accordingly. 

(6) 

Since  the  amendments  to  be  made  to  Directive  95/50/EC  by  this  Directive  are 
adaptations  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: 

EN 

3 

   EN 

 
Article 9a and 9b of Directive 95/50/EC are replaced by the following: 

Article 1 

"Article 9a  

The  Commission  shall  adapt  the  Annexes  to  scientific  and  technical  progress  in  the  fields 
covered by this Directive, in particular to take account of amendments to Directive 94/55/EC. 
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 9b(2). 

Article 9b 

1. 

2. 

The  Commission  shall  be  assisted  by  the  committee  on  the  transport  of  dangerous 
goods set up by the Article 9 of Directive 94/55/EC. 

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." 

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

Article 2 

Article 3 

This Directive is addressed to the Member States. 

Done at Brussels, […] 

For the European Parliament 
The President 
[…] 

For the Council 
The President 
[…] 

EN 

4 

   EN