Proposal for a Regulation of the European Parliament and of the Council adapting a number of instruments subject to the procedure referred to in Article 251 of the Treaty to Council Decision 1999/468/EC, as amended by Decision 2006/512/EC, with regard to the regulatory procedure with scrutiny - Part One - Adaptation to the regulatory procedure with scrutiny
Date: 2007-11-23
Institutions: European Commission
Subjects: EU act, European Commission, capacity to exercise rights, drafting of EU law, power of implementation, powers of the institutions (EU)

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 23.11.2007 
COM(2007) 741 final 

2007/0262 (COD) 

Adaptation to the regulatory procedure with scrutiny 
Part One 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

adapting a number of instruments subject to the procedure referred to in Article 251 of 
the Treaty to Council Decision 1999/468/EC, as amended by Decision 2006/512/EC, with 
regard to the regulatory procedure with scrutiny 

(presented by the Commission) 

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TABLE OF CONTENTS 

ANNEX...................................................................................................................................... 9 

1. 

1.1. 

1.2. 

2. 

2.1. 

2.2. 

2.3. 

2.4. 

2.5. 

2.6. 

3. 

3.1. 

3.2. 

3.3. 

Agriculture ................................................................................................................... 9 

Directive 1999/4/EC of the European Parliament and of the Council relating to 
coffee extracts and chicory extracts ............................................................................. 9 

Directive 2000/36/EC of the European Parliament and of the Council relating to 
cocoa and chocolate products intended for human consumption................................. 9 

Employment ............................................................................................................... 10 

Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to 
encourage improvements in the safety and health of workers at work ...................... 10 

Council Directive 92/29/EEC of 31 March 1992 on the minimum safety and health 
requirements for improved medical treatment on board vessels................................ 11 

Directive 2002/44/EC of the European Parliament and of the Council of 25 June 
2002 on the minimum health and safety requirements regarding the exposure of 
workers to the risks arising from physical agents (vibration) (sixteenth individual 
Directive within the meaning of Article 16(1) of Directive 89/391/EEC)................. 12 

Directive 2003/10/EC of the European Parliament and of the Council of 6 February 
2003 on the minimum health and safety requirements regarding the exposure of 
workers to the risks arising from physical agents (noise) (Seventeenth individual 
Directive within the meaning of Article 16(1) of Directive 89/391/EEC)................. 14 

Directive 2004/40/EC of the European Parliament and of the Council of 29 April 
2004 on the minimum health and safety requirements regarding the exposure of 
workers to the risks arising from physical agents (electromagnetic fields) (18th 
individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC) 15 

Directive 2006/25/EC of the European Parliament and of the Council of 5 April 2006 
on the minimum health and safety requirements regarding the exposure of workers to 
risks arising from physical agents (artificial optical radiation) (19th individual 
Directive within the meaning of Article 16(1) of Directive 89/391/EEC)................. 16 

Enterprise ................................................................................................................... 17 

Council Directive 76/767/EEC of 27 July 1976 on the approximation of the laws of 
the Member States relating to common provisions for pressure vessels and methods 
of inspecting them ...................................................................................................... 17 

Council Directive 76/769/EEC of 27 July 1976 on the approximation of the laws, 
regulations and administrative provisions of the Member States relating to 
restrictions on the marketing and use of certain dangerous substances and 
preparations ................................................................................................................ 18 

Directive 94/25/EC of the European Parliament and of the Council of 16 June 1994 
on the approximation of the laws, regulations and administrative provisions of the 
Member States relating to recreational craft .............................................................. 19 

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3.4. 

3.5. 

3.6. 

3.7. 

3.8. 

4. 

4.1. 

4.2. 

4.3. 

4.4. 

4.5. 

4.6. 

4.7. 

4.8. 

4.9. 

Directive 96/73/EC of the European Parliament and of the Council of 16 December 
1996 on certain methods for the quantitative analysis of binary textile fibre mixtures
.................................................................................................................................... 20 

Directive 1999/45/EC of the European Parliament and of the Council of 31 May 
1999 concerning the approximation of the laws, regulations and administrative 
provisions of the Member States relating to the classification, packaging and 
labelling of dangerous preparations ........................................................................... 20 

Directive 2002/24/EC of the European Parliament and of the Council of 18 March 
2002 relating to the type-approval of two or three-wheel motor vehicles and 
repealing Council Directive 92/61/EEC..................................................................... 22 

Directive 2003/37/EC of the European Parliament and of the Council of 26 May 
2003 on type-approval of agricultural or forestry tractors, their trailers and 
interchangeable towed machinery, together with their systems, components and 
separate technical units and repealing Directive 74/150/EEC ................................... 23 

Directive 2004/22/EC of the European Parliament and of the Council of 31 March 
2004 on measuring instruments ................................................................................. 23 

Environment............................................................................................................... 24 

Council Directive 76/160/EEC of 8 December 1975 concerning the quality of 
bathing water.............................................................................................................. 24 

Council Directive 91/271/EEC of 21 May 1991 concerning urban waste water 
treatment..................................................................................................................... 25 

Council Directive 91/676/EEC of 12 December 1991 concerning the protection of 
waters against pollution caused by nitrates from agricultural sources....................... 27 

Directive 94/63/EC of the European Parliament and of the Council of 20 December 
1994 on the control of volatile organic compound (VOC) emissions resulting from 
the storage of petrol and its distribution from terminals to service stations .............. 27 

Council Directive 96/82/EC of 9 December 1996 on the control of major-accident 
hazards involving dangerous substances.................................................................... 29 

Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste ................. 30 

Directive 1999/94/EC of the European Parliament and of the Council of 
13 December 1999 relating to the availability of consumer information on fuel 
economy and CO2 emissions in respect of the marketing of new passenger cars...... 31 

Directive 2000/76/EC of the European Parliament and of the Council of 4 December 
2000 on the incineration of waste .............................................................................. 32 

Directive 2002/49/EC of the European Parliament and of the Council of 25 June 
2002 relating to the assessment and management of environmental noise................ 34 

4.10.  Regulation (EC) No 1830/2003 of the European Parliament and of the Council of 22 
September 2003 on the traceability and labelling of genetically modified organisms 
and the traceability of food and feed products produced from genetically modified 
organisms ................................................................................................................... 35 

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4.11.  Directive 2004/42/EC of the European Parliament and of the Council of 21 April 

2004 on the limitation of emissions of volatile organic compounds due to the use of 
organic solvents in certain paints and varnishes and vehicle refinishing products and 
amending Directive 1999/13/EC................................................................................ 35 

4.12.  Regulation (EC) No 842/2006 of the European Parliament and of the Council of 17 

May 2006 on certain fluorinated greenhouse gases ................................................... 36 

4.13.  Directive 2006/44/EC of the European Parliament and of the Council of 6 September 

2006 on the quality of fresh waters needing protection or improvement in order to 
support fish life .......................................................................................................... 37 

4.14.  Directive 2006/113/EC of the European Parliament and of the Council of 12 

December 2006 on the quality required of shellfish waters....................................... 38 

5. 

5.1. 

5.2. 

5.3. 

5.4. 

5.5. 

5.6. 

5.7. 

5.8. 

6. 

6.1. 

6.2. 

Eurostat ...................................................................................................................... 39 

Council Regulation (EEC) No 696/93 of 15 March 1993 on the statistical units for 
the observation and analysis of the production system in the Community................ 39 

Council Directive 95/57/EC of 23 November 1995 on the collection of statistical 
information in the field of tourism ............................................................................. 40 

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)........................................................................................................ 41 

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).......................................................................................................................... 43 

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....... 44 

Regulation (EC) No 808/2004 of the European Parliament and of the Council of 21 
April 2004 concerning Community statistics on the information society.................. 44 

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.......................................................... 45 

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 .......................................................................................................................... 47 

Information Society.................................................................................................... 48 

Directive 1999/93/EC of the European Parliament and of the Council of 13 
December 1999 on a Community framework for electronic signatures .................... 48 

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.............................. 49 

7. 

Internal Market........................................................................................................... 51 

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7.1. 

8. 

8.1. 

8.2. 

8.3. 

8.4. 

9. 

9.1. 

9.2. 

9.3. 

9.4. 

9.5. 

9.6. 

9.7. 

9.8. 

Directive 2005/36/EC of the European Parliament and of the Council of 7 September 
2005 on the recognition of professional qualifications .............................................. 51 

Health and Consumer Protection ............................................................................... 54 

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 ............................................................................................................... 54 

Council Directive 90/496/EEC of 24 September 1990 on nutrition labelling for 
foodstuffs.................................................................................................................... 55 

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......................................................... 57 

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................................................................................................................ 59 

Energy and Transport................................................................................................. 61 

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 .................................................................................................................... 61 

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 ............................................................................................ 61 

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.................................................... 62 

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................................................................................................................. 63 

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....................................................................................................................... 64 

Directive 2001/96/EC of the European Parliament and of the Council Directive of 
4 December 2001 establishing harmonised requirements and procedures for the safe 
loading and unloading of bulk carriers....................................................................... 66 

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 ............................................................................. 67 

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 ....................................... 68 

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9.9. 

Directive 2002/91/EC of the European Parliament and of the Council of 16 
December 2002 on the energy performance of buildings .......................................... 68 

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............................. 69 

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, amending Council Regulation (EEC) No 
3820/85 and Council Directive 91/439/EEC and repealing Council Directive 
76/914/EEC ................................................................................................................ 70 

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 ............ 71 

9.13.  Regulation (EC) No 336/2006 of the European Parliament and of the Council of 
15 February 2006 on the implementation of the International Safety Management 
Code within the Community and repealing Council Regulation (EC) No 3051/95 .. 72 

9.14.  Directive 2006/32/EC of the European Parliament and of the Council of 5 April 2006 

on energy end-use efficiency and energy services and repealing Council Directive 
93/76/EEC .................................................................................................................. 73 

Chronological Index................................................................................................................. 74 

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2007/0262 (COD) 

Adaptation to the regulatory procedure with scrutiny 
Part One 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

adapting a number of instruments subject to the procedure referred to in Article 251 of 
the Treaty to Council Decision 1999/468/EC, as amended by Decision 2006/512/EC, with 
regard to the regulatory procedure with scrutiny 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in  particular 
Articles 40, 47(1) and (2), first and third sentences, 55, 71, 80(2), 95, 100, 137(2), 156, 175(1) 
and 285. 

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 European Central Bank3, 

Following consultation of the Committee of the Regions, 

Acting in accordance with the procedure referred to in Article 251 of the Treaty4, 

Whereas: 

(1) 

Council  Decision  1999/468/EC  of  28 June  1999  laying  down  the  procedures  for  the 
exercise  of  implementing  powers  conferred  on  the  Commission5  was  amended  by 
Decision  2006/512/EC,  which  introduced  the  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,  inter  alia  by  deleting  some  of  those  elements  or  by  supplementing  the 
instrument by the addition of new non-essential elements. 

1 
2 
3 
4 
5 

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

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(2) 

(3) 

In accordance with the joint statement of the European Parliament, the Council and the 
Commission6  on  Decision  2006/512/EC,  for  this  new  procedure  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. 

The amendments that need to be made to instruments for this purpose concern only the 
committee procedures and so, in the case of Directives, do not require transposition by 
the Member States, 

HAVE ADOPTED THIS REGULATION: 

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 1 

References  to  provisions  of  the  instruments  listed  in  the  Annex  are  understood  to  be 
references to those provisions as adapted by this Regulation. 

Article 2 

This  Regulation  shall  enter  into  force  on  the  twentieth  day  following  its  publication  in  the 
Official Journal of the European Union. 

Article 3 

This Regulation shall be binding in its entirety and directly applicable in all Member States. 

Done at Brussels, […] 

For the European Parliament 
The President 
[…] 

For the Council 
The President 
[…] 

6 

OJ C 255, 21.10.2006, p. 1. 

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ANNEX 

1. 

1.1. 

AGRICULTURE 

Directive 1999/4/EC of the European Parliament and of the Council relating to 
coffee extracts and chicory extracts7 

As regards Directive 1999/4/EC, power should in particular be conferred on the Commission 
to  bring  it  into  line  with  the  general  Community  provisions  applicable  to  foodstuffs.  Since 
those  measures  are  of  general  scope  and  are  designed  to  amend  non-essential  elements  of 
Directive 1999/4/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 1999/4/EC is amended as follows: 

(1) 

Article 4 is replaced by the following: 

“Article 4 

A decision to bring this  Directive into line with the general Community provisions 
applicable to foodstuffs shall be made by the Commission. Such a 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 5(2)." 

(2) 

Article 5 is replaced by the following: 

“Article 5 

1. 

The  Commission  shall  be  assisted  by  the  Standing  Committee  on  the  Food 
Chain  and  Animal  Health,  set  up  by  Article  58  of  Regulation  (EC) 
No 178/2002 of the European Parliament and of the Council*. 

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. 

(*)  OJ L 31, 1.2.2002, p. 1." 

1.2. 

Directive 2000/36/EC of the European Parliament and of the Council relating to 
cocoa and chocolate products intended for human consumption8 

As regards Directive 2000/36/EC, power should in particular be conferred on the Commission 
to adopt the measures necessary for its implementation. Since those measures are of general 
scope  and  are  designed  to  amend  non-essential  elements  of  Directive  2000/36/EC  and/or  to 
supplement  it  by  the  addition  of  new  non-essential  elements,  they  must  be  adopted  in 

7 

8 

OJ  L  66,  13.3.1999,  p.  26.  Directive  as  amended  by  Regulation  (EC)  No 1882/2003  (OJ  L  284, 
31.10.2003, p. 1). 
OJ L 197, 3.8.2000, p. 19. Directive as amended by the Act of Accession of 2003. 

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accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 
1999/468/EC. 

Accordingly, Directive 2000/36/EC is amended as follows: 

(1) 

Article 5(1) is replaced by the following: 

"1.  The measures necessary for the implementation of this Directive relating to the 
matters referred to below, measures which are 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 
6(2): 

– 

– 

bringing  this  Directive  into  line  with  general  Community  provisions 
applicable to foodstuffs, 

adaptation of the provisions in Annex I(B)(2), (C) and (D) to technical 
progress. 

(2) 

Article 6 is replaced by the following: 

“Article 6 

1. 

The  Commission  shall  be  assisted  by  the  Standing  Committee  on  the  Food 
Chain  and  Animal  Health,  set  up  by  Article  58  of  Regulation  (EC) 
No 178/2002 of the European Parliament and of the Council*. 

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. 

(*)  OJ L 31, 1.2.2002, p. 1." 

2. 

EMPLOYMENT 

2.1. 

Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures 
to encourage improvements in the safety and health of workers at work9 

As regards Directive 89/391/EEC, power should in particular be conferred on the Commission 
to make purely technical adjustments to the individual Directives provided for in Article 16(1) 
of  the  Directive  resulting  from  the  adoption  of  Directives  in  the  field  of  technical 
harmonisation and standardisation, technical progress, changes in international regulations or 
specifications, and new findings. Since those measures are of general scope and are designed 
to  amend  non-essential  elements  of  Directive  89/391/EEC,  they  must  be  adopted  in 

9 

OJ  L 183, 29.6.1989, p. 1. Directive  as  amended by  Regulation  (EC) No 1882/2003  of  the  European 
Parliament and of the Council (OJ L 284, 31.10.2003, p. 1). 

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accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 
1999/468/EC. 

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  use  the  urgent  procedure  provided  for  in  Article  5a(6)  of  Decision  1999/468/EC  for  the 
adoption of amendments of a purely technical nature. 

Accordingly, Directive 89/391/EEC is amended as follows: 

(1) 

Article 17 is replaced by the following: 

“Article 17 

Committee 

1. 

The  Commission  shall  be  assisted  by  a  committee  to  make  purely  technical 
adjustments  to  the  individual  Directives  provided  for  in  Article  16(1)  to  take 
account of: 

(a) 

(b) 

the  adoption  of  Directives  in  the  field  of  technical  harmonisation  and 
standardisation;  

technical progress, changes in international regulations or specifications, 
and new findings. 

Those measures, designed to amend non-essential elements of these individual 
Directives, shall be adopted in accordance with the regulatory procedure with 
scrutiny  referred  to  in  paragraph  2.  On  imperative  grounds  of  urgency,  the 
Commission may use the urgent procedure referred to in paragraph 3. 

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." 

2.2. 

Council  Directive  92/29/EEC  of  31  March  1992  on  the  minimum  safety  and 
health requirements for improved medical treatment on board vessels10 

As regards Directive 92/29/EEC, power should in particular be conferred on the Commission 
to  make  purely  technical  adjustments  to  its  annexes  in  the  light  of  technical  progress  or 
changes  in  international  regulations  or  specifications  and  new  findings  in  this  field.  Since 
those  measures  are  of  general  scope  and  are  designed  to  amend  non-essential  elements  of 

10 

OJ L 113, 30.4.1992, p.19. Directive as amended by Regulation (EC) No 1882/2003 of the European 
Parliament and of the Council (OJ L 284, 31.10.2003, p. 1). 

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Directive 92/29/EEC, 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  time limits  normally  applicable  for  the 
regulatory procedure with scrutiny cannot be complied with, the Commission should be able 
to  use  the  urgent  procedure  provided  for  in  Article  5a(6)  of  Decision  1999/468/EC  for  the 
adoption of amendments of a purely technical nature. 

Accordingly, Directive 92/29/EEC is amended as follows: 

(1) 

Article 8 is replaced by the following: 

“Article 8 

Committee 

1.  With a view to the strictly technical adaptation of the annexes to this Directive 
in  the  light  of  technical  progress  or  changes  in  international  regulations  or 
specifications and new findings in this field, the Commission shall be assisted 
by a committee. 

Such adaptations, designed to amend non-essential elements of this Directive, 
shall  be  adopted  in  accordance  with  the  regulatory  procedure  with  scrutiny 
referred to in paragraph 2. On imperative grounds of urgency, the Commission 
may use the urgent procedure referred to in paragraph 3. 

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." 

2.3. 

Directive 2002/44/EC of the European Parliament and of the Council of 25 June 
2002 on the minimum health and safety requirements regarding the exposure of 
workers  to  the  risks  arising  from  physical  agents  (vibration)  (sixteenth 
individual  Directive  within  the  meaning  of  Article  16(1)  of  Directive 
89/391/EEC)11 

As regards Directive 2002/44/EC, power should in particular be conferred on the Commission 
to make purely technical adjustments to its annex resulting from the adoption of directives in 
the  field  of  technical  harmonisation  and  standardisation  with  regard  to  the  design,  building, 
manufacture or construction of work equipment and/or workplaces, and of technical progress, 
changes  in  the  most  appropriate  harmonised  European  standards  or  specifications  and  new 
findings concerning mechanical vibration. Since those measures are of general scope and are 
designed to amend non-essential elements of Directive 2002/44/EEC, they must be adopted in 

11 

OJ L 177, 6.7.2002, p. 13. 

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accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 
1999/468/EC. 

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  use  the  urgent  procedure  provided  for  in  Article  5a(6)  of  Decision  1999/468/EC  for  the 
adoption of amendments of a purely technical nature. 

Accordingly, Directive 2002/44/EC is amended as follows: 

Articles 11 and 12 are replaced by the following: 

“Article 11 

Technical amendments 

Amendments  to  the  Annex  of  a  strictly  technical  nature  shall  be  adopted  by  the 
Commission in line with: 

(a) 

(b) 

the  adoption  of  Directives  in  the  field  of  technical  harmonisation  and 
standardisation  with  regard  to  the  design,  building,  manufacture  or 
construction of work equipment and/or workplaces; 

technical progress, changes in the most appropriate harmonised European 
standards  or  specifications  and  new  findings  concerning  mechanical 
vibration; 

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 12(2).  On  imperative  grounds  of  urgency,  the  Commission  may  use  the 
urgent procedure referred to in Article 12(3). 

Article 12 

Committee 

1. 

The Commission shall be assisted by the Committee referred to in Article 17(2) 
of Directive 89/391/EEC. 

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." 

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2.4. 

Directive  2003/10/EC  of  the  European  Parliament  and  of  the  Council  of 
6 February 2003 on the minimum health and safety requirements regarding the 
exposure  of  workers  to  the  risks  arising  from  physical  agents  (noise) 
(Seventeenth  individual  Directive  within  the  meaning  of  Article 16(1)  of 
Directive 89/391/EEC)12 

As regards Directive 2003/10/EC, power should in particular be conferred on the Commission 
to make purely technical adjustments resulting from the adoption of Directives in the field of 
technical harmonisation and standardisation with regard to the design, building, manufacture 
or construction of work equipment and/or workplaces, and of technical progress, changes in 
the  most  appropriate  harmonised  European  standards  or  specifications  and  new  findings 
concerning  noise.  Since  those  measures  are  of  general  scope  and  are  designed  to  amend 
non-essential  elements  of  Directive  2003/10/EEC,  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  time limits  normally  applicable  for  the 
regulatory procedure with scrutiny cannot be complied with, the Commission should be able 
to  use  the  urgent  procedure  provided  for  in  Article  5a(6)  of  Decision  1999/468/EC  for  the 
adoption of amendments of a purely technical nature. 

Accordingly, Directive 2003/10/EC is amended as follows: 

Articles 12 and 13 are replaced by the following: 

“Article 12 

Technical amendments 

Amendments  of  a  strictly  technical  nature  shall  be  adopted  by  the  Commission  in 
line with: 

(a) 

the  adoption  of  Directives  in  the  field  of  technical  harmonisation  and 
standardisation  with  regard  to  the  design,  building,  manufacture  or 
construction of work equipment and/or workplaces; and 

(b) 

technical progress, changes in the most appropriate harmonised European 
standards or specifications and new findings concerning noise. 

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(2).  On  imperative  grounds  of  urgency,  the  Commission  may  use  the 
urgent procedure referred to in Article 13(3). 

Article 13 

Committee 

12 

OJ L 42, 15.2.2003, p. 38. 

EN 

14 

   EN 

 
                                                 
 
1. 

The Commission shall be assisted by the Committee referred to in Article 17 of 
Directive 89/391/EEC. 

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." 

2.5. 

Directive 2004/40/EC of the European Parliament and of the Council of 29 April 
2004 on the minimum health and safety requirements regarding the exposure of 
workers to the risks arising from physical agents (electromagnetic fields) (18th 
individual  Directive  within  the  meaning  of  Article  16(1)  of  Directive 
89/391/EEC)13 

As regards Directive 2004/40/EC, power should in particular be conferred on the Commission 
to  make  purely  technical  amendments  to  its  annexes,  taking  into  account  the  adoption  of 
Directives  in  the  field  of  technical  harmonisation  and  standardisation  with  regard  to  the 
design, building, manufacture or construction  of work equipment and/or  workplaces,  and of 
technical  progress,  changes  in  the  most  appropriate  harmonised  European  standards  or 
specifications  and  new  scientific  findings  concerning  electromagnetic  fields.  Since  those 
measures are of general scope and are designed to amend non-essential elements of Directive 
2004/40/EEC,  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  time limits  normally  applicable  for  the 
regulatory procedure with scrutiny cannot be complied with, the Commission should be able 
to  use  the  urgent  procedure  provided  for  in  Article  5a(6)  of  Decision  1999/468/EC  for  the 
adoption of amendments of a purely technical nature. 

Accordingly, Directive 2004/40/EC is amended as follows: 

(1) 

Article 10(2) is replaced by the following: 

"2.  Amendments to the Annex of a strictly technical nature shall be adopted by the 

Commission in line with: 

(a) 

(b) 

the  adoption  of  Directives  in  the  field  of  technical  harmonisation  and 
standardisation  with  regard  to  the  design,  building,  manufacture  or 
construction of work equipment and workplaces; 

technical  progress,  changes  in  the  most  relevant  harmonised  European 
standards  or  specifications,  and  new  scientific  findings  concerning 
electromagnetic fields. 

13 

OJ L 159, 30.4.2004, p. 1. 

EN 

15 

   EN 

 
                                                 
 
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).  On  imperative  grounds  of  urgency,  the  Commission  may  use  the 
urgent procedure referred to in Article 11(3)." 

(2) 

Article 11 is amended as follows: 

(a)  Paragraph 2 is 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 is replaced by the following: 

"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." 

2.6. 

Directive 2006/25/EC of the European Parliament and of the Council of 5 April 
2006 on the minimum health and safety requirements regarding the exposure of 
workers to risks arising from physical agents (artificial optical radiation) (19th 
individual  Directive  within  the  meaning  of  Article  16(1)  of  Directive 
89/391/EEC)14 

As regards Directive 2006/25/EC, power should in particular be conferred on the Commission 
to  make  purely  technical  amendments  to  its  annexes,  taking  into  account  the  adoption  of 
Directives  in  the  field  of  technical  harmonisation  and  standardisation  with  regard  to  the 
design, building, manufacture or construction  of work equipment and/or  workplaces,  and of 
technical  progress,  changes  in  the  most  appropriate  harmonised  European  standards  or 
international specifications, and new scientific findings concerning occupational exposure to 
optical  radiation.  Since  those  measures  are  of  general  scope  and  are  designed  to  amend 
non-essential  elements  of  Directive  2006/25/EEC,  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  time limits  normally  applicable  for  the 
regulatory procedure with scrutiny cannot be complied with, the Commission should be able 
to  use  the  urgent  procedure  provided  for  in  Article  5a(6)  of  Decision  1999/468/EC  for  the 
adoption of amendments of a purely technical nature. 

Accordingly, Directive 2006/25/EC is amended as follows: 

(1) 

Article 10(2) is replaced by the following: 

"2.  Amendments to the annexes of a strictly technical nature shall  be adopted  by 

the Commission in line with: 

14 

OJ L 114, 27.4.2006, p. 38. 

EN 

16 

   EN 

 
                                                 
 
(a) 

(b) 

the  adoption  of  Directives  in  the  field  of  technical  harmonisation  and 
standardisation  with  regard  to  the  design,  building,  manufacture  or 
construction of work equipment and/or workplaces; 

technical  progress,  changes  in  the  most  relevant  harmonised  European 
standards  or  international  specifications,  and  new  scientific  findings 
concerning occupational exposure to optical radiation. 

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).  On  imperative  grounds  of  urgency,  the 
Commission may use the urgent procedure referred to in Article 11(3)." 

(2) 

Article 11 is amended as follows: 

(a)  Paragraph 2 is 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 is replaced by the following: 

"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." 

3. 

ENTERPRISE 

3.1. 

Council Directive 76/767/EEC of 27 July 1976 on the approximation of the laws 
of  the  Member  States  relating  to  common  provisions  for  pressure  vessels  and 
methods of inspecting them15 

As regards Directive 76/767/EEC, power should in particular be conferred on the Commission 
to  adapt  to  technical  progress  its  annexes  and  some  provisions  of  the  separate  Directives. 
Since those measures are of general scope and are designed to amend non-essential elements 
of Directive 76/767/EEC and its separate directives, they must be adopted in accordance with 
the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC. 

Accordingly, Directive 76/767/EEC is amended as follows: 

(1) 

Article 18 is replaced by the following: 

"The  Commission  shall  adapt  to  technical  progress  Annexes  I  and  II  and  those 
provisions of the separate directives which are specifically indicated in each of them. 
Those measures, designed to amend non-essential elements of this Directive and of 

15 

OJ L 262, 27.9.1976, p. 153. 

EN 

17 

   EN 

 
                                                 
 
separate  Directives,  shall  be  adopted  in  accordance  with  the  regulatory  procedure 
with scrutiny referred to in Article 20(2)." 

(2) 

Article 20 is amended as follows: 

a) 

Paragraph 2 is 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 is deleted. 

3.2. 

Council Directive 76/769/EEC of 27 July 1976 on the approximation of the laws, 
regulations  and  administrative  provisions  of  the  Member  States  relating  to 
restrictions  on  the  marketing  and  use  of  certain  dangerous  substances  and 
preparations16 

As regards Directive 76/769/EEC, power should in particular be conferred on the Commission 
to adapt the Annexes to technical progress. Since those measures are of general scope and are 
designed  to  amend  non-essential  elements  of  Directive  76/769/EC,  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 such as the urgent need to reinforce restrictions to 
the  marketing  or  use  of  dangerous  substances,  the  normal  time  limits  for  the  regulatory 
procedure with scrutiny cannot be complied with, the Commission should be able to use the 
urgent procedure provided for in Article 5a(6) of Decision 1999/468/EC. 

Accordingly, Directive 76/769/EEC is amended as follows: 

(1) 

Article 2a is replaced as follows: 

"Article 2a 

The  Commission  may  adapt  the  Annexes  to  technical  progress,  with  regard  to 
substances  and  preparations  already  covered  by  the  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 2b(2). 
On  imperative  grounds  of  urgency,  the  Commission  may  use  the  urgent  procedure 
referred to in Article 2b(3)." 

(2) 

The following Article 2b is inserted: 

"Article 2b 

16 

OJ L 262, 27.9.1976, p. 201. Directive as last amended by Commission Directive 2006/139/EC (OJ L 
384, 29.12.2006). 

EN 

18 

   EN 

 
                                                 
 
1. 

The  Commission  shall  be  assisted  by  the  Committee  established  by 
Article 29(1) of Directive 67/548/EEC (*). 

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. 

_________________________________ 

(*) OJ 169, 16.8.1967, p. 1. Directive as last amended by Directive 2006/121/EC (OJ 
L 396, 30.12.2006, p. 850)." 

3.3. 

Directive  94/25/EC  of  the  European  Parliament  and  of  the  Council  of  16  June 
1994  on  the  approximation  of  the  laws,  regulations  and  administrative 
provisions of the Member States relating to recreational craft17 

As regards Directive 94/25/EC, power should in particular be conferred on the Commission to 
introduce amendments which are necessary, in the light of evolution of technical knowledge 
and new scientific evidence. Since those measures are of general scope and are designed to 
amend non-essential elements of that Directive, they must be adopted in accordance with the 
regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC. 

Accordingly, Directive 94/25/EC is amended as follows: 

(1) 

Article 6a is replaced by the following: 

"Article 6a 

The  Commission  may  introduce  amendments  which  are  necessary,  in  the  light  of 
evolution of technical knowledge and new scientific evidence, to the requirements of 
Annex I.B.2 and Annex I.C.1 excluding direct or indirect modifications to exhaust or 
noise emission values and to the Froude and P/D ratio values. Issues to be dealt with 
shall include the reference fuels and the standards to be used for exhaust and noise 
emissions testing. 

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 6b(2)." 

(2) 

The following Article 6b is inserted: 

"Article 6b 

17 

OJ L 41, 15.2.2000, p. 20. Directive as last amended by Regulation (EC) No 1882/2003 of the European 
Parliament and of the Council (OJ L 284, 31.10.2003, p. 1). 

EN 

19 

   EN 

 
                                                 
 
1. 

The  Commission  shall  be  assisted  by  the  Committee  set  up  pursuant  to 
Article 6(3). 

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." 

3.4. 

Directive  96/73/EC  of  the  European  Parliament  and  of  the  Council  of 
16 December  1996  on  certain  methods  for  the  quantitative  analysis  of  binary 
textile fibre mixtures18 

As regards Directive 96/73/EC, power should in particular be conferred on the Commission to 
adopt  the  measures  necessary  for  the  adaptation  to  technical  progress  of  the  methods  of 
quantitative analysis provided for in Annex II of that Directive. Since those measures are of 
general scope and are designed to amend non-essential elements of Directive 96/73/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 96/73/EC is amended as follows: 

(1) 

Articles 5 and 6 are replaced by the following: 

"Article 5 

The  Commission  shall  adapt  to  technical  progress  the  methods  of  quantitative 
analysis provided for in Annex II. 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). 

Article 6 

1. 

The  Commission  shall  be  assisted  by  a  Committee  for  Directives  relating  to 
Textile Names and Labelling. 

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." 

3.5. 

Directive 1999/45/EC of the European Parliament and of the Council of 31 May 
1999 concerning the approximation of the laws, regulations and administrative 
provisions  of  the  Member  States  relating  to  the  classification,  packaging  and 
labelling of dangerous preparations19 

As regards Directive 1999/45/EC, power should in particular be conferred on the Commission 
to adapt the annexes to technical progress. Since those measures are of general scope and are 
designed to amend non-essential elements of Directive 1999/45/EC, they must be adopted in 

18 
19 

OJ L 32, 3.2.1997, p. 1. Directive as amended by Directive 2007/4/EC (OJ L 28, 3.02.2007, p.14.). 
OJ L 200, 30.07.1999 p. 1. Directive as last amended by Commission Directive 2006/8/EC (OJ L 19, 
24.1.2006, p. 12). 

EN 

20 

   EN 

 
                                                 
 
accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 
1999/468/EC. 

Accordingly, Directive 1999/45/EC is amended as follows: 

(1) 

In Article 10(3) the first sentence is replaced by the following: 

"For certain preparations classified as dangerous within the meaning of Article 7, by 
way of derogation from paragraphs 2.4, 2.5 and 2.6 of this Article, the Commission 
may  determine  exemptions  to  certain  provisions  on  environmental  labelling  or 
specific  provisions  in  relation  to  environmental  labelling,  where  it  can  be 
demonstrated  that  there  would  be  a  reduction  in  the  environmental  impact.  Those 
this  Directive  by 
to  amend  non-essential  elements  of 
measures,  designed 
supplementing it, shall be adopted in accordance with the regulatory procedure with 
scrutiny referred to in Article 20a(3)." 

(2) 

In Article 12(4), the second sentence is replaced by the following: 

"Where  it  is  appropriate,  the  Commission  may  decide  upon  measures  in  the 
framework of Annex V. 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 20a(3)." 

(3) 

Article 19(3) is replaced by the following: 

"3.  The  Commission  shall  take  a  decision  in  accordance  with  the  regulatory 

procedure referred to in Article 20a(2)." 

(4) 

Article 20 is replaced by the following: 

"Article 20 

The  Commission  shall  adapt  to  technical  progress  the  Annexes  to  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 20a(3)." 

(5) 

The following Article 20a is inserted: 

"Article 20a 

1. 

The  Commission  shall  be  assisted  by  the  committee  established  by  Article 
29(1) of Directive 67/548/EEC (*). 

2.  Where  reference  is  made  to  this  paragraph,  Articles  5  and  7  of  Decision 

1999/468/EC shall apply, having regard to the provisions of Article 8 thereof. 

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

EN 

21 

   EN 

 
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. 

________________________________ 

(*) OJ 169, 16.8.1967, p. 1. Directive as last amended by Directive 2006/121/EC (OJ 
L 396, 30.12.2006, p. 850)." 

3.6. 

Directive  2002/24/EC  of  the  European  Parliament  and  of  the  Council  of  18 
March 2002 relating to the type-approval of two or three-wheel motor vehicles 
and repealing Council Directive 92/61/EEC20 

As regards Directive 2002/24/EC, power should in particular be conferred on the Commission 
to adapt to technical progress its annexes or the provisions of the separate directives referred 
to  in  its  Annex  I.  Since  those  measures  are  of  general  scope  and  are  designed  to  amend 
non-essential elements of Directive 2002/24/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 2002/24/EC is amended as follows: 

(1) 

Article 17 is replaced by the following: 

“Article 17 

The Commission may adapt to technical progress the Annexes to this Directive or the 
provisions of the separate directives referred to in Annex I. Those measures designed 
to amend  non-essential  elements  of this  Directive or  its separate directives  shall be 
adopted  in  accordance  with  the  regulatory  procedure  with  scrutiny  referred  to  in 
Article 18(2).” 

(2) 

Article 18 is amended as follows: 

(a) 

Paragraph 2 is replaced by the following: 

"2.  Where reference is made to this paragraph, Articles 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 is deleted. 

20 

OJ  L  124,  9.5.2002,  p.  1.  Directive  as  last  amended  by  Council  Directive  2006/96/EC  (OJ  L  363, 
20.12.2006, p.81). 

EN 

22 

   EN 

 
                                                 
 
3.7. 

Directive 2003/37/EC of the European Parliament and of the Council of 26 May 
2003  on  type-approval  of  agricultural  or  forestry  tractors,  their  trailers  and 
interchangeable towed machinery, together with their systems, components and 
separate technical units and repealing Directive 74/150/EEC21 

As regards Directive 2003/37/EC, power should in particular be conferred on the Commission 
to  adapt  its  annexes,  to  adapt  the  technical  provisions  of  the  separate  directives  and  to 
introduce into the separate directives provisions relating to the EC type-approval of separate 
technical  units.  Since  those  measures  are  of  general  scope  and  are  designed  to  amend  non-
essential  elements  of  Directive  2003/37/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 2003/37/EC is amended as follows: 

(1) 

In Article 19(1), the first sentence is replaced by the following: 

“1.  The measures necessary for the implementation of this Directive relating to the 
subject  matter  referred  to  below  shall  be  adopted  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 20(3):” 

(2) 

Article 20(3) is replaced by the following: 

“3.  Where reference is made to this paragraph, Articles 5a(1) to (4) and Article 7 
of Decision 1999/468/EC shall apply, having regard to the provisions of Article 
8 thereof.” 

3.8. 

Directive  2004/22/EC  of  the  European  Parliament  and  of  the  Council  of  31 
March 2004 on measuring instruments22 

As  regards  Directive  2004/22/EC,  the  Commission  may,  in  particular  take  any  appropriate 
measure to amend the instrument-specific annexes (MI-001 to MI-010). Since those measures 
are  of  general  scope  and  are  designed  to  amend  non-essential  elements  of  Directive 
2004/22/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 2004/22/EC is amended as follows: 

(1) 

Article 15 is amended as follows: 

a) 

Paragraph 3 is 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.” 

21 
22 

OJ L 171, 9.7.2003, p.1. 
OJ L 135, 30.4.2004, p. 1. 

EN 

23 

   EN 

 
                                                 
 
b) 

Paragraph 4 is deleted. 

(2) 

Article 16(2) is replaced by the following: 

"2.  On  request  by  a  Member  State  or  on  its  own  initiative,  the  Commission  may 
amend  instrument-specific  annexes  (MI-001  to  MI-010)  in  respect  of  the 
following: 

(a) 

the maximum permissible errors (MPEs) and accuracy classes; 

(b) 

the rated operating conditions; 

(c) 

the critical change values; 

(d)  disturbances. 

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(3).” 

4. 

ENVIRONMENT 

4.1. 

Council  Directive  76/160/EEC  of  8  December  1975  concerning  the  quality  of 
bathing water23 

As regards Directive 76/160/EEC, power should in particular be conferred on the Commission 
to  adapt  to  technical  progress  the  G  and  I  values  for  the  parameters,  and  the  methods  of 
analysis, set out in the Annex. Since those measures are of general scope and are designed to 
amend non-essential elements of Directive 76/160/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 76/160/EEC is amended as follows: 

(1) 

Article 9 is replaced by the following: 

"Article 9 

The Commission shall adopt such amendments as are necessary for adapting the G 
and I values for the parameters, and the methods of analysis, set out in the Annex to 
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)." 

23 

OJ L 31, 5.2.1976, p.1, Directive as last amended by Council Regulation (EC) No 807/2003 of 14 April 
2003 (OJ L 122, 16.5.2003, p.36) 

EN 

24 

   EN 

 
                                                 
 
(2) 

Article 11 is amended as follows: 

a) 

Paragraph 2 is 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 is deleted. 

4.2. 

Council  Directive  91/271/EEC  of  21  May  1991  concerning  urban  waste  water 
treatment24 

As regards Directive 91/271/EEC, power should in particular be conferred on the Commission 
to amend the requirements laid down in the Annexes I.A, I.B and I.C. Since those measures 
are  of  general  scope  and  are  designed  to  amend  non-essential  elements  of  Directive 
91/271/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 91/271/EEC is amended as follows: 

(1) 

Article 3(2) is replaced by the following: 

"2.  Collecting  systems  described  in  paragraph  1  shall  satisfy  the  requirements  of 
Annex I A. The Commission may amend these requirements. 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 18(3)." 

(2) 

Article 4(3) is replaced by the following: 

"3.  Discharges from urban waste water treatment plants described in paragraphs 1 
and  2  shall  satisfy  the  relevant  requirements  of  Annex  I.B.  The  Commission 
may  amend  these  requirements.  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 18(3)." 

(3) 

Article 5(3) is replaced by the following: 

"3.  Discharges from urban waste water treatment plants described in paragraph 2 
shall  satisfy  the  relevant  requirements  of  Annex  I  B.  The  Commission  may 
amend  these  requirements.  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 18(3)." 

(4) 

Article 8 is amended as follows: 

24 

OJ  L  135,  30.5.1991,  p.  40.  Directive  as  last  amended  by  Regulation  (EC)  No  1882/2003  of  the 
European Parliament and of the Council (OJ L 284, 31.10.2003, p. 1). 

EN 

25 

   EN 

 
                                                 
 
a) 

Paragraph 4 is replaced by the following: 

"4.  The  Commission  shall  examine  this  request  and  take  appropriate 
measures  in  accordance  with  the  regulatory  procedure  laid  down  in 
Article 18(2)." 

b) 

In paragraph 5, the second subparagraph is replaced by the following: 

"In  such  circumstances,  Member  States  shall  submit  beforehand  the  relevant 
documentation  to  the  Commission.  The  Commission  shall  examine  the  case 
and take appropriate measures in accordance with the regulatory procedure laid 
down in Article 18(2)." 

(5) 

Article 11(2) is replaced by the following: 

"2.  Regulations  and/or  specific  authorization  shall  satisfy  the  requirements  of 
Annex I C. The Commission may amend these requirements. 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 18(3)." 

(6) 

Article 12(3) is replaced by the following: 

"3.  Prior regulations and/or specific authorization of discharges from urban waste 
water treatment plants made pursuant to paragraph 2 within agglomerations of 
2 000 to 10 000 p.e. in the case of discharges to fresh waters and estuaries, and 
of 10 000 p.e. or more in respect of all discharges, shall contain conditions to 
satisfy  the  relevant  requirements  of  Annex  I  B.  The  Commission  may  amend 
these requirements. 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 18(3)." 

(7) 

Article 15(5) is replaced by the following: 

"5.  The  Commission  may  formulate  guidelines  on  the  monitoring  referred  to  in 
paragraphs 1, 2 and 3, in accordance with the regulatory procedure referred to 
in Article 18(2)." 

(8) 

Article 17(4) is replaced by the following: 

"4.  The Commission shall determine, in accordance with the regulatory procedure 
referred  to  in  Article  18(2),  the  methods  and  formats  to  be  adopted  for 
reporting on the national programmes. Any amendments to those methods and 
formats shall be adopted in accordance with the same procedure." 

(9) 

In Article 18, paragraphs 2 and 3 are replaced by the following: 

"2.  Where  reference  is  made  to  this  paragraph,  Articles  5  and  7  of  Decision 

1999/468/EC shall apply, having regard to the provisions of Article 8 thereof. 

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

EN 

26 

   EN 

 
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." 

4.3. 

Council  Directive  91/676/EEC  of  12  December  1991  concerning  the  protection 
of waters against pollution caused by nitrates from agricultural sources25 

As regards Directive 91/676/EEC, power should in particular be conferred on the Commission 
to adapt or supplement annexes to technical and scientific progress. Since those measures are 
of general scope and are designed to amend non-essential elements of Directive 91/676/EEC 
and to supplement it by the addition of 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 91/676/EEC is amended as follows: 

(1) 

Articles 7 and 8 are replaced by the following: 

"Article 7 

The Commission may draw up guidelines for the monitoring referred to in Article 5 
and 6 in accordance with the regulatory procedure referred to in Article 9(2). 

Article 8 

The Commission may adapt the Annexes to this Directive 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 9(3)." 

(2) 

Article 9(3) is 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." 

(3) 

In point 2 of Annex III, the third subparagraph is replaced by the following: 

"If  a  Member  State  allows  a  different  amount  under  point  (b)  of  the  second 
subparagraph, it shall inform the Commission which shall examine the justification 
in accordance with the regulatory procedure referred to in Article 9(2)." 

4.4. 

Directive  94/63/EC  of  the  European  Parliament  and  of  the  Council  of  20 
December  1994  on  the  control  of  volatile  organic  compound  (VOC)  emissions 

25 

OJ  L  375,  31.12.1991,  p.  1.  Directive  as  last  amended  by  Regulation  (EC)  No  1882/2003  of  the 
European Parliament and of the Council of 29 September 2003 (OJ L 284, 31.10.2003, p.1) 

EN 

27 

   EN 

 
                                                 
 
resulting  from  the  storage  of  petrol  and  its  distribution  from  terminals  to 
service stations26 

As regards Directive 94/63/EC, power should in particular be conferred on the Commission to 
revise the specifications for bottom loading equipment laid down in Annex IV and to adapt, 
with  the  exception  of  limit  values  laid  down  in  point  2  of  Annex  II,  the  Annexes  to  that 
Directive to technical progress. Since those measures are of general scope and are designed to 
amend  non-essential  elements  of  Directive  94/63/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 94/63/EC is amended as follows: 

(1) 

In Article 4(1) the sixth subparagraph is replaced by the following: 

"All terminals with loading facilities for road tankers shall be equipped with at least 
one gantry which meets the specifications for bottom loading equipment laid down in 
Annex IV. The Commission shall re-examine those specifications at regular intervals 
and,  if  appropriate,  revise  them.  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 7 is replaced by the following: 

"Article 7 

Adaptation to technical progress 

Except for the limit values laid down in point 2 of Annex II, the Commission may 
amend the  Annexes for the purposes of  adapting them to 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 8(2)." 

(3) 

Article 8 is amended as follows: 

a) 

Paragraph 2 is 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 is deleted. 

26 

OJ  L  365,  31.12.1994,  p.  24.  Directive  as  amended  by  Regulation  (EC)  No  1882/2003  (OJ  L  284, 
31.10.2003, p. 1). 

EN 

28 

   EN 

 
                                                 
 
4.5. 

Council  Directive  96/82/EC  of  9  December  1996  on  the  control  of  major-
accident hazards involving dangerous substances27 

As regards Directive 96/82/EC, power should in particular be conferred on the Commission to 
adapt  Annexes  II  to  VI  to  technical  progress  and  to  establish  harmonized  criteria  for  any 
decisions by the competent authorities in the Member States that an establishment is in a state 
incapable of creating a major accident hazard. Since those measures are of general scope and 
are  designed  to  amend  non-essential  elements  of  Directive  96/82/EC  and  to  supplement 
Directive  96/82/EC  by  the  addition  of  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 96/82/EC is amended as follows: 

(1) 

Article 9(6)(b) is replaced by the following: 

"(b)  The  Commission  shall  establish  harmonized  criteria  for  the  decision  by  the 
competent authority that an establishment is in a state incapable of creating a 
major  accident  hazard  within  the  meaning  of  subparagraph  (a).  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 22(3)." 

(2) 

Article 15(2) is replaced by the following: 

"2.  Member States shall, as soon as the  information provided for in Article 14 is 
collected,  inform  the  Commission  of  the  result  of  their  analysis  and 
recommendations  using  a  report  form  established  and  kept  under  review 
through the regulatory procedure referred to in Article 22(2)." 

(3) 

Article 21 is replaced by the following: 

"Article 21 

Terms of reference of the Committee 

1. 

The  Commission  shall  adapt  the  criteria  referred  to  in  Article  9(6)(b)  and 
Annexes II to VI to 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 22(3)." 

2. 

The  measure  to  draw  up  the  report  form  referred  to  in  Article  15(2)  shall  be 
adopted 
in 
Article 22(2)" 

the  regulatory  procedure 

in  accordance  with 

laid  down 

27 

OJ L 10. 14.1.1997, p. 13, as amended by Directive 2003/105/EC (OJ L 345, 31.12.2003, p.97). 

EN 

29 

   EN 

 
                                                 
 
(4) 

Article 22 is replaced by the following: 

"Article 22 

Committee 

1. 

The Commission shall be assisted by a Committee. 

2.  Where  reference  is  made  to  this  paragraph,  Articles  5  and  7  of  Decision 

1999/468/EC shall apply, having regard to the provisions of Article 8 thereof. 

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

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." 

4.6. 

Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste28 

As regards Directive 1999/31/EC, power should in particular be conferred on the Commission 
to adapt the annexes thereto to scientific and technical progress and to adopt measures for the 
standardisation  of  control,  sampling  and  analysis  methods.  Since  those  measures  are  of 
general scope and are designed to amend non-essential elements of Directive 1999/31/EC and 
to supplement Directive 1999/31/EC by the addition of 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 1999/31/EC is amended as follows: 

(1) 

Article 16 is replaced by the following: 

"Article 16 

Committee 

Any  amendments  necessary  for  adapting  the  Annexes  to  this  Directive  to  scientific 
and technical progress and any measures for amending the standardisation of control, 
sampling and analysis methods in relation to the landfill of waste shall be adopted by 
the  Commission,  assisted  by  the  Committee  established  by  Article  18  of  Directive 
2006/12/EC.  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  17(3).  To  this  end,  as 
regards  Annex  II,  the  following  shall  be  observed  by  the  Committee:  taking  into 
account  the  general  principles  and  general  procedures  for  testing  and  acceptance 
criteria  as  set  out  in  Annex  II,  specific  criteria  and/or  test  methods  and  associated 

28 

OJ L 182, 16.7.1999, p. 1, Directive as amended by Regulation (EC) No 1882/2003 of 29 September 
2003 (OJ L 284, 31.10.2003, p. 1). 

EN 

30 

   EN 

 
                                                 
 
limit  values  should  be  set  for  each  class  of  landfill,  including  if  necessary  specific 
types of landfill within each class, including underground storage. 

The  Commission  shall  adopt,  and  when  necessary  amend,  in  accordance  with  the 
regulatory  procedure  referred  to  in  Article  17(2),  provisions  for  the  harmonisation 
and regular transmission of the statistical data referred to in Articles 5, 7 and 11." 

(2) 

Article 17(3) is 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." 

4.7. 

Directive  1999/94/EC  of  the  European  Parliament  and  of  the  Council  of 
13 December  1999  relating  to  the  availability  of  consumer  information  on  fuel 
economy and CO2 emissions in respect of the marketing of new passenger cars29 

As regards Directive 1999/94/EC, power should in particular be conferred on the Commission 
to  adapt  its  annexes.  Since  those  measures  are  of  general  scope  and  are  designed  to  amend 
non-essential elements of Directive 1999/94/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 1999/94/EC is amended as follows: 

(1) 

Article 9 is replaced by the following: 

"Article 9 

1.  Any amendments which are necessary in  order to  adapt the Annexes  shall be 
adopted  by 
following  consultation  with  consumer 
organisations and other interested parties. 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). 

the  Commission 

In order to assist this adaptation process, each Member State shall transmit to 
the  Commission,  by  31  December  2003,  a  report  on  the  effectiveness  of  the 
provisions  of  this  Directive,  covering  the  period  from  18  January  2001  until 
31 December 2002. The format of this report shall be established in accordance 
with  the  regulatory  procedure  referred  to  in  Article  10(2)  not  later  than 
18 January 2001. 

2. 

In  addition  to  the  measures  referred  to  in  paragraph  1,  the  Commission  shall 
take measures aiming at: 

(a) 

further  specifying  the  format  of  the  label  referred  to  in  Article  3  by 
amending Annex I; 

29 

OJ  L  12,  18.1.2000,  p.  16.  Directive  as  last  amended  by  Regulation  (EC)  No  1882/2003  (OJ  L  284, 
31.10.2003, p. 1). 

EN 

31 

   EN 

 
                                                 
 
(b) 

further  specifying  the  requirements  concerning  the  guide  referred  to  in 
Article  4  with  a  view  to  classifying  new  car  models  thus  enabling  a 
listing of the models according to CO2 emissions and fuel consumption 
in  specified  classes  including  a  class  for  a  listing  of  the  most  fuel 
efficient new car models; 

(c) 

establishing  recommendations  in  order  to  enable  the  application  of  the 
principles  of  the  provisions  on  promotional  literature  referred  to  in  the 
first paragraph of Article 6 to other media and material. 

The  measures  referred  to  in  point  (a)  of  the  first  subparagraph,  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). 

The measures referred to in points (b) and (c) of the first subparagraph shall be 
adopted  in  accordance  with  the  regulatory  procedure  referred  to  in  Article 
10(2)" 

(2) 

Article 10(3) is 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." 

4.8. 

Directive  2000/76/EC  of  the  European  Parliament  and  of  the  Council  of  4 
December 2000 on the incineration of waste30 

As regards Directive 2000/76/EC, power should in particular be conferred on the Commission 
to establish criteria for the requirements relating to the reduction of the frequency of certain 
periodic measurements, to decide the date from which continuous measurements of certain air 
emission limit values shall be carried out; to amend Articles 10, 11 and 13 and Annexes I and 
III in order to adapt them to technical progress or new findings concerning the health benefits 
of emission reductions; and to adapt the tables in Annex II, point 2.1. Since those measures 
are  of  general  scope  and  are  designed  to  amend  non-essential  elements  of  Directive 
2000/76/EC and to supplement that Directive by the addition of 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 2000/76/EC is amended as follows: 

(1) 

Article 11 is amended as follows: 

a) 

In paragraph 7, the first subparagraph is replaced by the following: 

"The reduction of the frequency of the periodic measurements for heavy metals 
from  twice  a  year  to  once  every  two  years  and  for  dioxins  and  furans  from 
twice  a  year  to  once  every  year  may  be  authorised  in  the  permit  by  the 

30 

OJ L 332, 28.12.2000, p. 91. 

EN 

32 

   EN 

 
                                                 
 
competent authority provided that the emissions resulting from co-incineration 
or  incineration  are  below  50%  of  the  emission  limit  values  determined 
according  to  Annex  II  or  Annex  V  respectively  and  provided  that  criteria  for 
the requirements to be met are available. The Commission shall establish these 
criteria, based at least on the provisions of the second subparagraph, points (a) 
and  (d).  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 17(2)." 

b) 

Paragraph 13 is replaced by the following: 

"13.  The  Commission  shall  decide,  as  soon  as  appropriate  measurement 
techniques  are  available  within  the  Community,  the  date  from  which 
continuous  measurements  of  the  air  emission  limit  values  for  heavy 
metals, dioxins and furans shall be carried out in accordance with Annex 
III.  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 17(2)." 

(2) 

Article 16 is replaced by the following: 

"Article 16 

Future adaptation of the directive 

The Commission shall amend Articles 10, 11 and 13 and Annexes I and III in order 
to adapt them to technical progress or new findings concerning the health benefits of 
emission  reductions.  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 17(2)." 

(3) 

Article 17 is replaced by the following: 

"Article 17 

Committee 

1. 

The Commission shall be assisted by a committee. 

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." 

(4) 

In point II.2.1 of Annex II, the first paragraph is replaced by the following: 

"Where, for large combustion plants, more stringent emission limit values are set in 
Directive 2001/80/EC or will be set according to other Community legislation, these 
emission  limit  values  shall  replace,  for  the  plants  and  pollutants  concerned,  the 
emission limit values as laid down in the following tables (Cproc). In that case, the 
Commission shall adapt the following tables to these more stringent emission  limit 
values. Those measures, designed to amend non-essential elements of this Directive, 

EN 

33 

   EN 

 
shall be adopted in accordance with the regulatory procedure with scrutiny referred 
to in Article 17(2), without delay." 

4.9. 

Directive 2002/49/EC of the European Parliament and of the Council of 25 June 
2002 relating to the assessment and management of environmental noise31 

As regards Directive 2002/49/EC, power should in particular be conferred on the Commission 
to adapt point 3 of Annex I, and Annexes II and III to technical and scientific progress and 
establish  common  assessment  methods.  Since  those  measures  are  of  general  scope  and  are 
designed  to  amend  non-essential  elements  of  Directive  2002/49/EC  and  to  supplement 
Directive 2002/49/EC by the addition of 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 2002/49/EC is amended as follows: 

(1) 

Article 6(2) is replaced by the following: 

"2.  The  Commission  shall  through  a  revision  of  Annex  II  establish  common 
assessment  methods  for  the  determination  of  Lden  and  Lnight.  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).  Until  these  methods  are  adopted,  Member  States  may  use 
assessment methods adapted in accordance with Annex II and based upon the 
methods  laid  down  in  their  own  legislation.  In  such  case,  they  must 
demonstrate that those methods give equivalent results to the results obtained 
with the methods set out in paragraph 2(2) of Annex II." 

(2) 

Article 12 is replaced by the following: 

"Article 12 

Adaptation 

The Commission shall adapt to technical and scientific progress point 3 of Annex I 
and Annexes II and III. 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(3) is 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) 

In Annex III, the introductive part of the second sentence is replaced by the following: 

31 

OJ L 189, 18.7.2002, p. 12. 

EN 

34 

   EN 

 
                                                 
 
"The dose-effect relations introduced by future revisions of this Annex in accordance 
with the regulatory procedure with scrutiny referred to in Article 13(3) will concern 
in particular:" 

4.10.  Regulation (EC) No 1830/2003 of the European Parliament and of the Council 
of  22  September  2003  on  the  traceability  and  labelling  of  genetically  modified 
organisms  and  the  traceability  of  food  and  feed  products  produced  from 
genetically modified organisms32 

As  regards  Regulation  (EC)  No  1830/2003,  power  should  in  particular  be  conferred  on  the 
Commission  to  establish  and  adapt  a  system  for  development  and  assignment  of  unique 
identifiers  to  GMOs.  Since  those  measures  are  of  general  scope  and  are  designed  to 
supplement  Regulation  (EC)  No  1830/2003  by  the  addition  of  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 1830/2003 is amended as follows: 

(1) 

Article 8 is replaced by the following : 

"Article 8 

Unique identifiers 

The Commission shall: 

a) 

prior to the application of Articles 1 to 7, establish a system for development 
and assignment of unique identifiers to GMOs; 

b) 

adapt the system provided for in point(a), as appropriate. 

The  measures  provided  for  in  the  first  paragraph,  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  10(2).  In  so  doing, 
account shall be taken of developments in international fora." 

(2) 

Article 10 is amended as follows: 

a) 

Paragraph 2 is 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 4 is deleted. 

4.11.  Directive 2004/42/EC of the European Parliament and of the Council of 21 April 
2004 on the limitation of emissions of volatile organic compounds due to the use 

32 

OJ L 268, 18.10.2003, p. 24. 

EN 

35 

   EN 

 
                                                 
 
of  organic  solvents  in  certain  paints  and  varnishes  and  vehicle  refinishing 
products and amending Directive 1999/13/EC33 

As regards Directive 2004/42/EC, power should in particular be conferred on the Commission 
to adapt Annex III to technical progress. Since those measures are of general scope and are 
designed to amend non-essential elements of Directive 2004/42/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 2004/42/EC is amended as follows: 

(1) 

Article 11 is replaced by: 

"Article 11 

Adaptation to technical progress 

The Commission shall adapt Annex III to take account of 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 12(3)." 

(2) 

Article 12(3) is 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." 

4.12.  Regulation (EC) No 842/2006 of the European Parliament and of the Council of 

17 May 2006 on certain fluorinated greenhouse gases34 

As  regards  Regulation  (EC)  n°  842/2006,  power  should  in  particular  be  conferred  on  the 
Commission to establish the standard leakage checking requirements, minimum requirements 
and the conditions for mutual recognition in respect of training programmes and certification, 
and to adopt additional labelling requirements. Since those measures are of general scope and 
are  designed  to  supplement  Regulation  (EC)  No  842/2006  by  the  addition  of  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 842/2006 is amended as follows: 

(1) 

Article 3(7) is replaced by the following: 

"7. 

[By  4  July  2007],  the  Commission  shall  establish  the  standard  leakage 
checking requirements for each of the applications referred to in paragraph 1 of 
this Article. Those measures, designed to amend non-essential elements of this 

33 
34 

OJ L 143, 30.4.2004, p. 87. 
OJ L 161, 14.6.2006, p. 1. 

EN 

36 

   EN 

 
                                                 
 
Regulation  by  supplementing  it,  shall  be  adopted  in  accordance  with  the 
regulatory procedure with scrutiny referred to in Article 12(3)." 

(2) 

Article 5(1) is replaced by the following: 

"1. 

[By 4 July 2007], the Commission shall establish, on the basis of information 
received  from  Member  States  and  in  consultation  with  the  relevant  sectors, 
minimum requirements and the conditions for mutual recognition in respect of 
training programmes and certification for both the companies and the relevant 
personnel  involved  in  installation,  maintenance  or  servicing  of  the  equipment 
and systems covered by Article 3(1) as well as for the personnel involved in the 
activities provided for in Articles 3 and 4. 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)." 

(3) 

Article 7(3) is replaced by the following: 

"3.  The  form  of  the  label  to  be  used  shall  be  established  in  accordance  with  the 

procedure referred to in Article 12(2). 

Labelling  requirements  additional  to  those  set  out  in  paragraph  1  shall,  if 
appropriate,  be  adopted.  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).  Before  submitting  a  proposal  to  the  Committee  referred  to  in 
Article 12(1),  the  Commission  shall  review  the  desirability  of  including 
additional environmental information, including the global warming potential, 
on labels, taking due account of existing labelling schemes already applicable 
to the products and equipment referred to in paragraph 2." 

(4) 

Article 12(3) is 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." 

4.13.  Directive  2006/44/EC  of  the  European  Parliament  and  of  the  Council  of  6 
September  2006  on  the  quality  of  fresh  waters  needing  protection  or 
improvement in order to support fish life35 

As regards Directive 2006/44/EC, power should in particular be conferred on the Commission 
to adapt the G values for the parameters, and the methods of analysis, set out in Annex I to 
technical and scientific progress. Since those measures are of general scope and are designed 
to  amend  non-essential  elements  of  Directive  2006/44/EC,  they  must  be  adopted  in 
accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 
1999/468/EC. 

35 

OJ L 264, 25.9.2006, p. 20. 

EN 

37 

   EN 

 
                                                 
 
Accordingly, Directive 2006/44/EC is amended as follows: 

(1) 

Article 12 is replaced by the following: 

"Article 12 

The  Commission  shall  adopt  any  amendments  necessary  for  adapting  the  G  values 
for the parameters, and the methods of analysis, set out in Annex I to technical and 
scientific  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 13(2)." 

(2) 

Article 13 is amended as follows: 

a) 

Paragraph 2 is 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 is deleted. 

4.14.  Directive  2006/113/EC  of  the  European  Parliament  and  of  the  Council  of  12 

December 2006 on the quality required of shellfish waters 36 

As  regards  Directive  2006/113/EC,  power  should  in  particular  be  conferred  on  the 
Commission to adapt to technical and scientific progress the G values for the parameters, and 
the methods of analysis, set out in Annex I. Since those measures are of general scope and are 
designed to amend non-essential elements of Directive 2006/113/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 2006/113/EC is amended as follows: 

(1) 

Article 12 is replaced by the following: 

"Article 12 

The  Commission,  assisted  by  the  Committee  set  up  by  Article  13(1)  of  Directive 
2006/44/EC,  shall  adopt  any  amendments  necessary  for  adapting  to  technical  and 
scientific progress the G values for the parameters, and the methods of analysis, set 
out  in  Annex  I.  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(2) of Directive 2006/44/EC." 

36 

OJ L 376, 27.12.2006, p. 14. 

EN 

38 

   EN 

 
                                                 
 
5. 

EUROSTAT 

5.1. 

Council  Regulation  (EEC)  No  696/93  of  15  March  1993  on  the  statistical  units 
for the observation and analysis of the production system in the Community37 

As regards Regulation (EEC) No 696/93, powers should be conferred on the Commission in 
particular to adapt the Annex to economic and technical developments. Since those measures 
are of general scope and are designed to amend non-essential elements of Regulation (EEC) 
No 696/93, 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 696/93 is amended as follows: 

(1) 

Articles 5 and 6 of Regulation (EEC) No 696/93 are replaced by the following: 

"Article 5 

After the end of the transitional period referred to in Article 4, the Commission may, 
in  accordance  with  the  procedure  referred  to  in  Article  7(2),  authorize  a  Member 
State to use other statistical units of the production system. 

Article 6 

The  Commission  shall  adapt  the  Annex  to  economic  and  technical  developments 
concerning  in  particular  the  statistical  units  of  the  production  system,  the  criteria 
used and the definitions. 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(3)." 

(2) 

Article 7 is replaced by the following: 

"Article 7 

1. 

The Commission shall be assisted by the Statistical Programme Committee. 

2.  Where  reference  is  made  to  this  paragraph,  Article  4  and  7  of  Decision 

1999/468/EC shall apply, having regard to the provisions of Article 8 thereof. 

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

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." 

37 

OJ  L  76,  30.3.1993,  p.  1.  Regulation  as  last  amended  by  Regulation  (EC)  No  1882/2003  of  the 
European Parliament and of the Council (OJ L 284, 31.10.2003, p. 1). 

EN 

39 

   EN 

 
                                                 
 
5.2. 

Council Directive 95/57/EC of 23 November 1995 on the collection of statistical 
information in the field of tourism38 

As regards Directive 95/57/EC, power should in particular be conferred on the Commission to 
determine the definitions to be applied to data collection characteristics and any adjustments 
to  the  list  of  data  collection  characteristics,  to  lay  down  the  necessary  minimum  accuracy 
requirements  that  the  results  must  meet  and  the  procedures  for  ensuring  the  harmonized 
processing  of  systematic  biases,  and  to  adopt  the  detailed  rules  for  the  processing  of  the 
information collected by the Member States. Since those measures are of general scope and 
are  designed  to  amend  non-essential  elements  of  Directive  95/57/EC  or  to  supplement  it  by 
the  addition  of  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 95/57/EC is amended as follows: 

(1) 

Article 3(2) is replaced by the following: 

"2.  The  definitions  to  be  applied  to  the  data  collection  characteristics  and  any 
adjustments to the list of data collection characteristics shall be determined 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 12(2)." 

(2) 

Article 4(1) is replaced by the following: 

"1.  The  collection  of  the  statistical  information  shall,  where  possible,  ensure  that 
the  results  meet  the  necessary  minimum  accuracy  requirements.  These 
requirements,  and  the  procedures  for  ensuring  the  harmonized  processing  of 
systematic  biases,  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  12(2).  The  minimum  accuracy  requirements  shall  be 
determined  with  particular  reference  to  annual  overnight  stays  at  national 
level." 

(3) 

Article 6 is replaced by the following: 

"Article 6 

Data processing 

Member States shall process the information collected under Article 3 in accordance 
with the accuracy requirements stipulated 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 

38 

OJ  L  291,  6.12.1995,  p.  32.  Directive  as  last  amended  by  Directive  2006/110/EC  (OJ  L  363, 
20.12.2006, p. 418). 

EN 

40 

   EN 

 
                                                 
 
accordance  with  the  Nomenclature  of  Territorial  Units  (NUTS)  of  the  Statistical 
Office of the European Communities." 

(4) 

(5) 

In Article 7(3), the words "Article 12" are replaced by "Article 12(1)." 

In Article 9, the words "Article 12" are replaced by "Article 12(1)." 

(6) 

In Article 11 the following paragraphs are added: 

"The  measures  referred  to  in  Articles  3,  4  and  6  which  are  designed  to  amend 
non-essential elements of this Directive, also 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) is 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)39 

As  regards  Regulation  (EC)  No  1059/2003,  power  should  in  particular  be  conferred  on  the 
Commission to amend 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  and  to  supplement  it  by  the  addition  of  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 amended as follows: 

(1) 

Article 3 is amended as follows: 

(a)  Paragraph 4 is replaced by the following: 

"4.  The  existing  administrative  units  used  for  the  NUTS  classification  are 
laid down in Annex II. Measures concerning changes to Annex II that are 
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)." 

39 

OJ  L  154,  21.6.2003,  p.  1.  Regulation  as  last  amended  by  Regulation  (EC)  No  105/2007  (OJ  L  39, 
10.2.2007, p. 1.) 

EN 

41 

   EN 

 
                                                 
 
(b)  The third subparagraph of paragraph 5 is replaced by the following: 

"Some  non-administrative  units  may,  however,  deviate  from  these  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 is replaced by the following: 

The  measures  concerning  changes  to  Annex  III,  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)." 

(3) 

Article 5 is amended as follows: 

(a)  The first sentence of paragraph 4 is 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 is 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  will  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)." These time series are 
to  be  supplied  within  two  years  of  the  amendment  of  the  NUTS 
classification." 

(4) 

Article 7 is replaced by the following: 

“Article 7 

1. 

The Commission shall be assisted by the Statistical Programme Committee. 

2.  Where reference is made to this paragraph, Article 5a(1) to (4) and Article 7 of 
Decision  No  1999/468/EC  shall  apply,  having  regard  to  the  provisions  of 
Article 8 thereof." 

EN 

42 

   EN 

 
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)40 

As  regards  Regulation  (EC)  No  1177/2003,  power  should  in  particular  be  conferred  on  the 
Commission to adopt the measures concerning target secondary areas, individuals included in 
the  initial  sample  and  implementation  measures  to  take  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 and to supplement it by the addition of 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 amended as follows: 

(1) 

Article 6(2) is replaced by the following: 

"2.  Target secondary areas shall be included every year starting from 2005 only in 
the cross-sectional component. The measures to define such target areas, which 
are  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)." One secondary area shall be covered each year. 

(2) 

Article 8(3) is replaced by the following: 

"3. 

In the longitudinal component, individuals included in the initial sample, that is 
to say, 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) is replaced by the following: 

"3.  Where  reference  is  made  to  this  paragraph,  Articles  5a(1)  to  4  and  7  of 
Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 
thereof. 

(4) 

The following paragraph 5 is added to Article 15: 

"5.  The  measures  referred  to  in  paragraphs  1  and  2,  which  amend  or  supplement 
non-essential  elements  of  this  Regulation,  shall  be  taken  at  least  12  months 
before  the  beginning  of  the  year  of  the  survey  in  accordance  with  the 
regulatory procedure with scrutiny referred to in Article 14(3)." 

40 

OJ  L  165,  3.7.2003,  p.1.  Regulation  as  last  amended  by  Regulation  (EC)  No  1791/2006  (OJ  L  363, 
20.12.2006, p. 1.) 

EN 

43 

   EN 

 
                                                 
 
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 Community41 

As  regards  Regulation  (EC)  No  138/2004,  power  should  in  particular  be  conferred  on  the 
Commission  to  update  the  methodology  of  the  economic  accounts  for  agriculture  in  the 
Community and 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 amended as follows: 

(1) 

Article 2(2) is 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) is 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 
the  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(2) and (3) are 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." 

5.6. 

Regulation (EC) No 808/2004 of the European Parliament and of the Council of 
21 April 2004 concerning Community statistics on the information society42 

As  regards  Regulation  (EC)  No  808/2004,  power  should  in  particular  be  conferred  on  the 
Commission to adopt the measures for implementing the modules concerning elements such 
as 
their 
the  selection  and  specification,  adjustment,  modification  of  subjects  and 
characteristics,  the  coverage  and  periodicity  provided  for  in  this  Regulation.  Since  those 
measures  are  of  general  scope  and  are  designed  to  amend  non-essential  elements  of 
Regulation  (EC)  No 808/2004  and  to  supplement  it  by  the  addition  of  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 808/2004 is amended as follows: 

41 

42 

OJ L 33, 5.2.2004, p. 1. Regulation as last amended by Commission Regulation (EC) No 909/2006 (OJ 
L 168, 21.6.2006, p.14). 
OJ  L  143,  30.4.2004,  p.  49.  Regulation  as  amended  by  Regulation  (EC)  No  1893/2006  (OJ  L  393, 
30.12.2006, p. 1). 

EN 

44 

   EN 

 
                                                 
 
(1) 

Articles 8 and 9 are replaced by the following: 

“Article 8 

Implementing measures 

1. 

2. 

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. 

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  consideration  Member  States'  resources  and  the  burden  on  respondents, 
technical and methodological feasibility and reliability of results. 

3. 

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

Article 9  

Committee 

1. 

The Commission shall be assisted by the Statistical Programme Committee.  

2.  Where  reference  is  made  to  this  paragraph,  Articles  5a(1)  to  4  and  7  of 
Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 
thereof. 

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 investment43 

As regards Regulation (EC) No 184/2005, powers should be conferred on the Commission in 
particular to specify the common  quality standards as well as the content and periodicity of 
the  quality  reports.  Powers  should  also  be  conferred  on  it  to  adapt  the  Annexes  to  the 
economic and technical changes. Since those measures are of general scope and are designed 
to  amend  non-essential  elements  of  this  Regulation  and  to  supplement  it  by  the  addition  of 
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 amended as follows: 

43 

OJ  L  35,  8.2.2005,  p.  23.  Regulation  as  amended  by  Commission  Regulation  (EC)  No  602/2006  of 
18 April 2006 (OJ L 106, 19.4.2006, p. 10). 

EN 

45 

   EN 

 
                                                 
 
(1) 

Article 4(3) is 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 by the Commission shall be sent to the European Parliament 
for information." 

(2) 

Articles 10 and 11 are replaced by the following: 

"Article 10 

Adaptation to economic and technical changes 

The measures necessary to take account of economic and technical changes shall be 
laid down by the Commission. 

Such measures shall concern: 

(a) 

the  updating  of  data  requirements,  including  submission  deadlines  as 
well  as  revisions,  extensions  and  eliminations  of  data  flows  set  out  in 
Annex I; 

(b) 

the updating of the definitions set out in Annex II. 

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 11(3). 

Article 11 

Committee procedure 

1. 

The  Commission  shall  be  assisted  by  the  Balance  of  Payments  Committee, 
hereinafter referred to as “the Committee”. 

2.  Where  reference  is  made  to  this  paragraph,  Articles  5  and  7  of  Decision 

1999/468/EC shall apply, having regard to the provisions of Article 8 thereof. 

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

EN 

46 

   EN 

 
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. 

The ECB may attend the meetings of the Committee as an observer." 

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 sector44 

As  regards  Regulation  (EC)  No  1161/2005,  power  should  in  particular  be  conferred  on  the 
Commission to establish timetables and breakdown of the transactions, to adjust time of data 
transmission,  to  adjust  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 and to supplement it by the addition of 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 amended as follows: 

(1) 

Article 2 is amended as follows: 

a) 

Paragraph 2 is 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, respectively 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 is 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) is 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)." 

44 

OJ L 191, 22.7.2005, p. 22. 

EN 

47 

   EN 

 
                                                 
 
(3) 

Article 6 (1) is replaced by the following: 

"1.  Member  States  shall  take  all  measures  necessary  to  ensure  that  the  quality  of 
the data transmitted improves over time to meet the common quality standards 
to  be  defined  by  the  Commission.  These  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 
8(3). " 

(4) 

Article 8 is replaced by the following: 

"Article 8 

Committee procedure 

1. 

The  Commission  shall  be  assisted  by  the  Statistical  Programme  Committee, 
hereinafter referred to as “the Committee”. 

2.  Where  reference  is  made  to  this  paragraph,  Articles  5  and  7  of  Decision 

1999/468/EC shall apply, having regard to the provisions of Article 8 thereof. 

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

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." 

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 signatures45 

As regards Directive 1999/93/EC, power should in particular be conferred on the Commission 
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 its Annex III. Since that measure is of general scope and is designed to supplement 
Directive  1999/93/EC  by  the  addition  of  new  non-essential  elements,  it  must  be  adopted  in 
accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 
1999/468/EC as amended by Decision 2006/512/EC. 

Accordingly, Directive 1999/93/EC is amended as follows: 

(1) 

In Article 3(4), the first subparagraph is 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 

45 

OJ L 13, 19.1.2000, p. 12. 

EN 

48 

   EN 

 
                                                 
 
designated  by  Member  States.  The  Commission  shall  establish  criteria  for  Member 
States to determine whether a body should be designated. This 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) "in Article 9" is replaced by "in Article 9(2)". 

(3) 

Article 9 is replaced by the following: 

"Article 9 

Committee 

1. 

The Commission shall be assisted by an "Electronic-Signature Committee". 

2.  Where  reference  is  made  to  this  paragraph,  Articles  4  and  7  of  Decision 

1999/468/EC shall apply, having regard to the provisions of Article 8 thereof. 

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

3.  Where reference is made to this paragraph, Articles 5a(1) to (4) and Article 7 
of Decision 1999/468/EC shall apply, having regard to the provisions of Article 
8 thereof." 

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 Domain46 

As  regards  Regulation  (EC)  No  733/2002,  power  should  in  particular  be  conferred  on  the 
Commission 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 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,  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 the criteria and the procedure for the designation of the 
Registry. 

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  use  the  urgent 
procedure  provided  for  in  Article  5a(6)  of  Decision  1999/468/EC  for  the  adoption  of  the 
criteria  and  the  procedure  for  the  designation  of  the  Registry  as  well  as  for  the  adoption  of 
public policy rules concerning the implementation and function of the .eu TLD and the public 
policy principles on registration. 

46 

OJ L 113, 30.4.2002, p. 1. 

EN 

49 

   EN 

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

(1) 

Article 3(1)(a) is replaced by the following: 

"(a)  establish  the  criteria  and  the  procedure  for  the  designation  of  the 
Registry; this 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(4);  on 
imperative  grounds  of  urgency,  the  Commission  may  use  the  urgent 
procedure referred to in Article 6(5);" 

(2) 

Article 5(1) is replaced by the following: 

"1.  After consulting the Registry, the Commission shall adopt public policy rules 
concerning  the  implementation  and  functions  of  the  .eu  TLD  and  the  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).  On  imperative grounds of urgency, the Commission  may  use  the  urgent 
procedure referred to in Article 6(5). 

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  registrations  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 for 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 is replaced by the following: 

"Article 6 

Committee 

1. 

The  Commission  shall  be  assisted  by  the  Communications  Committee 
established  by  Article  22(1)  of  Directive  2002/21/EC  of  the  European 
Parliament  and  of  the  Council  of  7  March  2002  on  a  common  regulatory 
framework  for  electronic  communications  networks  and  services  (Framework 
Directive) (*). 

2.  Where  reference  is  made  to  this  paragraph,  Articles  3  and  7  of  Decision 

1999/468/EC shall apply, having regard to the provisions of Article 8 thereof. 

EN 

50 

   EN 

 
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.  Where reference is made to this paragraph, Article 5a(1) to (4) and (5) (a), and 
Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions 
of Article 8 thereof. 

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

5.  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. 

_________________________________ 

(*) OJ L 108, 24.4.2002, p. 33." 

7. 

INTERNAL MARKET 

7.1. 

Directive  2005/36/EC  of  the  European  Parliament  and  of  the  Council  of  7 
September 2005 on the recognition of professional qualifications47 

As regards Directive 2005/36/EC, power should in particular be conferred on the Commission 
to  amend  parts  of  the  text  and  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 and to supplement 
it by the addition of new non-essential elements, they must be adopted in accordance with the 
regulatory procedure with scrutiny provided for in Article 5a of Decision 2005/468/EC. 

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

(1) 

Article 11 is amended as follows: 

(a)  The second sentence of paragraph (c)(ii) is deleted; 

(b)  The following subparagraph is added:  

"The Commission may amend the list in Annex II to take account of training which 
meets  the  requirements  provided  for  in  the  first  subparagraph  of  paragraph  (c)(ii). 
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)." 

(2) 

In  the  third  subparagraph  of  Article  13(2)  the  third  sentence  is  replaced  by  the 
following: 

47 

OJ L 255, 30.9.2005, p. 22. 

EN 

51 

   EN 

 
                                                 
 
The  Commission  may  amend  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.  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)." 

(3) 

Article 15 is amended as follows: 

(a)  The second sentence of paragraph 2 is 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 is replaced by the following: 

"5. 

to  professional  qualifications, 

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 
the  Commission 
accordingly, which shall, if appropriate, present a draft measure for 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)." 

it  shall 

inform 

(4) 

Article 20 is replaced by the following: 

"Article 20 

Amendment of the lists of activities in Annex IV 

The Commission may amend 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. 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)." 

(5) 

The second subparagraph of Article 21(6) is replaced by the following: 

"The Commission may amend the knowledge and skills referred to in Articles 24(3), 
31(6),  34(3),  38(3),  40(3)  and  44(3)  with  a  view  to  adapting  them  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)." 

(6) 

Article 25(5) is replaced by the following: 

EN 

52 

   EN 

 
"5.  The  Commission  may  amend  the  minimum  periods  of  training  referred  to  in 
Annex V, point 5.1.3, with a view to adapting them 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)." 

(7) 

The second subparagraph of Article 26 is 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) is replaced by the following: 

"The Commission may amend the content listed in Annex V, point 5.2.1, with a view 
to adapting it 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) is replaced by the following: 

"The Commission may amend the content listed in Annex V, point 5.3.1, with a view 
to adapting it 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) is replaced by the following: 

"The  Commission  may  amend  the  minimum  period  of  training  referred  to  in  the 
second subparagraph with a view to adapting it 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) is replaced by the following: 

"The Commission may amend the content listed in Annex V, point 5.4.1, with a view 
to adapting it 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) is replaced by the following: 

"The Commission may amend the content listed in Annex V, point 5.5.1, with a view 
to adapting it 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) 

In  the  second  subparagraph  of  Article  44(2)  the  second  sentence  is  replaced  by  the 
following: 

EN 

53 

   EN 

 
"The Commission may amend the content listed in Annex V, point 5.6.1, with a view 
to adapting it 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) is replaced by the following: 

"The Commission may amend the knowledge and skills listed in paragraph 1 with a 
view to adapting them 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 is replaced by the following: 

"Article 58 

Committee on the recognition of professional qualifications 

1. 

The  Commission  shall  be  assisted  by  a  Committee  on  the  recognition  of 
professional  qualifications,  made  up  of  representatives  of  the  Member  States 
and chaired by a representative of the Commission. 

2.  Where  reference  is  made  to  this  paragraph,  Articles  5  and  7  of  Decision 

1999/468/EC shall apply, having regard to the provisions of Article 8 thereof. 

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

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. 

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 
consumption48 

As regards Directive 89/108/EEC, power should in particular be conferred on the Commission 
to  determine  the  purity  criteria  to  be  satisfied  by  the  cryogenic  media  and  the  sampling 
procedures  for  quick-frozen  foodstuffs,  the  procedures  for  monitoring  their  temperature  and 
for  monitoring  temperatures  in  the  means  of  transport  and  warehousing  and  storage.  Since 
those measures are of general scope and are designed to supplement Directive 89/108/EEC by 
adding 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. 

48 

OJ L 40, 11.2.1989, p. 34. 

EN 

54 

   EN 

 
                                                 
 
Accordingly, Directive 89/108/EEC is amended as follows: 

(1) 

The third paragraph of Article 4 is replaced by the following: 

"The purity criteria to be satisfied by these 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(3)." 

(2) 

Article 11 is replaced by the following: 

"Article 11 

The sampling procedures for quick-frozen foodstuffs, the procedures for monitoring 
their  temperature  and  for  monitoring  temperatures  in  the  means  of  transport  and 
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(3)."  

(3) 

Article 12(3) is 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." 

8.2. 

Council  Directive  90/496/EEC  of  24  September  1990  on  nutrition  labelling  for 
foodstuffs49 

As regards Directive 90/496/EEC, power should in particular be conferred on the Commission 
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 amendments and additions relating to the list of categories of nutrients and their 
conversion factors, as well as to establish the 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 and to supplement that Directive by the addition of 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 amended as follows: 

(1) 

In Article 1(4)(a), the second subparagraph is replaced by the following: 

"Changes to the list of vitamins, minerals and their recommended daily allowances 
shall  be  adopted  by  the  Commission.  Those  measures,  designed  to  amend 

49 

OJ L 276, 6.10.1990, p. 40. 

EN 

55 

   EN 

 
                                                 
 
non-essential  elements  of  this  Directive,  shall  be  adopted  in  accordance  with  the 
regulatory procedure with scrutiny referred to in Article 10(3)." 

(2) 

In the third subparagraph of Article 1(4)(b) "Article 10" is replaced by "Article 10(2)". 

(3) 

Article 1(4)(j) is replaced by the following: 

"(j) 'fibre' means the material to be defined by the Commission and measured by the 
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 is 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) is 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 in that paragraph and their conversion 
factors  in order to calculate  more precisely  the  energy  value  of  foodstuffs,  shall  be 
adopted  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 10(3)." 

(6) 

In Article 6(3), "Article 10" is replaced by "Article 10(2)". 

(7) 

In Article 6(5)(b), "Article 10" is replaced by "Article 10(2)". 

(8) 

In the second subparagraph of Article 6(8), "Article 10" is replaced by "Article 10(2)". 

(9) 

Article 8 is replaced by the following: 

"Article 8 

In the case of non-pre-packaged foodstuffs put up for sale to the ultimate consumer 
or  to  mass  caterers  and  foodstuffs  packed  at  the  point  of  sale  at  the  request  of 
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  provisions  until  the  eventual  adoption  of  Community 

EN 

56 

   EN 

 
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) 

In Article 10, paragraph 3 is 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 radiation50 

As regards Directive 1999/2/EC, power should in particular be conferred on the Commission 
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 and to supplement it by 
the  addition  of  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  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  use  the  urgent 
procedure  provided  for  in  Article  5a(6)  of  Decision  1999/468/EC  for  the  adoption  of 
amendments  to  the  Directive  1999/2/EC  or  to  the  implementing  Directives  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 amended as follows: 

(1) 

Article 5(2) is 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) is replaced by the following: 

"2.  Approval shall be granted only if the facility: 

50 

OJ L 66, 13.3.1999, p. 16. 

EN 

57 

   EN 

 
                                                 
 
– 

the 

facilities  used 

the  requirements  of 

meets 
joint  FAO/WHO  Codex  Alimentarius 
Commission Recommended International Code of Practice for the operation of 
irradiation 
(reference 
the 
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);  

treatment  of 

foods 

for 

– 

designates  a  person  responsible  for  compliance  with  all  the  conditions 
necessary for the application of the process." 

(3) 

(4) 

In Article 8(3), the words "Article 12" are replaced by the words "Article 12(2)". 

In the first subparagraph of Article 9(2)(a), the words "Article 12" are replaced by the 
words "Article 12(2)". 

(5) 

Article 12 is replaced by the following: 

"Article 12 

1. 

The  Commission  shall  be  assisted  by  the  Standing  Committee  on  the  Food 
Chain and Animal Health instituted by Regulation (EC) No 178/2002 (*). 

2.  Where  reference  is  made  to  this  paragraph,  Articles  5  and  7  of  Decision 

1999/468/EC shall apply, having regard to the provisions of Article 8 thereof. 

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

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.  Where reference is made to this paragraph, Article 5a(1) to (4) and (5)(b), and 
Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions 
of Article 8 thereof. 

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

5.  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. 

___________________________ 

(*) OJ L 31, 1.2.2002, p. 1." 

(6) 

In Article 14(2), the words "Article 12" are replaced by the words "Article 12(2)". 

EN 

58 

   EN 

 
(7) 

Article 14(3) is replaced by the following: 

"3.  Amendments to this Directive or to the 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 use 
the urgent 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 
supplements51 

As regards Directive 2002/46/EC, power should in particular be conferred on the Commission 
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 and to supplement 
it by the addition of 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  use  the  urgent 
procedure  provided  for  in  Article  5a(6)  of  Decision  1999/468/EC  for  the  adoption  of  a 
measure aiming to forbid the use of a vitamin or a mineral previously authorised. 

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

(1) 

Article 4(2) is replaced by the following: 

"2.  The  purity  criteria  for  substances  listed  in  Annex  II  shall  be  adopted  by  the 
Commission,  except  where  they  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) is replaced by the following: 

"5.  Modifications to the lists referred to in paragraph 1, being 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). On imperative grounds of urgency the Commission may use the urgent 
procedure referred to in Article 13(4) in order to remove a vitamin or a mineral 
from the list referred to in paragraph 1." 

51 

OJ L 183, 12.7.2002, p. 51. 

EN 

59 

   EN 

 
                                                 
 
(3) 

Article 5(4) is 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) is replaced by the following: 

"3. 
In order to remedy the difficulties mentioned in paragraph 1 and to ensure the 
protection  of  human  health  amendments  to  this  Directive  or  to  the  implementing 
Community acts 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 use the urgent 
procedure  referred  to  in  Article  13(4)  with  a  view  to  adopting  those  amendments. 
The Member State that has adopted safeguard measures may in that event retain them 
until the amendments have been adopted." 

(5) 

Article 13 is replaced by the following: 

"Article 13 

1. 

The  Commission  shall  be  assisted  by  the  Standing  Committee  on  the  Food 
Chain and Animal Health instituted by Regulation (EC) No 178/2002 (*). 

2.  Where  reference  is  made  to  this  paragraph,  Articles  5  and  7  of  Decision 

1999/468/EC shall apply, having regard to the provisions of Article 8 thereof. 

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

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.  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. 

____________________________ 

(*) OJ L 31, 1.2.2002, p. 1." 

EN 

60 

   EN 

 
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 waterway52 

As regards Directive 91/672/EEC, power should in particular be conferred on the Commission 
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/EC  or  to  supplement  it  by  the  addition  of  new 
non-essential  elements,  they  must  be  adopted  in  accordance  with  the  regulatory  procedure 
with scrutiny provided for in Article 5a of Decision 91/468/EC. 

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

(1) 

Article 4 is replaced by the following: 

“Article 4 

If  necessary  the  Commission  shall  take  the  necessary  steps  to  adapt  the  list  of 
certificates appearing in Annex I. 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 is replaced by the following: 

“Article 7 

1. 

The Commission shall be assisted by a committee. 

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." 

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 appliances53 

As regards Directive 92/75/EEC, power should in particular be conferred on the Commission 
to  add  further  types  of  household  appliances  to  the  list  in  Article  1(1)  and  to  adopt 
implementing measures on the listed types of household appliances. Since those measures are 
of general scope and are designed to amend non-essential elements of Directive 92/75/EEC, 
by supplementing it, they must be adopted in accordance with the regulatory procedure with 
scrutiny provided for in Article 5a of Decision 1999/468/EC. 

52 

53 

OJ  L  373,  31.12.1991,  p.  29.  Directive  as  amended  by  Regulation  (EC)  No 1882/2003  (OJ  L  284, 
31.10.2003, p. 1). 
OJ L 297, 13.10.1992, p. 16. Directive as last amended by Regulation (EC) No 1882/2003 of the 
European Parliament and of the Council OJ L 284, 31.10.2003, p. 1). 

EN 

61 

   EN 

 
                                                 
 
Accordingly, Directive 92/75/EEC is amended as follows: 

(1) 

Article 1(2) is replaced by the following: 

"2.  Further types of household appliances 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) is 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 is replaced by the following: 

"Article 9 

The  Commission  shall  adopt,  and  adapt  to  technical  progress,  by  way  of 
implementing directives and the addition of further household appliances to the list 
in Article 1(1) where significant energy savings are likely to be achieved, measures 
relating to the establishment and operation of the scheme. 

Those  measures,  designed  to  amend  non-essential  elements  of  this  Directive  or  to 
supplement  it,  shall  be  adopted  in  accordance  with  the  regulatory  procedure  with 
scrutiny referred to in Article 10(2)." 

(4) 

Article 10 is replaced by the following: 

''Article 10 

1. 

The Commission shall be assisted by a committee. 

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.'' 

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 Community54 

As regards Directive 96/50/EC, power should in particular be conferred on the Commission to 
adapt  the  form  of  boatmasters'  certificate  in  the  light  of  the  development  of  the  necessary 
professional knowledge required for the issue of the certificate. Since those measures are of 

54 

OJ  L  235,  17.9.1996,  p.  31.  Directive  as  amended  by  Regulation  (EC)  No 1882/2003  (OJ  L  284, 
31.10.2003, p. 1). 

EN 

62 

   EN 

 
                                                 
 
general scope and are designed to amend non-essential elements of Directive 96/50/EC or to 
supplement  it  by  the  addition  of  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 amended as follows: 

(1) 

Article 11 is replaced by the following: 

“Article 11 

The Commission may take the necessary steps with a view to adapting the form of 
boatmasters'  certificate  in  Annex  I  and  in  the  light  of  the  development  of  the 
necessary  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 is replaced by the following: 

“Article 12 

1. 

The  Commission  shall  be  assisted  in  the  application  of  Article  11  by  the 
committee set up by Article 7 of Directive 91/672/EEC. 

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." 

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 Community55 

As regards Directive 98/41/EC, power should in particular be conferred on the Commission to 
adapt  certain  provisions  of  the  Directive,  without  broadening  its  scope,  to  take  account  of 
subsequent 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 amended as follows: 

(1) 

Article 9 is amended as follows: 

(a) In paragraph 3(b), the words "Article 13" are replaced by "Article 13(2)". 

55 

OJ L 188, 2.7.1998, p. 35. Directive as amended by Directive 2002/84/EC of the European Parliament 
and of the Council (OJ L 324, 29.11.2002, p. 53). 

EN 

63 

   EN 

 
                                                 
 
(b) In the third subparagraph of paragraph 4, the words "Article 13" are replaced by 
"Article 13(2)". 

(2) 

The first subparagraph of Article 12 is 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  subsequent  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 is replaced by the following: 

"Article 13 

1. 

The  Commission  shall  be  assisted  by  the  Committee  on  Safe  Seas  and  the 
Prevention of Pollution from  Ships (COSS)  set  up  by  Article 3  of  Regulation 
(EC) No 2099/2002. 

2.  Where  reference  is  made  to  this  paragraph,  Articles  5  and  7  of  Council 
Decision  1999/468/EC  of  28  June  1999  laying  down  the  procedures  for  the 
exercise  of  implementing  powers  conferred  on  the  Commission*  shall  apply, 
having regard to the provisions of Article 8 thereof. 

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

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. 

------------------- 

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

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 
residues56 

As regards Directive 2000/59/EC, power should in particular be conferred on the Commission 
to adapt the Annexes, a definition and references to Community instruments and references to 
IMO instruments. The Commission should also be empowered to amend the annexes in order 
to  improve  the  regime  established  by  the  Directive  and  to  take  into  account  Community  or 

56 

OJ  L  332,  28.12.2000,  p.  81.  Directive  as  amended  by  Directive  2002/84/EC  of  the  European 
Parliament and of the Council (OJ L 324, 29.11.2002, p. 53). 

EN 

64 

   EN 

 
                                                 
 
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 amended as follows: 

(1) 

Article 14 is replaced by the following: 

"Article 14 

Committee 

1. 

The  Commission  shall  be  assisted  by  the  Committee  on  Safe  Seas  and  the 
Prevention of Pollution from Ships  (COSS)  set  up  by  Article 3  of  Regulation 
(EC) No 2099/2002*. 

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. 

------------------- 

* OJ L 324, 29.11.2002, p.1." 

(2) 

Article 15 is replaced by the following: 

“Article 15 

Amendment procedure 

The  Annexes  to  this  Directive,  the  definition  in  Article  2(b),  references  to 
Community  instruments  and  references  to  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, insofar 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 to improve the regime established by this Directive, insofar 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." 

EN 

65 

   EN 

 
9.6. 

Directive 2001/96/EC of the European Parliament and of the Council Directive 
of  4 December  2001  establishing  harmonised  requirements  and  procedures  for 
the safe loading and unloading of bulk carriers57 

As regards Directive 2001/96/EC, power should in particular be conferred on the Commission 
to adapt some definitions and the references to international conventions and codes, to IMO 
Resolutions  and  Circulars,  to  ISO  standards  and  to  Community  instruments,  plus  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 this Directive, provided that the scope of the 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 amended as follows: 

(1) 

Article 14 is replaced by the following: 

“Article 14 

Committee 

1. 
The  Commission  shall  be  assisted  by  the  Committee  on  Safe  Seas  and  the 
Prevention of Pollution from Ships (COSS) set  up by Article  3 of Regulation  (EC) 
No 2099/2002 of the European Parliament and of the Council of 5 November 2002 
establishing  a  Committee  on  Safe  Seas  and  the  Prevention  of  Pollution  from  Ships 
(COSS)*. 

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. 

------------------ 

*  OJ  L  324,  29.11.2002,  p.1.  Regulation  as  amended  by  Commission  Regulation 
(EC) No 415/2004 (OJ L 68, 6.3.2004, p. 10)." 

(2) 

Article 15(1) and (2) are replaced by the following: 

"1.  The  definitions  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, the references to Community instruments, and the 
Annexes,  may  be  amended  in  order  to  bring them  into  line with  international 
and  Community  instruments  which  have  been  adopted,  amended  or  brought 

57 

OJ L 13, 16.1.2002, p. 9. Directive as amended by Directive 2002/84/EC of the European Parliament 
and of the Council (OJ L 324, 29.11.2002, p. 53). 

EN 

66 

   EN 

 
                                                 
 
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). 

2. 

The Commission may amend Article 8 and the annexes for the implementation 
of the procedures laid down in this Directive, and when amending or repealing 
the  reporting  obligations  referred  to  in  Articles  11(2)  and  12,  provided  that 
such  provisions  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)." 

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 Community58 

As regards Directive 2002/6/EC, power should in particular be conferred on the Commission 
to  amend  the  lists  of  reporting  formalities  in  respect  of  ships,  signatories,  technical 
specifications  and  models  of  International  Maritime  Organisation  (IMO)  FAL  forms.  The 
Commission should also be empowered to amend references to IMO instruments in order to 
bring the Directive 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 amended as follows: 

(1) 

Article 5 is replaced by the following: 

"Article 5 

Amendment procedure 

Any  amendments  of  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 is replaced by the following: 

"Article 6 

Committee 

58 

OJ L 67, 9.3.2002, p. 31. 

EN 

67 

   EN 

 
                                                 
 
1. 

The  Commission  shall  be  assisted  by  the  Committee  on  Safe  Seas  and  the 
Prevention of Pollution from Ships  (COSS)  set  up  by  Article 3  of  Regulation 
(EC) No 2099/2002*. 

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. 

-------------------- 

(*) 

OJ L 324, 29.11.2002, p. 1. " 

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 airports59 

As  regards  Directive  2002/30/EC,  power  should  be  conferred  on  the  Commission  to  amend 
the list of city airports 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 amended as follows: 

(1) 

Article 2 is amended as follows: 

a) 

In point (b) the last sentence is deleted. 

b) 

The following second subparagraph is added: 

"The  Commission  may  amend  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) is 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 buildings60 

As regards Directive 2002/91/EC, power should in particular be conferred on the Commission 
to  adapt  certain  parts  of  the  general  framework  set  out  in  its  Annex  to  technical  progress. 
Since those measures are of general scope and are designed to amend non-essential elements 

59 
60 

OJ L 85, 28.3.2002, p.40. Directive as amended by the Act of Accession 2003. 
OJ L 1, 4.1.2003, p. 65. 

EN 

68 

   EN 

 
                                                 
 
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 amended as follows: 

(1) 

In Article 3, the first paragraph is 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. The Commission shall adapt Parts 1 and 2 of this 
framework to technical progress, taking into account standards or norms applied in 
Member  State  legislation.  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 is replaced by the following: 

"Any  amendments  necessary  in  order  to  adapt  points  1  and  2  of  the  Annex  to 
technical progress, measures which are 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 is replaced by the following: 

"Article 14 

Committee 

1. 

The Commission shall be assisted by a Committee. 

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." 

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 ships61 

the  specific  stability  requirements  and 

As regards Directive 2003/25/EC, power should in particular be conferred on the Commission 
to  amend 
to  national 
administrations 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 
Directive  in  the  light  of  experience  and  of  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. 

indicative  guidelines 

Accordingly, Directive 2003/25/EC is amended as follows: 

61 

OJ L 123, 17.5.2003, p. 22. 

EN 

69 

   EN 

 
                                                 
 
(1) 

Article 10 is replaced by the following: 

“Article 10 

Adaptations 

The  Annexes  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  of  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 is replaced by the following: 

"Article 11 

Committee 

1. 

The  Commission  shall  be  assisted  by  the  Committee  on  Safe  Seas  and  the 
Prevention of Pollution from  Ships (COSS)  set  up  by  Article 3  of  Regulation 
(EC) No 2099/2002*. 

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. 

------------------- 

* OJ L 324, 29.11.2002, p.1."  

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, amending Council Regulation 
(EEC)  No  3820/85  and  Council  Directive  91/439/EEC  and  repealing  Council 
Directive 76/914/EEC62 

As regards Directive 2003/59/EC, power should in particular be conferred on the Commission 
to make the necessary amendments 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 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 amended as follows: 

(1) 

Article 11 is replaced by the following: 

"Article 11 

62 

OJ L 226, 10.9.2003, p. 4. 

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70 

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Adaptation to scientific and technical progress 

The  amendments  necessary  to  adapt  Annexes  I  and  II  to  scientific  and  technical 
progress,  which  are  measures  designed  to  amend  non-essential  elements  of  this 
Directive,  shall  be  adopted  in  accordance  with  the  procedure  laid  down  in  Article 
12(2)." 

(2) 

Article 12 is replaced by the following: 

"Article 12 

Committee 

1. 

The Commission shall be assisted by a committee.  

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." 

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 
operators63 

As  regards  Regulation  (EC)  No  785/2004,  power  should  in  particular  be  conferred  on  the 
Commission  to  adopt  the  amounts  in  respect  of  liability  for  passengers,  baggage  and  cargo, 
and the 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 amended as follows: 

(1) 

Article 6(5) is replaced by the following: 

"5.  The  values  referred  to  in  this  Article  may  be  amended,  as  appropriate,  where 
amendments to the relevant international treaties indicate the necessity thereof. 
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) is replaced by the following: 

"2.  The  values  referred  to  in  this  Article  may  be  amended,  as  appropriate,  where 
amendments to the relevant international treaties indicate the necessity thereof. 
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)." 

63 

OJ L 138, 30.4.2004, p. 1. 

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71 

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(3) 

Article 9(3) is 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. 

9.13.  Regulation (EC) No 336/2006 of the European Parliament and of the Council of 
15 February  2006  on 
the  International  Safety 
implementation  of 
Management  Code  within  the  Community  and  repealing  Council  Regulation 
(EC) No 3051/9564 

the 

As  regards  Regulation  (EC)  No  336/2006,  power  should  in  particular  be  conferred  on  the 
Commission to amend annex containing the provisions for the administrations concerning the 
implementation  of  the  international  safety  management  code.  Since  those  measures  are  of 
general  scope  and  are  designed  to  amend  non-essential  elements  of  Regulation  (EC)  No 
336/2006,  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 336/2006 is amended as follows: 

(1) 

Article 11(2) is replaced by the following: 

"2.  Changes  to  Annex  II,  measures  that  are  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) 

Article 12 is replaced by the following: 

“Article 12 

Committee 

1. 

The  Commission  shall  be  assisted  by  the  Committee  on  Safe  Seas  and  the 
Prevention of Pollution from Ships  (COSS)  set  up  by  Article 3  of  Regulation 
(EC) No 2099/2002*. 

2.  Where  reference 

this  paragraph,  Articles  5  and  7  of 
Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 
thereof. 

is  made 

to 

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

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. 

64 

OJ L 64, 4.3.2006, p. 1. 

EN 

72 

   EN 

 
                                                 
 
------------------- 

* OJ L 324, 29.11.2002, p.1." 

9.14.  Directive 2006/32/EC of the European Parliament and of the Council of 5 April 
2006  on  energy  end-use  efficiency  and  energy  services  and  repealing  Council 
Directive 93/76/EEC65 

As regards Directive 2006/32/EC, power should in particular be conferred on the Commission 
to  adapt  certain  values  and  calculation  methods  to  technical  progress;  to  refine  and 
complement  the  general  framework  for  measurement  and  verification  of  energy  savings;  to 
raise the percentage of harmonised bottom-up calculations used in a harmonised calculation 
model;  and  to  develop  a  set  of  harmonised  energy  efficiency  indicators  and  benchmarks. 
Since those measures are of general scope and are designed to amend non-essential elements 
of Directive 2006/32/EC and to supplement the Directive by the addition of 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 2006/32/EC is amended as follows: 

(1) 

Article 15 is replaced by the following: 

"Article 15 

Review and adaptation of the framework 

1. 

2. 

3. 

The  values  and  calculation  methods  referred  to  in  Annexes  II,  III,  IV  and  V 
shall  be  adapted  to  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 16(3). 

Before 1 January 2008, the Commission shall further refine and complement as 
required points 2 to 6 of Annex IV, whilst respecting the general framework set 
out in Annex IV. 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 16(3). 

Before  1  January  2012,  the  Commission  shall  raise  the  percentage  of 
harmonised  bottom-up  calculations  used  in  the  harmonised  calculation  model 
referred  to  in  point  1  of  Annex  IV,  without  prejudice  to  those  Member  State 
schemes that already use a higher percentage. This 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  16(3).  The  new 
harmonised  calculation  model  with  a  significantly  higher  percentage  of 
bottom-up calculations shall first be used as from 1 January 2012. 

65 

OJ L 114, 27.4.2006, p. 64. 

EN 

73 

   EN 

 
                                                 
 
Wherever practicable and possible, the measurement of total savings over the 
total period of application of the Directive shall use this harmonised calculation 
model,  without  prejudice  to  those  Member  State  schemes  that  use  a  higher 
percentage of bottom-up calculations. 

4.  Not later than 30 June 2008, the Commission shall develop a set of harmonised 
energy  efficiency  indicators  and  benchmarks  based  upon  them,  taking  into 
account available data or data that can be collected in a cost-effective manner 
for  each  Member  State.  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 16(3). For the 
development of these harmonised energy efficiency indicators and benchmarks 
the  Commission  shall  use  as  a  reference  guide  the  indicative  list  set  out  in 
Annex  V.  Member  States  shall  gradually  integrate  these  indicators  and 
benchmarks  into  the  statistical  data  included  in  their  EEAPs  as  referred  to  in 
Article 14, and use them as one of the tools at their disposal to decide on future 
priority areas in the EEAPs. 

Not  later  than  17  May  2011,  the  Commission  shall  present  to  the  European 
Parliament  and  the  Council  a  report  on  the  progress  in  setting  indicators  and 
benchmarks." 

(2) 

Article 16 is replaced by the following: 

"Article 16 

Committee 

1. 

The Commission shall be assisted by a Committee. 

2.  Where  reference  is  made  to  this  paragraph,  Articles  5  and  7  of  Decision 

1999/468/EC shall apply, having regard to the provisions of Article 8 thereof. 

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

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." 

Chronological Index 

(1) 

(2) 

(3) 

Council  Directive  76/160/EEC  of  8  December  1975 
quality of bathing water (page 24) 

concerning 

the  

Council  Directive  76/769/EEC  of  27  July  1976  on  the  approximation  of  the  laws, 
regulations and administrative provisions of the Member States relating to restrictions 
on the marketing and use of certain dangerous substances and preparations (page 18) 

Council Directive 76/767/EEC of 27 July 1976 on the approximation of the laws of the 
Member  States  relating  to  common  provisions  for  pressure  vessels  and  methods  of 
inspecting them (page 17) 

EN 

74 

   EN 

 
(4) 

(5) 

(6) 

(7) 

(8) 

(9) 

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 
(page 54) 

Council  Directive  89/391/EEC  of  12  June  1989  on  the  introduction  of  measures  to 
encourage improvements in the safety and health of workers at work (page 10) 

Council  Directive  90/496/EEC  of  24  September  1990  on  nutrition  labelling  for 
foodstuffs (page 55) 

Council  Directive  91/271/EEC  of  21  May  1991  concerning  urban  waste  water 
treatment (page 25) 

Council  Directive  91/676/EEC  of  12  December  1991  concerning  the  protection  of 
waters against pollution caused by nitrates from agricultural sources (page 27) 

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 (page 61) 

(10)  Council  Directive  92/29/EEC  of  31  March  1992  on  the  minimum  safety  and  health 

requirements for improved medical treatment on board vessels (page 11) 

(11)  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 (page 61) 

(12)  Council Regulation (EEC) No 696/93 of 15 March 1993 on the statistical units for the 
observation and analysis of the production system in the Community (page 39) 

(13)  Directive 94/25/EC of the European Parliament and of the Council of 16 June 1994 on 
the  approximation  of  the  laws,  regulations  and  administrative  provisions  of  the 
Member States relating to recreational craft (page 19) 

(14)  Directive  94/63/EC  of  the  European  Parliament  and  of  the  Council  of  20  December 
1994 on the control of volatile organic compound (VOC) emissions resulting from the 
storage of petrol and its distribution from terminals to service stations (page 27) 

(15)  Council  Directive  95/57/EC  of  23  November  1995  on  the  collection  of  statistical 

information in the field of tourism (page 40) 

(16)  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 (page 62) 

(17)  Council  Directive  96/82/EC  of  9  December  1996  on  the  control  of  major-accident 

hazards involving dangerous substances (page 29) 

(18)  Directive  96/73/EC  of  the  European  Parliament  and  of  the  Council  of  16  December 
1996 on certain methods for the quantitative analysis of binary textile fibre mixtures 
(page 20) 

EN 

75 

   EN 

 
(19)  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 (page 63) 

(20)  Directive 1999/4/EC of the European Parliament and of the Council relating to coffee 

extracts and chicory extracts (page 9) 

(21)  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 (page 57) 

(22)  Directive 1999/45/EC of the European Parliament and of the Council of 31 May 1999 
concerning the approximation of the laws, regulations and administrative provisions of 
the Member States relating to the classification, packaging and labelling of dangerous 
preparations (page 20) 

(23)  Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste (page 30) 

(24)  Directive 1999/93/EC of the European Parliament and of the Council of 13 December 

1999 on a Community framework for electronic signatures (page 48) 

(25)  Directive 1999/94/EC of the European Parliament and of the Council of 13 December 
1999  relating  to  the  availability  of  consumer  information  on  fuel  economy  and  CO2 
emissions in respect of the marketing of new passenger cars (page 31) 

(26)  Directive 2000/36/EC of the European Parliament and of the Council relating to cocoa 

and chocolate products intended for human consumption (page 9) 

(27)  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 (page 64) 

(28)  Directive 2000/76/EC of the European Parliament and of the Council of 4 December 

2000 on the incineration of waste (page 32) 

(29)  Directive  2001/96/EC  of  the  European  Parliament  and  of  the  Council  Directive  of 
4 December  2001  establishing  harmonised  requirements  and  procedures  for  the  safe 
loading and unloading of bulk carriers (page 66) 

(30)  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 (page 67) 

(31)  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 (page 68) 

(32)  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 (page 49) 

(33)  Directive  2002/24/EC  of  the  European  Parliament  and  of  the  Council  of  18  March 
2002 relating to the type-approval of two or three-wheel motor vehicles and repealing 
Council Directive 92/16/EEC (page 22) 

EN 

76 

   EN 

 
(34)  Directive 2002/46/EC of the European Parliament and of the Council of 10 June 2002 
on  the  approximation  law  of  the  laws  of  the  Member  States  relating  to  food 
supplements (page 59) 

(35)  Directive 2002/49/EC of the European Parliament and of the Council of 25 June 2002 

relating to the assessment and management of environmental noise (page 34) 

(36)  Directive 2002/44/EC of the European Parliament and of the Council of 25 June 2002 
on the minimum health and safety requirements regarding the exposure of workers to 
the risks arising from physical agents (vibration) (sixteenth individual Directive within 
the meaning of Article 16(1) of Directive 89/391/EEC) (page 12) 

(37)  Directive 2002/91/EC of the European Parliament and of the Council of 16 December 

2002 on the energy performance of buildings (page 68) 

(38)  Directive  2003/10/EC  of  the  European  Parliament  and  of  the  Council  of  6  February 
2003  on  the  minimum  health  and  safety  requirements  regarding  the  exposure  of 
workers  to  the  risks  arising  from  physical  agents  (noise)  (Seventeenth  individual 
Directive within the meaning of Article 16(1) of Directive 89/391/EEC) (page 14) 

(39)  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 (page 69) 

(40)  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) (page 41) 

(41)  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) (page 43) 

(42)  Directive 2003/37/EC of the European Parliament and of the Council of 26 May 2003 
on type-approval of agricultural or forestry tractors, their trailers and interchangeable 
towed machinery, together with their systems, components and separate technical units 
and repealing Directive 74/150/EEC (page 23) 

(43)  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, amending Council Regulation (EEC) No 3820/85 
and Council Directive 91/439/EEC and repealing Council Directive 76/914/EEC (page 
70) 

(44)  Regulation (EC) No 1830/2003 of the European Parliament and of the Council of 22 
September  2003  on  the  traceability  and  labelling  of  genetically  modified  organisms 
and  the  traceability  of  food  and  feed  products  produced  from  genetically  modified 
organisms (page 35) 

(45)  Directive 2004/42/EC of the European Parliament and of the Council of 21 April 2004 
on the limitation of emissions of volatile organic compounds due to the use of organic 
solvents in certain paints and varnishes and vehicle refinishing products and amending 
Directive 1999/13/EC (page 35) 

EN 

77 

   EN 

 
(46)  Regulation  (EC)  No  808/2004  of  the  European  Parliament  and  of  the  Council  of 

21 April 2004 concerning Community statistics on the information society (page 44) 

(47)  Directive 2004/40/EC of the European Parliament and of the Council of 29 April 2004 
on the minimum health and safety requirements regarding the exposure of workers to 
the  risks  arising  from  physical  agents  (electromagnetic  fields)  (18th  individual 
Directive within the meaning of Article 16(1) of Directive 89/391/EEC) (page 15) 

(48)  Directive  2004/22/EC  of  the  European  Parliament  and  of  the  Council  of  31  March 

2004 on measuring instruments (page 23) 

(49)  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  (page 
71) 

(50)  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  (page 
44) 

(51)  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 (page 45) 

(52)  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 (page 47) 

(53)  Directive 2005/36/EC of the European Parliament and of the Council of 7 September 

2005 on the recognition of professional qualifications (page 51) 

(54)  Regulation  (EC)  No  336/2006  of  the  European  Parliament  and  of  the  Council  of 
15 February  2006  on  the  implementation  of  the  International  Safety  Management 
Code within the Community and repealing Council Regulation (EC) No 3051/95 (page 
72) 

(55)  Directive 2006/25/EC of the European Parliament and of the Council of 5 April 2006 
on the minimum health and safety requirements regarding the exposure of workers to 
risks  arising  from  physical  agents  (artificial  optical  radiation)  (19th  individual 
Directive within the meaning of Article 16(1) of Directive 89/391/EEC) (page 15) 

(56)  Directive 2006/32/EC of the European Parliament and of the Council of 5 April 2006 
on  energy  end-use  efficiency  and  energy  services  and  repealing  Council  Directive 
93/76/EEC (page 73) 

(57)  Regulation  (EC)  No  842/2006  of  the  European  Parliament  and  of  the  Council  of  17 

May 2006 on certain fluorinated greenhouse gases (page 36) 

(58)  Directive 2006/44/EC of the European Parliament and of the Council of 6 September 
2006  on  the  quality  of  fresh  waters  needing  protection  or  improvement  in  order  to 
support fish life (page 37) 

EN 

78 

   EN 

 
(59)  Directive  2006/113/EC  of  the  European  Parliament  and  of  the  Council  of  12 

December 2006 on the quality required of shellfish waters (page 38) 

EN 

79 

   EN