Regulation (EC) No 1103/2008 of the European Parliament and of the Council of 22 October 2008 adapting a number of instruments subject to the procedure laid down in Article 251 of the Treaty to Council Decision 1999/468/EC, with regard to the regulatory procedure with scrutiny — Adaptation to the regulatory procedure with scrutiny — Part Three
Date: 2008-10-22
Institutions: Council of the European Union, European Parliament
Subjects: EU control, European Central Bank, capacity to exercise rights, financial market, power of implementation, powers of the institutions (EU), statistics

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REGULATION (EC) No 1103/2008 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 22 October 2008

adapting a number of instruments subject to the procedure laid down in Article 251 of the Treaty to
Council Decision 1999/468/EC, with regard to the regulatory procedure with scrutiny

Adaptation to the regulatory procedure with scrutiny

Part Three

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

Having regard to the Treaty establishing the European Commu-
nity, and in particular Article 61(c), point 1(a) of
the first
paragraph of Article 63 and Article 67 thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Economic and
Social Committee (1),

scrutiny to be applicable to instruments adopted in
accordance with the procedure laid down in Article 251
of the Treaty which are already in force, those instruments
must be adjusted in accordance with the applicable
procedures.

(3)

The United Kingdom and Ireland, which took part in the
adoption and application of the instruments amended by
this Regulation,
the
Protocol on the Position of the United Kingdom and Ireland
annexed to the Treaty on European Union and the Treaty
establishing the European Community, are taking part in
the adoption and application of this Regulation.

in accordance with Article 3 of

Having regard to the opinion of the European Central Bank (2),

(4)

After consulting the Committee of the Regions,

In accordance with Articles 1 and 2 of the Protocol on the
Position of Denmark annexed to the Treaty on European
Union and to the Treaty establishing the European
Community, Denmark is not taking part in the adoption
of this Regulation and is not bound by it or subject to its
application,

Acting in accordance with the procedure laid down in Article 251
of the Treaty (3),

HAVE ADOPTED THIS REGULATION:

Whereas:

Article 1

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

(2)

In accordance with the statement by the European
Parliament, the Council and the Commission (6) concerning
Decision 2006/512/EC, for the regulatory procedure with

(1) OJ C 224, 30.8.2008, p. 35.
(2) OJ C 117, 14.5.2008, p. 1.
(3) Opinion of the European Parliament of 18 June 2008 (not yet
Journal) and Council Decision of

published in the Official
25 September 2008.

(4) OJ L 184, 17.7.1999, p. 23.
(5) OJ L 200, 22.7.2006, p. 11.
(6) OJ C 255, 21.10.2006, p. 1.

In this Regulation,
Member States with the exception of Denmark.

the term ‘Member State’ shall mean all

Article 2

The instruments listed in the Annex are hereby adapted,
accordance with that Annex,
amended by Decision 2006/512/EC.

in
to Decision 1999/468/EC, as

Article 3

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

Article 4

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

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This Regulation shall be binding in its entirety and directly applicable in the Member States in
accordance with the Treaty establishing the European Community.

Done at Strasbourg, 22 October 2008.

For the European Parliament

The President

H.-G. PÖTTERING

For the Council

The President

J.-P. JOUYET

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ANNEX

1.

Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and
enforcement of judgments in civil and commercial matters (1)

As regards Regulation (EC) No 44/2001, the Commission should be empowered to update or make technical
adjustments to the forms set out in the Annexes to that Regulation. Since those measures are of general scope and are
designed to amend non-essential elements of Regulation (EC) No 44/2001, 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 44/2001 is hereby amended as follows:

1.

Article 74(2) shall be replaced by the following:

‘2. The updating or technical adjustments of the forms, specimens of which appear in Annexes V and VI, shall
be adopted 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 75(2).’;

2.

Article 75 shall be replaced by the following:

‘Article 75

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.’

2.

Council Regulation (EC) No 1206/2001 of 28 May 2001 on cooperation between the courts of the Member
States in the taking of evidence in civil or commercial matters (2)

As regards Regulation (EC) No 1206/2001, the Commission should be empowered to update or make technical
amendments to the standard forms set out in the Annex to that Regulation. Since those measures are of general scope
and are designed to amend non-essential elements of Regulation (EC) No 1206/2001, 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 1206/2001 is hereby amended as follows:

1.

Article 19(2) shall be replaced by the following:

‘2. The updating or making of technical amendments to the standard forms set out in the Annex shall be
carried out 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 20(2).’

2.

Article 20 shall be replaced by the following:

‘Article 20

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.’

(1) OJ L 12, 16.1.2001, p. 1.
(2) OJ L 174, 27.6.2001, p. 1.

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3.

Council Regulation (EC) No 343/2003 of 18 February 2003 establishing the criteria and mechanisms for
determining the Member State responsible for examining an asylum application lodged in one of the
Member States by a third-country national (1)

As regards Regulation (EC) No 343/2003, the Commission should be empowered to adopt the conditions and
procedures for the implementing of the humanitarian clause and to adopt the criteria necessary for carrying out
transfers. Since those measures are of general scope and are designed to amend non-essential elements of Regulation
(EC) No 343/2003 by supplementing it with new non-essential elements, they must be adopted in accordance with
the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC.

Accordingly, Regulation (EC) No 343/2003 is hereby amended as follows:

1.

Article 15(5) shall be replaced by the following:

‘5. The conditions and procedures for implementing this Article, including, where appropriate, conciliation
mechanisms for settling differences between Member States concerning the need to unite the persons in
question, or the place where this should be done, shall be adopted by the Commission. Those measures,
designed to amend non-essential elements of this Regulation by supplementing it, shall be adopted in
accordance with the regulatory procedure with scrutiny referred to in Article 27(3).’;

2.

Article 19(5) shall be replaced by the following:

‘5. The Commission may adopt supplementary rules on carrying out transfers. 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 27(3).’;

3.

Article 20(4) shall be replaced by the following:

‘4. The Commission may adopt supplementary rules on carrying out transfers. 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 27(3).’;

4.

Article 27(3) shall be replaced by the following:

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

4.

Regulation (EC) No 805/2004 of the European Parliament and of the Council of 21 April 2004 creating a
European Enforcement Order for uncontested claims (2)

As regards Regulation (EC) No 805/2004, the Commission should be empowered to amend the standard forms set
out in the Annexes to that Regulation. Since those measures are of general scope and are designed to amend non-
essential elements of Regulation (EC) No 805/2004, they must be adopted in accordance with the regulatory
procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC.

Accordingly, Articles 31 and 32 of Regulation (EC) No 805/2004 shall be replaced by the following:

‘Article 31

Amendments to the Annexes

The Commission shall amend the standard forms set out in the Annexes. 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 32(2).

(1) OJ L 50, 25.2.2003, p. 1.
(2) OJ L 143, 30.4.2004, p. 15.

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Article 32

Committee

1. The Commission shall be assisted by the committee referred to in Article 75 of Regulation (EC) No 44/2001.

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.’