Regulation (EC) No 399/2009 of the European Parliament and of the Council of 23 April 2009 amending Council Regulation (EC) No 1172/98 on statistical returns in respect of the carriage of goods by road, as regards the implementing powers conferred on the Commission

21.5.2009 EN Official Journal of the European Union L 126/9
REGULATION (EC) No 399/2009 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 23 April 2009
amending Council Regulation (EC) No 1172/98 on statistical returns in respect of the carriage of goods by road, as regards the implementing powers conferred on the Commission
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION
,
Having regard to the Treaty establishing the European Community, and in particular Article 285(1) thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Economic and Social Committee (1),
Acting in accordance with the procedure laid down in Article 251 of the Treaty (2),
Whereas:
(1) Council Regulation (EC) No 1172/98 (3) provides that certain measures are to be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (4).
(2) Decision 1999/468/EC was 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 referred to in Article 251 of the Treaty.
(3) 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 scrutiny to be applicable to instruments adopted in accordance with the procedure referred to in Article 251 of the Treaty which are already in force, those instruments must be adjusted in accordance with the applicable procedures.
(4) As regards Regulation (EC) No 1172/98, the Commission should be empowered to adapt the data collection characteristics and the contents of the Annexes and to lay down the minimum precision requirements for the statistical returns transmitted by the Member States and the implementing procedures for that Regulation, including measures for adapting it to economic and technical progress. Since those measures are of general scope and are designed to amend non-essential elements of that Regulation they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC.
(5) Regulation (EC) No 1172/98 should therefore be amended accordingly,