ANNEX

2.ENTERPRISE

2.4.Regulation (EC) No 2003/2003 of the European Parliament and of the Council of 13 October 2003 relating to fertilisers11

As regards Regulation (EC) No 2003/2003, the Commission should be empowered to adapt its annexes to technical progress, to adapt the measuring, sampling and analysis methods, to adopt rules regarding control measures and to include new types of EC fertilisers. Since those measures are of general scope and are designed to amend non-essential elements of Regulation (EC) No 2003/2003, 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 2003/2003 is hereby amended as follows:

  1. 1.

    in Article 29, paragraph 4 shall be replaced by the following:

    4.

    The Commission shall adapt and modernise the measuring, sampling and analysis methods and shall, wherever possible, use European Standards. 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(3). The same procedure shall apply to the adoption of implementing rules needed to specify the control measures provided for in this Article and in Articles 8, 26 and 27. Such rules shall in particular address the question of the frequency with which tests need to be repeated, as well as measures that are designed to ensure that the fertiliser put on the market is identical with the fertiliser tested.

  2. 2.

    Article 31 is hereby amended as follows:

    1. (a)

      paragraph 1 shall be replaced by the following:

      1.

      The Commission shall adapt Annex I to include new types of fertilisers.

    2. (b)

      paragraph 3 shall be replaced by the following:

      3.

      The Commission shall adapt the Annexes to take account of technical progress.

    3. (c)

      the following paragraph shall be added:

      4.

      The measures referred to in paragraphs 1 and 3, 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(3).

  3. 3.

    Article 32 shall be replaced by the following:

    Article 32Committee procedure

    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 laid down 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.