As regards Directive 91/672/EEC, the Commission should be empowered 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/EEC, inter alia, 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, Directive 91/672/EEC is hereby amended as follows:
Article 4 shall be replaced by the following:
If necessary, the Commission shall adapt the list of certificates appearing in Annex I to this Directive. 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).’;
Article 7 shall be replaced by the following:
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.’
As regards Directive 92/75/EEC, the Commission should be empowered to add further types of household appliance to the list set out in Article 1(1) thereof and to adopt measures regarding the listed types of household appliance. Since those measures are of general scope and are designed to amend non-essential elements of Directive 92/75/EEC 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, Directive 92/75/EEC is hereby amended as follows:
Article 1(2) shall be replaced by the following:
‘2.Further types of household appliance 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).’;
Article 2(2) shall be 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).’;
Article 9 shall be replaced by the following:
The Commission shall adopt, and adapt to technical progress, measures relating to the establishment and operation of the scheme by way of implementing Directives and by way of the addition of further household appliances to the list in Article 1(1) where significant energy savings are likely to be achieved.
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 10(2).’;
Article 10 shall be replaced by the following:
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.’
As regards Directive 96/50/EC, the Commission should be empowered to adapt the form of the boatmasters’ certificate to developments regarding the professional knowledge required for the issue of the certificate. Since those measures are of general scope and are designed to amend non-essential elements of Directive 96/50/EC, inter alia, 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, Directive 96/50/EC is hereby amended as follows:
Article 11 shall be replaced by the following:
The Commission may adapt the form of the boatmasters’ certificate set out in Annex I to developments regarding the 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).’;
Article 12 shall be replaced by the following:
1.The Commission shall be assisted 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.’
As regards Directive 98/41/EC, the Commission should be empowered to adapt certain provisions thereof, without broadening its scope, to take account of 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 hereby amended as follows:
Article 9 shall be amended as follows:
in paragraph 3(b), the words ‘Article 13’ shall be replaced by the words ‘Article 13(2)’;
in the third subparagraph of paragraph 4, the words ‘Article 13’ shall be replaced by the words ‘Article 13(2)’;
the first subparagraph of Article 12 shall be 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 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).’;
Article 13 shall be replaced by the following:
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(5) 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.’.
As regards Directive 2000/59/EC, the Commission should be empowered to adapt the Annexes thereto, the definition set out in Article 2(b) thereof and references to Community and IMO instruments, and to adapt the Annexes in order to improve the regime established by Directive 2000/59/EC and to take account of Community or 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 hereby amended as follows:
Article 14 shall be replaced by the following:
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(7).
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.’;
Article 15 shall be replaced by the following:
The Annexes to this Directive, the definition in Article 2(b) and references to Community and 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, in so far 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 in order to improve the regime established by this Directive, 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 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.’
As regards Directive 2001/96/EC, the Commission should be empowered to adapt certain definitions and the references to international conventions and codes, to IMO Resolutions and Circulars, to ISO standards and to Community instruments and 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 Directive 2001/96/EC, provided that the scope of that 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 hereby amended as follows:
Article 14 shall be replaced by the following:
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(9).
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.’;
Article 15(1) and (2) shall be replaced by the following:
‘1.The definitions set out 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 and the references to Community instruments and the Annexes thereto may be amended in order to 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 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 may amend or repeal 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).’
As regards Directive 2002/6/EC, the Commission should be empowered to amend the lists of reporting formalities in respect of ships, signatories, technical specifications and models of IMO FAL forms. The Commission should also be empowered to adapt references to IMO instruments in order to bring Directive 2002/6/EC 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 hereby amended as follows:
Article 5 shall be replaced by the following:
Measures adapting 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).’;
Article 6 shall be replaced by the following:
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(11)
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.’.
As regards Directive 2002/30/EC, the Commission should be empowered to adapt the list of city airports set out 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 hereby amended as follows:
Article 2 shall be amended as follows:
in point (b), the last sentence shall be deleted;
the following subparagraph shall be added:
‘The Commission may adapt 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).’;
Article 13(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.’
As regards Directive 2002/91/EC, the Commission should be empowered to adapt to technical progress certain parts of the general framework set out in the Annex to that Directive. Since those measures are of general scope and are designed to amend non-essential elements 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 hereby amended as follows:
in Article 3, the first paragraph shall be 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 to this Directive. The Commission shall adapt points 1 and 2 of the Annex to technical progress, taking into account standards or norms applied pursuant to national law. 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).’;
in Article 13, the second paragraph shall be replaced by the following:
‘Adaptations of points 1 and 2 of the Annex to this Directive to technical progress, 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).’;
Article 14 shall be replaced by the following:
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.’
As regards Directive 2003/25/EC, the Commission should be empowered to adapt the specific stability requirements and indicative guidelines for national administrations in order to take account of developments at international level and in particular in the IMO, and to improve the effectiveness of that Directive in the light of experience and 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.
Accordingly, Directive 2003/25/EC is hereby amended as follows:
Article 10 shall be replaced by the following:
The Annexes to this Directive 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 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).’;
Article 11 shall be replaced by the following:
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(15)
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.’
As regards Directive 2003/59/EC, the Commission should be empowered to adapt the Annexes thereto 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 hereby amended as follows:
Article 11 shall be replaced by the following:
Adaptations of Annexes I and II to scientific and technical progress, 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).’;
Article 12 shall be replaced by the following:
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.’
As regards Regulation (EC) No 785/2004, the Commission should be empowered to adapt amounts in respect of liability for passengers, baggage and cargo, and 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 hereby amended as follows:
Article 6(5) shall be replaced by the following:
‘5.The values referred to in this Article may be adapted, as appropriate, where amendments to the relevant international treaties make this necessary. 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).’;
Article 7(2) shall be replaced by the following:
‘2.The values referred to in this Article may be adapted, as appropriate, where amendments to the relevant international treaties make this necessary. 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).’;
Article 9(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.’
As regards Regulation (EC) No 336/2006, the Commission should be empowered to adapt the Annex thereto containing the provisions for 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 hereby amended as follows:
Article 11(2) shall be replaced by the following:
‘2.Adaptations to Annex II, 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).’;
Article 12 shall be replaced by the following:
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(19)
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.’
As regards Directive 2006/32/EC, the Commission should be empowered 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 the 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, inter alia, 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, Directive 2006/32/EC is hereby amended as follows:
Article 15 shall be replaced by the following:
1.The values and calculation methods referred to in Annexes II to V to this Directive 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).
2.Before 1 January 2010, the Commission shall further refine and complement as required points 2 to 6 of Annex IV, whilst respecting the general framework set out in that Annex. 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).
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 national 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 be used as from 1 January 2012.
Wherever practicable and possible, the measurement of total savings over the total period of application of this Directive shall use the new harmonised calculation model referred to in the first subparagraph, without prejudice to those national schemes that use a higher percentage of bottom-up calculations.
4.Not later than 1 January 2010, the Commission shall develop a set of harmonised energy efficiency indicators and benchmarks based upon them, taking account of 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 for the EEAPs.
Not later than 17 May 2011, the Commission shall present to the European Parliament and the Council a report on progress in setting indicators and benchmarks.’;
Article 16 shall be replaced by the following:
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.’