Regulation (EC) No 1137/2008 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 One
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As regards Directive 89/108/EEC, the Commission should be empowered to determine the purity criteria to be satisfied by cryogenic media, the sampling procedures for quick-frozen foodstuffs and the procedures for monitoring the temperature of such feedstuffs and for monitoring temperatures in the means of transport, warehousing and storage. Since those measures are of general scope and are designed to amend non-essential elements of Directive 89/108/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 89/108/EEC is hereby amended as follows:
the third paragraph of Article 4 shall be replaced by the following:
‘The purity criteria to be satisfied by those 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(2).’;
Article 11 shall be replaced by the following:
The sampling procedures for quick-frozen foodstuffs and the procedures for monitoring their temperature and for monitoring temperatures in the means of transport, 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(2).’;
Article 12 shall be amended as follows:
paragraph 2 shall be 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.’;
paragraph 3 shall be deleted.
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