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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 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(2) 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.’.
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