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
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Articles 40, 47(1) and (2), first and third sentences, 55, 71, 80(2), 95, 100, 137(2), 156, 175(1) and 285 thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Economic and Social Committee1,
Having regard to the opinion of the European Central Bank2,
After consulting the Committee of the Regions,
Acting in accordance with the procedure laid down in Article 251 of the Treaty3,
Whereas:
Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission4 has been amended by Council Decision 2006/512/EC5, 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 laid down in Article 251 of the Treaty, inter alia, by deleting some of those elements or by supplementing the instrument with new non-essential elements.
In accordance with the statement by the European Parliament, the Council and the Commission6 concerning Decision 2006/512/EC, for the regulatory procedure with scrutiny to be applicable to instruments adopted in accordance with the procedure laid down in Article 251 of the Treaty which are already in force, those instruments must be adjusted in accordance with the applicable procedures.
Since the amendments made to instruments for this purpose concern committee procedure only, they do not, in the case of directives, need to be transposed by the Member States,
HAVE ADOPTED THIS REGULATION: