Regulation (EC) No 1137/2008 of the European Parliament and of the CouncilShow full title

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 Committee(1),

Having regard to the opinion of the European Central Bank(2),

After consulting the Committee of the Regions,

Acting in accordance with the procedure laid down in Article 251 of the Treaty(3),

Whereas:

(1) Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission(4) has been amended by Council Decision 2006/512/EC(5), 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.

(2) In accordance with the statement by the European Parliament, the Council and the Commission(6) 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.

(3) 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:

(1)

OJ C 224, 30.8.2008, p. 35.

(2)

OJ C 117, 14.5.2008, p. 1.

(3)

Opinion of the European Parliament of 18 June 2008 (not yet published in the Official Journal) and Council Decision of 25 September 2008.

(4)

OJ L 184, 17.7.1999, p. 23.

(5)

OJ L 200, 22.7.2006, p. 11.

(6)

OJ C 255, 21.10.2006, p. 1.