Regulation (EC) No 219/2009 of the European Parliament and of the Council of 11 March 2009 adapting a number of instruments subject to the procedure referred to 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 Two
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As regards Directive 2005/44/EC, the Commission should be empowered to adapt the annexes to technical progress. Since those measures are of general scope and are designed to amend non-essential elements of Directive 2005/44/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 2005/44/EC is hereby amended as follows:
Article 10 shall be replaced by the following:
Annexes I and II may be amended in the light of the experience gained from the application of this Directive and 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 11(4).’;
Article 11 shall be replaced by the following:
1.The Commission shall be assisted by the Committee set up by Article 7 of Council Directive 91/672/EEC of 16 December 1991 on the reciprocal recognition of boatmasters’ certificates for the carriage of goods and passengers by inland waterway(2).
2.Where reference is made to this paragraph, Articles 3 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.
3.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 laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months.
4.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.
5.The Commission shall regularly consult representatives of the sector.’
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