ANNEXU.K.

7.ENERGY AND TRANSPORTU.K.

7.3.Council Directive 1999/35/EC of 29 April 1999 on a system of mandatory surveys for the safe operation of regular ro-ro ferry and high-speed passenger craft services(1) U.K.

As regards Directive 1999/35/EC, the Commission should be empowered to adapt the Annexes, definitions and references to Community instruments and instruments of the International Maritime Organisation (IMO) in order to bring them into line with Community or IMO measures which have subsequently entered into force. The Commission should also be empowered to amend the annexes in order to improve the regime established by the Directive. Since those measures are of general scope and are designed to amend non-essential elements of Directive 1999/35/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 1999/35/EC is hereby amended as follows:

1.

in Article 4(1)(d), last sentence, Article 11(6) and (8) and Article 13(3), second and last sentences, the words ‘the procedure laid down in Article 16’ shall be replaced by the words ‘the regulatory procedure referred to in Article 16(2).’;

2.

Article 16 shall be replaced by the following:

‘Article 16Committee procedure

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 of the European Parliament and of the Council(2).

2.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 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.’;

3.

Article 17 shall be replaced by the following:

‘Article 17Amendment procedure

The Annexes to this Directive, the definitions, the references to Community instruments and references to IMO instruments may be adapted to the extent necessary to bring them into line with Community or IMO measures which have entered into force, but without broadening the scope of this Directive.

The Annexes may also be adapted when it is necessary to improve the arrangements established by this Directive, but without broadening its scope.

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 16(3).

The amendments to the international instruments referred to in Article 2 may be excluded from the scope of this Directive pursuant to Article 5 of Regulation (EC) No 2099/2002.’