PART 3Amendment of retained direct EU legislation
I18
1
Article 5 is amended as follows.
2
In paragraph 1—
a
in the first sentence, omit “of the Member State concerned, referred to in Article 8(1), and to the Commission,”;
b
in the second sentence—
i
for “Member States”, substitute “
The competent authority
”
;
ii
omit “to the Member State's competent authority”.
3
In paragraph 2, in the third subparagraph—
a
in the first sentence, for “a tiered approach”, substitute “
the tiered approach referred to in the Commission Recommendation of 23rd December 2005 on the tiered approach technical guidance document for the purpose of implementing Regulation (EC) No 648/2004 of the European Parliament and the Council
”
;
b
omit the second and third sentences.
4
In paragraph 3—
a
in the first subparagraph—
i
omit “of the Member State”;
ii
for the comma after “requests”, substitute “
and
”
;
iii
omit “and inform the Commission about the results”;
b
in the second subparagraph—
i
omit “of the Member State” in both places it occurs;
ii
omit the final sentence.
5
In paragraph 4—
a
in the first sentence—
i
for “by the Member State, the Commission”, substitute “
under paragraph 3, the competent authority
”
;
ii
omit “in accordance with the procedure referred to in Article 12(2)”;
b
omit the second sentence;
c
for the third sentence, substitute “
The competent authority shall make its decision within 12 months of completing the evaluation carried out under paragraph 3.
”
.
6
In paragraphs 5 and 6, for “Commission” in each place it occurs, substitute “
competent authority
”
.