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 ”.