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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

Type Regulation

Publication 2008-11-21

Last updated 2016-04-20

State In force

Department Council of the European Union, European Parliament

Source EUR-Lex

articles 7

Reform history JSON API

9.13. Regulation (EC) No 336/2006 of the European Parliament and of the Council of 15 February 2006 on the implementation of the International Safety Management Code within the Community(⁷⁵)

As regards Regulation (EC) No 336/2006, the Commission should be empowered to adapt the Annex thereto containing the provisions for administrations concerning the implementation of the international safety management code. Since those measures are of general scope and are designed to amend non-essential elements of Regulation (EC) No 336/2006, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC.

Accordingly, Regulation (EC) No 336/2006 is hereby amended as follows:

1.Article 11(2) shall be replaced by the following: ‘2. Adaptations to Annex II, designed to amend non-essential elements of this Regulation, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 12(3).’;

2.Article 12 shall be replaced by the following: ‘Article 12 Committee procedure

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 (⁷⁶)

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 provided for in Article 5(6) of Decision 1999/468/EC shall be set at two months.

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.

9.14. Directive 2006/32/EC of the European Parliament and of the Council of 5 April 2006 on energy end-use efficiency and energy services(⁷⁷)

As regards Directive 2006/32/EC, the Commission should be empowered to adapt certain values and calculation methods to technical progress; to refine and complement the general framework for measurement and verification of energy savings; to raise the percentage of harmonised bottom-up calculations used in the harmonised calculation model; and to develop a set of harmonised energy efficiency indicators and benchmarks. Since those measures are of general scope and are designed to amend non-essential elements of Directive 2006/32/EC, inter alia, by supplementing it with new non-essential elements, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC.

Accordingly, Directive 2006/32/EC is hereby amended as follows:

1.Article 15 shall be replaced by the following: ‘Article 15 Review and adaptation to technical progress

The values and calculation methods referred to in Annexes II to V to this Directive shall be 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 16(3).

Before 1 January 2010, the Commission shall further refine and complement as required points 2 to 6 of Annex IV, whilst respecting the general framework set out in that Annex. Those measures, designed to amend non-essential elements of this Directive, inter alia, by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 16(3).

Before 1 January 2012, the Commission shall raise the percentage of harmonised bottom-up calculations used in the harmonised calculation model referred to in point 1 of Annex IV, without prejudice to those national schemes that already use a higher percentage. This measure, 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 new harmonised calculation model with a significantly higher percentage of bottom-up calculations shall be used as from 1 January 2012.

Wherever practicable and possible, the measurement of total savings over the total period of application of this Directive shall use the new harmonised calculation model referred to in the first subparagraph, without prejudice to those national schemes that use a higher percentage of bottom-up calculations.

Not later than 1 January 2010, the Commission shall develop a set of harmonised energy efficiency indicators and benchmarks based upon them, taking account of available data or data that can be collected in a cost-effective manner for each Member State. Those measures, designed to amend non-essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 16(3). For the development of these harmonised energy efficiency indicators and benchmarks, the Commission shall use as a reference guide the indicative list set out in Annex V. Member States shall gradually integrate these indicators and benchmarks into the statistical data included in their EEAPs as referred to in Article 14, and use them as one of the tools at their disposal to decide on future priority areas for the EEAPs.

Not later than 17 May 2011, the Commission shall present to the European Parliament and the Council a report on progress in setting indicators and benchmarks.’;

2.Article 16 shall be replaced by the following: ‘Article 16 Committee procedure

The Commission shall be assisted by a committee.

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 provided for in Article 5(6) of Decision 1999/468/EC shall be set at three months.

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.’

Chronological Index

1.Council Directive 76/160/EEC of 8 December 1975 concerning the quality of bathing water

2.Council Directive 76/769/EEC of 27 July 1976 on the approximation of the laws, regulations and administrative provisions of the Member States relating to restrictions on the marketing and use of certain dangerous substances and preparations

3.Council Directive 76/767/EEC of 27 July 1976 on the approximation of the laws of the Member States relating to common provisions for pressure vessels and methods of inspecting them

4.Council Directive 89/108/EEC of 21 December 1988 on the approximation of the laws of the Member States relating to quick-frozen foodstuffs for human consumption

5.Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work

6.Council Directive 90/496/EEC of 24 September 1990 on nutrition labelling for foodstuffs

7.Council Directive 91/271/EEC of 21 May 1991 concerning urban waste water treatment

8.Council Directive 91/676/EEC of 12 December 1991 concerning the protection of waters against pollution caused by nitrates from agricultural sources

9.Council Directive 91/672/EEC of 16 December 1991 on the reciprocal recognition of national boatmasters' certificates for the carriage of goods and passengers by inland waterway

10.Council Directive 92/29/EEC of 31 March 1992 on the minimum safety and health requirements for improved medical treatment on board vessels

11.Council Directive 92/75/EEC of 22 September 1992 on the indication by labelling and standard product information of the consumption of energy and other resources by household appliances

12.Council Regulation (EEC) No 696/93 of 15 March 1993 on the statistical units for the observation and analysis of the production system in the Community

13.Directive 94/25/EC of the European Parliament and of the Council of 16 June 1994 on the approximation of the laws, regulations and administrative provisions of the Member States relating to recreational craft

14.Directive 94/63/EC of the European Parliament and of the Council of 20 December 1994 on the control of volatile organic compound (VOC) emissions resulting from the storage of petrol and its distribution from terminals to service stations

15.Council Directive 95/57/EC of 23 November 1995 on the collection of statistical information in the field of tourism

16.Council Directive 96/50/EC of 23 July 1996 on the harmonization of the conditions for obtaining national boatmasters' certificates for the carriage of goods and passengers by inland waterway in the Community

17.Council Directive 96/82/EC of 9 December 1996 on the control of major-accident hazards involving dangerous substances

18.Directive 96/73/EC of the European Parliament and of the Council of 16 December 1996 on certain methods for the quantitative analysis of binary textile fibre mixtures

19.Council Directive 98/41/EC of 18 June 1998 on the registration of persons sailing on board passenger ships operating to or from ports of the Member States of the Community

20.Directive 1999/4/EC of the European Parliament and of the Council of 22 February 1999 relating to coffee extracts and chicory extracts

21.Directive 1999/2/EC of the European Parliament and of the Council of 22 February 1999 on the approximation of the laws of the Member States concerning foods and food ingredients treated with ionising radiation

22.Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste

23.Directive 1999/45/EC of the European Parliament and of the Council of 31 May 1999 concerning the approximation of the laws, regulations and administrative provisions of the Member States relating to the classification, packaging and labelling of dangerous preparations

24.Directive 1999/93/EC of the European Parliament and of the Council of 13 December 1999 on a Community framework for electronic signatures

25.Directive 1999/94/EC of the European Parliament and of the Council of 13 December 1999 relating to the availability of consumer information on fuel economy and CO2 emissions in respect of the marketing of new passenger cars

26.Directive 2000/36/EC of the European Parliament and of the Council of 23 June 2000 relating to cocoa and chocolate products intended for human consumption

27.Directive 2000/59/EC of the European Parliament and of the Council of 27 November 2000 on port reception facilities for ship-generated waste and cargo residues

28.Directive 2000/76/EC of the European Parliament and of the Council of 4 December 2000 on the incineration of waste

29.Directive 2001/96/EC of the European Parliament and of the Council of 4 December 2001 establishing harmonised requirements and procedures for the safe loading and unloading of bulk carriers

30.Directive 2002/6/EC of the European Parliament and of the Council of 18 February 2002 on reporting formalities for ships arriving in and/or departing from ports of the Member States of the Community

31.Directive 2002/24/EC of the European Parliament and of the Council of 18 March 2002 relating to the type-approval of two or three-wheel motor vehicles

32.Directive 2002/30/EC of the European Parliament and of the Council of 26 March 2002 on the establishment of rules and procedures with regard to the introduction of noise-related operating restrictions at Community airports

33.Regulation (EC) No 733/2002 of the European Parliament and of the Council of 22 April 2002 on the implementation of the.eu Top Level Domain

34.Directive 2002/46/EC of the European Parliament and of the Council of 10 June 2002 on the approximation law of the laws of the Member States relating to food supplements

35.Directive 2002/49/EC of the European Parliament and of the Council of 25 June 2002 relating to the assessment and management of environmental noise

36.Directive 2002/44/EC of the European Parliament and of the Council of 25 June 2002 on the minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents (vibration) (16th individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC)

37.Directive 2002/91/EC of the European Parliament and of the Council of 16 December 2002 on the energy performance of buildings

38.Directive 2003/10/EC of the European Parliament and of the Council of 6 February 2003 on the minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents (noise) (17th individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC)

39.Directive 2003/25/EC of the European Parliament and of the Council of 14 April 2003 on specific stability requirements for ro-ro passenger ships

40.Regulation (EC) No 1059/2003 of the European Parliament and of the Council of 26 May 2003 on the establishment of a common classification of territorial units for statistics (NUTS)

41.Directive 2003/37/EC of the European Parliament and of the Council of 26 May 2003 on type-approval of agricultural or forestry tractors, their trailers and interchangeable towed machinery, together with their systems, components and separate technical units

42.Regulation (EC) No 1177/2003 of the European Parliament and of the Council of 16 June 2003 concerning Community statistics on income and living conditions (EU-SILC)

43.Directive 2003/59/EC of the European Parliament and of the Council of 15 July 2003 on the initial qualification and periodic training of drivers of certain road vehicles for the carriage of goods or passengers

44.Regulation (EC) No 1830/2003 of the European Parliament and of the Council of 22 September 2003 on the traceability and labelling of genetically modified organisms and the traceability of food and feed products produced from genetically modified organisms

45.Regulation (EC) No 138/2004 of the European Parliament and of the Council of 5 December 2003 on the economic accounts for agriculture in the Community

46.Directive 2004/22/EC of the European Parliament and of the Council of 31 March 2004 on measuring instruments

47.Directive 2004/42/EC of the European Parliament and of the Council of 21 April 2004 on the limitation of emissions of volatile organic compounds due to the use of organic solvents in certain paints and varnishes and vehicle refinishing products

48.Regulation (EC) No 808/2004 of the European Parliament and of the Council of 21 April 2004 concerning Community statistics on the information society

49.Directive 2004/40/EC of the European Parliament and of the Council of 29 April 2004 on the minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents (electromagnetic fields) (18th individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC)

50.Regulation (EC) No 785/2004 of the European Parliament and of the Council of 21 April 2004 on insurance requirements for air carriers and aircraft operators

51.Regulation (EC) No 184/2005 of the European Parliament and of the Council of 12 January 2005 on Community statistics concerning balance of payments, international trade in services and foreign direct investment

52.Regulation (EC) No 1161/2005 of the European Parliament and of the Council of 6 July 2005 on the compilation of quarterly non-financial accounts by institutional sector

53.Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications

54.Regulation (EC) No 336/2006 of the European Parliament and of the Council of 15 February 2006 on the implementation of the International Safety Management Code within the Community

55.Directive 2006/25/EC of the European Parliament and of the Council of 5 April 2006 on the minimum health and safety requirements regarding the exposure of workers to risks arising from physical agents (artificial optical radiation) (19th individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC)

56.Directive 2006/32/EC of the European Parliament and of the Council of 5 April 2006 on energy end-use efficiency and energy services

57.Regulation (EC) No 842/2006 of the European Parliament and of the Council of 17 May 2006 on certain fluorinated greenhouse gases

58.Directive 2006/44/EC of the European Parliament and of the Council of 6 September 2006 on the quality of fresh waters needing protection or improvement in order to support fish life

59.Directive 2006/113/EC of the European Parliament and of the Council of 12 December 2006 on the quality required of shellfish waters

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(²) OJ C 117, 14.5.2008, p. 1.

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OJ L 183, 29.6.1989, p. 1.

OJ L 113, 30.4.1992, p. 19.

OJ L 177, 6.7.2002, p. 13.

OJ L 42, 15.2.2003, p. 38.

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OJ L 262, 27.9.1976, p. 153.

OJ L 262, 27.9.1976, p. 201.

OJ 196, 16.8.1967, p. 1.’

OJ L 164, 30.6.1994, p. 15.

OJ L 32, 3.2.1997, p. 1.

OJ L 200, 30.7.1999, p. 1.

OJ 196, 16.8.1967, p. 1.’

OJ L 124, 9.5.2002, p. 1.

OJ L 171, 9.7.2003, p. 1.

OJ L 31, 5.2.1976, p. 1.

OJ L 135, 30.5.1991, p. 40.

OJ L 375, 31.12.1991, p. 1.

OJ L 365, 31.12.1994, p. 24.

OJ L 10, 14.1.1997, p. 13.

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OJ L 161, 14.6.2006, p. 1.

OJ L 264, 25.9.2006, p. 20.

OJ L 376, 27.12.2006, p. 14.

OJ L 76, 30.3.1993, p. 1.

OJ L 291, 6.12.1995, p. 32.

OJ L 154, 21.6.2003, p. 1.

OJ L 165, 3.7.2003, p. 1.

OJ L 33, 5.2.2004, p. 1.

OJ L 143, 30.4.2004, p. 49.

OJ L 35, 8.2.2005, p. 23.

OJ L 191, 22.7.2005, p. 22.

OJ L 13, 19.1.2000, p. 12.

OJ L 113, 30.4.2002, p. 1.

OJ L 108, 24.4.2002, p. 33.’

OJ L 255, 30.9.2005, p. 22.

OJ L 40, 11.2.1989, p. 34.

OJ L 276, 6.10.1990, p. 40.

OJ L 66, 13.3.1999, p. 16.

OJ L 31, 1.2.2002, p. 1.’;

OJ L 183, 12.7.2002, p. 51.

OJ L 31, 1.2.2002, p. 1.’.

OJ L 373, 31.12.1991, p. 29.

OJ L 297, 13.10.1992, p. 16.

OJ L 235, 17.9.1996, p. 31.

OJ L 188, 2.7.1998, p. 35.

OJ L 184, 17.7.1999, p. 23.’.

OJ L 332, 28.12.2000, p. 81.

OJ L 324, 29.11.2002, p. 1.’;

OJ L 13, 16.1.2002, p. 9.

OJ L 324, 29.11.2002, p. 1.’;

OJ L 67, 9.3.2002, p. 31.

OJ L 324, 29.11.2002, p. 1.’.

OJ L 85, 28.3.2002, p. 40.

OJ L 1, 4.1.2003, p. 65.

OJ L 123, 17.5.2003, p. 22.

OJ L 324, 29.11.2002, p. 1.’

OJ L 226, 10.9.2003, p. 4.

OJ L 138, 30.4.2004, p. 1.

OJ L 64, 4.3.2006, p. 1.

OJ L 324, 29.11.2002, p. 1.’

OJ L 114, 27.4.2006, p. 64.

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9.13. Regulation (EC) No 336/2006 of the European Parliament and of the Council of 15 February 2006 on the implementation of the International Safety Management Code within the Community(75)

9.14. Directive 2006/32/EC of the European Parliament and of the Council of 5 April 2006 on energy end-use efficiency and energy services(77)

Chronological Index

9.13. Regulation (EC) No 336/2006 of the European Parliament and of the Council of 15 February 2006 on the implementation of the International Safety Management Code within the Community(⁷⁵)

9.14. Directive 2006/32/EC of the European Parliament and of the Council of 5 April 2006 on energy end-use efficiency and energy services(⁷⁷)