{
  "url": "https://openlegislation.uk/eu-regulation-2008-1137/annex/division-4/division-4.5",
  "json_url": "https://openlegislation.uk/eu-regulation-2008-1137/annex/division-4/division-4.5.json",
  "legislation": "eur/2008/1137",
  "legislation_title": "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",
  "legislation_url": "https://openlegislation.uk/eu-regulation-2008-1137",
  "path": "annex/division/4/division/4.5",
  "kind": "division",
  "number": "4.5",
  "heading": "Council Directive 96/82/EC of 9 December 1996 on the control of major-accident hazards involving dangerous substances",
  "text": "As regards Directive 96/82/EC, the Commission should be empowered to adapt Annexes II to VI thereto to technical progress, and to establish harmonised criteria for decisions taken by the competent authorities of the Member States to the effect that an establishment is in a state incapable of creating a major accident hazard. Since those measures are of general scope and are designed to amend non-essential elements of Directive 96/82/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.\nAccordingly, Directive 96/82/EC is hereby amended as follows:\n1.. Article 9(6)(b) shall be replaced by the following:\n‘(b)\nThe Commission shall establish harmonised criteria for decisions of the competent authority that an establishment is in a state incapable of creating a major accident hazard within the meaning of subparagraph (a). 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 22(3).’;\n2.. Article 15(2) shall be replaced by the following:\n‘2. Member States shall, as soon as the information provided for in Article 14 is collected, inform the Commission of the result of their analysis and recommendations using a report form established and kept under review by means of the regulatory procedure referred to in Article 22(2).\nReporting of this information by Member States may be delayed only to allow for the completion of legal proceedings where such reporting is liable to affect those proceedings.’;\n3.. Article 21 shall be replaced by the following:\n‘Terms of reference of the Committee\nArticle 21 1. The Commission shall adapt the criteria referred to in Article 9(6)(b) and Annexes II to VI to technical progress.\nThose 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 22(3).\n2. The measure to draw up the report form referred to in Article 15(2) shall be adopted in accordance with the regulatory procedure referred to in Article 22(2).’;\n4.. Article 22 shall be replaced by the following:\n‘Committee procedure\nArticle 22 1. The Commission shall be assisted by a Committee.\n2. 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.\nThe period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months.\n3. 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.’",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "OJ L 10, 14.1.1997, p. 13."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/eur/2008/1137/annex/division/4/division/4.5",
    "retrieved_at": "2026-11-01T14:51:51.715683+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}