# Regulation (EC) No 219/2009 of the European Parliament and of the Council of 11 March 2009 adapting a number of instruments subject to the procedure referred to 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 Two, Division 4.1: Council Regulation (EEC) No 3924/91 of 19 December 1991 on the establishment of a Community survey of industrial production

Extent: E+W+S+N.I.

As regards Regulation (EEC) No 3924/91, the Commission should be empowered to update the list of products concerned by that Regulation. It should also be empowered to adopt detailed rules as regards representativeness and periodicity for certain products and to establish the arrangements for survey contents and implementing measures, including the measures for adjustment to technical progress concerning the collection of data and the processing of the results. Since those measures are of general scope and are designed to amend non-essential elements of Regulation (EEC) No 3924/91, 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, Regulation (EEC) No 3924/91 is hereby amended as follows:
1.. Article 2(6) shall be replaced by the following:
‘6. The Prodcom list and the information actually collected for each heading shall be updated by the Commission. Those measures, designed to amend non-essential elements of this Regulation, inter alia, by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 10(3).’;
2.. Article 3 shall be amended as follows:
(a) in paragraph 2 the words ‘in accordance with the procedure laid down in Article 10’ shall be replaced by the words ‘in accordance with the management procedure referred to in Article 10(2).’;
(b) paragraph 5 shall be replaced by the following:
‘5. Detailed rules for applying paragraph 3, including measures for the adjustment to technical progress, shall be adopted, as necessary, by the Commission. Those measures, designed to amend non-essential elements of this Regulation, inter alia, by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 10(3).’;
3.. Article 4 shall be replaced by the following:
‘Survey periods
Article 4 The survey shall cover an annual period of one calendar year.
However, for certain headings in the Prodcom list, the Commission may decide that monthly or quarterly surveys are to be conducted. Those measures, designed to amend non-essential elements of this Regulation, inter alia, by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 10(3).’;
4.. Article 5(1) shall be replaced by the following:
‘1. The required information shall be collected by the Member States using survey questionnaires the content of which shall comply with the arrangements defined by the Commission. Those measures, designed to amend non-essential elements of this Regulation, inter alia, by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 10(3).’;
5.. Article 6 shall be replaced by the following:
‘Processing of results
Article 6 Member States shall process the completed questionnaires referred to in Article 5(1) or the information from other sources referred to in Article 5(3) in accordance with the detailed rules adopted by the Commission. Those measures, designed to amend non-essential elements of this Regulation, by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 10(3).’;
6.. in Article 7(2) the words ‘in accordance with the procedure laid down in Article 10’ shall be replaced by the words ‘in accordance with the management procedure referred to in Article 10(2)’;
7.. Article 9 shall be deleted;
8.. Article 10 shall be replaced by the following:
‘Committee procedure
Article 10 1. The Commission shall be assisted by the Statistical Programme Committee established by Council Decision 89/382/EEC, Euratom.
2. Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.
The period laid down in Article 4(3) of Decision 1999/468/EC shall be set at three 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.’

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Source: https://www.legislation.gov.uk/eur/2009/219/annex/division/4/division/4.1 (the official version)
Page: https://openlegislation.uk/eu-regulation-2009-219/annex/division-4/division-4.1
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.