Division 7.11 Directive 2005/65/EC of the European Parliament and of the Council of 26 October 2005 on enhancing port security

As regards Directive 2005/65/EC, the Commission should be empowered to adapt the Annexes thereto. Since those measures are of general scope and are designed to amend non-essential elements of Directive 2005/65/EC, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC.

Directive 2005/65/EC lays down security requirements and measures and is based on international instruments that are subject to amendment. Where, on imperative grounds of urgency, the normal time-limits for the regulatory procedure with scrutiny cannot be complied with, the Commission should be able to have recourse to the urgency procedure provided for in Article 5a(6) of Decision 1999/468/EC for the adaptation of its Annexes.

Accordingly, Articles 14 and 15 of Directive 2005/65/EC shall be replaced by the following:

‘Adaptations

Article 14

The Commission may adapt Annexes I to IV without broadening the scope of this Directive. 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 15(2).

On imperative grounds of urgency, the Commission may have recourse to the urgency procedure referred to in Article 15(3).

Committee procedure

Article 15

1.

The Commission shall be assisted by the committee set up by Regulation (EC) No 725/2004.

2.

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.

3.

Where reference is made to this paragraph, Article 5a(1), (2), (4) and (6) and Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.’