# 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 7.2: Council Directive 97/70/EC of 11 December 1997 setting up a harmonised safety regime for fishing vessels of 24 metres in length and over

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

As regards Directive 97/70/EC, the Commission should be empowered to adopt provisions for the harmonised interpretation of provisions of the Annex to the Torremolinos Protocol and for the implementation of the Directive. The Commission should also be empowered to amend certain provisions of the Directive and of the annexes thereto in order to apply, for the purpose of the Directive, subsequent amendments to the Torremolinos Protocol which entered into force after the adoption of the Directive. Since those measures are of general scope and are designed to amend non-essential elements of Directive 97/70/EC, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC.
Accordingly, Directive 97/70/EC is hereby amended as follows:
1.. in Article 4(4)(b), the words ‘in accordance with the procedure laid down in Article 9’ shall be replaced by the words ‘in accordance with the regulatory procedure referred to in Article 9(2).’;
2.. in Article 8, the first subparagraph shall be replaced by the following:
‘The following adaptations, designed to amend non-essential elements of this Directive, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 9(3):
(a) provisions may be adopted and incorporated for:
a harmonised interpretation of those provisions of the Annex to the Torremolinos Protocol which have been left to the discretion of the administrations of individual contracting parties, as far as necessary to ensure their consistent implementation in the Community,
the implementation of this Directive without broadening its scope,
(b) Articles 2, 3, 4, 6 and 7 of this Directive may be adapted and its Annexes may be amended in order to apply, for the purpose of this Directive, subsequent amendments to the Torremolinos Protocol which have entered into force after the adoption of this Directive.’;
3.. Article 9 shall be replaced by the following:
‘Committee procedure
Article 9 1. 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.
2. Where reference is made to this paragraph, Articles 5 and 7 of Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission shall apply, having regard to the provisions of Article 8 thereof.
The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at two 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/7/division/7.2 (the official version)
Page: https://openlegislation.uk/eu-regulation-2009-219/annex/division-7/division-7.2
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.