{
  "url": "https://openlegislation.uk/eu-regulation-2009-219/annex/division-7/division-7.5",
  "json_url": "https://openlegislation.uk/eu-regulation-2009-219/annex/division-7/division-7.5.json",
  "legislation": "eur/2009/219",
  "legislation_title": "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",
  "legislation_url": "https://openlegislation.uk/eu-regulation-2009-219",
  "path": "annex/division/7/division/7.5",
  "kind": "division",
  "number": "7.5",
  "heading": "Regulation (EC) No 782/2003 of the European Parliament and of the Council of 14 April 2003 on the prohibition of organotin compounds on ships",
  "text": "As regards Regulation (EC) No 782/2003, the Commission should be empowered to establish a harmonised survey and certification regime for certain ships, to take certain measures as regards ships sailing under the flag of a third State, to establish port State control procedures, and to amend certain references and annexes to take account of developments at international level, in particular in the IMO, or to improve the effectiveness of that Regulation in the light of experience. Since those measures are of general scope and are designed to amend non-essential elements of Regulation (EC) No 782/2003, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC.\nAccordingly, Regulation (EC) No 782/2003 is hereby amended as follows:\n1.. Article 6 shall be amended as follows:\n(a) in paragraph 1(b), the second subparagraph shall be replaced by the following:\n‘If necessary, the Commission may establish a harmonised survey and certification regime for these ships. That measure, designed to amend non-essential elements of this Regulation, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 9(2).’;\n(b) paragraph 3 shall be replaced by the following:\n‘3. If the AFS-Convention has not entered into force by 1 January 2007, the Commission shall adopt appropriate measures in order to allow ships flying the flag of a third State to demonstrate their compliance with Article 5. Those measures, designed to amend non-essential elements of this Regulation, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 9(2).’;\n2.. in Article 7, the second paragraph shall be replaced by the following:\n‘If the AFS-Convention has not entered into force by 1 January 2007, the Commission shall establish appropriate procedures for these controls. Those measures, designed to amend non-essential elements of this Regulation, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 9(2).’;\n3.. Article 8 shall be replaced by the following:\n‘Article 8 In order to take account of developments at international level and in particular in the International Maritime Organisation (IMO), or to improve the effectiveness of this Regulation in the light of experience, the Commission may amend the references to the AFS-Convention, to the AFS-Certificate, to the AFS-Declaration and to the AFS-Statement of Compliance and the Annexes to this Regulation, including relevant IMO guidelines in relation to Article 11 of the AFS-Convention. Those measures, designed to amend non-essential elements of this Regulation, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 9(2).’;\n4.. Article 9 shall be replaced by the following:\n‘Committee procedure\nArticle 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.\n2. 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 115, 9.5.2003, p. 1."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "OJ L 324, 29.11.2002, p. 1.’"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/eur/2009/219/annex/division/7/division/7.5",
    "retrieved_at": "2026-11-01T14:51:36.375750+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."
}