# 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 7.7: Directive 2004/52/EC of the European Parliament and of the Council of 29 April 2004 on the interoperability of electronic road toll systems in the Community

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

As regards Directive 2004/52/EC, the Commission should be empowered to adapt the annex and to take decisions relating to the definition of the European electronic toll service. The Commission should also be empowered to take technical decisions relating to the realisation of the European electronic toll service. Since those measures are of general scope and are designed to amend non-essential elements of Directive 2004/52/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.
Accordingly, Directive 2004/52/EC is hereby amended as follows:
1.. Article 4 shall be amended as follows:
(a) paragraph 2 shall be replaced by the following:
‘2. Where appropriate, the Annex may be adapted for technical reasons. 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 5(2).’;
(b) paragraphs 4, 5 and 6 shall be replaced by the following:
‘4. The decisions relating to the definition of the European electronic toll service shall be taken by the Commission. 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 5(2). Such decisions shall only be taken if all the conditions, evaluated on the basis of appropriate studies, are in place to enable interoperability to work from all points of view, including technical, legal and commercial conditions.
5. Technical decisions relating to the realisation of the European electronic toll service shall be taken by the Commission. 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 5(2).’;
2.. Article 5 shall be replaced by the following:
‘Committee procedure
Article 5 1. The Commission shall be assisted by an Electronic Toll Committee.
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.’

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Source: https://www.legislation.gov.uk/eur/2009/219/annex/division/7/division/7.7 (the official version)
Page: https://openlegislation.uk/eu-regulation-2009-219/annex/division-7/division-7.7
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.