(1)

The processing aid for short flax fibre and hemp fibre containing not more than 7,5 % impurities and shives applies until the end of 2007/2008 marketing year. Nevertheless, in view of the favourable trends on the market for this kind of fibre under the current aid scheme and in order to contribute to consolidating innovative products and their market outlets, application of this aid should be extended until the end of the 2008/2009 marketing year.

(2)

Council Regulation (EC) No 1673/2000 of 27 July 2000 on the common organisation of the markets in flax and hemp grown for fibre (1) provided for an increase in the level of processing aid for long flax fibre from the 2008/2009 marketing year onwards. Regulation (EC) No 1673/2000 has been replaced by Council Regulation (EC) No 1234/2007 as of the marketing year 2008/2009. The provisions of Regulation (EC) No 1234/2007 were drafted in view of the provisions of Regulation (EC) No 1673/2000 as they would have applied as of that marketing year, therefore fixing the aid at the level foreseen. Since the processing aid for short fibres is maintained till the end of the 2008/2009 marketing year, the processing aid for long flax fibre for that additional marketing year should be maintained at the level that has so far been foreseen in Regulation (EC) No 1673/2000 until the end of the 2007/2008 marketing year.

(3)

In order to promote the production of high-quality short flax and hemp fibres, the aid is granted to fibres containing a maximum of 7,5 % of impurities and shives. However, the Member States may derogate from this limit and grant processing aid for short flax fibre containing a percentage of impurities and shives of between 7,5 % and 15 % and for hemp fibre containing a percentage of impurities and shives of between 7,5 % and 25 %. Since this possibility is open only till the end of the 2007/2008 marketing year, it is necessary to give the Member States the possibility to derogate from that limit for one more marketing year.

(4)

As new market outlets have developed it is required to guarantee a minimum level of raw material supply. So in order to continue to ensure reasonable production levels in each Member State, it is necessary to extend the period in which the national guaranteed quantities apply.

(5)

Additional aid has been supporting the continuation of traditional production of flax in certain regions of the Netherlands, Belgium and France. In order to continue enabling gradual adaptation of farm structures to the new market conditions, it is necessary to extend this transitional aid until the end of 2008/2009 marketing year.

(6)

Regulation (EC) No 1234/2007 should therefore be amended accordingly,

1.

the title of Subsection II of Section I of Chapter IV of Title I of Part II shall be replaced by the following:

2.

Article 91 shall be amended as follows:

3.

Article 92(1) shall be replaced by the following:

4.

Article 94 shall be amended as follows:

5.

the following Article shall be inserted after Article 94:

6.

Annex XI shall be amended in accordance with the Annex to this Regulation.

(1)

Annex IX to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (the ‘single CMO’ Regulation) (1) sets down the national milk quotas for the seven 12-month periods commencing on 1 April 2008 within the milk quota system for production limitation.

(2)

Article 66(3) of Regulation (EC) No 1234/2007 provides that those quotas are fixed without prejudice to possible review in the light of the general market conditions and particular conditions in certain Member States.

(3)

The Council requested that the Commission undertake a market outlook report when the 2003 reforms of the common market organisation in milk and milk products had been fully implemented with a view to assessing the appropriateness of allocating additional quotas.

(4)

This report has been conducted and concluded the current situation of the Community and world markets and their projected situation in the period to 2014, warrant an additional increase in quota by 2 % to facilitate the production of more milk within the Community to help satisfy emerging market requirements for dairy products.

(5)

Therefore it is appropriate to increase all Member State quotas as shown in Annex IX of Regulation (EC) No 1234/2007 by 2 % from 1 April 2008.

(6)

Regulation (EC) No 1234/2007 should therefore be amended accordingly,

(1)

Regulation (EC) No 1580/2007 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in the Annex thereto.

(2)

In compliance with the above criteria, the standard import values must be fixed at the levels set out in the Annex to this Regulation,

(1)

Regulation (EC) No 533/2007 opened tariff quotas for imports of products in the poultrymeat sector.

(2)

The applications for import licences lodged during the first seven days of March 2008 for the subperiod 1 April to 30 June 2008 relate, for some quotas, to quantities exceeding those available. The extent to which licences may be issued should therefore be determined and an allocation coefficient laid down to be applied to the quantities applied for,

(1)

Regulation (EC) No 539/2007 opened tariff quotas for imports of products in the egg sector and for egg albumin.

(2)

The applications for import licences lodged during the first seven days of March 2008 for the subperiod 1 April to 30 June 2008 relate, for some quotas, to quantities exceeding those available. The extent to which licences may be issued should therefore be determined and an allocation coefficient laid down to be applied to the quantities applied for.

(1)

The applications for import licences lodged under certain quotas during the first seven days of March 2008 for the subperiod 1 April to 30 June 2008 relate to quantities exceeding those available. The quantities for which licences may be issued should therefore be determined by setting the allocation coefficient by which the quantities applied for are to be multiplied.

(2)

The applications for import licences lodged under certain quotas during the first seven days of March 2008 for the subperiod 1 April to 30 June 2008 do not cover the total available. The quantities for which applications have not been lodged should therefore be determined, and these should be added to the quantity fixed for the following quota subperiod,

(1)

The applications for import licences lodged (under the quota bearing the serial number 09.4092) during the first seven days of March 2008 for the subperiod 1 April to 30 June 2008 relate to quantities exceeding those available. The quantities for which licences may be issued should therefore be determined by setting the allocation coefficient by which the quantities applied for are to be multiplied.

(2)

The applications for import licences lodged (under the quota bearing the serial number 09.4091) during the first seven days of March 2008 for the subperiod 1 April to 30 June 2008 do not cover the total quantities available. The quantities for which applications have not been lodged should therefore be determined, and these should be added to the quantity fixed for the following quota subperiod,

(1)

Regulation (EC) No 1383/2007 has opened tariff quotas for imports of poultrymeat products.

(2)

The applications for import licences lodged during the first seven days of March 2008 for the subperiod 1 April to 30 June 2008 do not cover the total quantity available. The quantities for which applications have not been lodged should therefore be determined, and these should be added to the quantity fixed for the following quota subperiod,

(1)

Regulation (EC) No 1399/2007 has opened tariff quotas for the import of certain meat products.

(2)

The applications for import licences lodged during the first seven days of March 2008 for the subperiod 1 April to 30 June 2008 do not cover the total quantity available. The quantities for which applications have not been lodged should therefore be determined and these should be added to the quantity fixed for the following quota subperiod,

(1)

Regulation (EC) No 1382/2007 has opened tariff quotas for the import of pigmeat products.

(2)

The applications for import licences lodged during the first seven days of March 2008 for the subperiod 1 April to 30 June 2008 do not cover the total quantity available. The quantities for which applications have not been lodged should therefore be determined and these should be added to the quantity fixed for the following quota subperiod,

(1)

The representative prices and additional duties applicable to imports of white sugar, raw sugar and certain syrups for the 2007/08 marketing year are fixed by Commission Regulation (EC) No 1109/2007 (3). These prices and duties have been last amended by Commission Regulation (EC) No 211/2008 (4).

(2)

The data currently available to the Commission indicate that the said amounts should be changed in accordance with the rules and procedures laid down in Regulation (EC) No 951/2006,

(1)

Article 44a of Regulation (EC) No 1290/2005 lays down that Member States have to ensure the annual ex-post publication of the beneficiaries of the European Agricultural Guarantee Fund (EAGF), and of the European Agricultural Fund for Rural Development (EAFRD), hereinafter referred to as Funds, and the amounts received per beneficiary under each of these Funds.

(2)

The purpose of the publication, which should be in accordance with the information held by the paying agencies in their books and records and which should only concern payments received in the preceding financial year, is to enhance transparency regarding the use of the Funds and improve their sound financial management. In order to meet these objectives, the information should be presented to the public in a clear, harmonised and searchable manner by the due date of 30 April. In respect of EAFRD expenditure paid between 1 January and 15 October 2007, a special date for publication should be fixed.

(3)

To this end, the minimum requirements as to the content of the publication should be laid down. These requirements should not go further than what is necessary in a democratic society in order to reach the objectives pursued.

(4)

Publication of the information should be implemented via the internet in the form of a search tool which ensures that the public at large is in the position to consult it. The search tool should permit to search on the basis of certain criteria and the results of the search should be presented in an easily accessible form.

(5)

The publication of the information concerning the beneficiaries should occur as quickly as possible after the closure of the financial year in order to ensure transparency towards the public. At the same time, Member States should have sufficient time to undertake the necessary work. As the objective of transparency does not require that the information remains available indefinitely, a reasonable period of availability of the published information should be laid down.

(6)

Making this information accessible to the public enhances transparency regarding the use of Community funds in the common agricultural policy and improves the sound financial management of these funds, in particular by reinforcing public control of the money used. Given the overriding weight of the objectives pursued, it is justified with regard to the principle of proportionality and the requirement of the protection of personal data to provide for the general publication of the relevant information as it does not go beyond what is necessary in a democratic society and for the prevention of irregularities.

(7)

To comply with the data protection requirements beneficiaries of the Funds should be informed of the publication of their data before the publication takes place. The information of the beneficiaries should take place through the application forms for aid or when the data are collected otherwise. Furthermore, the beneficiaries should be informed about their rights under Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (2) and the procedures applicable for exercising these rights. As regards expenditure incurred in financial years 2007 and 2008, in so far as information of the beneficiaries is not possible at the moment of collecting the personal data, the beneficiaries should still be informed within a reasonable period of time before publication actually takes place.

(8)

For the sake of transparency, beneficiaries of the Funds should also be informed that, for the purpose of safeguarding the financial interests of the Communities, their personal data may be processed by auditing and investigating bodies of the Communities and the Member States. This information should be given at the same moment as the information on the publication and on the rights of individuals is given.

(9)

In order to facilitate the access of the public to the data published, the Commission should provide for a Community website including links to the websites of the Member States on which the information has been made available. In view of the different organisational structures within the Member States, they should determine themselves which body is in charge of setting up and maintaining their single website and of publishing the data.

(10)

Since Article 2 of Regulation (EC) No 1437/2007 provides that Article 44a of Regulation (EC) No 1290/2005, inserted by Regulation (EC) No 1437/2007, applies to EAGF expenditure incurred from 16 October 2007 and to EAFRD expenditure incurred from 1 January 2007, it is therefore necessary to apply also the implementing rules for the same time period.

(11)

The measures provided for in this Regulation are in accordance with the opinion of the Committee on the Agricultural Funds,

(1)

Several Member States have indicated to the Commission the need for a derogation from the maximum residue levels set out in Annexes II and III, specifying the crops and pesticides for which that derogation is needed. Such a derogation should allow Member States to authorise, further to a post-harvest treatment with a fumigant on their own territory, residue levels for active substances which exceed the limits specified in those Annexes in order to prevent trade disruption of stored products that underwent post-harvest treatments with fumigants.

(2)

Regulation (EC) No 396/2005 should therefore be amended accordingly.

(3)

The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,

(1)

Directive 2004/39/EC of the European Parliament and of the Council (4) provides that certain measures are to be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (5).

(2)

Council Decision 1999/468/EC has been amended by Decision 2006/512/EC, which introduced the regulatory procedure with scrutiny for the adoption of measures of general scope and designed to amend non-essential elements of a basic instrument adopted in accordance with the procedure referred to in Article 251 of the Treaty, inter alia, by deleting some of those elements or by supplementing the instrument with new non-essential elements.

(3)

In accordance with the statement by the European Parliament, the Council and the Commission (6) concerning Decision 2006/512/EC, for the regulatory procedure with scrutiny to be applicable to instruments adopted in accordance with the procedure referred to in Article 251 of the Treaty which are already in force, those instruments must be adjusted in accordance with the applicable procedures.

(4)

The Commission should be empowered to adopt the measures necessary for the implementation of Directive 2004/39/EC in order to take account of technical developments on financial markets and ensure the uniform application of that Directive. Those measures are designed to adapt definitions or modify the scope of exemptions under that Directive; elaborate upon or supplement provisions of that Directive concerning organisational requirements or operating conditions imposed upon investment firms or credit institutions; and add detailed specifications on the pre- and post-trade transparency obligations imposed upon the various negotiating venues under that Directive. Since those measures are of general scope and are designed to amend non-essential elements of Directive 2004/39/EC 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.

(5)

Directive 2004/39/EC provides for a time restriction concerning the implementing powers conferred on the Commission. In their statement concerning Decision 2006/512/EC, the European Parliament, the Council and the Commission stated that Decision 2006/512/EC provides a horizontal and satisfactory solution to the European Parliament’s wish to scrutinise the implementation of instruments adopted under the co-decision procedure and that, accordingly, implementing powers should be conferred on the Commission without time limit. The European Parliament and the Council also declared that they would ensure that the proposals aimed at repealing the provisions in the instruments that provide for a time limit on the delegation of implementing powers to the Commission are adopted as rapidly as possible. Following the introduction of the regulatory procedure with scrutiny, the provision establishing that time restriction in Directive 2004/39/EC should be deleted.

(6)

The Commission should, at regular intervals, evaluate the functioning of the provisions concerning the implementing powers conferred on it in order to allow the European Parliament and the Council to determine whether the extent of those powers and the procedural requirements imposed on the Commission are appropriate and ensure both efficiency and democratic accountability.

(7)

Directive 2004/39/EC should therefore be amended accordingly.

(8)

Since the amendments made to Directive 2004/39/EC by this Directive are technical in nature and concern committee procedure only, they do not need to be transposed by the Member States. It is therefore not necessary to lay down provisions to that effect,

1.

Article 2(3) shall be amended as follows:

2.

Article 4 shall be amended as follows:

3.

Article 13(10) shall be amended as follows:

4.

in the second and third subparagraphs of Article 15(3), the words ‘in accordance with the procedure referred to in Article 64(2),’ shall be replaced by ‘in accordance with the regulatory procedure referred to in Article 64(3),’;

5.

Article 18(3) shall be amended as follows:

6.

Article 19(10) shall be amended as follows:

7.

Article 21(6) shall be amended as follows:

8.

Article 22(3) shall be amended as follows:

9.

Article 24(5) shall be amended as follows:

10.

Article 25(7) shall be amended as follows:

11.

Article 27(7) shall be amended as follows:

12.

Article 28(3) shall be amended as follows:

13.

Article 29(3) shall be amended as follows:

14.

Article 30(3) shall be amended as follows:

15.

Article 40(6) shall be amended as follows:

16.

Article 44(3) shall be amended as follows:

17.

Article 45(3) shall be amended as follows:

18.

Article 56(5) shall be amended as follows:

19.

in Article 58(4), the words ‘in accordance with the procedure referred to in Article 64(2),’ shall be replaced by ‘, in accordance with the regulatory procedure referred to in Article 64(3),’;

20.

Article 64 shall be amended as follows:

(1)

Directive 2003/71/EC of the European Parliament and of the Council (4) provides that certain measures are to be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (5).

(2)

Council Decision 1999/468/EC has been amended by Decision 2006/512/EC, which introduced the regulatory procedure with scrutiny for the adoption of measures of general scope and designed to amend non-essential elements of a basic instrument adopted in accordance with the procedure referred to in Article 251 of the Treaty, inter alia, by deleting some of those elements or by supplementing the instrument with new non-essential elements.

(3)

In accordance with the statement by the European Parliament, the Council and the Commission (6) concerning Decision 2006/512/EC, for the regulatory procedure with scrutiny to be applicable to instruments adopted in accordance with the procedure referred to in Article 251 of the Treaty which are already in force, those instruments must be adjusted in accordance with the applicable procedures.

(4)

The Commission should be empowered to adopt the measures necessary for the implementation of Directive 2003/71/EC in order to take account of technical developments in financial markets and ensure the uniform application of that Directive. Those measures are designed to adapt definitions and elaborate upon or supplement the provisions of Directive 2003/71/EC by detailed specification of the form and contents of a prospectus. Since those measures are of general scope and are designed to amend non-essential elements of Directive 2003/71/EC 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.

(5)

Directive 2003/71/EC provides for a time restriction concerning the implementing powers conferred on the Commission. In their statement concerning Decision 2006/512/EC, the European Parliament, the Council and the Commission stated that Decision 2006/512/EC provides a horizontal and satisfactory solution to the European Parliament’s wish to scrutinise the implementation of instruments adopted under the co-decision procedure and that, accordingly, implementing powers should be conferred on the Commission without time limit. The European Parliament and the Council also declared that they would ensure that the proposals aimed at repealing the provisions in the instruments that provide for a time limit on the delegation of implementing powers to the Commission are adopted as rapidly as possible. Following the introduction of the regulatory procedure with scrutiny, the provision establishing that time restriction in Directive 2003/71/EC should be deleted.

(6)

The Commission should, at regular intervals, evaluate the functioning of the provisions concerning the implementing powers conferred on it in order to allow the European Parliament and the Council to determine whether the extent of those powers and the procedural requirements imposed on the Commission are appropriate and ensure both efficiency and democratic accountability.

(7)

Directive 2003/71/EC should therefore be amended accordingly.

(8)

Since the amendments made to Directive 2003/71/EC by this Directive are technical in nature and concern committee procedure only, they do not need to be transposed by the Member States. It is therefore not necessary to lay down provisions to that effect,

1.

Articles 2(4), 4(3), 5(5), 7(1), 8(4), 11(3), 13(7), 14(8) and 15(7) shall be amended as follows:

2.

Article 20(3) shall be replaced by the following:

3.

Article 24 shall be amended as follows:

(1)

Directive 2006/66/EC of the European Parliament and of the Council (3) provides that certain measures are to be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (4).

(2)

Decision 1999/468/EC has been amended by Decision 2006/512/EC, which introduced the regulatory procedure with scrutiny for the adoption of measures of general scope and designed to amend non-essential elements of a basic instrument adopted in accordance with the procedure referred to in Article 251 of the Treaty, inter alia, by deleting some of those elements or by supplementing the instrument with new non-essential elements.

(3)

In accordance with the statement by the European Parliament, the Council and the Commission (5) concerning Decision 2006/512/EC, for the regulatory procedure with scrutiny to be applicable to instruments adopted in accordance with the procedure referred to in Article 251 of the Treaty which are already in force, those instruments must be adjusted in accordance with the applicable procedures.

(4)

The Commission should be empowered to adapt Annex III and to adopt and revise detailed rules for exports and for the labelling of batteries and accumulators. Since those measures are of general scope and are designed to amend non-essential elements of Directive 2006/66/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.

(5)

Directive 2006/66/EC should therefore be amended accordingly.

(6)

Since the amendments made to Directive 2006/66/EC by this Directive are technical in nature and concern committee procedure only, they do not need to be transposed by the Member States. It is therefore not necessary to lay down provisions to that effect,

1.

Article 10(4) shall be replaced by the following:

2.

the first sentence of Article 12(6) shall be replaced by the following:

3.

Article 15(3) shall be replaced by the following:

4.

Article 17 shall be replaced by the following:

5.

Article 21 shall be amended as follows:

6.

Article 24(3) shall be replaced by the following:

(1)

Community policies on better regulation stress the importance of simplification of national and Community legislation as a crucial element in improving the competitiveness of enterprises and achieving the objectives of the Lisbon Agenda.

(2)

The method of conformity assessment provided for by Council Directive 84/539/EEC (3) is no longer necessary for the purposes of the internal market and trade with third countries.

(3)

The functioning of the internal market and the protection of users and animals can be better ensured by other Community legislation.

(4)

Directive 84/539/EEC should therefore be repealed.

(5)

The repeal of Directive 84/539/EEC entails that after 31 December 2008 the specimen mark of conformity of Annex III to that Directive will no longer be used and that the corresponding national implementing measures have to be repealed accordingly,

(1)

Council Directive 85/611/EEC (3) provides that certain measures are to be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (4).

(2)

Decision 1999/468/EC has been amended by Decision 2006/512/EC, which introduced the regulatory procedure with scrutiny for the adoption of measures of general scope and designed to amend non-essential elements of a basic instrument adopted in accordance with the procedure referred to in Article 251 of the Treaty, inter alia, by deleting some of those elements or by supplementing the instrument with new non-essential elements.

(3)

In accordance with the statement by the European Parliament, the Council and the Commission (5) concerning Decision 2006/512/EC, for the regulatory procedure with scrutiny to be applicable to instruments adopted in accordance with the procedure referred to in Article 251 of the Treaty which are already in force, those instruments must be adjusted in accordance with the applicable procedures.

(4)

The Commission should be empowered to adopt the measures necessary for the implementation of Directive 85/611/EEC by adopting technical amendments clarifying the definitions so as to ensure the uniform application of that Directive throughout the Community, and aligning terminology and framing definitions in accordance with subsequent acts on UCITS and related matters. Since those measures are of general scope and are designed to amend non-essential elements of Directive 85/611/EEC, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC.

(5)

Directive 85/611/EEC should therefore be amended accordingly.

(6)

Since the amendments made to Directive 85/611/EEC by this Directive are technical in nature and concern committee procedure only, they do not need to be transposed by the Member States. It is therefore not necessary to lay down provisions to that effect,

(1)

Directive 2002/83/EC of the European Parliament and of the Council (3) provides that certain measures are to be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (4).

(2)

Decision 1999/468/EC has been amended by Decision 2006/512/EC, which introduced the regulatory procedure with scrutiny for the adoption of measures of general scope and designed to amend non-essential elements of a basic instrument adopted in accordance with the procedure referred to in Article 251 of the Treaty, inter alia, by deleting some of those elements or by supplementing the instrument with new non-essential elements.

(3)

In accordance with the statement by the European Parliament, the Council and the Commission (5) concerning Decision 2006/512/EC, for the regulatory procedure with scrutiny to be applicable to instruments adopted in accordance with the procedure referred to in Article 251 of the Treaty which are already in force, those instruments must be adjusted in accordance with the applicable procedures.

(4)

The Commission should be empowered to adopt the measures necessary for the implementation of Directive 2002/83/EC in order to take account of technical developments in the insurance sector or on financial markets and to ensure uniform application of that Directive. Those measures are designed to adjust the elements eligible for the available solvency margin; extend the list of legal forms; amend the list of classes of insurance or adapt the terminology used in that list; clarify or adjust the items constituting the solvency margin; amend the list of assets acceptable as cover for technical provisions and the rules on the spreading of investments; change the relaxations in the matching rules; clarify definitions; and make the necessary technical adjustments to the rules for setting the maxima applicable to interest rates. Since those measures are of general scope and are designed to amend non-essential elements of Directive 2002/83/EC, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC.

(5)

Directive 2002/83/EC should therefore be amended accordingly.

(6)

Since the amendments made to Directive 2002/83/EC by this Directive are technical in nature and concern committee procedure only, they do not need to be transposed by the Member States. It is therefore not necessary to lay down provisions to that effect,

1.

in Article 64, the introductory wording shall be replaced by the following:

‘The following technical adjustments, designed to amend non-essential elements of this Directive, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 65(2):’;

2.

Article 65 shall be amended as follows:

(1)

Directive 2005/60/EC (4) provides that certain measures are to be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (5).

(2)

Decision 1999/468/EC has been amended by Decision 2006/512/EC, which introduced the regulatory procedure with scrutiny for the adoption of measures of general scope and designed to amend non-essential elements of a basic instrument adopted in accordance with the procedure referred to in Article 251 of the Treaty, inter alia by deleting some of those elements or by supplementing the instrument with new non-essential elements.

(3)

In accordance with the statement by the European Parliament, the Council and the Commission (6) concerning Decision 2006/512/EC, for the regulatory procedure with scrutiny to be applicable to instruments adopted in accordance with the procedure referred to in Article 251 of the Treaty which are already in force, those instruments must be adjusted in accordance with the applicable procedures.

(4)

The Commission should be empowered to adopt the measures necessary for the implementation of Directive 2005/60/EC in order to take account of technical developments in the fight against money laundering and terrorist financing and to ensure uniform application of that Directive. More particularly, those measures are designed to clarify the technical aspects of some of the definitions provided for under Directive 2005/60/EC, to establish technical criteria for assessing whether situations present a low or high risk of money laundering or terrorist financing, whether or not it is justified to apply that Directive to persons carrying out a financial activity on an occasional or very limited basis, and to adapt the amounts provided for in that Directive, taking account of economic developments and changes in international standards. Since those measures are of general scope and are designed to amend non-essential elements of Directive 2005/60/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.

(5)

Directive 2005/60/EC provides for a time restriction concerning the implementing powers conferred on the Commission. In their statement concerning Decision 2006/512/EC, the European Parliament, the Council and the Commission stated that Decision 2006/512/EC provides a horizontal and satisfactory solution to the European Parliament’s wish to scrutinise the implementation of instruments adopted under the co-decision procedure and that, accordingly, implementing powers should be conferred on the Commission without time limit. The European Parliament and the Council also declared that they would make sure that the proposals aimed at repealing the provisions in the instruments that provide for a time limit on the delegation of implementing powers to the Commission are adopted as rapidly as possible. Following the introduction of the regulatory procedure with scrutiny, the provision establishing that time restriction in Directive 2005/60/EC should be deleted.

(6)

The Commission should, at regular intervals, evaluate the functioning of the provisions concerning the implementing powers conferred on it in order to allow the European Parliament and the Council to determine whether the extent of those powers and the procedural requirements imposed on the Commission are appropriate and ensure both efficiency and democratic accountability.

(7)

Directive 2005/60/EC should therefore be amended accordingly.

(8)

Since the amendments made to Directive 2005/60/EC by this Directive are technical in nature and concern committee procedure only, they do not need to be transposed by the Member States. It is therefore not necessary to lay down provisions to that effect,

1.

Article 40(1) shall be amended as follows:

2.

Article 40(3) shall be amended as follows:

3.

Article 41 shall be amended as follows:

(1)

Council Directive 91/675/EEC (3) provides that certain measures are to be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (4).

(2)

Decision 1999/468/EC has been amended by Decision 2006/512/EC, which introduced the regulatory procedure with scrutiny for the adoption of measures of general scope and designed to amend non-essential elements of a basic instrument adopted in accordance with the procedure referred to in Article 251 of the Treaty, inter alia by deleting some of those elements or by supplementing the instrument with new non-essential elements.

(3)

In accordance with the statement by the European Parliament, the Council and the Commission (5) concerning Decision 2006/512/EC, for the regulatory procedure with scrutiny to be applicable to instruments adopted in accordance with the procedure referred to in Article 251 of the Treaty which are already in force, those instruments must be adjusted in accordance with the applicable procedures.

(4)

The measures necessary for the implementation of directives in the field of direct non-life insurance and direct life insurance, reinsurance and occupational pensions should be adopted in accordance with Decision 1999/468/EC. When those measures are of general scope and are designed to amend non-essential elements of such directives, inter alia by supplementing them 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.

(5)

Directive 91/675/EEC should therefore be amended accordingly.

(6)

Since the amendments made to Directive 91/675/EEC by this Directive are technical in nature and concern committee procedure only, they do not need to be transposed by the Member States. It is therefore not necessary to lay down provisions to that effect,

1.

Article 2 shall be replaced by the following:

(*1)   OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision 2006/512/EC (OJ L 200, 22.7.2006, p. 11).’;"

2.

the following article shall be inserted:

(1)

Directive 2004/109/EC (4) of the European Parliament and of the Council provides that certain measures are to be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (5).

(2)

Decision 1999/468/EC has been amended by Decision 2006/512/EC which introduced the regulatory procedure with scrutiny for the adoption of measures of general scope and designed to amend non-essential elements of a basic instrument adopted in accordance with the procedure referred to in Article 251 of the Treaty, inter alia, by deleting some of those elements or by supplementing the instrument with new non-essential elements.

(3)

In accordance with the statement by the European Parliament, the Council and the Commission (6) concerning Decision 2006/512/EC, for the regulatory procedure with scrutiny to be applicable to instruments adopted in accordance with the procedure referred to in Article 251 of the Treaty which are already in force, those instruments must be adjusted in accordance with the applicable procedures.

(4)

The Commission should be empowered to adopt the measures necessary for the implementation of Directive 2004/109/EC in order to clarify the technical aspects of some of the definitions provided under that Directive, notably the maximum length of the usual short settlement cycle, the calendar of trading days, the circumstances under which a person should have learnt of the acquisition or disposal of voting rights, the conditions of independence to be respected by market makers and management companies; take account of technical developments in financial markets; clarify the nature of the auditor’s review, to define the minimum content of the condensed set of solo financial statements; elaborate further the procedures for the notification and disclosure of major holdings as well as the procedures for filing regulated information with the competent authority of the issuer’s home Member State; and define minimum standards for the dissemination of regulated information and for the setting up of storage mechanisms. Since those measures are of general scope and are designed to amend non-essential elements of Directive 2004/109/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.

(5)

Directive 2004/109/EC provides for a time restriction concerning the implementing powers conferred on the Commission. In their statement concerning Decision 2006/512/EC, the European Parliament, the Council and the Commission stated that Decision 2006/512/EC provides a horizontal and satisfactory solution to the European Parliament’s wish to scrutinise the implementation of instruments adopted under the co-decision procedure and that, accordingly, implementing powers should be conferred on the Commission without time limit. The European Parliament and the Council also declared that they would ensure that the proposals aimed at repealing the provisions in the instruments that provide for a time limit on the delegation of implementing powers to the Commission are adopted as rapidly as possible. Following the introduction of the regulatory procedure with scrutiny, the provision establishing that time restriction in Directive 2004/109/EC should be deleted.

(6)

The Commission should, at regular intervals, evaluate the functioning of the provisions concerning the implementing powers conferred on it in order to allow the European Parliament and the Council to determine whether the extent of those powers and the procedural requirements imposed on the Commission are appropriate and ensure both efficiency and democratic accountability.

(7)

Directive 2004/109/EC should therefore be amended accordingly.

(8)

Since the amendments made to Directive 2004/109/EC by this Directive are technical in nature and concern committee procedure only, they do not need to be transposed by the Member States. It is therefore not necessary to lay down provisions to that effect,

1.

Article 2(3) shall be replaced by the following:

(*1)   OJ L 204, 21.7.1998, p. 37. Directive as last amended by Council Directive 2006/96/EC (OJ L 363, 20.12.2006, p. 81).’;"

2.

Article 5(6) shall be amended as follows:

3.

Article 9(7) shall be replaced by the following:

4.

Article 12(8) shall be amended as follows:

5.

Article 13(2) shall be amended as follows:

6.

Articles 14(2), 17(4) and 18(5) shall each be amended as follows:

7.

Article 19(4) shall be amended as follows:

8.

Article 21(4) shall be amended as follows:

9.

Article 23 shall be amended as follows:

10.

Article 27 shall be amended as follows:

(1)

Directive 2006/49/EC (4) of the European Parliament and of the Council provides that certain measures are to be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (5).

(2)

Decision 1999/468/EC has been amended by Decision 2006/512/EC, which introduced the regulatory procedure with scrutiny for the adoption of measures of general scope and designed to amend non-essential elements of a basic instrument adopted in accordance with the procedure referred to in Article 251 of the Treaty, inter alia, by deleting some of those elements or by supplementing the instrument with new non-essential elements.

(3)

In accordance with the statement by the European Parliament, the Council and the Commission (6) concerning Decision 2006/512/EC, for the regulatory procedure with scrutiny to be applicable to instruments adopted in accordance with the procedure referred to in Article 251 of the Treaty which are already in force, those instruments must be adjusted in accordance with the applicable procedures.

(4)

The Commission should be empowered to adopt the measures necessary for the implementation of Directive 2006/49/EC in order to take account, inter alia, of technical developments of financial markets and to ensure the uniform application of that Directive. Those measures are designed to clarify definitions, to adjust the provisions of that Directive through technical adaptations related to the determination of own funds, the organisation, calculation and evaluation of risks and exposures, and to the categories of investment firms which are subject to that Directive. Since those measures are of general scope and are designed to amend non-essential elements of Directive 2006/49/EC, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC.

(5)

Directive 2006/49/EC provides for a time restriction concerning the implementing powers conferred on the Commission. In their statement concerning Decision 2006/512/EC, the European Parliament, the Council and the Commission stated that Decision 2006/512/EC provides a horizontal and satisfactory solution to the European Parliament’s wish to scrutinise the implementation of instruments adopted under the co-decision procedure and that, accordingly, implementing powers should be conferred on the Commission without time limit. The European Parliament and the Council also declared that they would ensure that the proposals aimed at repealing the provisions in the instruments that provide for a time limit on the delegation of implementing powers to the Commission are adopted as rapidly as possible. Following the introduction of the regulatory procedure with scrutiny, the provision establishing that time restriction in Directive 2006/49/EC should be deleted.

(6)

The Commission should, at regular intervals, evaluate the functioning of the provisions concerning the implementing powers conferred on it in order to allow the European Parliament and the Council to determine whether the extent of those powers and the procedural requirements imposed on the Commission are appropriate and ensure both efficiency and democratic accountability.

(7)

Directive 2006/49/EC should therefore be amended accordingly.

(8)

Since the amendments made to Directive 2006/49/EC by this Directive are technical in nature and concern committee procedure only, they do not need to be transposed by the Member States. It is therefore not necessary to lay down provisions to that effect,

1.

Article 41 shall be amended as follows:

2.

Article 42 shall be amended as follows:

(1)

Article 9 of Directive 64/432/EEC provides that a Member State, which has a compulsory national control programme for one of the contagious diseases listed in Annex E(II) to that Directive, may submit its programme to the Commission for approval. That Article also provides for the definition of the additional guarantees which may be required in intra-Community trade.

(2)

Commission Decision 2004/558/EC of 15 July 2004 implementing Council Directive 64/432/EEC as regards additional guarantees for intra-Community trade in bovine animals relating to infectious bovine rhinotracheitis and the approval of the eradication programmes presented by certain Member States (2) approves the programmes for the control and eradication of the infection with the bovine herpesvirus type 1 (BHV1) presented by the Member States listed in Annex I to that Decision for the regions listed in that Annex, and for which additional guarantees for BHV1 apply in accordance with Article 9 of Directive 64/432/EEC.

(3)

The Czech Republic has now submitted the programme with the aim of eradicating BHV1 infection in the whole territory of that Member State. That programme complies with the criteria set out in Article 9(1) of Directive 64/432/EEC. That programme also provides for rules for the national movement of bovine animals which are equivalent to those previously implemented in certain Member States or regions thereof, which were successful in eradicating the disease in those Member States or regions.

(4)

The programme presented by the Czech Republic and the additional guarantees presented in accordance with Article 9 of Directive 64/432/EEC, should be approved.

(5)

Annex I to Decision 2004/558/EC should therefore be amended accordingly.

(6)

The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,

(1)

Annex D to Directive 64/432/EEC provides that a Member State or part of a Member State may, as regards bovine herds, be considered officially enzootic-bovine-leukosis-free subject to compliance with certain conditions set out in that Directive.

(2)

The lists of regions of Member States declared free of enzootic bovine leukosis are set out in Commission Decision 2003/467/EC of 23 June 2003 establishing the official tuberculosis, brucellosis and enzootic-bovine-leukosis-free status of certain Member States and regions of Member States as regards bovine herds (2).

(3)

Poland has now submitted to the Commission documentation demonstrating compliance with the appropriate conditions provided for in Directive 64/432/EEC as regards 14 administrative regions (powiaty) within the superior administrative units (Voivodships) of Kujawsko-Pomorskie, Łódzkie and Małopolskie, in order that those regions be considered officially enzootic-bovine-leukosis-free regions of Poland.

(4)

Following the evaluation of that documentation, those regions (powiaty) in Poland should be recognised as officially enzootic-bovine-leukosis-free regions of that Member State.

(5)

Decision 2003/467/EC should therefore be amended accordingly.

(6)

The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,