PURPOSE: to amend Directive 2006/66/EC on batteries and accumulators and waste batteries and accumulators, by introducing a reference to the new regulatory procedure with scrutiny (comitology).

LEGISLATIVE ACT: Directive 2008/12/EC of the European Parliament and of the Council amending Directive 2006/66/EC on batteries and accumulators and waste batteries and accumulators, as regards the implementing powers conferred on the Commission.

CONTENT: Council Decision 1999/468/EC laying down the procedures for the exercise of implementing powers conferred on the Commission (comitology) has been amended by Council Decision 2006/512/EC (see CNS/2002/0298 ).

The amended Decision introduces a new regulatory procedure with scrutiny to be used for measures of general scope which seek to amend non-essential elements of a basic instrument, adopted under the co-decision procedure, including by deleting some of those elements or by supplementing the instrument by the addition of new non-essential elements.

This procedure allows the legislator to oppose the adoption of "quasi-legislative" measures implementing a codecision-based instrument in cases where:

the draft may exceed the implementing powers provided for in the basic instrument; the draft is incompatible with the aim or the content of that instrument; or the draft fails to respect the principles of subsidiarity or proportionality.

In a joint statement, the three institutions agreed on a list of 26 basic instruments already in force to be adjusted without delay in accordance with the new regulatory procedure with scrutiny (see ACI/2006/2152 ). Each case has been assessed on the nature of the implementing powers conferred on the Commission and the specificity of each sector.

The purpose of this Directive, therefore, is to amend Directive 2006/66/EC on batteries and accumulators and waste batteries and accumulators, by introducing a reference to the new regulatory procedure with scrutiny.

ENTRY INTO FORCE: 20 March 2008.

The European Parliament adopted a resolution drafted by Johannes BLOKLAND (IND/DEM, NL) and made an amendment to the proposal for a directive amending Directive 2006/66/EC on batteries and accumulators and waste batteries and accumulators, as regards the implementing powers conferred on the Commission. It stipulated that the regulatory procedure with scrutiny should apply to Article 15(3) regarding exports, since the latter article should be coherent with Article 21(2) on detailed rules for the implementation of the labelling requirements, for which the regulatory procedure with scrutiny has been proposed by the Commission.

The Committee on the Environment, Public Health and Food Safety adopted a report drawn up by Johannes BLOKLAND (IND/DEM, NL) and made an amendment to the proposal for a directive amending Directive 2006/66/EC on batteries and accumulators and waste batteries and accumulators, as regards the implementing powers conferred on the Commission. It stipulated that the regulatory procedure with scrutiny should apply to Article 15(3) regarding exports, since the latter article should be coherent with Article 21(2) on detailed rules for the implementation of the labelling requirements, for which the regulatory procedure with scrutiny has been proposed by the Commission.

PURPOSE: to adjust Directive 2006/66/EC on batteries and accumulators so as to include, when appropriate, references to the new regulatory procedure with scrutiny.

PROPOSED ACT: Directive of the European Parliament and of the Council.

CONTENT: Council Decision 1999/468/EC laying down the procedures for the exercise of implementing powers conferred on the Commission, has been amended by Council Decision 2006/512/EC of 17 July 2006. Article 5a of the amended Decision introduces a new regulatory procedure with scrutiny to be used for measures of general scope which seek to amend non-essential elements of a basic instrument, adopted under co-decision, including by deleting some of those elements or by supplementing the instrument by the addition of new non-essential elements.

Directive 2006/66/EC on batteries and accumulators and waste batteries and accumulators and repealing Directive 91/157/EEC was subject to third reading agreement by the co-legislators just prior to the entry into force of the new comitology decision (see CNS/2002/0298 ) . The Directive entered into force following publication in the Official Journal on 26 September 2006 and needs now to be adjusted so as to include, when appropriate, references to the new regulatory procedure with scrutiny.

PURPOSE: to adjust Directive 2006/66/EC on batteries and accumulators so as to include, when appropriate, references to the new regulatory procedure with scrutiny.

PROPOSED ACT: Directive of the European Parliament and of the Council.

CONTENT: Council Decision 1999/468/EC laying down the procedures for the exercise of implementing powers conferred on the Commission, has been amended by Council Decision 2006/512/EC of 17 July 2006. Article 5a of the amended Decision introduces a new regulatory procedure with scrutiny to be used for measures of general scope which seek to amend non-essential elements of a basic instrument, adopted under co-decision, including by deleting some of those elements or by supplementing the instrument by the addition of new non-essential elements.

Directive 2006/66/EC on batteries and accumulators and waste batteries and accumulators and repealing Directive 91/157/EEC was subject to third reading agreement by the co-legislators just prior to the entry into force of the new comitology decision (see CNS/2002/0298 ) . The Directive entered into force following publication in the Official Journal on 26 September 2006 and needs now to be adjusted so as to include, when appropriate, references to the new regulatory procedure with scrutiny.