L97/64 Official Journal of the European Union 9.4.2008 REGULATION (EC) No 298/2008 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 11 March 2008 amending Regulation (EC) No 1829/2003 on genetically modified food and feed, as regards the implementing powers conferred on the Commission THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EURO- PEAN UNION, Having regard to the Treaty establishing the European Commu- nity, and in particular Articles 37, 95 and 152, paragraph 4, point (b) thereof, Having regard to the proposal from the Commission, Having regard to the opinion of the European Economic and Social Committee (1), After consulting the Committee of the Regions, Acting in accordance with the procedure laid down in Article 251 of the Treaty (?), Whereas: (1) Regulation (EC) No 1829/2003 of the European Parlia- ment and of the Council () provides that certain measures are to be adopted in accordance with Council Decision 1999/468EC of 28 June 1999 laying down the proce- dures for the exercise of implementing powers conferred on the Commission (). (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 delet- ing some of those elements or by supplementing the instrument with new non-essential elements. (3)  In accordance with the statement by the European Parlia- ment, the Council and the Commission (°) concerning Decision 2006/512/EC, for the regulatory procedure with scrutiny to be applicable to instruments adopted in accor- dance 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. (1) O] C 161, 13.7.2007, p. 45. (%) Opinion of the European Parliament of 29 November 2007 (not yet published in the Official Journal) and Council Decision of 3 March 2008. (}) OJ L 268, 18.10.2003, p. 1. Regulation as amended by Commission Regulation (EC) No 19812006 (O] L 368, 23.12.2006, p. 99). () OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision 2006/512/EC (O] L 200, 22.7.2006, p. 11). (%) OJ C 255, 21.10.2006, p. 1. (4)  The Commission should be empowered to define whether a type of food or feed falls within the scope of Regulation (EC) No 1829/2003, to lower the thresholds for the label- ling of the adventitious and technically unavoidable pres- ence of material which contains, consists of or is produced from genetically modified organisms and for the adventi- tious or technically unavoidable presence of genetically modified material which has benefited from a favourable risk assessment in food and feed, and to adopt measures regarding certain labelling and information requirements incumbent on operators and mass caterers. Since those measures are of general scope and are designed to amend non-essential elements of Regulation (EC) No 1829/2003, inter alia, by supplementing it with new non-essential ele- ments, they must be adopted in accordance with the regu- latory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC. (5)  Regulation (EC) No 1829/2003 should therefore be amended accordingly, HAVE ADOPTED THIS REGULATION: Article 1 Amendments Regulation (EC) No 1829/2003 is hereby amended as follows: 1. Article 3(2) shall be replaced by the following: 2. Where necessary, measures designed to amend non- essential elements of this Regulation by supplementing it and determining whether a type of food falls within the scope of this Section shall be adopted in accordance with the regula- tory procedure with scrutiny referred to in Article 35(3).; 2. Article 12(4) shall be replaced by the following: ‘4. Measures designed to amend non-essential elements of this Regulation by supplementing it and establishing appro- priate lower thresholds, in particular in respect of foods con- taining or consisting of GMOs, or taking account of advances in science and technology shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 35(3).;