31.3.2009 Official Journal of the European Union L 87/157 REGULATION (EC) No 221/2009 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 11 March 2009 amending Regulation (EC) No 2150/2002 on waste statistics, as regards the implementing powers conferred on the Commission (Text with EEA relevance) THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Commu- nity, and in particular Article 285(1) thereof, Having regard to the proposal from the Commission, Having consulted the European Economic and Social Committee, Acting in accordance with the procedure laid down in Article 251 of the Treaty (}), Whereas: 1 Regulation (EC) No 2150/2002 (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 (3). Decision 1999/468/EC has been amended by Deci- sion 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 supplement- ing the instrument with new non-essential elements. In accordance with the statement by the European Parliament, the Council and the Commission (°) on 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. The Commission should be empowered to define the proper quality evaluation criteria and the contents of the quality reports, to implement the results of the pilot studies and to adapt the contents of the annexes. Since those measures are of general scope and seek to amend non- Opinion of the European Parliament of 23 September 2008 (not yet published in the Official Journal) and Council Decision of 26 February 2009. OJ L 332, 9.12.2002, p. 1. OJ L 184,17.7.1999, p. 23. OJ L 200, 22.7.2006, p. 11. O] C 255, 21.10.2006, p. 1. essential elements of Regulation (EC) No 2150/2002, 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. Regulation (EC) No 2150/2002 should therefore be amended accordingly, HAVE ADOPTED THIS REGULATION: Article 1 Regulation (EC) No 2150/2002 is amended as follows: 1. Article 1(5) shall be replaced by the following: ‘5. The Commission shall establish a table of equivalence between the statistical nomenclature of Annex III to this Regulation and the list of waste established by Deci- sion 2000/532/EC (*). This measure, designed to amend non-essential elements of this Regulation, by supplement- ing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 7(3) of this Regulation. () O] L 226, 6.9.2000, p. 3.; Article 3(1) shall be replaced by the following: ‘1. Member States shall, whilst complying with conditions as to quality and accuracy to be defined in accordance with the second subparagraph, acquire the data necessary for the specification of the characteristics listed in Annexes I and II by means of: — surveys, — administrative or other sources, such as the reporting obligations under Community legislation on waste management, — statistical estimation procedures on the basis of samples or waste-related estimators, or — a combination of these means.