9.4.2008 Official Journal of the European Union L9767 REGULATION (EC) No 299/2008 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 11 March 2008 amending Regulation (EC) No 396/2005 on maximum residue levels of pesticides in or on food and feed of plant and animal origin, 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 and 152(4)(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 (2), Whereas: (1) Regulation (EC) No 396/2005 of the European Parliament 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. () 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 70, 16.3.2005, p. 1. Regulation as amended by Commission Regulation (EC) No 178/2006 (O] L 29, 2.2.2006, p. 3). (*) O] L 184, 17.7.1999, p. 23. Decision as amended by Decision 2006/512/EC (O] L 200, 22.7.2006, p. 11). (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. (4)  The Commission should be empowered to define the scope of Regulation (EC) No 396/2005 and the criteria necessary for the establishment of certain maximum residue levels (MRLs) of pesticides in or on food and feed of plant and animal origin listed in its relevant annexes. Since those measures are of general scope and are designed to amend non-essential elements of Regulation (EC) No 396/2005, 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)  On grounds of efficiency and in order to guarantee eco- nomic operators a rapid decision-making process, whilst ensuring a high level of consumer protection, the normal time limits for the regulatory procedure with scrutiny should be curtailed for the adoption of measures setting, including, implementing, modifying or deleting MRLs and establishing a list of active substances for which no MRLs are required, as well as a list of active substance/product combinations where active substances are used as fumi- gant for post-harvest treatment. (6)  When, on imperative grounds of urgency, and in particu- lar where a risk to human or animal health exists, the nor- mal time limits for the regulatory procedure with scrutiny cannot be complied with, the Commission should be able to apply the urgency procedure provided for in Article 5a(6) of Decision 1999/468EC for the adoption of measures setting, including, implementing, modifying or deleting MRLs. (7)  Regulation (EC) No 396/2005 should therefore be amended accordingly, () OJ C 255, 21.10.2006, p. 1.