21.5.2009 Official Journal of the European Union L 126/5 REGULATION (EC) No 398/2009 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 23 April 2009 amending Council Regulation (EC) No 338/97 on the protection of species of wild fauna and flora by regulating trade therein, 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 Article 175(1) 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 338/97 (3) provides that certain mea- sures are to be adopted in accordance with Council Deci- sion 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers con- ferred on the Commission (4). (2)  Decision 1999/468/EC has been amended by Decision 2006/512/EC (°), which introduced the regulatory proce- dure with scrutiny for the adoption of measures of general scope designed to amend non-essential elements of a basic instrument adopted in accordance with the procedure laid down in Article 251 of the Treaty, inter alia by deleting some of those elements or by supplementing the instru- ment 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 laid down in Article 251 of the Treaty which are already in force, those instruments must be adjusted in accordance with the applicable procedures. (4 In particular, the Commission should be empowered to adopt certain measures regulating trade in species of wild fauna and flora, to adopt certain amendments to the Annexes to Regulation (EC) No 338/97 and to adopt () O] C 211, 19.8.2008, p. 45. (?) Opinion of the European Parliament of 23 September 2008 (not yet published in the Official Journal) and Council Decision of 23 March 2009. () OJ L 61, 3.3.1997, p. 1. () OJ L 184, 17.7.1999, p. 23. (5) OJ L 200, 22.7.2006, p. 11. (6 O] C 255, 21.10.2006, p. 1. additional measures to implement resolutions of the Con- ference of the Parties to the Convention on international trade in endangered species of wild fauna and flora (CITES) (hereinafter referred to as ‘the Convention’), decisions or recommendations of the Standing Committee of the Con- vention and recommendations of the Convention Secre- tariat. Since those measures are of general scope and are designed to amend non-essential elements of Regulation (EC) No 338/97, inter alia by supplementing it with new non-essential elements, they must be adopted in accor- dance with the regulatory procedure with scrutiny pro- vided for in Article 5a of Decision 1999/468/EC. (5)  On grounds of efficiency, the normal time-limits for the regulatory procedure with scrutiny should be curtailed for the adoption of measures amending the Annexes to Regu- lation (EC) No 338/97, in order to comply with the dead- line for entry into force of amendments to the Appendices to the Convention. (6)  Regulation (EC) No 338/97 should therefore be amended accordingly, HAVE ADOPTED THIS REGULATION: Article 1 Amendments Regulation (EC) No 338/97 is hereby amended as follows: 1. Article 4 shall be amended as follows: (a) in paragraph 6, the introductory sentence shall be replaced by the following: ‘6. In consultation with the countries of origin con- cerned, in accordance with the regulatory procedure referred to in Article 18(2) and taking account of any opinion from the Scientific Review Group, the Commis- sion may establish general restrictions, or restrictions relating to certain countries of origin, on the introduc- tion into the Community:’; (b) paragraph 7 shall be replaced by the following: ‘7. Where special cases of transhipment, air transfer or rail transport occur following introduction into the Community, derogations from completion of the checks and presentations of import documents at the border customs office at the point of introduction which are referred to in paragraphs 1 to 4 shall be granted by the Commission in order to permit such checks and presen- tations to be made at another customs office designated in accordance with Article 12(1).