L 97/60 Official Journal of the European Union 9.4.2008 REGULATION (EC) No 296/2008 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 11 March 2008 amending Regulation (EC) No 562/2006 establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code), 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 62(1) and (2)(a) thereof, Having regard to the proposal from the Commission, Having regard to the opinion of the Committee of the Regions, Acting in accordance with the procedure laid down in Article 251 of the Treaty (1), Whereas: (1) Regulation (EC) No 562/2006 of the European Parliament and of the Council (3 provides that certain measures should 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 (3). (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. (4)  The Commission should be empowered to adopt certain practical measures governing border surveillance and to amend certain annexes. Since those measures are of gen- eral scope and are designed to amend non-essential ele- ments of Regulation (EC) No 562/2006, inter alia, by supplementing it with new non-essential elements, they must be adopted in accordance with the regulatory proce- dure with scrutiny provided for in Article 5a of Decision 1999/468[EC. (') Opinion of the European Parliament of 14 November 2007 (not yet published in the Official Journal) and Council Decision of 3 March 2008. () OJ L 105, 13.4.2006, p. 1. () 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. (5)  Regulation (EC) No 562/2006 provides for a period of sus- pension as regards the implementing powers conferred on the Commission. In their statement concerning Decision 2006/512/EC, the European Parliament, the Council and the Commission stated that Decision 2006/512/EC pro- vides a horizontal and satisfactory solution to the Euro- pean Parliament’s wish to scrutinise the implementation of instruments adopted under the co-decision procedure and that, accordingly, implementing powers should be con- ferred on the Commission without time-limit. The Euro- pean Parliament and the Council also declared that they would make sure that the proposals aimed at repealing the provisions in the instruments that provide for a time-limit on the delegation of implementing powers to the Commis- sion are adopted as rapidly as possible. Following the intro- duction of the regulatory procedure with scrutiny, the provision that provides for that period of suspension in Regulation (EC) No 562/2006 should be deleted. (6)  Regulation (EC) No 562/2006 should therefore be amended accordingly. (7)  Inaccordance with Articles 1 and 2 of the Protocol on the position of Denmark annexed to the Treaty on European Union and the Treaty establishing the European Commu- nity, Denmark is not taking part in the adoption of this Regulation and is not bound by it or subject to its appli- cation. Given that this Regulation builds upon the Schen- gen acquis under the provisions of Title IV of Part Three of the Treaty establishing the European Community, Den- mark should, in accordance with Article 5 of the said Pro- tocol, decide within a period of six months after the date of adoption of this Regulation whether it will implement it in its national law. (8)  Asregards Iceland and Norway, this Regulation constitutes a development of provisions of the Schengen acquis within the meaning of the Agreement concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning the latters’ association with the implementation, application and development of the Schengen acquis (°), which fall within the area referred to in Article 1, point A of Council Decision 1999/437EC (%) on certain arrangements for the applica- tion of that Agreement. (5) OJ L 176, 10.7.1999, p. 36. () OJL 176, 10.7.1999, p. 31.