# EUR-Lex - 52012PC0724 - EN

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# 52012PC0724

**Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending certain legislative acts in the domain of agricultural and fishery statistics /* COM/2012/0724 final - 2012/0343 (COD) */**

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EXPLANATORY MEMORANDUM

1.           CONTEXT
OF THE PROPOSAL

The Treaty on the Functioning of the
European Union (TFEU) makes a distinction between (a) the powers delegated to
the Commission to adopt non-legislative acts of general application to
supplement or amend certain non-essential elements of the legislative act as
laid down in Article 290(1) of the TFEU (delegated acts), and (b) the powers
conferred upon the Commission to adopt uniform conditions for implementing
legally binding Union acts as laid down in Article 291(2) of the TFEU
(implementing acts).

The Commission has committed itself[1], with regard to Regulation (EU) No 182/2011 of the European
Parliament and of the Council of 16 February 2011 laying down the rules and
general principles concerning mechanisms for control by Member States of the
Commission’s exercise of implementing powers[2], to reviewing legislative acts which currently contain
references to the regulatory procedure with scrutiny in the light of the
criteria laid down in the Treaty.

The overall objective is by the end of
Parliament's seventh term (June 2014), to remove all provisions referring to
the regulatory procedure with scrutiny from all legislative instruments.

The aim of this proposal is to modify nine
legislative acts in the domain of agricultural and fishery statistics in order
to align them with the new institutional context.

For the sake of completeness, the list of
instruments to be aligned is:

(1)
Council Directive 96/16/EC of 19 March 1996 on
statistical surveys of milk and milk products[3];

(2)
Regulation (EC) No 138/2004 of the European
Parliament and of the Council of 5 December 2003 on the economic accounts for
agriculture in the Community[4];

(3)
Regulation (EC) No 1921/2006 of the
European Parliament and of the Council of 18 December 2006 on the submission of
statistical data on landings of fishery products in Member States and repealing
Council Regulation (EEC) No 1382/91[5];

(4)
Regulation (EC) No 762/2008 of the European
Parliament and of the Council of 9 July 2008 on the submission by Member
States of statistics on aquaculture and repealing Council Regulation (EC)
No 788/96[6];

(5)
Regulation (EC) No 1165/2008 of the European
Parliament and of the Council of 19 November 2008
concerning livestock and meat statistics and repealing Council Directives
93/23/EEC, 93/24/EEC and 93/25/EEC[7];

(6)
Regulation (EC) No 216/2009 of the European
Parliament and of the Council of 11 March 2009 on the
submission of nominal catch statistics by Member States fishing in certain
areas other than those of the North Atlantic (recast)[8];

(7)
Regulation (EC) No 217/2009 of the European
Parliament and of the Council of 11 March 2009 on the
submission of catch and activity statistics by Member States fishing in the
north-west Atlantic (recast)[9];

(8)
Regulation (EC) No 218/2009 of the European
Parliament and of the Council of 11 March 2009 on the submission of nominal
catch statistics by Member States fishing in the north-east Atlantic (recast)[10];

(9)
Regulation (EC) No 543/2009 of the European
Parliament and of the Council of 18 June 2009 concerning crop statistics and
repealing Council Regulations (EEC) No 837/90 and (EEC) No 959/93[11].

2.           RESULTS
OF CONSULTATIONS WITH THE INTERESTED PARTIES AND IMPACT ASSESSMENTS

There was no need for consultation of
interested parties or for impact assessment.

3.           LEGAL
ELEMENTS OF THE PROPOSAL

· Summary of the proposed action

The objective of this proposal is to modify
nine legislative acts in the domain of agricultural and fishery statistics in
order to align them to the new institutional context.

In particular, the aim is to identify what powers
the Commission has and establish the appropriate procedure for adopting measures
on the basis of these powers.

· Streamlining of the European Statistical System

Regulation (EC) No 223/2009 of the European
Parliament and of the Council of 11 March 2009 on European statistics[12] defined the European Statistical System (ESS) as a partnership between the
European statistical authority, which is the Commission (Eurostat), and the
national statistical institutes (NSIs) and other national authorities
responsible in each Member States for the development, production and
dissemination of European statistics.

The European Statistical System Committee (ESSC), established by Article 7 of
Regulation (EC) No 223/2009, is regarded as the umbrella
committee within the ESS. It assists the Commission in exercising of its
implementing powers in certain statistical domains. These exclude agricultural and fishery statistics where
the Commission is assisted by the Standing Committee for
Agricultural Statistics (SCAS)[13].

The Commission is proposing a new ESS
structure aimed at improving coordination and partnership in a clear pyramid
structure within the ESS, with the ESSC as highest strategic body. One aspect of
this streamlining is to concentrate comitology powers in the hands of the ESSC.
In February 2012[14],
the ESSC supported this new approach.

The suggestion is therefore to modify the
nine legislative acts in order to replace the reference to the SCAS by a
reference to the ESSC.

· Legal basis

Article 338 (1) of the Treaty on the
Functioning of the European Union.

· Choice of instrument

Regulation of the European Parliament and
of the Council.

4.           BUDGETARY
IMPLICATION

The proposal has no implications for the EU
budget.

5.           OPTIONAL ELEMENTS

None

2012/0343 (COD)

Proposal for a

REGULATION OF THE EUROPEAN PARLIAMENT
AND OF THE COUNCIL

amending certain legislative acts in the
domain of agricultural and fishery statistics

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE
COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the
Functioning of the European Union, and in particular Article 338(1) thereof,

Having regard to the proposal from the
European Commission,

After transmission of the draft legislative
act to the national Parliaments,

Acting in accordance with the ordinary
legislative procedure,

Whereas:

(1)       As a consequence of the
entry into force of the Treaty on the Functioning of the European Union (TFEU),
the powers conferred upon the Commission need to be aligned to Articles 290 and
291 of the TFEU.

(2)       The Commission has
committed itself[15],
with regard to Regulation (EU)
No 182/2011 of the European Parliament and of the Council of 16 February 2011
laying down the rules and general principles concerning mechanisms for control
by Member States of the Commission’s exercise of implementing powers[16], to reviewing legislative acts which currently contain
references to the regulatory procedure with scrutiny in the light of the
criteria laid down in the Treaty.

(3)       The Commission should have
the power to adopt delegated acts under Article 290 of the TFEU in order to
supplement or amend certain non-essential elements of the legislative acts,
notably to take account of economic, social and technical developments. The
Commission should ensure that these delegated acts do not impose a significant
additional administrative burden on the Member States or on the respondent
units.

(4)       Legislative
acts in the field of agricultural and fishery statistics, referred to in
recitals 5-13, contain references to the regulatory
procedure with scrutiny and should therefore be reviewed in the light of the
criteria laid down in the Treaty.

(5)       As regards Council
Directive 96/16/EC of 19 March 1996 on statistical surveys of milk and milk
products[17],
in order to take account of experience acquired and of economic evolution, the
power to adopt acts in accordance with Article 290 of the Treaty on the
Functioning of the European Union should be delegated to the Commission in
respect of the definition of agricultural holdings, the list of milk products
covered by the surveys and the standard definitions to be used when
communicating the results for the various products.

(6)       As regards Regulation (EC)
No 138/2004 of the European Parliament and of the Council of 5 December 2003 on
the economic accounts for agriculture in the Community[18], in order to take account of economic, social and technical developments, the power to adopt acts in accordance with Article 290 of the
Treaty on the Functioning of the European Union should be delegated to the
Commission in respect of updating of Annexes I and II to that Regulation.

(7)       As regards Regulation (EC)
No 1921/2006 of the European Parliament and of the Council of 18 December
2006 on the submission of statistical data on landings of fishery products in
Member States and repealing Council Regulation (EEC) No 1382/91[19], in order to take account of technical developments,
the power to adopt acts in accordance with Article 290 of the Treaty on the
Functioning of the European Union should be delegated to the Commission in
respect of technical adaptation of the Annexes
to that Regulation.

(8)       As regards Regulation (EC)
No 762/2008 of the European Parliament and of the Council of 9 July 2008
on the submission by Member States of statistics on aquaculture and repealing
Council Regulation (EC) No 788/96[20],
in order to take account of technical
developments, the power to adopt acts in accordance
with Article 290 of the Treaty on the Functioning of the European Union should
be delegated to the Commission in respect of technical
changes to the Annexes to that Regulation.

(9)       As regards Regulation (EC)
No 1165/2008 of the European Parliament and of the Council of 19 November 2008
concerning livestock and meat statistics and repealing Council Directives 93/23/EEC,
93/24/EEC and 93/25/EEC[21],
in order to take account of technical
developments, the power to adopt acts in accordance
with Article 290 of the Treaty on the Functioning of the European Union should
be delegated to the Commission in respect of modifications
of Annexes I, II, IV and V to that Regulation.

(10)     As regards Regulation (EC)
No 216/2009 of the European Parliament and of the Council of 11 March 2009 on
the submission of nominal catch statistics by Member States fishing in certain
areas other than those of the North Atlantic[22],
in order to take account of technical progress and international requirements, the power to adopt acts in accordance with Article 290 of the
Treaty on the Functioning of the European Union should be delegated to the
Commission in respect of amendments of Annexes I, II,
III and IV.

(11)     As regards Regulation (EC)
No 217/2009 of the European Parliament and of the Council of 11 March 2009 on
the submission of catch and activity statistics by Member States fishing in the
north-west Atlantic[23],
in order to take account of technical progress and international requirements, the power to adopt acts in accordance with Article 290 of the
Treaty on the Functioning of the European Union should be delegated to the
Commission in respect of amendments to the lists of species and statistical
fishing regions and the descriptions of those regions, as well as the measures,
codes and definitions applied to fishing activity, fishing gear, vessel sizes
and methods of fishing.

(12)     As regards Regulation (EC)
No 218/2009 of the European Parliament and of the Council of 11 March 2009 on
the submission of nominal catch statistics by Member States fishing in the
north-east Atlantic[24],
in order to take account of technical progress and international requirements, the power to adopt acts in accordance with Article 290 of the
Treaty on the Functioning of the European Union should be delegated to the
Commission in respect of amendments to the lists of
species and statistical fishing regions, the descriptions of those fishing
regions and the permitted degree of aggregation of data.

(13)     As regards Regulation (EC)
No 543/2009 of the European Parliament and of the Council of 18 June 2009
concerning crop statistics and repealing Council Regulations (EEC) No 837/90
and (EEC) No 959/93[25],
in order to take account of economic
and technical developments, the power to adopt acts in
accordance with Article 290 of the Treaty on the Functioning of the European
Union should be delegated to the Commission in respect of adaptation of the transmission
tables as set out in the Annex.

(14)     It is particularly important
for the Commission to carry out appropriate consultations during its
preparatory work, including at expert level. When preparing and drawing- up
delegated acts, the Commission should ensure the simultaneous, timely and
appropriate transmission of relevant documents to the European Parliament and to
the Council.

(15)     The Standing
Committee for Agricultural Statistics (SCAS) set up by Council
Decision 72/279/EEC of 31 July
1972[26] provides advice to and assists the Commission in exercising of its
implementing powers under the
legislative acts referred to in recitals 5-13.

(16)     Under the strategy for a
new European Statistical System (ESS) structure, aimed at improving coordination and partnership in a
clear pyramid structure within the ESS, the European Statistical System Committee (ESSC), established by Regulation (EC) No 223/2009 of the European Parliament and of the Council of 11 March 2009 on
European statistics[27],
should have an advisory role and assist the Commission
in the exercising its implementing powers.

(17)     To that effect, the legislative acts referred
to in recitals 5-13 should be modified, with the reference to the SCAS being
replaced by a reference to the ESSC.

(18)     In accordance with the
principle of proportionality, it is necessary and appropriate for the
achievement of the basic objective of the alignment of the powers conferred
upon the Commission to Articles 290 and 291 of the TFEU to lay down rules on such
alignment in the domain of agricultural and fishery statistics. This Regulation
does not go beyond what is necessary in order to achieve that objective, in
accordance with Article 5(4) of the Treaty on the European Union.

(19)     In order to ensure legal certainty,
it is necessary that the procedures for the adoption of measures which have
been initiated but not completed before the entry into force of this Regulation
are not affected by this Regulation.

(20)     Since the amendments made
to Council Directive 96/16/EC concern committee procedure only, that Directive does
not need to be transposed by Member States,

HAVE ADOPTED THIS REGULATION:

Article 1

The legislative acts listed in the Annex are amended in accordance
with t this same Annex.

Article 2

This Regulation shall not affect the
procedures for the adoption of measures provided for in the legislative acts in
the Annex which have been initiated but not completed before the entry into
force of this Regulation.

Article 3

This Regulation shall enter into force on
the twentieth day following that of its publication in the Official Journal
of the European Union.

This Regulation shall be binding
in its entirety and directly applicable in all Member States.

Done at Brussels,

For the European Parliament                       For
the Council

The
President                                                 The President

ANNEX

1.
Council Directive 96/16/EC of 19 March
1996 on statistical surveys of milk and milk products[28].

Directive 96/16/EC is amended as follows:

(1)          In Article 1, point 2 is replaced
by the following:

'2. shall carry out
annual surveys of the production of milk and its use among agricultural
holdings. The Commission shall be
empowered to adopt delegated acts in accordance with Article 6a concerning the definition
of agricultural holdings.'

(2)          In Article 3, paragraphs 2 and 3
are replaced by the following:

'2. The Commission shall be empowered to adopt delegated acts in
accordance with Article 6a concerning the list of milk products covered by the
surveys and to draw up standard definitions to be used when communicating the
results for the various products.'

(3)          The following Article 6a is
inserted:

'Article
6a

1.         The power to adopt delegated
acts is conferred on the Commission subject to the conditions laid down in this
Article.

2. When exercising the powers delegated in
Article 1(2) and Article 3(2), the Commission shall ensure that the delegated
acts do not impose a significant additional administrative burden on the Member
States and on the respondents.

3.         The power to adopt delegated
acts referred to in Article 1(2) and Article 3(2) shall be conferred on the
Commission for an indeterminate period of time from (Publications office: please
insert the exact date of the entry into force of the amending Regulation).

4.         The delegation of power referred
to in Article 1(2) and Article 3(2) may be revoked at any time by the European
Parliament or by the Council.

A decision to revoke shall put an end to
the delegation of the power specified in that decision. It shall take effect
the day following the publication of the decision in the Official Journal of
the European Union or at a later date specified therein. It shall not
affect the validity of any delegated acts already in force.

5.         As soon as it adopts a delegated
act, the Commission shall notify it simultaneously to the European Parliament
and to the Council.

6.         A delegated act adopted pursuant
to Article 1(2) or Article 3(2) shall enter into force only if no objection has
been expressed either by the European Parliament or by the Council within a
period of two months of notification of that act to the European Parliament and
the Council or if, before
the expiry of that period, the
European Parliament and the Council have both informed the Commission that they
will not object. That period shall be extended by two
months at the initiative of the European Parliament or of the Council.'

(4)          Article 7 is replaced by the
following:

'Article
7

1.         The Commission shall be assisted
by the European Statistical System Committee established by Regulation (EC) No
223/2009 of the European Parliament and of the Council of 11 March 2009 on
European statistics(*). That committee shall be a committee within the meaning
of Regulation (EU) No 182/2011 of the European Parliament and of the Council of
16 February 2011 laying down the rules and general principles concerning
mechanisms for control by Member States of the Commission’s exercise of
implementing powers(**).

2.         Where reference is made to this
paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.

______________

(*) OJ L 87, 31.3.2009, p. 164.

(**) OJ L 55, 28.2.2011, p. 13.'

2.
Regulation (EC) No 138/2004 of the
European Parliament and of the Council of 5 December 2003 on the economic
accounts for agriculture in the Community[29].

Regulation (EC) No 138/2004 is amended as follows:

(1)        In Article 2, paragraph 2 is replaced
by the following:

'2. The Commission shall be empowered to adopt
delegated acts in accordance with Article 4 in updating the EAA methodology.'

(2)        In Article 3, paragraph 3 is replaced
by the following:

'3. The Commission shall be empowered to
adopt delegated acts in accordance with Article 4 in updating the list of
variables and the time limits for the provision of data set out in Annex II.'

(3)          Article 4 is replaced by the
following:

'Article
4
Exercise of delegated powers

1.         The power to adopt delegated
acts is conferred on the Commission subject to the conditions laid down in this
Article.

2.         When exercising the powers
delegated in Article 2(2) and Article 3(3), the Commission shall ensure that
the delegated acts do not impose a significant additional administrative burden
on the Member States and on the respondents.

3.         The power to adopt delegated
acts referred to in Article 2(2) and Article 3(3) shall be conferred on the
Commission for an indeterminate period of time from (Publications office: please
insert the exact date of the entry into force of the amending Regulation).

4.         The delegation of power referred
to in Article 2(2) and Article 3(3) may be revoked at any time by the European
Parliament or by the Council.

A decision to revoke shall put an end to
the delegation of the power specified in that decision. It shall take effect
the day following the publication of the decision in the Official Journal of
the European Union or at a later date specified therein. It shall not affect
the validity of any delegated acts already in force.

5.         As soon as it adopts a delegated
act, the Commission shall notify it simultaneously to the European Parliament
and to the Council.

6.         A delegated act adopted pursuant
to Article 2(2) or Article 3(3) shall enter into force only if no objection has
been expressed either by the European Parliament or by the Council within a
period of two months of notification of that act to the European Parliament and
the Council or if, before
the expiry of that period, the
European Parliament and the Council have both informed the Commission that they
will not object. That period shall be extended by two
months at the initiative of the European Parliament or of the Council.'

3.
Regulation (EC) No 1921/2006 of the
European Parliament and of the Council of 18 December 2006 on the submission of
statistical data on landings of fishery products in Member States and repealing
Council Regulation (EEC) No 1382/91[30].

Regulation (EC) No 1921/2006 is amended as follows:

(1)        In Article 6, paragraph 2 is
replaced by the following:

'2. The
Commission shall examine the reports and present its conclusions to Member States.'

(2)          Article 9 is replaced by the
following:

'Article 9

Updating of the
Annexes

The Commission shall be empowered to adopt
delegated acts in accordance with Article 10a concerning technical adaptation of the Annexes.'

(3)        The following Article 10a is
inserted:

'Article
10a
Exercise of delegated powers

1.         The power to adopt delegated
acts is conferred on the Commission subject to the conditions laid down in this
Article.

2.         When exercising the power
delegated in Article 9, the Commission shall ensure that the delegated acts do
not impose a significant additional administrative burden on the Member States
and on the respondents.

3.         The power to adopt delegated
acts referred to in Article 9 shall be conferred on the Commission for an
indeterminate period of time from (Publications office: please insert the exact
date of the entry into force of the amending Regulation).

4.         The delegation of power referred
to in Article 9 may be revoked at any time by the European Parliament or by the
Council.

A decision to revoke shall put an end to
the delegation of the power specified in that decision. It shall take effect
the day following the publication of the decision in the Official Journal of
the European Union or at a later date specified therein. It shall not affect
the validity of any delegated acts already in force.

5.         As soon as it adopts a delegated
act, the Commission shall notify it simultaneously to the European Parliament
and to the Council.

6.         A delegated act adopted pursuant
to Article 9 shall enter into force only if no objection has been expressed
either by the European Parliament or by the Council within a period of two
months of notification of that act to the European Parliament and the Council
or if, before the
expiry of that period, the European
Parliament and the Council have both informed the Commission that they will not
object. That period shall be extended by two months at
the initiative of the European Parliament or of the Council.'

(4)          Article 11 is replaced by the
following:

'Article 11

Committee

1.         The Commission shall be assisted
by the European Statistical System Committee established by Regulation (EC) No
223/2009. That committee shall be a committee within the meaning of Regulation
(EU) No 182/2011 of the European Parliament and of the Council of 16 February
2011 laying down the rules and general principles concerning mechanisms for
control by Member States of the Commission’s exercise of implementing powers(*).

2.         Where reference is made to this
paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.

______________

(*) OJ L 55, 28.2.2011, p. 13.'

4.
Regulation (EC) No 762/2008 of the
European Parliament and of the Council of 9 July 2008 on the submission by
Member States of statistics on aquaculture and repealing Council Regulation
(EC) No 788/96[31].

Regulation (EC) No 762/2008 is amended as follows:

(1)        In Article 6, paragraph 3 is
replaced by the following:

'3. The Commission shall examine the
reports and present its conclusions to Member States.'

(2)        In Article 9, paragraph 1 is
replaced by the following:

'1. The Commission
shall be empowered to adopt delegated acts in accordance with Article 9a concerning technical changes to the
Annexes.'

(3)        The following Article 9a is
inserted:

'Article
9a
Exercise of delegated powers

1.         The power to adopt delegated
acts is conferred on the Commission subject to the conditions laid down in this
Article.

2.         When exercising the power
delegated in Article 9(1), the Commission shall ensure that the delegated acts
do not impose a significant additional administrative burden on the Member
States and on the respondents.

3.         The power to adopt delegated
acts referred to in Article 9 shall be conferred on the Commission for an
indeterminate period of time from (Publications office: please insert the exact
date of the entry into force of the amending Regulation).

4.         The delegation of power referred
to in Article 9(1) may be revoked at any time by the European Parliament or by
the Council.

A decision to revoke shall put an end to
the delegation of the power specified in that decision. It shall take effect
the day following the publication of the decision in the Official Journal of
the European Union or at a later date specified therein. It shall not affect
the validity of any delegated acts already in force.

5.         As soon as it adopts a delegated
act, the Commission shall notify it simultaneously to the European Parliament
and to the Council.

6.         A delegated act adopted pursuant
to Article 9(1) shall enter into force only if no objection has been expressed
either by the European Parliament or by the Council within a period of two
months of notification of that act to the European Parliament and the Council
or if, before the
expiry of that period, the European
Parliament and the Council have both informed the Commission that they will not
object. That period shall be extended by two months at
the initiative of the European Parliament or of the Council.'

(4)        Article 10 is replaced by the
following:

'Article 10

Committee

1.         The Commission shall be assisted
by the European Statistical System Committee established by Regulation (EC) No
223/2009. That committee shall be a committee within the meaning of Regulation
(EU) No 182/2011 of the European Parliament and of the Council of 16 February
2011 laying down the rules and general principles concerning mechanisms for
control by Member States of the Commission’s exercise of implementing powers(*).

2.         Where reference is made to this
paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.

______________

(*) OJ L 55, 28.2.2011, p. 13.'

5.
Regulation (EC) No 1165/2008 of the
European Parliament and of the Council of 19
November 2008 concerning livestock and meat statistics and repealing Council
Directives 93/23/EEC, 93/24/EEC and 93/25/EEC[32].

Regulation (EC) No 1165/2008 is amended as follows:

(1)        Article 18 is replaced by the
following:

'Article
18
Updating of the Annexes

The Commission shall be empowered to adopt
delegated acts in accordance with Article 19 concerning modifications of Annexes I, II, IV and V.'

(2)        Article 19 is replaced by the
following:

'Article
19
Exercise of delegated powers

1.         The power to adopt delegated
acts is conferred on the Commission subject to the conditions laid down in this
Article.

2.         When exercising the power
delegated in Article 18, the Commission shall ensure that the delegated acts do
not impose a significant additional administrative burden on the Member States
and on the respondents.

3.         The power to adopt delegated
acts referred to in Article 18 shall be conferred on the Commission for an
indeterminate period of time from (Publications office: please insert the exact
date of the entry into force of the amending Regulation).

4.         The delegation of power referred
to in Article 18 may be revoked at any time by the European Parliament or by
the Council.

A decision to revoke shall put an end to
the delegation of the power specified in that decision. It shall take effect
the day following the publication of the decision in the Official Journal of
the European Union or at a later date specified therein. It shall not affect
the validity of any delegated acts already in force.

5.         As soon as it adopts a delegated
act, the Commission shall notify it simultaneously to the European Parliament
and to the Council.

6.         A delegated act adopted pursuant
to Article 18 shall enter into force only if no objection has been expressed
either by the European Parliament or by the Council within a period of two
months of notification of that act to the European Parliament and the Council
or if, before the
expiry of that period, the European
Parliament and the Council have both informed the Commission that they will not
object. That period shall be extended by two months at
the initiative of the European Parliament or of the Council.'

6.
Regulation (EC) No 216/2009 of the
European Parliament and of the Council of 11
March 2009 on the submission of nominal catch statistics by Member States
fishing in certain areas other than those of the North Atlantic[33].

Regulation (EC) No 216/2009 is amended as follows:

(1)        In Article 2, paragraph 5 is
replaced by the following:

'5. The Commission
shall be empowered to adopt delegated acts in accordance with Article 5 when amending the lists of statistical
fishing areas, or subdivisions thereof, and species.'

(2)        Article 5 is replaced by the
following:

'Article
5

1.         The power to adopt delegated
acts is conferred on the Commission subject to the conditions laid down in this
Article.

2.         When exercising the power
delegated in Article 2(5), the Commission shall ensure that the delegated acts
do not impose a significant additional administrative burden on the Member
States and on the respondents.

3.         The power to adopt delegated
acts referred to in Article 2(5) shall be conferred on the Commission for an
indeterminate period of time from (Publications office: please insert the exact
date of the entry into force of the amending Regulation).

4.         The delegation of power referred
to in Article 2(5) may be revoked at any time by the European Parliament or by
the Council.

A decision to revoke shall put an end to
the delegation of the power specified in that decision. It shall take effect
the day following the publication of the decision in the Official Journal of
the European Union or at a later date specified therein. It shall not affect
the validity of any delegated acts already in force.

5.         As soon as it adopts a delegated
act, the Commission shall notify it simultaneously to the European Parliament
and to the Council.

6.         A delegated act adopted pursuant
to Article 2(5) shall enter into force only if no objection has been expressed
either by the European Parliament or by the Council within a period of two
months of notification of that act to the European Parliament and the Council
or if, before the
expiry of that period, the European
Parliament and the Council have both informed the Commission that they will not
object. That period shall be extended by two months at
the initiative of the European Parliament or of the Council.'

(3)        Article 6 is replaced by follows:

'Article
6

1. By 14 November 1996 Member States shall submit a
detailed report to the Commission describing how the data on catches are
derived and specifying the degree of representativeness and reliability of
those data. The Commission shall draw up a summary of
those reports for discussion with Member States

2. Member States shall inform the Commission
of any modifications to the information provided under paragraph 1 within three
months of their introduction.

3. Methodological reports, data availability
and data reliability and other relevant issues connected with the application
of this Regulation shall be examined once a year with Member States.'

7.
Regulation (EC) No 217/2009 of the
European Parliament and of the Council of 11
March 2009 on the submission of catch and activity statistics by Member States
fishing in the north-west Atlantic[34].

Regulation (EC) No 217/2009 is amended as follows:

(1)        In Article 2, paragraph 4 is
replaced by the following:

'4. The Commission
shall be empowered to adopt delegated acts in accordance with Article 6 when amending the lists of species and statistical fishing regions
and the descriptions of those regions, as well as the measures, codes and
definitions applied to fishing activity, fishing gear, vessel sizes and methods
of fishing.'

(2)        Article 6 is replaced by the
following:

'Article
6

1.         The power to adopt delegated
acts is conferred on the Commission subject to the conditions laid down in this
Article.

2.         When exercising the power
delegated in Article 2(4), the Commission shall ensure that the delegated acts
do not impose a significant additional administrative burden on the Member
States and on the respondents.

3.         The power to adopt delegated
acts referred to in Article 2(4) shall be conferred on the Commission for an
indeterminate period of time from (Publications office: please insert the exact
date of the entry into force of the amending Regulation).

4.         The delegation of power referred
to in Article 2(4) may be revoked at any time by the European Parliament or by
the Council.

A decision to revoke shall put an end to
the delegation of the power specified in that decision. It shall take effect
the day following the publication of the decision in the Official Journal of
the European Union or at a later date specified therein. It shall not affect
the validity of any delegated acts already in force.

5.         As soon as it adopts a delegated
act, the Commission shall notify it simultaneously to the European Parliament
and to the Council.

6.         A delegated act adopted pursuant
to Article 2(4) shall enter into force only if no objection has been expressed
either by the European Parliament or by the Council within a period of two
months of notification of that act to the European Parliament and the Council
or if, before the
expiry of that period, the European
Parliament and the Council have both informed the Commission that they will not
object. That period shall be extended by two months at
the initiative of the European Parliament or of the Council.'

(3)        In Article 7, paragraph 3 is
replaced by the following:

'3. Methodological reports, data availability and
data reliability and other relevant issues connected with the application of
this Regulation shall be examined once a year with Member States.'

8.
Regulation (EC) No 218/2009 of the
European Parliament and of the Council of 11
March 2009 on the submission of nominal catch statistics by Member States
fishing in the north-east Atlantic[35].

Regulation (EC) No 218/2009 is amended as follows:

(1)        In Article 2, paragraph 3 is
replaced by the following:

'3. The Commission
shall be empowered to adopt delegated acts in accordance with Article 5 when amending the lists of species and
statistical fishing regions, the descriptions of those fishing regions and the
permitted degree of aggregation of data.'

(2)        Article 5 is replaced by the
following:

'Article
5

1.         The power to adopt delegated
acts is conferred on the Commission subject to the conditions laid down in this
Article.

2.         When exercising the power
delegated in Article 2(3), the Commission shall ensure that the delegated acts
do not impose a significant additional administrative burden on the Member
States and on the respondents.

3.         The power to adopt delegated
acts referred to in Article 2(3) shall be conferred on the Commission for an
indeterminate period of time from (Publications office: please insert the exact
date of the entry into force of the amending Regulation).

4.         The delegation of power referred
to in Article 2(3) may be revoked at any time by the European Parliament or by
the Council.

A decision to revoke shall put an end to
the delegation of the power specified in that decision. It shall take effect
the day following the publication of the decision in the Official Journal of
the European Union or at a later date specified therein. It shall not affect
the validity of any delegated acts already in force.

5.         As soon as it adopts a delegated
act, the Commission shall notify it simultaneously to the European Parliament
and to the Council.

6.         A delegated act adopted pursuant
to Article 2(3) shall enter into force only if no objection has been expressed
either by the European Parliament or by the Council within a period of two
months of notification of that act to the European Parliament and the Council
or if, before the
expiry of that period, the European
Parliament and the Council have both informed the Commission that they will not
object. That period shall be extended by two months at
the initiative of the European Parliament or of the Council.'

(3)        In Article 6, paragraph 3 is
replaced by the following:

'3. Methodological reports, data availability
and data reliability and other relevant issues connected with the application
of this Regulation shall be examined once a year with Member States.'

9.
Regulation (EC) No 543/2009 of the
European Parliament and of the Council of 18
June 2009 concerning crop statistics and repealing Council Regulations (EEC) No
837/90 and (EEC) No 959/93[36].

Regulation (EC) No 543/2009 is amended as follows:

(1)        In Article 6, paragraph 2 is
replaced by the following:

'2. The Commission
shall be empowered to adopt delegated acts in accordance with Article 8a when adapting the transmission tables as set out in the Annex.'

(2)        The following Article 8a is
inserted:

'Article
8a
Exercise of delegated powers

1.         The power to adopt delegated
acts is conferred on the Commission subject to the conditions laid down in this
Article.

2.         When exercising the power
delegated in Article 6(2), the Commission shall ensure that the delegated acts
do not impose a significant additional administrative burden on the Member
States and on the respondents.

3.         The power to adopt delegated
acts referred to in Article 6(2) shall be conferred on the Commission for an
indeterminate period of time from (Publications office: please insert the exact
date of the entry into force of the amending Regulation).

4.         The delegation of power referred
to in Article 6(2) may be revoked at any time by the European Parliament or by
the Council.

A decision to revoke shall put an end to
the delegation of the power specified in that decision. It shall take effect
the day following the publication of the decision in the Official Journal of
the European Union or at a later date specified therein. It shall not affect
the validity of any delegated acts already in force.

5.         As soon as it adopts a delegated
act, the Commission shall notify it simultaneously to the European Parliament
and to the Council.

6.         A delegated act adopted pursuant
to Article 6(2) shall enter into force only if no objection has been expressed
either by the European Parliament or by the Council within a period of two months
of notification of that act to the European Parliament and the Council or if, before the expiry of
that period, the European
Parliament and the Council have both informed the Commission that they will not
object. That period shall be extended by two months at
the initiative of the European Parliament or of the Council.'

(3)        Article 9 is replaced by the
following:

'Article 9

Committee procedure

1.         The Commission shall be assisted
by the European Statistical System Committee established by Regulation (EC) No
223/2009 of the European Parliament and of the Council of 11 March 2009 on
European statistics(*). That committee shall be a committee within the meaning
of Regulation (EU) No 182/2011 of the European Parliament and of the Council of
16 February 2011 laying down the rules and general principles concerning
mechanisms for control by Member States of the Commission’s exercise of
implementing powers(**).

2.         Where
reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011
shall apply.

______________

(*) OJ L 87, 31.3.2009, p. 164.

(**) OJ L 55, 28.2.2011, p. 13.'

[1]               OJ L 55, 28.2.2011, p. 19.

[2]               OJ L 55, 28.2.2011,
p. 13.

[3]               OJ L 78, 28.3.1996, p. 27.

[4]               OJ L 33, 5.2.2004, p. 1.

[5]               OJ L 403, 30.12.2006, p. 1.

[6]               OJ L 218, 13.8.2008, p. 1.

[7]               OJ L 321, 1.12.2008, p. 1.

[8]               OJ L 87, 31.3.2009, p. 1.

[9]               OJ L 87, 31.3.2009, p. 42.

[10]             OJ L 87, 31.3.2009, p. 70.

[11]             OJ L 167, 29.6.2009, p. 1.

[12]             OJ L 87, 31.3.2009, p. 164.

[13]             OJ L 179, 7.8.1972, p. 1 (Council Decision 72/279/EEC of 31 July 1972 setting up a Standing
Committee for Agricultural Statistics).

[14]             12th meeting of the ESSC, 12 February 2012.

[15]             OJ L 55, 28.2.2011, p. 19.

[16]             OJ L 55, 28.2.2011,
p. 13.

[17]             OJ L 78, 28.3.1996, p.27.

[18]             OJ L 33, 5.2.2004, p. 1.

[19]             OJ L 403, 30.12.2006, p. 1.

[20]             OJ L 218, 13.8.2008, p. 1.

[21]             OJ L 321, 1.12.2008, p. 1.

[22]             OJ L 87, 31.3.2009, p. 1.

[23]             OJ L 87, 31.3.2009, p.42.

[24]             OJ L 87, 31.3.2009, p.70.

[25]             OJ L 167, 29.6.2009, p.1.

[26]             OJ L 179, 7.8.1972, p.1.

[27]             JO L 87, 31.3.2009, p.164.

[28]             OJ L 78, 28.3.1996, p. 27.

[29]             OJ L 33, 5.2.2004, p. 1.

[30]             OJ L 403, 30.12.2006, p. 1.

[31]             OJ L 218, 13.8.2008, p. 1.

[32]             OJ L 321, 1.12.2008, p. 1.

[33]             OJ L 87, 31.3.2009, p. 1.

[34]             OJ L 87, 31.3.2009, p. 42.

[35]             OJ L 87, 31.3.2009, p. 70.

[36]             OJ L 167, 29.6.2009, p. 1.