# Official Journal C 358/2016

| | ISSN 1977-091X |
| --- | --- |
| Official Journal
  of the European Union | C 358 |
| | |
| English edition | Information and Notices | Volume 5929 September 2016 |

ISSN 1977-091X

Official Journal

of the European Union

C 358

English edition

Information and Notices

Volume 5929 September 2016

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| Notice No | Contents | page |
| --- | --- | --- |
| | III   Preparatory Acts |
| | COUNCIL |
| 2016/C 358/01 | Position (EU) No 15/2016 of the Council at first reading with a view to the adoption of a Regulation of the European Parliament and of the Council amending Regulation (EC) No 91/2003 on rail transport statistics, as regards the collection of data on goods, passengers and accidents Adopted by the Council on 18 July 2016 | 1 |
| 2016/C 358/02 | Statement of the Council's reasons: Position (EU) No 15/2016 of the Council at first reading with a view to the adoption of a Regulation of the European Parliament and of the Council amending Regulation (EC) No 91/2003 on rail transport statistics, as regards the collection of data on goods, passengers and accidents | 8 |

Notice No

Contents

page

III   Preparatory Acts

COUNCIL

2016/C 358/01

Position (EU) No 15/2016 of the Council at first reading with a view to the adoption of a Regulation of the European Parliament and of the Council amending Regulation (EC) No 91/2003 on rail transport statistics, as regards the collection of data on goods, passengers and accidents Adopted by the Council on 18 July 2016

1

2016/C 358/02

Statement of the Council's reasons: Position (EU) No 15/2016 of the Council at first reading with a view to the adoption of a Regulation of the European Parliament and of the Council amending Regulation (EC) No 91/2003 on rail transport statistics, as regards the collection of data on goods, passengers and accidents

8

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| EN | |
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EN

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III Preparatory Acts

COUNCIL

| 29.9.2016 | EN | Official Journal of the European Union | C 358/1 |
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29.9.2016

EN

Official Journal of the European Union

C 358/1

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POSITION (EU) No 15/2016 OF THE COUNCIL AT FIRST READING

with a view to the adoption of a Regulation of the European Parliament and of the Council amending Regulation (EC) No 91/2003 on rail transport statistics, as regards the collection of data on goods, passengers and accidents

Adopted by the Council on 18 July 2016

(2016/C 358/01)

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 (1),

Whereas:

| (1) | Regulation (EC) No 91/2003 of the European Parliament and of the Council (2) establishes a common framework for producing, transmitting, evaluating and disseminating comparable rail transport statistics in the Union. |
| --- | --- |

(1)

Regulation (EC) No 91/2003 of the European Parliament and of the Council (2) establishes a common framework for producing, transmitting, evaluating and disseminating comparable rail transport statistics in the Union.

| (2) | Statistics on the transport of goods and passengers by rail are necessary to enable the Commission to monitor and develop the common transport policy, as well as the transport elements of policies relating to the regions and to trans-European networks. |
| --- | --- |

(2)

Statistics on the transport of goods and passengers by rail are necessary to enable the Commission to monitor and develop the common transport policy, as well as the transport elements of policies relating to the regions and to trans-European networks.

| (3) | Statistics on rail safety are also necessary to enable the Commission to prepare and monitor Union action in the field of transport safety. The European Rail Agency collects data on accidents under Annex I to Directive 2004/49/EC of the European Parliament and of the Council (3) as regards common safety indicators and common methods of calculating accident costs. |
| --- | --- |

(3)

Statistics on rail safety are also necessary to enable the Commission to prepare and monitor Union action in the field of transport safety. The European Rail Agency collects data on accidents under Annex I to Directive 2004/49/EC of the European Parliament and of the Council (3) as regards common safety indicators and common methods of calculating accident costs.

| (4) | It is important to avoid duplication of work and to optimise the use of existing information that is capable of being used for statistical purposes. To that end, and with a view to providing easily accessible and useful information to Union citizens and other stakeholders on rail transport safety and interoperability of the rail system, including the rail infrastructure, appropriate cooperation agreements on statistical activities should be established between the Commission's services and relevant entities, including at international level. |
| --- | --- |

(4)

It is important to avoid duplication of work and to optimise the use of existing information that is capable of being used for statistical purposes. To that end, and with a view to providing easily accessible and useful information to Union citizens and other stakeholders on rail transport safety and interoperability of the rail system, including the rail infrastructure, appropriate cooperation agreements on statistical activities should be established between the Commission's services and relevant entities, including at international level.

| (5) | Most Member States transmitting passenger data to the Commission (Eurostat) under Regulation (EC) No 91/2003 have regularly provided the same data for both the provisional and final datasets. |
| --- | --- |

(5)

Most Member States transmitting passenger data to the Commission (Eurostat) under Regulation (EC) No 91/2003 have regularly provided the same data for both the provisional and final datasets.

| (6) | A balance should be struck between the needs of the users and the burden on respondents when producing European statistics. |
| --- | --- |

(6)

A balance should be struck between the needs of the users and the burden on respondents when producing European statistics.

| (7) | Within its Working Group and Task Force on rail transport statistics, Eurostat has conducted a technical analysis of the existing data on rail transport statistics collected pursuant to relevant binding Union legal acts and of the dissemination policy, in order to simplify as much as possible the various activities necessary for producing statistics, while ensuring that the final output remains in line with the present and future needs of users. |
| --- | --- |

(7)

Within its Working Group and Task Force on rail transport statistics, Eurostat has conducted a technical analysis of the existing data on rail transport statistics collected pursuant to relevant binding Union legal acts and of the dissemination policy, in order to simplify as much as possible the various activities necessary for producing statistics, while ensuring that the final output remains in line with the present and future needs of users.

| (8) | In its report to the European Parliament and to the Council on its experience acquired in applying Regulation (EC) No 91/2003, the Commission referred to the fact that long-term developments will probably result in the suppression or the simplification of the data already collected under that Regulation, and that the aim is to reduce the data transmission period for annual data on rail passengers. The Commission should continue to provide reports at regular intervals on the implementation of that Regulation. |
| --- | --- |

(8)

In its report to the European Parliament and to the Council on its experience acquired in applying Regulation (EC) No 91/2003, the Commission referred to the fact that long-term developments will probably result in the suppression or the simplification of the data already collected under that Regulation, and that the aim is to reduce the data transmission period for annual data on rail passengers. The Commission should continue to provide reports at regular intervals on the implementation of that Regulation.

| (9) | Regulation (EC) No 91/2003 confers powers on the Commission to implement some of its provisions. As a consequence of the entry into force of the Treaty on the Functioning of the European Union (‘the Treaty’), the powers conferred on the Commission under that Regulation need to be aligned with Articles 290 and 291 of the Treaty. |
| --- | --- |

(9)

Regulation (EC) No 91/2003 confers powers on the Commission to implement some of its provisions. As a consequence of the entry into force of the Treaty on the Functioning of the European Union (‘the Treaty’), the powers conferred on the Commission under that Regulation need to be aligned with Articles 290 and 291 of the Treaty.

| (10) | In order to reflect new developments in the Member States while, at the same time, maintaining the harmonised collection of rail transport data across the Union, and with a view to maintaining the high quality of the data transmitted by the Member States, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of amending Regulation (EC) No 91/2003 to adapt the technical definitions and to provide for additional technical definitions. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making (4). In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. |
| --- | --- |

(10)

In order to reflect new developments in the Member States while, at the same time, maintaining the harmonised collection of rail transport data across the Union, and with a view to maintaining the high quality of the data transmitted by the Member States, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of amending Regulation (EC) No 91/2003 to adapt the technical definitions and to provide for additional technical definitions. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making (4). In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.

| (11) | The Commission should ensure that those delegated acts do not impose a significant additional burden on the Member States or on the respondents. |
| --- | --- |

(11)

The Commission should ensure that those delegated acts do not impose a significant additional burden on the Member States or on the respondents.

| (12) | In order to ensure uniform conditions for implementation of Regulation (EC) No 91/2003, implementing powers should be conferred on the Commission as regards the specification of the information to be supplied for the reports on the quality and comparability of the results, and the arrangements for the dissemination of those results by the Commission (Eurostat). Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council (5). |
| --- | --- |

(12)

In order to ensure uniform conditions for implementation of Regulation (EC) No 91/2003, implementing powers should be conferred on the Commission as regards the specification of the information to be supplied for the reports on the quality and comparability of the results, and the arrangements for the dissemination of those results by the Commission (Eurostat). Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council (5).

| (13) | The European Statistical System Committee has been consulted. |
| --- | --- |

(13)

The European Statistical System Committee has been consulted.

| (14) | Regulation (EC) No 91/2003 should therefore be amended accordingly, |
| --- | --- |

(14)

Regulation (EC) No 91/2003 should therefore be amended accordingly,

HAVE ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 91/2003 is amended as follows:

| (1) | Article 3 is amended as follows:






  (a) | in paragraph 1, points 24-30 are deleted; |
| --- | --- | --- |

(1)

Article 3 is amended as follows:

(a)

in paragraph 1, points 24-30 are deleted;

| (b) | paragraph 2 is replaced by the following:
  ‘2.   The Commission is empowered to adopt delegated acts in accordance with Article 10 concerning the amendment of the present Article to adapt the technical definitions set out in points 8 to 10 and 21 to 23 of paragraph 1 and to provide for additional technical definitions, when needed to take into account new developments which require a certain level of technical detail to be defined in order to ensure the harmonisation of statistics.
  When exercising that power the Commission shall ensure that the delegated acts do not impose a significant additional burden on the Member States or on the respondents. Furthermore, the Commission shall duly justify the statistical actions for which those delegated acts provide, using, where appropriate, cost-effectiveness analysis, including an assessment of the burden on respondents and of the production costs, as referred to in point (c) of Article 14(3) of Regulation (EC) No 223/2009 of the European Parliament and of the Council (*).

  (*)  Regulation (EC) No 223/2009 of the European Parliament and of the Council of 11 March 2009 on European statistics and repealing Regulation (EC, Euratom) No 1101/2008 of the European Parliament and of the Council on the transmission of data subject to statistical confidentiality to the Statistical Office of the European Communities, Council Regulation (EC) No 322/97 on Community Statistics, and Council Decision 89/382/EEC, Euratom establishing a Committee on the Statistical Programmes of the European Communities (OJ L 87, 31.3.2009, p. 164).’." |
| --- | --- |

(b)

paragraph 2 is replaced by the following:

‘2.   The Commission is empowered to adopt delegated acts in accordance with Article 10 concerning the amendment of the present Article to adapt the technical definitions set out in points 8 to 10 and 21 to 23 of paragraph 1 and to provide for additional technical definitions, when needed to take into account new developments which require a certain level of technical detail to be defined in order to ensure the harmonisation of statistics.

When exercising that power the Commission shall ensure that the delegated acts do not impose a significant additional burden on the Member States or on the respondents. Furthermore, the Commission shall duly justify the statistical actions for which those delegated acts provide, using, where appropriate, cost-effectiveness analysis, including an assessment of the burden on respondents and of the production costs, as referred to in point (c) of Article 14(3) of Regulation (EC) No 223/2009 of the European Parliament and of the Council (*).

(*)  Regulation (EC) No 223/2009 of the European Parliament and of the Council of 11 March 2009 on European statistics and repealing Regulation (EC, Euratom) No 1101/2008 of the European Parliament and of the Council on the transmission of data subject to statistical confidentiality to the Statistical Office of the European Communities, Council Regulation (EC) No 322/97 on Community Statistics, and Council Decision 89/382/EEC, Euratom establishing a Committee on the Statistical Programmes of the European Communities (OJ L 87, 31.3.2009, p. 164).’."

| (2) | Article 4 is amended as follows:






  (a) | in paragraph 1, points (b), (d) and (h) are deleted; |
| --- | --- | --- |

(2)

Article 4 is amended as follows:

(a)

in paragraph 1, points (b), (d) and (h) are deleted;

| (b) | paragraph 2 is replaced by the following:
  ‘2.   Member States shall report under Annexes A and C data for undertakings that have:






  (a) | a total volume of goods transport of at least 200 000 000 tonne-km or at least 500 000 tonnes; |
| --- | --- | --- |

(b)

paragraph 2 is replaced by the following:

‘2.   Member States shall report under Annexes A and C data for undertakings that have:

(a)

a total volume of goods transport of at least 200 000 000 tonne-km or at least 500 000 tonnes;

| (b) | a total volume of passenger transport of at least 100 000 000 passenger-km. |
| --- | --- |

(b)

a total volume of passenger transport of at least 100 000 000 passenger-km.

Reporting under Annexes A and C shall be optional in respect of undertakings falling below the thresholds referred to in points (a) and (b).’;

| (c) | paragraph 3 is replaced by the following:
  ‘3.   Member States shall report under Annex L the total data for undertakings falling below the thresholds referred to in paragraph 2 if those data are not reported under Annexes A and C, as specified in Annex L.’. |
| --- | --- |

(c)

paragraph 3 is replaced by the following:

‘3.   Member States shall report under Annex L the total data for undertakings falling below the thresholds referred to in paragraph 2 if those data are not reported under Annexes A and C, as specified in Annex L.’.

| (3) | In Article 5 (2), point (b) is replaced by the following:






  ‘(b) | administrative data, including data collected by regulatory authorities, in particular the rail freight waybill if one is available’. |
| --- | --- | --- |

(3)

In Article 5 (2), point (b) is replaced by the following:

‘(b)

administrative data, including data collected by regulatory authorities, in particular the rail freight waybill if one is available’.

| (4) | Article 7 is replaced by the following:
  ‘Article 7
  Dissemination
  Statistics based on the data specified in Annexes A, C, E, F, G and L shall be disseminated by the Commission (Eurostat).
  The Commission shall adopt implementing acts laying down the arrangements for the dissemination of results. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 11(2).’. |
| --- | --- |

(4)

Article 7 is replaced by the following:

‘Article 7

Dissemination

Statistics based on the data specified in Annexes A, C, E, F, G and L shall be disseminated by the Commission (Eurostat).

The Commission shall adopt implementing acts laying down the arrangements for the dissemination of results. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 11(2).’.

| (5) | Article 8 is amended as follows:






  (a) | the following paragraph is inserted:
  ‘1a.   Member States shall take all measures necessary to ensure the quality of the data transmitted.’; |
| --- | --- | --- |

(5)

Article 8 is amended as follows:

(a)

the following paragraph is inserted:

‘1a.   Member States shall take all measures necessary to ensure the quality of the data transmitted.’;

| (b) | the following paragraphs are added:
  ‘3.   For the purposes of this Regulation, the quality criteria to be applied to the data to be transmitted are those referred to in Article 12(1) of Regulation (EC) No 223/2009.
  4.   The Commission shall adopt implementing acts specifying the detailed arrangements, structure, periodicity and comparability elements for the standard quality reports.
  Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 11(2).’. |
| --- | --- |

(b)

the following paragraphs are added:

‘3.   For the purposes of this Regulation, the quality criteria to be applied to the data to be transmitted are those referred to in Article 12(1) of Regulation (EC) No 223/2009.

4.   The Commission shall adopt implementing acts specifying the detailed arrangements, structure, periodicity and comparability elements for the standard quality reports.

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 11(2).’.

| (6) | Article 9 is replaced by the following:
  ‘Article 9
  Reports on implementation
  By 31 December 2020 and every four years thereafter, the Commission, after consulting the European Statistical System Committee, shall submit a report to the European Parliament and to the Council on the implementation of this Regulation and on future developments.
  In that report, the Commission shall take account of relevant information provided by Member States relating to the quality of the data transmitted, the data collection methods used and information on potential improvements and on users' needs.
  In particular, that report shall:






  (a) | assess the benefits, accruing to the Union, the Member States and the providers and users of statistical information, of the statistics produced, in relation to their costs; |
| --- | --- | --- |

(6)

Article 9 is replaced by the following:

‘Article 9

Reports on implementation

By 31 December 2020 and every four years thereafter, the Commission, after consulting the European Statistical System Committee, shall submit a report to the European Parliament and to the Council on the implementation of this Regulation and on future developments.

In that report, the Commission shall take account of relevant information provided by Member States relating to the quality of the data transmitted, the data collection methods used and information on potential improvements and on users' needs.

In particular, that report shall:

(a)

assess the benefits, accruing to the Union, the Member States and the providers and users of statistical information, of the statistics produced, in relation to their costs;

| (b) | assess the quality of the data transmitted, the data collection methods used and the quality of the statistics produced.’. |
| --- | --- |

(b)

assess the quality of the data transmitted, the data collection methods used and the quality of the statistics produced.’.

| (7) | Article 10 is replaced by the following:
  ‘Article 10
  Exercise of the delegation
  1.   The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.
  2.   The power to adopt delegated acts referred to in Article 3(2) shall be conferred on the Commission for a period of five years from ... [date of the entry into force of this amending Regulation]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.
  3.   The delegation of power referred to in 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.
  4.   Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making.
  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 3(2) shall enter into force only if no objection has been expressed either by the European Parliament or 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.’. |
| --- | --- |

(7)

Article 10 is replaced by the following:

‘Article 10

Exercise of the delegation

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

2.   The power to adopt delegated acts referred to in Article 3(2) shall be conferred on the Commission for a period of five years from ... [date of the entry into force of this amending Regulation]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

3.   The delegation of power referred to in 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.

4.   Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making.

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 3(2) shall enter into force only if no objection has been expressed either by the European Parliament or 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.’.

| (8) | Article 11 is replaced by the following:
  ‘Article 11
  Committee procedure
  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 (**).
  2.   Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.

  (**)  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 the Member States of the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).’." |
| --- | --- |

(8)

Article 11 is replaced by the following:

‘Article 11

Committee procedure

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 (**).

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

(**)  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 the Member States of the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).’."

| (9) | Article 12 is deleted. |
| --- | --- |

(9)

Article 12 is deleted.

| (10) | Annexes B, D, H and I are deleted. |
| --- | --- |

(10)

Annexes B, D, H and I are deleted.

| (11) | Annex C is replaced by the text appearing in Annex I to this Regulation. |
| --- | --- |

(11)

Annex C is replaced by the text appearing in Annex I to this Regulation.

| (12) | Annex L, as set out in Annex II to this Regulation, is added. |
| --- | --- |

(12)

Annex L, as set out in Annex II to this Regulation, is added.

Article 2

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 ...,

For the European Parliament

The President

For the Council

The President

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(1)  Position of the European Parliament of 11 March 2014 (not yet published in the Official Journal) and position of the Council at first reading of 18 July 2016. Position of the European Parliament of ... (not yet published in the Official Journal).

1

(2)  Regulation (EC) No 91/2003 of the European Parliament and of the Council of 16 December 2002 on rail transport statistics (OJ L 14, 21.1.2003, p. 1).

2

(3)  Directive 2004/49/EC of the European Parliament and of the Council of 29 April 2004 on safety on the Community's railways and amending Council Directive 95/18/EC on the licensing of railway undertakings and Directive 2001/14/EC on the allocation of railway infrastructure capacity and the levying of charges for the use of railway infrastructure and safety certification (Railway Safety Directive) (OJ L 164, 30.4.2004, p. 44).

3

(4)  OJ L 123, 12.5.2016, p. 1.

4

(5)  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 (OJ L 55, 28.2.2011, p. 13).

5

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ANNEX I

‘ANNEX C

ANNUAL STATISTICS ON PASSENGER TRANSPORT — DETAILED REPORTING

| List of variables and units of measurement | Passengers transported in:






  — | number of passengers |
| --- | --- | --- |

List of variables and units of measurement

Passengers transported in:

—

number of passengers

| — | passenger-km |
| --- | --- |

—

passenger-km

Passenger train movements in:

| — | train-km |
| --- | --- |

—

train-km

Reference period

One year

Frequency

Every year

List of tables with the breakdown for each table

Table C3: passengers transported, by type of transport

Table C4: international passengers transported, by country of embarkation and by country of disembarkation

Table C5: passenger train movements

Deadline for transmission of data

Eight months after end of reference period

First reference period

... [the year of entry into force of this amending Regulation]

Notes

| 1. | Type of transport is broken down as follows:






  — | national |
| --- | --- | --- |

1.

Type of transport is broken down as follows:

—

national

| — | international |
| --- | --- |

—

international

| 2. | For Tables C3 and C4, Member States shall report data including information from ticket sales outside the reporting country. This information may be obtained either directly from the national authorities of other countries or through international compensation arrangements for tickets’ |
| --- | --- |

2.

For Tables C3 and C4, Member States shall report data including information from ticket sales outside the reporting country. This information may be obtained either directly from the national authorities of other countries or through international compensation arrangements for tickets’

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ANNEX II

‘ANNEX L

Table L.1

LEVEL OF TRANSPORT ACTIVITY IN GOODS TRANSPORT

| List of variables and units of measurement | Goods transported in:






  — | total tonnes |
| --- | --- | --- |

List of variables and units of measurement

Goods transported in:

—

total tonnes

| — | total tonne-km |
| --- | --- |

—

total tonne-km

Goods train movements in:

| — | total train-km |
| --- | --- |

—

total train-km

Reference period

One year

Frequency

Every year

Deadline for transmission of data

Five months after end of reference period

First reference period

... [the year following that of entry into force of this amending Regulation]

Notes

Only for undertakings with a total volume of freight transport of less than 200 million tonne-km and less than 500 000 tonnes and not reporting under Annex A (detailed reporting)

Table L.2

LEVEL OF TRANSPORT ACTIVITY IN PASSENGER TRANSPORT

| List of variables and units of measurement | Passengers transported in:






  — | total passengers |
| --- | --- | --- |

List of variables and units of measurement

Passengers transported in:

—

total passengers

| — | total passenger-km |
| --- | --- |

—

total passenger-km

Passenger train movements in:

| — | total train-km |
| --- | --- |

—

total train-km

Reference period

One year

Frequency

Every year

Deadline for transmission of data

Eight months after end of reference period

First reference period

... [the year following that of entry into force of this amending Regulation]

Notes

Only for undertakings with a total volume of passenger transport of less than 100 million passenger-km and not reporting under Annex C (detailed reporting)’

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| 29.9.2016 | EN | Official Journal of the European Union | C 358/8 |
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29.9.2016

EN

Official Journal of the European Union

C 358/8

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Statement of the Council's reasons: Position (EU) No 15/2016 of the Council at first reading with a view to the adoption of a Regulation of the European Parliament and of the Council amending Regulation (EC) No 91/2003 on rail transport statistics, as regards the collection of data on goods, passengers and accidents

(2016/C 358/02)

I.   INTRODUCTION

| 1. | On 30 August 2013, the Commission submitted to the Council and the European Parliament a proposal for a Regulation of the European Parliament and of the Council amending Regulation (EC) No 91/2003 of the European Parliament and of the Council of 16 December 2002 on rail transport statistics, as regards the collection of data on goods, passengers and accidents. |
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1.

On 30 August 2013, the Commission submitted to the Council and the European Parliament a proposal for a Regulation of the European Parliament and of the Council amending Regulation (EC) No 91/2003 of the European Parliament and of the Council of 16 December 2002 on rail transport statistics, as regards the collection of data on goods, passengers and accidents.

| 2. | The first reading position of the European Parliament was adopted in the Plenary on 11 March 2014. |
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2.

The first reading position of the European Parliament was adopted in the Plenary on 11 March 2014.

| 3. | An informal trilogue meeting took place on 25 November 2014 with representatives of the three institutions. During this meeting, a compromise text was agreed. |
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3.

An informal trilogue meeting took place on 25 November 2014 with representatives of the three institutions. During this meeting, a compromise text was agreed.

| 4. | On 19 December 2014, Coreper took note but did not endorse the compromise reached during the trilogue, the main issue being the compulsory pilot studies to be conducted by Member States. |
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4.

On 19 December 2014, Coreper took note but did not endorse the compromise reached during the trilogue, the main issue being the compulsory pilot studies to be conducted by Member States.

| 5. | Intense informal negotiations then took place between the successive Presidencies: LV, LU and NL with the European Parliament and the Commission. |
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5.

Intense informal negotiations then took place between the successive Presidencies: LV, LU and NL with the European Parliament and the Commission.

| 6. | On 24 May 2016, a final informal trilogue took place between the three institutions where an agreement was eventually reached on a final compromise text. |
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6.

On 24 May 2016, a final informal trilogue took place between the three institutions where an agreement was eventually reached on a final compromise text.

| 7. | On 3 June 2016, the Permanent Representatives' Committee confirmed this agreement on the final compromise text in annex with a view to reaching an early second reading agreement on the proposal for a Regulation of the European Parliament and of the Council amending Regulation (EC) No 91/2003 of the European Parliament and of the Council of 16 December 2002 on rail transport statistics, as regards the collection of data on goods, passengers and accidents. |
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7.

On 3 June 2016, the Permanent Representatives' Committee confirmed this agreement on the final compromise text in annex with a view to reaching an early second reading agreement on the proposal for a Regulation of the European Parliament and of the Council amending Regulation (EC) No 91/2003 of the European Parliament and of the Council of 16 December 2002 on rail transport statistics, as regards the collection of data on goods, passengers and accidents.

| 8. | The Committee on Transport and Tourism (TRAN) agreed on the text reflecting the result of the mandate and on 15 June 2016, the Chair of the Committee addressed a letter to the President of the Permanent Representatives Committee, stating that, if the Council adopts its position at first reading in accordance with the text as annexed to their letter and which has been confirmed by Coreper on 3 June 2016, he would recommend to the Plenary that the Council's position be accepted without amendment, subject to legal-linguistic verification, at Parliament's second reading. |
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8.

The Committee on Transport and Tourism (TRAN) agreed on the text reflecting the result of the mandate and on 15 June 2016, the Chair of the Committee addressed a letter to the President of the Permanent Representatives Committee, stating that, if the Council adopts its position at first reading in accordance with the text as annexed to their letter and which has been confirmed by Coreper on 3 June 2016, he would recommend to the Plenary that the Council's position be accepted without amendment, subject to legal-linguistic verification, at Parliament's second reading.

II.   OBJECTIVE

| 9. | The purpose of the draft regulation is to to modify Regulation (EC) No 91/2003 in order to update, simplify and optimise the existing legal framework for European statistics on rail transport and to align it with the new institutional context. |
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9.

The purpose of the draft regulation is to to modify Regulation (EC) No 91/2003 in order to update, simplify and optimise the existing legal framework for European statistics on rail transport and to align it with the new institutional context.

III.   ANALYSIS OF THE COMMON POSITION

| 10. | Following the vote in Plenary, the European Parliament and the Council conducted negotiations with the aim of concluding an early second-reading agreement on the basis of a Council first reading position that the Parliament could approve as such. The text of the Council's first reading position fully reflects the compromise reached between the co-legislators. |
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10.

Following the vote in Plenary, the European Parliament and the Council conducted negotiations with the aim of concluding an early second-reading agreement on the basis of a Council first reading position that the Parliament could approve as such. The text of the Council's first reading position fully reflects the compromise reached between the co-legislators.

| 11. | The main key issue between both institutions was the European Parliament request for additional data in particular concerning safety, accessibility and abandoned cross-border rail points. Most of the data requested are already collected by other Commission services or agencies. A consensus was eventually reached as the signature of two memoranda, one between Eurostat and DG Move and one between Eurostat and the European Rail Agency, gave the European Parliament the guarantee that the data they requested are dealt with and will be easily available to the public. A new recital has also been added underlining the need for a close cooperation between the Commission and the relevant entities with a view to providing easily accessible and useful information to Union citizens and other stakeholders on rail transport safety and interoperability of the rail system. |
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11.

The main key issue between both institutions was the European Parliament request for additional data in particular concerning safety, accessibility and abandoned cross-border rail points. Most of the data requested are already collected by other Commission services or agencies. A consensus was eventually reached as the signature of two memoranda, one between Eurostat and DG Move and one between Eurostat and the European Rail Agency, gave the European Parliament the guarantee that the data they requested are dealt with and will be easily available to the public. A new recital has also been added underlining the need for a close cooperation between the Commission and the relevant entities with a view to providing easily accessible and useful information to Union citizens and other stakeholders on rail transport safety and interoperability of the rail system.

IV.   CONCLUSION

| 12. | The Council's position fully reflects the compromise reached in the negotiations between the European Parliament and the Council, with the agreement of the Commission. The compromise is confirmed by the letter that the Chair of the TRAN committee addressed to the Chairman of the Permanent Representatives Committee on 15 June 2016. |
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12.

The Council's position fully reflects the compromise reached in the negotiations between the European Parliament and the Council, with the agreement of the Commission. The compromise is confirmed by the letter that the Chair of the TRAN committee addressed to the Chairman of the Permanent Representatives Committee on 15 June 2016.

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