DIRECTIVE 2009/42/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 6 May 2009
on statistical returns in respect of carriage of goods and passengers by sea
(Recast)
(Text with EEA relevance)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 285(1) thereof,
Having regard to the proposal from the Commission,
Acting in accordance with the procedure laid down in Article 251 of the Treaty (1),
Whereas:
(1)
Council Directive 95/64/EC of 8 December 1995 on statistical returns in respect of carriage of goods and passengers by sea (2) has been substantially amended several times (3). Since further amendments are to be made, it should be recast in the interests of clarity.
(2)
To carry out the tasks entrusted to it in the context of the common maritime transport policy, the Commission (Eurostat) should have at its disposal comparable, reliable, synchronised and regular statistical data on the scale and development of the carriage of goods and passengers by sea to and from the Community, between Member States and for domestic sea transport.
(3)
It is also important for Member States and economic operators to have a good knowledge of the maritime transport market.
(4)
The collection of Community statistical data on a comparable or harmonised basis makes it possible to establish an integrated system providing reliable, consistent and up-to-date information.
(5)
The data on the transport of goods and passengers by sea have to be made comparable between Member States and between the different modes of transport.
(6)
In accordance with the principle of subsidiarity, the creation of common statistical standards enabling harmonised information to be produced can only be tackled efficiently at Community level. Data will be collected in each Member State under the authority of the bodies and institutions in charge of compiling official statistics.
(7)
The measures necessary for the implementation of this Directive should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (4).
(8)
In particular, the Commission should be empowered to adopt certain detailed rules for implementing this Directive. Since those measures are of general scope and are designed to amend non-essential elements of this Directive, inter alia, by supplementing it with new non-essential elements, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC.
(9)
The new elements introduced into this Directive only concern the committee procedures. They therefore do not need to be transposed by the Member States.
(10)
This Directive should be without prejudice to the obligations of the Member States relating to the time limits for transposition into national law of the Directive set out in Annex IX, Part B,
HAVE ADOPTED THIS DIRECTIVE:
Article 1
Collection of statistical data
Member States shall collect Community statistics on the carriage of goods and passengers by seagoing vessels calling at ports in their territories.
Article 2
Definitions
For the purposes of this Directive:
(a)
‘carriage of goods and passengers by sea’ means the movement of goods and passengers using seagoing vessels, on voyages which are undertaken wholly or partly at sea.
The scope of this Directive shall also include goods:
(i)
shipped to offshore installations;
(ii)
reclaimed from the seabed and unloaded in ports.
Bunkers and stores supplied to vessels shall be excluded from the scope of this Directive;
(b)
‘seagoing vessels’ means vessels other than those which navigate exclusively in inland waters or in waters within, or closely adjacent to, sheltered waters or areas where port regulations apply.
This Directive shall not apply to fish-catching vessels, fish-processing vessels, vessels for drilling and exploration, tugs, pusher craft, research and survey vessels, dredgers, naval vessels or vessels used solely for non-commercial purposes;
(c)
‘port’ means a place having facilities for merchant ships to moor and to load or unload cargo or to disembark or embark passengers to or from vessels;
(d)
‘nationality of the maritime transport operator’ means that corresponding to the country in which the effective centre of the transport operator’s commercial activity is located;
(e)
‘maritime transport operator’ means any person by whom or on behalf of whom a contract for the transport of goods or persons by sea is concluded with a shipper or a passenger.
Article 3
Data collection characteristics
1. Member States shall collect data relating to:
(a)
cargo and passenger information;
(b)
information on the vessel.
Vessels with a gross tonnage of less than 100 may be excluded from the data collection.
2. The characteristics of the data collection, namely the statistical variables in each domain and the nomenclatures for their classification, as well as their periodicity of observation, are set out in Annexes I to VIII.
3. The data collection shall be based, in so far as possible, on available sources, limiting the burden on respondents.
4. The Commission shall adapt the data collection characteristics and the content of Annexes I to VIII to economic and technical developments in so far as such adaptation does not involve a substantial increase in cost for the Member States and/or in the burden on respondents.
Those measures, designed to amend non-essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 10(3).
Article 4
Ports
1. For the purposes of this Directive, the Commission shall draw up a list of ports, coded and classified according to countries and maritime coastal areas.
Those measures, designed to amend non-essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 10(3).
2. Each Member State shall select from the list referred to in paragraph 1 any port handling more than one million tonnes of goods or recording more than 200 000 passenger movements annually.
For each port selected, detailed data are to be provided, in conformity with Annex VIII, for the domains (goods and passengers) in which that port meets the selection criterion, and with summary data, if appropriate, for the other domain.
3. For the ports which are not selected from the list, summary data are to be provided in conformity with Annex VIII, data set A3.
Article 5
Accuracy of statistics
The methods of collecting data shall be such that Community sea transport statistics display the precision required for the statistical data sets described in Annex VIII.
The Commission shall draw up the standards of accuracy.
Those measures, designed to amend non-essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 10(3).
Article 6
Processing of the results of the data collection
Member States shall process the statistical information collected pursuant to Article 3, in order to obtain comparable statistics, with the standard of accuracy referred to in Article 5.
Article 7
Transmission of the results of the data collection
1. Member States shall transmit the results of the data collection referred to in Article 3 to the Commission (Eurostat), including the data declared confidential by the Member States pursuant to domestic legislation or practice concerning statistical confidentiality, in accordance with Regulation (EC) No 223/2009 of the European Parliament and of the Council of 11 March 2009 on European statistics (5).
2. The results shall be transmitted in accordance with the structure of the statistical data sets defined in Annex VIII. The technical details for transmission of the results shall be specified in accordance with the management procedure referred to in Article 10(2).
3. The transmission of the results shall take place within five months of the end of the period of observation for data of quarterly periodicity and within eight months for data of annual periodicity.
The first transmission shall cover the first quarter of 1997.
Article 8
Reports
Member States shall provide the Commission (Eurostat) with all relevant information on the methods used in compiling the data. They shall also forward details of substantial changes in the methods used to collect the data.
Article 9
Dissemination of statistical data
The Commission (Eurostat) shall disseminate appropriate statistical data with a periodicity comparable to that of the results transmitted.
The arrangements for publication or dissemination of the statistical data by the Commission (Eurostat) shall be adopted in accordance with the management procedure referred to in Article 10(2).
Article 10
Committee procedure
1. The Commission shall be assisted by the European Statistical System Committee set up by Regulation (EC) No 223/2009.
2. Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.
The period laid down in Article 4(3) of Decision 1999/468/EC shall be set at three months.
3. Where reference is made to this paragraph, Article 5a(1) to (4) and Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.
Article 11
Communication of national provisions
Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field governed by this Directive.
Article 12
Repeal
Directive 95/64/EC, as amended by the acts listed in Annex IX, Part A, is repealed, without prejudice to the obligations of the Member States relating to the time limits for transposition into national law of the Directive set out in Annex IX, Part B.
References to the repealed Directive shall be construed as references to this Directive and shall be read in accordance with the correlation table in Annex X.
Article 13
Entry into force
This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
Article 14
Addressees
This Directive is addressed to the Member States.
Done at Strasbourg, 6 May 2009.