EN Official Journal of the European Union L 123/1

COMMISSION DECISION

of 4 March 2005

implementing Council Directive 95/64/EC on statistical returns in respect of carriage of goods and passengers by sea and amending Annexes thereto

(notified under document number C(2005) 463)

(Text with EEA relevance)

(2005/366/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 95/64/EC of 8 December 1995 on statistical returns in respect of carriage of goods and passengers by sea (1), and in particular Article 4(1) and Article 12 thereof,

Whereas:

(1) Additional statistical variables, definitions and structure for statistical datasets are necessary to distinguish the collection of data on cruise passengers.

(2) The type of cargo classification needs to be modified to ensure a clear definition of the scope of the statistics.

(3) The nomenclature on the maritime coastal areas and the nomenclature on the nationality of registration of vessels need to be adapted to technical developments.

(4) In accordance with Article 12, the first indent, of Directive 95/64/EC, the Commission may adapt the content of the Annexes thereto. Directive 95/64/EC should therefore be amended accordingly.

(5) In accordance with Article 4 of Directive 95/64/EC, the Commission may draw up and update the list of ports coded and classified by country and maritime coastal area.

(6) Commission Decision 98/385/EC of 13 May 1998 on rules for implementing Council Directive 95/64/EC on statistical returns in respect of carriage of goods and passengers by sea (2), provided for a list of ports.

(7) The list of ports needs to be updated. Decision 98/385/EC should therefore be amended.

(8) Commission Decision 2000/363/EC of 28 April 2000 on rules for implementing Council Directive 95/64/EC on statistical returns in respect of carriage of goods and passengers by sea (3) amended the Annexes II, IV, V and VIII to Directive 95/64/EC and the list of ports drawn up in Annex II to Decision 98/385/EC. It can therefore be repealed.

(9) The measures provided for in this Decision are in accordance with the opinion of the Statistical Programme Committee set up by Council Decision 89/382/EEC, Euratom of 19 June 1989 establishing a Committee on the Statistical Programmes of the European Communities (4),

HAS ADOPTED THIS DECISION:

Article 1

Annexes I, II, IV, V, VI and VIII to Directive 95/64/EC are replaced by Annexes I, II, III, IV, V and VI to this Decision.

Article 2

The list of ports drawn up in Annex II to Decision 98/385/EC is replaced by the updated list of ports coded and classified by country and maritime coastal area, as provided in Annex VII to this Decision.

Article 3

Decision 2000/363/EC shall be repealed.

Any references to the repealed Decision shall be construed as references to this Decision.

Article 4

This Decision is addressed to the Member States.

This Decision shall apply from the reference year 2004, covering the 2004 data.

Done at Brussels, 4 March 2005. For the Commission Joaquín ALMUNIA Member of the Commission

(1) OJ L 320, 30.12.1995, p. 25. Directive as last amended by Regulation (EC) No 1882/2003 of the European Parliament and of the Council (OJ L 284, 31.10.2003, p. 1).

(2) OJ L 174, 18.6.1998, p. 1. Decision as last amended by the 2003 Act of Accession .

(3) OJ L 132, 5.6.2000, p. 1.

(4) OJ L 181, 28.6.1989, p. 47.

ANNEX I ‘ANNEX I VARIABLES AND DEFINITIONS 1. Statistical Variables (a) Cargo and passenger information — Gross weight of goods in tonnes, — type of cargo, according to the nomenclature shown in Annex II, — description of the goods, using the nomenclature shown in Annex III, — reporting port, — direction of movement, whether inwards or outwards, — for inward cargo: the port of loading (i.e. the port in which the cargo was loaded on to the ship in which it arrived in the reporting port) using individual ports in the European Economic Area (EEA) countries shown in the port list, and the maritime coastal areas outside the EEA countries, shown in Annex IV, — for outward cargo: the port of unloading (i. e. the port in which the cargo is to be unloaded from the ship in which it left the reporting port) using individual ports in the EEA countries shown in the port list, and the maritime coastal areas outside the EEA countries, shown in Annex IV, — number of passengers starting or finishing a voyage as well as number of cruise passengers on a cruise passenger excursion. For goods carried in containers or ro-ro units, the following additional particulars shall be provided: — total number of containers (with and without cargo), — number of containers without cargo, — total number of mobile (ro-ro) units with and without cargo, — number of mobile (ro-ro) units without cargo. (b) Information on the vessel — Number of vessels; — deadweight of vessels or gross tonnage; — country or territory of registration of vessels, using the nomenclature shown in Annex V; — type of vessels, using the nomenclature shown in Annex VI; — size of vessels, using the nomenclature shown in Annex VII. 2. Definitions (a) “Freight container” means an article of transport equipment: 1. of a permanent nature and accordingly strong enough to be suitable for repeated use; 2. specially designed to facilitate the carriage of goods by one or more modes of transport, without intermediate reloading; 3. fitted with devices permitting its ready handling, particularly its transfer from one mode of transport to another; 4. so designed as to be easy to fill and empty; 5. having a length of 20 feet or more. (b) “Ro-ro unit” means wheeled equipment for carrying cargo, such as a truck, trailer or semi-trailer, which can be driven or towed onto a vessel. Port or ships' trailers are included in this definition. Classifications should follow United Nations ECE Recommendation No 21 “Codes for types of cargo, packages and packaging materials”. (c) “Container cargo” means containers with or without cargo which are lifted on or off the vessels which carry them by sea. (d) “Ro-ro cargo” means goods, whether or not in containers, on ro-ro units, and ro-ro units which are rolled on and off the vessels which carry them by sea. (e) “Gross weight of goods” means the tonnage of goods carried, including packaging but excluding the tare weight of containers or ro-ro units. (f) “Deadweight (DWT)” means the difference in tonnes between the displacement of a ship on summer load-line in water with a specific gravity of 1,025 and the total weight of the ship, i. e. the displacement in tonnes of a ship without cargo, fuel, lubricating oil, ballast water, fresh water and drinking water in the tanks, usable supplies as well as passengers, crew and their possessions. (g) “Gross tonnage” means the measure of the overall size of a ship determined in accordance with the provisions of the International Convention on Tonnage Measurement of Ships, 1969. (h) “Cruise passenger” means a sea passenger making a sea journey on a cruise ship. Passengers on day excursions are excluded. (i) “Cruise ship” means a passenger ship intended to provide passengers with a full tourist experience. All passengers have cabins. Facilities for entertainment aboard are included. Ships operating normal ferry services are excluded, even if some passengers treat the service as a cruise. In addition, cargo-carrying vessels able to carry a very limited number of passengers with their own cabins are also excluded. Ships intended solely for day excursions are also excluded. (j) “Cruise passenger excursion” means a short visit by a cruise passenger to a tourist attraction associated with a port while retaining a cabin on board.’

ANNEX II ‘ANNEX II TYPE OF CARGO CLASSIFICATION Category (1) Code 1 digit Code 2 digits Description Tonnage Number Liquid bulk 1 1X Liquid bulk goods (no cargo unit) X 11 Liquefied gas X 12 Crude oil X 13 Oil products X 19 Other liquid bulk goods X Dry bulk 2 2X Dry bulk goods (no cargo unit) X 21 Ores X 22 Coal X 23 Agricultural products (e.g. grain, soya, tapioca) X 29 Other dry bulk goods X Containers 3 3X Large containers X (2) X 31 20 ft freight units X (2) X 32 40 ft freight units X (2) X 33 Freight units > 20 ft and < 40 ft X (2) X 34 Freight units > 40 ft X (2) X Roll-on roll-off (self-propelled) 5 5X Mobile self-propelled units X X 51 Road goods vehicles and accompanying trailers X (2) X 52 Passenger cars, motorcycles and accompanying trailers/caravans X (3) 53 Passenger buses X (3) 54 Trade vehicles (including import/export motor vehicles) X X (3) 56 Live animals on the hoof X X (3) 59 Other mobile self-propelled units X X Roll-on roll-off (non-self-propelled) 6 6X Mobile non-self-propelled units X X 61 Unaccompanied road goods trailers and semi-trailers X (2) X 62 Unaccompanied caravans and other road, agricultural and industrial vehicles X X (3) 63 Rail wagons, shipborne port-to-port trailers, and shipborne barges engaged in goods transport X (2) X 69 Other mobile non-self-propelled units X X Other general cargo (including small containers) 9 9X Other cargo, not elsewhere specified X 91 Forestry products X 92 Iron and steel products X 99 Other general cargo X (1) These categories are consistent with United Nations ECE Recommendation No 21. (2) The quantity recorded is the gross weight of the goods including packaging but excluding the tare weight of containers and ro-ro-units. (3) Only total number of units.’

ANNEX III ‘ANNEX IV MARITIME COASTAL AREAS The nomenclature to be used is the Geonomenclature (the country nomenclature for the external trade statistics of the Community and statistics of trade between Member States, originally drawn up by Council Regulation (EEC) No 1736/75 (1)) in force in the year to which the data refer. The code consists of four digits: the ISO alpha 2 standard code for each country from the abovementioned nomenclature, followed by two zeros (e.g. code GR00 for Greece), except for countries which are divided into two or more maritime coastal areas, which are identified by a fourth digit other than zero (from 1 to 7), as below: Code Maritime coastal areas FR01 France: Atlantic and North Sea FR02 France: Mediterranean FR03 French overseas departments: French Guiana FR04 French overseas departments: Martinique and Guadeloupe FR05 French overseas departments: Réunion DE01 Germany: North Sea DE02 Germany: Baltic DE03 Germany: Inland GB01 United Kingdom GB02 Isle of Man GB03 Channels Islands ES01 Spain: Atlantic (North) ES02 Spain: Mediterranean and Atlantic (South), including the Balearic and Canary Islands SE01 Sweden: Baltic SE02 Sweden: North Sea TR01 Turkey: Black Sea TR02 Turkey: Mediterranean RU01 Russia: Black Sea RU02 Russia: Baltic RU03 Russia: Asia MA01 Morocco: Mediterranean MA02 Morocco: West Africa EG01 Egypt: Mediterranean EG02 Egypt: Red Sea IL01 Israel: Mediterranean IL02 Israel: Red Sea SA01 Saudi Arabia: Red Sea SA02 Saudi Arabia: Gulf US01 United States of America: Atlantic (North) US02 United States of America: Atlantic (South) US03 United States of America: Gulf US04 United States of America: Pacific (South) US05 United States of America: Pacific (North) US06 United States of America: Great Lakes US07 Puerto Rico CA01 Canada: Atlantic CA02 Canada: Great Lakes and Upper Saint Lawrence CA03 Canada: West Coast CO01 Colombia: North Coast CO02 Colombia: West Coast With the additional codes ZZ01 Offshore installations ZZ02 Aggregates and not elsewhere specified’ (1) OJ L 183, 14.7.1975, p. 3.

ANNEX IV ‘ANNEX V NATIONALITY OF REGISTRATION OF VESSELS The nomenclature to be used is the Geonomenclature (the country nomenclature for the external trade statistics of the Community and statistics of trade between Member States originally drawn up by Council Regulation (EEC) No 1736/75 (1)) in force in the year to which the data refer. The code consists of four digits: the ISO alpha 2 standard code for each country from the above-mentioned nomenclature, followed by two zeros (e.g. code GR00 for Greece), except for countries with more than one register which are identified by a fourth digit other than zero, as below: FR01 France FR02 French Antarctic Territory (including the Kerguelen Islands) IT01 Italy - first register IT02 Italy - international register GB01 United Kingdom GB02 Isle of Man GB03 Channel Islands GB04 Gibraltar DK01 Denmark DK02 Denmark (DIS) PT01 Portugal PT02 Portugal (MAR) ES01 Spain ES02 Spain (Rebeca) NO01 Norway NO02 Norway (NIS) US01 United States of America US02 Puerto Rico’ (1) OJ L 183, 14.7.1975, p. 3.

ANNEX V ‘ANNEX VI TYPE OF SHIP CLASSIFICATION (ICST-COM) Type Ship categories included 10 Liquid bulk Oil tanker Chemical tanker LG tanker Tanker barge Other tanker 20 Dry bulk Bulk/oil carrier Bulk carrier 31 Container Full container 32 Specialized Barge carrier Chemical carrier Irradiated fuel Livestock carrier Vehicle carrier Other specialised 33 General cargo, non-specialized Reefer Ro-ro passenger Ro-ro container Other ro-ro cargo Combination carrier general cargo/passenger Combination carrier general cargo/container Single decker Multi-decker 34 Dry cargo barge Deck barge Hopper barge Lash-seabee barge Open dry cargo barge Coverd dry cargo barge Other dry cargo barge nes 35 Passenger Passenger (excluding cruise passengers) 36 Cruise Passenger Cruise ships only 41 Fishing (1) Fish catching (1) Fish processing (1) 42 Offshore activities Drilling and exploration (1) Offshore support (1) 43 Tugs Tugs (1) Pusher craft (1) 49 Miscellaneous Dredgers (1) Research/survey (1) Other vessel nes (1) XX Unknown Unknown type of vessel (1) Not covered by this Directive.’

ANNEX VI ‘ANNEX VIII STRUCTURE FOR STATISTICAL DATA SETS The data sets specified in this Annex define the periodicity for the maritime transport statistics required by the Community. Each data set defines a cross classification of a limited set of dimensions at different levels of the nomenclatures, aggregated across all other dimensions, for which statistics of good quality are required. The conditions for collecting data set B1 will be decided by the Council on a proposal from the Commission in the light of the results of the pilot study during a three-year transitional period as defined in Article 10 of this Directive. SUMMARY AND DETAILED STATISTICS — The data sets to be provided for selected ports for goods and passengers are A1, A2, B1, C1, D1, E1, F1 and/or F2. — The data sets to be provided for selected ports for goods but not for passengers are A1, A2, A3, B1, C1, E1, F1 and/or F2. — The data sets to be provided for selected ports for passengers but not for goods are A3, D1, F1 and/or F2. — The data set to be provided for selected ports and for ports which are not selected (for neither goods nor passengers) is A3. Data set A1: Seaborne transport in the main European ports by port, type of cargo and relation Periodicity: quarterly Variables Coding detail Nomenclature Dimensions Data set Two-character alphanumeric A1 Reference year Four-character alphanumeric (e.g. 1997) Reference quarter One-character alphanumeric (1, 2, 3, 4) Reporting port Five-character alphanumeric Selected EEA ports in the port list Direction One-character alphanumeric Inwards, outwards (1, 2) Port of loading/unloading Five-character alphanumeric EEA-ports in the port list Relation Four-character alphanumeric Maritime coastal areas, Annex IV Type of cargo One-character alphanumeric Type of cargo, Annex II Data: Gross weight of goods in tonnes. Data set A2: Non-unit-load seaborne transport in the main European ports, by port, type of cargo and relation Periodicity: quarterly Variables Coding detail Nomenclature Dimensions Data set Two-character alphanumeric A2 Reference year Four-character alphanumeric (e.g. 1997) Reference quarter One-character alphanumeric (1, 2, 3, 4) Reporting port Five-character alphanumeric Selected EEA ports in the port list Direction One-character alphanumeric Inwards, outwards (1, 2) Port of loading/unloading Five-character alphanumeric EEA-ports in the port list Relation Four-character alphanumeric Maritime coastal areas, Annex IV Type of cargo Two-character alphanumeric Type of cargo, (non-unit-load only) Annex II (subcategories 1X, 11, 12, 13, 19, 2X, 21, 22, 23, 29, 9X, 91, 92 and 99) Data: Gross weight of goods in tonnes. Data set A3: Data required for both selected ports and ports for which detailed statistics are not required (see Article 4(3)) Periodicity: annual Variables Coding detail Nomenclature Dimensions Data set Two-character alphanumeric A3 Reference year Four-character alphanumeric (e.g. 1997) Reference quarter One-character alphanumeric (0) Reporting port Five-character alphanumeric All ports in the port list Direction One-character alphanumeric Inwards, outwards (1, 2) Data: Gross weight of goods in tonnes. Number of passengers (excluding cruise passengers). Number of cruise passengers starting and ending a cruise. Number of cruise passengers on cruise passenger excursion: direction: inwards (1) only - (optional). Data set B1: Seaborne transport in the main European ports, by port, type of cargo, goods and relation Periodicity: annual Variables Coding detail Nomenclature Dimensions Data set Two-character alphanumeric B1 Reference year Four-character alphanumeric (e.g. 1997) Reference quarter One-character alphanumeric (0) Reporting port Five-character alphanumeric Selected EEA ports in the port list Direction One-character alphanumeric Inwards, outwards (1, 2) Port of loading/unloading Five-character alphanumeric EEA-ports in the port list Relation Four-character alphanumeric Maritime coastal areas, Annex IV Type of cargo One-character alphanumeric Type of cargo, Annex II Commodity Two-character alphanumeric Goods nomenclature, Annex III Data: Gross weight of goods in tonnes. Data set C1: Unit-load seaborne transport in the main European ports, by port, type of cargo, relation and loaded status Periodicity: quarterly Variables Coding detail Nomenclature Dimensions Data set Two-character alphanumeric C1 Reference year Four-character alphanumeric (e.g. 1997) Reference quarter One-character alphanumeric (1, 2, 3, 4) Reporting port Five-character alphanumeric Selected EEA ports in the port list Direction One-character alphanumeric Inwards, outwards (1, 2) Port of loading/unloading Five-character alphanumeric EEA-ports in the port list Relation Four-character alphanumeric Maritime coastal areas, Annex IV Type of cargo Two-character alphanumeric Type of cargo (container, ro-ro only) Annex II (subcategories 3X, 31, 32, 33, 34, 5X, 51, 52, 53, 54, 56, 59, 6X, 61, 62, 63 and 69) Data: Gross weight of goods in tonnes (type of cargo: subcategories 3X, 31, 32, 33, 34, 51, 54, 56, 59, 6X, 61, 62, 63 and 69). Number of units (type of cargo: subcategories 3X, 31, 32, 33, 34, 5X, 51, 52, 53, 54, 56, 59, 6X, 61, 62, 63 and 69). Number of units without cargo (type of cargo: subcategories 3X, 31, 32, 33, 34, 5X, 51, 59, 6X, 61, 63 and 69). Data set D1: Passenger transport in the main European ports, by relation and nationality of registration of vessel Periodicity: quarterly Variables Coding detail Nomenclature Dimensions Data set Two-character alphanumeric D1 Reference year Four-character alphanumeric (e.g. 1997) Reference quarter One-character alphanumeric (1, 2, 3, 4) Reporting port Five-character alphanumeric Selected EEA ports in the port list Direction One-character alphanumeric Inwards, outwards (1, 2) Port of loading/unloading Five-character alphanumeric EEA-ports in the port list Relation Four-character alphanumeric Maritime coastal areas, Annex IV Nationality of registration of vessel Four-character alphanumeric Nationality of registration of vessels, Annex V Data: Number of passengers excluding cruise passengers starting and ending a cruise and cruise passengers on excursion Data set E1: Seaborne transport in the main European ports, by port, type of cargo, relation and nationality of registration of vessels Periodicity: annual Variables Coding detail Nomenclature Dimensions Data set Two-character alphanumeric E1 Reference year Four-character alphanumeric (e.g. 1997) Reference quarter One-character alphanumeric (0) Reporting port Five-character alphanumeric Selected EEA ports in the port list Direction One-character alphanumeric Inwards, outwards (1, 2) Port of loading/unloading Five-character alphanumeric EEA-ports in the port list Relation Four-character alphanumeric Maritime coastal areas, Annex IV Type of cargo One-character alphanumeric Type of cargo, Annex II Nationality of registration of vessel Four-character alphanumeric Nationality of registration of vessels, Annex V Data: Gross weight of goods in tonnes. Data set F1: European port vessel traffic in the main European ports, by port, type and size of vessels loading or unloading cargo, embarking or disembarking passengers (including cruise passengers on cruise passenger excursion) Periodicity: quarterly Variables Coding detail Nomenclature Dimensions Data set Two-character alphanumeric F1 Reference year Four-character alphanumeric (e.g. 1997) Reference quarter One-character alphanumeric (1, 2, 3, 4) Reporting port Five-character alphanumeric Selected EEA ports in the port list Direction One-character alphanumeric Inwards, outwards (1, 2) Type of vessel Two-character alphanumeric Type of ship, Annex VI Size of vessel DWT Two-character alphanumeric Dead weight size classes, Annex VII Data: Number of vessels; Dead weight of vessels in tonnes. Data set F2: European port vessel traffic in the main European ports, by port, type and size of vessels loading or unloading cargo, embarking or disembarking passengers (including cruise passengers on cruise passenger excursion) Periodicity: quarterly Variables Coding detail Nomenclature Dimensions Data set Two-character alphanumeric F2 Reference year Four-character alphanumeric (e.g. 1997) Reference quarter One-character alphanumeric (1, 2, 3, 4) Reporting port Five-character alphanumeric Selected EEA ports in the port list Direction One-character alphanumeric Inwards, outwards (1, 2) Type of vessel Two-character alphanumeric Type of ship, Annex VI Size of vessel GT Two-character alphanumeric Gross tonnage size classes, Annex VII Data: Number of vessels; Gross tonnage of vessels.’