EN Official Journal of the European Union L 32/1

REGULATION (EU) No 70/2012 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 18 January 2012

on statistical returns in respect of the carriage of goods by road

(recast)

(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 (1),

Whereas:

(1) Council Regulation (EC) No 1172/98 of 25 May 1998 on statistical returns in respect of the carriage of goods by road (2) has been substantially amended several times. Since further amendments are to be made, that Regulation should be recast in the interests of clarity.

(2) In order to carry out the tasks entrusted to it in the context of the common transport policy, the Commission should have at its disposal comparable, reliable, synchronised, regular and comprehensive statistical data on the scale and development of the carriage of goods by road by means of vehicles registered in the Union, and on the degree of utilisation of vehicles carrying out this transport.

(3) It is necessary to compile comprehensive regional statistics with regard to both the carriage of goods and vehicle journeys.

(4) It is therefore appropriate to ensure that the regional origin and destination of transport within the Union is described on the same basis as national transport, and to provide a link between the carriage of goods and vehicle journeys by measuring the degree of utilisation of vehicles carrying out this transport.

(5) In accordance with the principle of subsidiarity, the creation of common statistical standards allowing the production of harmonised information can be better achieved only at Union level, while data will be collected in each Member State under the authority of the bodies and institutions in charge of compiling official statistics.

(6) Regulation (EC) No 223/2009 of the European Parliament and of the Council of 11 March 2009 on European statistics (3) provides a reference framework for the provisions laid down by this Regulation, in particular those concerning access to the sources of administrative data, the cost-effectiveness of available resources and statistical confidentiality.

(7) Communication of individual data, once rendered anonymous, is necessary in order to estimate the overall accuracy of the results.

(8) It is important to ensure that statistical information is adequately disseminated.

(9) In view of the specific geographical situation of Malta, its short-range road transport journeys, its limited road network and the disproportional burden that collecting such data would cause to the Maltese authorities, a derogation should be granted to Malta.

(10) 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 updating Part 1 of Annex I, except for any modifications to the optional nature of the required information, and adapting Annexes II to VII. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing-up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council.

(11) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with 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 (4),

HAVE ADOPTED THIS REGULATION:

Article 1

Subject matter and scope

1. Each Member State shall compile statistics for the Union on the carriage of goods by road by means of goods road transport vehicles which are registered in that Member State, and on the journeys made by such vehicles.

2. This Regulation shall not apply to the carriage of goods by road by means of:

(a) goods road transport vehicles whose authorised weight or dimensions exceed the limits normally permitted in the Member States concerned;

(b) agricultural vehicles, military vehicles and vehicles belonging to central or local public administrations, with the exception of goods road transport vehicles belonging to public undertakings, and in particular railway undertakings.

Each Member State may exclude from the scope of this Regulation goods road transport vehicles whose load capacity or maximum permissible weight is lower than a certain limit. This limit may not exceed a load capacity of 3,5 tonnes or maximum permissible weight of 6 tonnes in the case of single motor vehicles.

3. This Regulation shall not apply to Malta, so long as the number of Maltese-registered goods road transport vehicles licensed to engage in the international carriage of goods by road does not exceed 400 vehicles. For that purpose, Malta shall submit annually to Eurostat the number of goods road transport vehicles licensed to engage in the international carriage of goods by road at the latest by the end of March following the year to which the number of goods road transport vehicles relates.

Article 2

Definitions

For the purposes of this Regulation, the following definitions shall apply:

(a) ‘carriage of goods by road’: all transport of goods by means of a goods road transport vehicle;

(b) ‘road transport vehicle’: a road vehicle fitted with an engine whence it derives its sole means of propulsion, which is normally used for carrying persons or goods by road, or for drawing, on the road, vehicles used for the carriage of persons or goods;

(c) ‘road vehicle for the transport of goods’: a road vehicle designed exclusively or primarily to carry goods (lorry, trailer, semi-trailer);

(d) ‘goods road transport vehicle’: any single road transport vehicle, or combination of road vehicles, namely road train or articulated vehicle, designed to carry goods;

(e) ‘lorry’: a rigid road vehicle designed exclusively or primarily to carry goods;

(f) ‘road tractor’: a road transport vehicle designed exclusively or primarily to haul other road vehicles which are not power-driven (mainly semi-trailers);

(g) ‘trailer’: a road vehicle for the transport of goods designed to be hauled by a road transport vehicle;

(h) ‘semi-trailer’: a road vehicle for the transport of goods with no front axle so designed that part of the vehicle and a substantial part of its loaded weight rest on the road tractor;

(i) ‘articulated vehicle’: a road tractor coupled to a semi-trailer;

(j) ‘road train’: a goods road transport vehicle coupled to a trailer or an articulated vehicle with a further trailer attached;

(k) ‘registered’: the state of having been entered in a register of road transport vehicles, kept by an official body in a Member State, whether or not the registration is accompanied by the issue of a registration plate.

In the case of carriage by means of a combination of road transport vehicles, namely road train or articulated vehicle, in which the goods road transport vehicle and the trailer or semi-trailer are registered in different countries, the complete vehicle shall be deemed to be registered in the country where the goods road transport vehicle is registered;

(l) ‘load capacity’: maximum weight of goods declared permissible by the competent authority of the country of registration of the vehicle.

When the goods road transport vehicle is a road train made up of a lorry with trailer, the load capacity of the road train is the sum of the load capacities of the lorry and the trailer;

(m) ‘maximum permissible weight’: total weight of the vehicle (or vehicle combination) when stationary and ready for the road and of the weight of the load declared permissible by the competent authority of the country of registration of the vehicle;

(n) ‘Eurostat’: the Commission department responsible for carrying out the tasks incumbent on the Commission in the field of the production of Union statistics.

Article 3

Data collection

1. Member States shall compile statistical data relating to the following areas:

(a) vehicle;

(b) journey;

(c) goods.

2. The statistical variables in each area, their definition and the levels within the classification used for their breakdown are set out in Annexes I to VII.

3. When determining the method to be used for compiling statistical data, Member States shall refrain from carrying out any formalities at frontiers between Member States.

4. The Commission shall be empowered to adopt, where necessary, delegated acts in accordance with Article 8 concerning the updating of Part 1 of Annex I, solely in order to take account of economic and technical developments, except for any modifications to the optional nature of the required information.

The Commission shall also be empowered to adopt, where necessary, delegated acts in accordance with Article 8 concerning the adaptation of Annexes II to VII to take account of economic and technical developments.

In exercising its power pursuant to this paragraph, the Commission shall ensure that any delegated acts adopted do not impose significant additional administrative burdens on the Member States and on the respondents.

Article 4

Precision of statistical results

Member States shall ensure that their methods for the collection and processing of statistical data are designed to ensure that the statistical results transmitted pursuant to this Regulation are sufficiently precise so as to enable the Commission to have at its disposal comparable, reliable, synchronised, regular and comprehensive statistical data, whilst taking account of the structural characteristics of road transport in the Member States.

For the purpose of the first paragraph, the Commission shall, by means of implementing acts, adopt detailed technical rules regarding the precision of the statistical data required. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 9(2).

Article 5

Transmission of statistical results to Eurostat

1. Member States shall transmit to Eurostat every quarter duly verified individual data corresponding to the variables referred to in Article 3 and listed in Annex I, without indicating the name, address or registration number.

Such transmission shall, where appropriate, include statistical data relating to previous quarters for which the data transmitted were provisional.

2. The Commission shall, by means of implementing acts, adopt the arrangements for transmitting the data referred to in paragraph 1, including, where appropriate, the statistical tables based on those data. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 9(2).

3. The transmission of the data referred to in paragraph 1, shall take place within 5 months of the end of each quarterly period of observation.

The first transmission shall cover the first quarter of 1999.

Article 6

Dissemination of statistical results

Statistical results in respect of the carriage of goods by road shall be disseminated no later than 12 months after the end of the period to which the results relate.

The Commission shall, by means of implementing acts, adopt rules on the dissemination of statistical results in respect of the carriage of goods by road, including the structure and content of the results to be disseminated. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 9(2).

Article 7

Reports

1. Member States shall forward to Eurostat, on or before the date on which the first quarterly information is forwarded, a report on the methods used in compiling statistical data.

Member States shall also forward to Eurostat details of any substantial changes in the methods used to collect the statistical data.

2. Member States shall provide Eurostat with information each year on sample sizes, non-response rates and, in the form of standard error or confidence intervals, the reliability of the main statistical results.

3. By 31 December 2014 and every 3 years thereafter, the Commission shall submit a report on the implementation of this Regulation to the European Parliament and to the Council. That report shall evaluate in particular the quality of the statistical data transmitted, the data collection methods as well as the administrative burdens on the Member States and on the respondents. The report shall, if appropriate, be accompanied by proposals for modifying the list of variables, taking into account the findings of related projects, in particular those on air pollution emissions caused by the carriage of goods by road.

Article 8

Exercise of the delegation

1. The power to adopt the 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(4) shall be conferred on the Commission for a period of 5 years from 23 February 2012. The Commission shall draw up a report in respect of the delegation of power not later than 9 months before the end of the 5-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 3 months before the end of each period.

3. The delegation of power referred to in Article 3(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.

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

5. A delegated act adopted pursuant to Article 3(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 2 months of notification of that act to the European Parliament and to 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 2 months at the initiative of the European Parliament or of the Council.

Article 9

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.

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

Article 10

Repeal

Regulation (EC) No 1172/98 is repealed.

References to the repealed Regulation shall be construed as references to this Regulation and shall be read in accordance with the correlation table in Annex IX.

Article 11

Entry into force

This Regulation shall enter into force on the 20th day following 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 Strasbourg, 18 January 2012. For the European Parliament The President M. SCHULZ For the Council The President N. WAMMEN

(1) Position of the European Parliament of 1 December 2011 (not yet published in the Official Journal) and decision of the Council of 12 December 2011.

(2) OJ L 163, 6.6.1998, p. 1.

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

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