on the exercise of the power to adopt delegated acts conferred on the Commission pursuant to Regulation (EU) No 1090/2010 of the European Parliament and of the Council amending Directive 2009/42/EC on statistical returns in respect of carriage of goods and passengers by sea

REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL

REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND

THE COUNCIL

on the exercise of the power to adopt delegated acts conferred on the Commission pursuant to Regulation (EU) No 1090/2010 of the European Parliament and of the Council amending Directive 2009/42/EC on statistical returns in respect of carriage of goods and passengers by sea

1. INTRODUCTION

Regulation (EU) No 1090/2010 of the European Parliament and of the Council was adopted with two main purposes – to bring data collection on goods transported by maritime transport into line with that for goods transported by other forms of transport, and to align the powers conferred on the Commission by Directive 2009/42/EC of the European Parliament and of the Council with the Treaty on the Functioning of the European Union.

The Regulation therefore:

1.introduced the requirement for Member States to provide data on seaborne transport in the main European ports by type of goods, in accordance with the NST 2007 classification, thus bringing data collection on goods transported by maritime transport into line with the approaches and standards used for statistics on road transport, rail transport and inland waterway transport; and

2.aligned the powers conferred on the Commission by Directive 2009/42/EC with Article 290 of the Treaty on the Functioning of the European Union.

Directive 2009/42/EC empowers the Commission to adopt delegated acts serving the following purposes:

adapting the data collection requirements set out in Annexes I to VIII to reflect economic and technical developments, in so far as such changes do not entail a substantial increase in costs for Member States and/or in the burden placed on respondents (as described in Article 3(4) of Directive 2009/42/EC);

drawing up a list of ports, coded and classified by country and by maritime coastal area (as described in Article 4(1) of Directive 2009/42/EC); and

amending non-essential elements of Directive 2009/42/EC, in order to ensure that the methods of collecting data used for producing the statistical datasets on sea transport described in Annex VIII are such that these datasets meet the standards of accuracy set by the Commission (in Article 5 of Directive 2009/42/EC).

Regulation (EU) No 1090/2010 emphasises the importance of the Commission carrying out appropriate consultations when preparing delegated acts, including at expert level.

2. LEGAL BASIS

This report is required under Article 10a(1) of Directive 2009/42/EC. This provision confers on the Commission the power to adopt delegated acts for a period of five years from 29 December 2010. It requires the Commission to prepare a report in respect of the delegation of power at the latest six months before the end of the five-year period.

3. EXERCISE OF THE DELEGATION

Since Regulation (EU) No 1090/2010 entered into force, the Commission has adopted one delegated decision, Commission Delegated Decision 2012/186/EU. This adapted certain parts of the data collection requirements set out in Annexes I to VIII of Directive 2009/42/EC, in order to reflect economic and technical developments.