Regulation (EC) No 91/2003 of the European Parliament and of the Council of 16 December 2002 on rail transport statistics
Date: 2002-12-16
Institutions: Council of the European Union, European Parliament
Subjects: data collection, exchange of information, rail transport, transport statistics

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(Acts whose publication is obligatory)

REGULATION (EC) No 91/2003 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 16 December 2002

on rail transport statistics

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

Having regard to the Treaty establishing the European Commu-
nity, and in particular Article 285 thereof,

Having regard to the proposal from the Commission (1),

Having regard to the opinion of the Economic and Social
Committee (2),

Having consulted the Committee of the Regions,

Acting in accordance with the procedure laid down in Article
251 of the Treaty (3),

Whereas:

(1)

(2)

(3)

(4)

Railways are an important part of
transport networks.

the Community's

The Commission needs statistics on the transport of
goods and passengers by rail in order to monitor and
develop the common transport policy, as well as the
transport elements of policies on the regions and on
trans-European networks.

Statistics on rail safety are required by the Commission
in order to prepare and monitor Community actions in
the field of transport safety.

Community statistics on rail transport are also required
in order to fulfil the monitoring tasks provided for in
Article 10b of Council Directive 91/440/EEC of 29 July
the Community's rail-
1991 on the development of
ways (4).

(1) OJ C 180 E, 26.6.2001, p. 94.
(2) OJ C 221, 30.5.2001, p. 63.
(3) Opinion of the European Parliament of 4 September 2001 (OJ C 72
E, 21.3.2002, p. 58), Council Common Position of 27 June 2002
(not yet published in the Official
Journal) and Decision of the
European Parliament of 24 October 2002 (not yet published in the
Official Journal).

(4) OJ L 237, 24.8.1991, p. 25. Directive as last amended by Directive
2001/12/EC of the European Parliament and of the Council (OJ L
75, 15.3.2001, p. 1).

(5)

(6)

(7)

(8)

(9)

(10)

Community statistics on all modes of transport should
be collected according to common concepts and stan-
dards, with the aim of achieving the fullest practicable
comparability between transport modes.

The restructuring of the rail industry under Directive 91/
440/EEC, as well as changes in the type of information
required by the Commission and by other users of
Community statistics on rail transport, renders obsolete
the provisions of Council Directive 80/1177/EEC of 4
December 1980 on statistical
returns in respect of
carriage of goods by rail, as part of regional statistics (5)
in relation to the collection of statistics from specified
administrations of main rail networks.

The coexistence of publicly and privately owned railway
undertakings operating in a commercial rail transport
market requires an explicit specification of the statistical
information which should be provided by all railway
undertakings and disseminated by Eurostat.

In accordance with the principle of subsidiarity laid
down in Article 5 of the Treaty, the creation of common
statistical standards which permit
the production of
harmonised data is an action which can only be under-
taken efficiently at Community level. Such standards
should be implemented in each Member State under the
authority of the bodies and institutions in charge of
producing official statistics.

Council Regulation (EC) No 322/97 of 17 February
1997 on Community statistics (6) provides a reference
framework for the provisions laid down by this Regula-
tion.

The measures necessary for the implementation of this
Regulation 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 (7).

(5) OJ L 350, 23.12.1980, p. 23. Directive as last amended by the

1994 Act of Accession.
(6) OJ L 52, 22.2.1997, p. 1.
(7) OJ L 184, 17.7.1999, p. 23.

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(11)

The Statistical Programme Committee established by
Council Decision 89/382/EEC, Euratom of 19 June 1989
establishing a Committee on the Statistical Programmes
of the European Communities (1) has been consulted in
accordance with Article 3 of the said Decision,

HAVE ADOPTED THIS REGULATION:

Article 1

Objective

The objective of this Regulation is to establish common rules
for the production of Community rail transport statistics.

Article 2

Scope

This Regulation shall cover all railways in the Community. Each
Member State shall report statistics which relate to rail trans-
port on its national territory. Where a railway undertaking
operates in more than one Member State, the national authori-
ties concerned shall require the undertaking to provide data
separately for each country in which it operates so as to enable
national statistics to be compiled.

Member States may exclude from the scope of this Regulation:

(a) railway undertakings which operate entirely or mainly
including
and similar

installations,

within industrial
harbours;

(b) railway undertakings which mainly provide local tourist

services, such as preserved historical steam railways.

Article 3

Definitions

For the purposes of this Regulation the following defini-

1.
tions shall apply:

(a) ‘reporting country’ means the Member State transmitting

data to Eurostat;

(b) ‘national authorities’ means national statistical institutes and
other bodies responsible in each Member State for produ-
cing Community statistics;

(c) ‘railway undertaking’ means any public or private under-
taking which provides services for the transport of goods
and/or passengers by rail.

The definitions referred to in paragraph 1 may be
2.
adapted, and additional definitions needed to ensure harmoni-
sation of statistics may be adopted,
in accordance with the
procedure referred to in Article 11(2).

Article 4

Data collection

The statistics to be collected are set out in the Annexes to

1.
this Regulation. They shall cover the following types of data:

(a) annual statistics on goods transport — detailed reporting

(Annex A);

(b) annual statistics on goods transport — simplified reporting

(Annex B);

(c) annual

statistics on passenger

transport — detailed

reporting (Annex C);

(d) annual

statistics on passenger

transport — simplified

reporting (Annex D);

(e) quarterly statistics on goods and passenger

transport

(Annex E);

(f) regional statistics on goods and passenger transport (Annex

F);

(g) statistics on traffic flows on the rail network (Annex G);

(h) statistics on accidents (Annex H).

2.
Annexes B and D set out simplified reporting require-
ments, which may be used by Member States as alternatives to
the normal detailed reporting set out in Annexes A and C, for
undertakings for which the total volume of goods or passenger
transport is less than 500 million tonne-km or 200 million
passenger-km respectively. These thresholds may be adapted in
accordance with the procedure laid down in Article 11(2).

3. Member States shall also provide a list of the railway
undertakings for which statistics are provided, as specified in
Annex I.

4.
For the purposes of this Regulation, goods shall be classi-
fied in accordance with Annex J. Dangerous goods shall addi-
tionally be classified in accordance with Annex K.

The contents of the Annexes may be adapted, in accor-

5.
dance with the procedure referred to in Article 11(2).

Article 5

Data sources

1. Member States shall designate a public or private organi-
sation to participate in collecting the data required under this
Regulation.

The necessary data may be obtained using any combina-

2.
tion of the following sources:

(a) compulsory surveys;

(b) administrative data, including data collected by regulatory

authorities;

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

(c) statistical estimation procedures;

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(d) data supplied by professional organisations in the rail

industry;

(e) ad hoc studies.

The national authorities shall take measures for the coor-
3.
dination of the data sources used and to ensure the quality of
the statistics transmitted to Eurostat.

if necessary, by appropriate
this Regulation accompanied,
proposals. That report shall include the results of the quality
evaluation referred to in Article 8. It shall evaluate the impact
on the quality of rail transport statistics of the application to
this Regulation of the provisions on the confidentiality of statis-
tics laid down in Regulation (EC) No 322/97. It shall also eval-
uate the benefits of the availability of statistics in this domain,
the costs of obtaining such statistics and the burden on enter-
prises.

Article 6

Transmission of statistics to Eurostat

Article 10

1. Member States shall transmit to Eurostat the statistics
referred to in Article 4.

Implementing procedures

The arrangements

2.
the statistics
referred to in Article 4 shall be laid down in accordance with
the procedure referred to in Article 11(2).

transmission of

for

Article 7

Dissemination

1.
Community statistics based on the data specified in
Annexes A to H to this Regulation shall be disseminated by
Eurostat. In this context, and in view of the characteristics of
the European railway market, data deemed to be confidential
under Article 13(1) of Council Regulation (EC) No 322/97 may
be disclosed only if:

(a) the data are already available to the public in the Member

States; or

(b) the explicit approval for such disclosure has been given in

advance by the undertakings concerned.

The national authorities shall make a request to such undertak-
ings for permission to disclose the required data and shall
inform Eurostat of the result of this request when the data are
transmitted to Eurostat.

The information reported under Annex I shall not be

2.
disseminated.

Article 8

Quality of statistics

1.
In order to assist Member States in maintaining the
quality of statistics in the domain of rail transport, Eurostat
shall develop and publish methodological recommendations.
These recommendations shall take account of the best practices
of national authorities, of railway undertakings and of profes-
sional organisations for the railway industry.

2.
The quality of the statistical data shall be evaluated by
Eurostat. To this end, on request by Eurostat, Member States
shall supply information on the methods used in producing the
statistics.

The following implementing measures shall be taken in accor-
dance with the procedure specified in Article 11(2):

(a) adaptation of the thresholds for simplified reporting (Article

4);

(b) adaptation of the definitions and adoption of additional

definitions (Article 3);

(c) adaptation of the contents of the annexes (Article 4);

(d) arrangements for transmitting data to Eurostat (Article 6);

(e) definition of the guidelines for the reports on the quality

and comparability of the results (Articles 8 and 9).

Article 11

Procedure

1.
The Commission shall be assisted by the Statistical
Programme Committee instituted by Article 1 of Decision 89/
382/EEC, Euratom.

2. Where reference is made to this paragraph, Articles 5 and
7 of Decision 1999/468/EC shall apply, having regard to the
provisions of Article 8 thereof.

The period laid down in Article 5(6) of Decision 1999/468/EC
shall be set at three months.

3.

The Committee shall adopt its rules of procedure.

Article 12

Directive 80/1177/EEC

1. Member States shall provide results for the year 2002 in
accordance with Directive 80/1177/EEC.

Directive 80/1177/EEC is hereby repealed with effect

2.
from 1 January 2003.

Article 9

Report

Article 13

Entry into force

After data have been collected over three years, the Commis-
sion shall send a report to the European Parliament and to the
Council on experience acquired in the work carried out under

This Regulation shall enter
into force on the 20th day
following that of its publication in the Official Journal of the
European Communities.

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This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 16 December 2002.

For the European Parliament

The President

P. COX

For the Council

The President

M. FISCHER BOEL

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ANNEX A

ANNUAL STATISTICS ON GOODS TRANSPORT — DETAILED REPORTING

List of variables and units of measurement Goods transported in:

— tonnes
— tonne-km

Goods train movements in:
— train-km

Number of intermodal transport units carried in:
— number
— TEU (20-foot-equivalent unit) (for containers and swap bodies)

Reference period

Frequency

Year

Every year

List of tables with the breakdown for each
table

Table A1: goods transported, by type of transport
Table A2: goods transported, by type of goods (Annex J)
Table A3: goods transported (for international and transit traffic) by
country of loading and country of unloading
Table A4: goods transported, by category of dangerous goods (Annex K)
Table A5: goods transported, by type of consignment (optional)
Table A6: goods transported in intermodal transport units, by type of
transport and by type of transport unit
Table A7: number of loaded intermodal transport units carried, by type of
transport and by type of transport unit
Table A8: number of empty intermodal transport units carried, by type of
transport and by type of transport unit
Table A9: goods train movements

Deadline for transmission of data

Five months after end of reference period

First reference period for tables A1, A2 and
A3

2003

First reference period for tables A4, A5,
A6, A7, A8 and A9

2004

Notes

1. Type of transport is broken down as follows:

— national
— international-incoming
— international-outgoing
— transit

2. Type of consignment may be broken down as follows:

— full train loads
— full wagon loads
— other

3. Type of transport unit is broken down as follows:

— containers and swap bodies
— semi-trailers (unaccompanied)
— road vehicles (accompanied)

4. For Table A3, Eurostat and the Member States may make arrangements
to facilitate consolidation of data originating from undertakings in
other Member States, in order to ensure the coherence of these data.

5. For Table A4, Member States shall indicate which categories of traffic,

if any, are not covered by the data.

6. For tables A2 to A8 where complete information on transit transport

is not available, Member States shall report all available data.

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ANNEX B

ANNUAL STATISTICS ON GOODS TRANSPORT — SIMPLIFIED REPORTING

List of variables and units of measurement

Reference period

Frequency

Goods transported in
— tonnes
— tonne-km

Goods train movements in:
— train-km

Year

Every year

List of tables with the breakdown for each table

Table B1: goods transported, by type of transport
Table B2: goods train movements

Deadline for transmission of data

Five months after end of reference period

First reference period

Notes

2004

1. Type of transport is broken down as follows:

— national
— international-incoming
— international-outgoing
— transit

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ANNUAL STATISTICS ON PASSENGER TRANSPORT — DETAILED REPORTING

ANNEX C

List of variables and units of measurement

Passengers transported in:
— number of passengers
— passenger-km

Passenger train movements in:
— train-km

Reference period

Frequency

Year

Every year

List of tables with the breakdown for each
table

Table C1: passengers transported, by type of transport (provisional data,
number of passengers only)
Table C2: international passengers transported, by country of embarkation
and by country of disembarkation (provisional data, number of passengers
only)
Table C3: passengers transported, by type of transport (final consolidated
data)
Table C4: international passengers transported, by country of embarkation
and by country of disembarkation (final consolidated data, number of
passengers only)
Table C5: passenger train movements

Deadline for transmission of data

Eight months after end of reference period (Tables C1, C2, C5)
14 months after end of reference period (Tables C3, C4)

First reference period

2004

Notes

1. Type of transport is broken down as follows:

— national
— international

2. For Tables C1 and C2, Member States may report provisional data
based on ticket sales in the reporting country or any other available
source. For Tables C3 and C4, Member States shall report final consoli-
dated 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 interna-
tional compensation arrangements for tickets.

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ANNUAL STATISTICS ON PASSENGER TRANSPORT — SIMPLIFIED REPORTING

ANNEX D

List of variables and units of measurement

Passengers transported in:
— number of passengers
— passenger-km

Passenger train movements in:
— train-km

Reference period

Frequency

Year

Every year

List of tables with the breakdown for each
table

Table D1: passengers transported
Table D2: passenger train movements

Deadline for transmission of data

Eight months after end of reference period

First reference period

2004

Notes

1. For Table D1, Member States may report data based on ticket sales in

the reporting country or any other available source.

ANNEX E

QUARTERLY STATISTICS ON GOODS AND PASSENGER TRANSPORT

List of variables and units of measurement Goods transported in:

— tonnes
— tonne-km

Passengers transported in:
— number of passengers
— passenger-km

Quarter

Every quarter

Reference period

Frequency

List of tables with the breakdown for each
table

Table E1: goods transported
Table E2: passengers transported

Deadline for transmission of data

Three months after end of reference period

First reference period

First quarter of 2004

Notes

1. Tables E1 and E2 may be reported on the basis of provisional data,
including estimates. For Table E2, Member States may report data
based on ticket sales in the reporting country or any other available
source.

2. These statistics shall be supplied for the undertakings covered by

Annexes A and C.

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ANNEX F

REGIONAL STATISTICS ON GOODS AND PASSENGER TRANSPORT

List of variables and units of measurement Goods transported in:

Reference period

Frequency

List of tables with the breakdown for each
table

— tonnes

Passengers transported in:
— number of passengers

One year

Every five years

international goods

Table F1: national goods transport by region of loading and region of
unloading (NUTS 2)
Table F2:
unloading (NUTS 2)
Table F3: national passenger transport by region of embarkation and
region of disembarkation (NUTS 2)
Table F4: international passenger transport by region of embarkation and
region of disembarkation (NUTS 2)

transport by region of

loading and

Deadline for transmission of data

12 months after end of reference period

First reference period

2005

Notes

1. Where the place of loading or unloading (Tables F1, F2) or embarka-
is outside the European

tion or disembarkation (Tables F3, F4)
Economic Area, Member States shall report only the country.

2. In order to assist Member States in the preparation of these tables,
Eurostat shall provide Member States with a list of UIC station codes
and the corresponding NUTS codes.

3. For Tables F3 and F4, Member States may report data based on ticket

sales or any other available source.

4. These statistics shall be supplied for the undertakings covered by

Annexes A and C.

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ANNEX G

STATISTICS ON TRAFFIC FLOWS ON THE RAIL NETWORK

List of variables and units of measurement Goods transport:

— number of trains

Passenger transport:
— number of trains

Other (service trains, etc.) (optional):
— number of trains

Reference period

Frequency

One year

Every five years

List of tables with the breakdown for each
table

Table G1: goods transport, by network segment
Table G2: passenger transport, by network segment
Table G3: other (service trains, etc.), by network segment (optional)

Deadline for transmission of data

18 months after end of reference period

First reference period

2005

Notes

1. Member States shall define a set of network segments to include at
least the rail TEN on their national territory. They shall communicate
to Eurostat:
— the geographical coordinates and other data needed to identify and
map each network segment as well as the links between segments,
— information on the characteristics (including the capacity) of the

trains using each network segment.

2. Each network segment which is part of

trans-European
network (TEN) shall be identified by means of an additional attribute
in the data record, in order to enable traffic on the rail TEN to be
quantified.

the rail

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ANNEX H

STATISTICS ON ACCIDENTS

List of variables and units of measurement — Number of accidents (Tables H1, H2)
— Number of persons killed (Table H3)
— Number of persons seriously injured (Table H4)

Reference period

Frequency

Year

Every year

List of tables with the breakdown for each
table

Table H1: number of accidents, by type of accident
Table H2: number of accidents involving the transport of dangerous
goods
Table H3: number of persons killed, by type of accident and by category
of person
Table H4: number of persons seriously injured, by type of accident and
by category of person

Deadline for transmission of data

Five months after end of reference period

First reference period

2004

Note

1. Type of accident is broken down as follows:

— collisions (excluding level-crossing accidents)
— derailments
— accidents involving level-crossings
— accidents to persons caused by rolling stock in motion
— fires in rolling stock
— others
— total.

The type of accident refers to the primary accident.

2. Table H2 has the following breakdown:

— total number of accidents involving at least one railway vehicle
transporting dangerous goods, as defined by the list of goods
covered by Annex K

— number of such accidents in which dangerous goods are released.

3. Category of person is broken down as follows:

— passengers
— employees (including contractors)
— others
— total.

4. The data in Tables H1-H4 shall be provided for all railways covered by

this Regulation.

5. During the first five years of application of this Regulation, Member
States may report these statistics according to national definitions, if
data conforming to harmonised definitions (adopted according to the
procedure of Article 11 paragraph 2) are not available.

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ANNEX I

List of variables and units of measurement

See below

Reference period

Frequency

List of tables with the breakdown for each
table

One year

Every year

See below

Deadline for transmission of data

Five months after end of reference period

First reference period

2003

Note

I1.1.1

I1.1.2

I1.1.3

I1.1.4

I1.2.1

I1.2.2

I1.2.3

I1.2.4

The information listed below (Table I1) shall be supplied for each railway
undertaking for which data are provided according to Annexes A to H.

This information shall be used,
— to check which undertakings are covered by the tables in Annexes A

to H

— to validate the coverage of Annexes A and C in relation to total rail

transport activity.

Table I1

Identification of data source

Reporting country

Reference year

Name of undertaking (optional)

Country in which undertaking is based

Type of activities

Freight transport: international

Freight transport: national

Passenger transport: international

Passenger transport: national

Data included in Annexes A to H

Annex A

Annex B

Annex C

Annex D

Annex E

Annex F

Annex G

Annex H

yes/no

yes/no

yes/no

yes/no

yes/no

yes/no

yes/no

yes/no

yes/no

yes/no

yes/no

yes/no

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I1.3.1

I1.3.2

I1.3.3

I1.3.4

Level of transport activity (optional)

Total freight transport (tonnes)

Total freight transport (tonne-km)

Total passenger transport (passengers)

Total passenger transport (passenger-km)

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ANNEX J

CLASSIFICATION OF GOODS

The following groups of goods shall be used until such time as a new classification is laid down according to the proce-
dure specified in Article 11(2).

Groups of
goods

NST/R
chapter

NST/R groups

Description

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

0

01

Cereals

1

2

3

4

5

6

7

8

9

02, 03

00, 06

05

04, 09

Potatoes, other fresh or frozen fruits and vegetables

Live animals, sugar beet

Wood and cork

Textiles, textile articles and man-made fibres, other raw animal
and vegetable materials

11, 12, 13, 14, 16, 17

Foodstuff and animal fodder

18

Oil seeds and oleaginous fruits and fats

21, 22, 23

Solid mineral fuels

31

Crude petroleum

32, 33, 34

Petroleum products

41, 46

45

Iron ore, iron and steel waste and blast furnace dust

Non-ferrous ores and waste

51, 52, 53, 54, 55, 56 Metal products

64, 69

Cement, lime, manufactured building materials

61, 62, 63, 65

Crude and manufactured minerals

71, 72

83

Natural and chemical fertilisers

Coal chemicals, tar

81, 82, 89

Chemicals other than coal chemicals and tar

84

91, 92, 93

94

95

96, 97

99

Paper pulp and waste paper

Transport equipment, machinery, apparatus, engines, whether
or not assembled, and parts thereof

Manufactures of metal

Glass, glassware, ceramic products

Leather, textile, clothing, other manufactured articles

Miscellaneous articles

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ANNEX K

CLASSIFICATION OF DANGEROUS GOODS

1.

Explosives

2. Gases, compressed, liquefied or dissolved under pressure

3.

Flammable liquids

4.1. Flammable solids

4.2. Substances liable to spontaneous combustion

4.3. Substances which, in contact with water, emit flammable gases

5.1. Oxidising substances

5.2. Organic peroxides

6.1. Toxic substances

6.2. Substances liable to cause infections

7.

8.

Radioactive material

Corrosives

9. Miscellaneous dangerous substances

Note: these categories are those defined in the regulations concerning the international carriage of dangerous goods by
rail, usually known as the RID, as adopted under Council Directive 96/49/EC of 23 July 1996 on the approximation of
the laws of the Member States with regard to the transport of dangerous goods by rail and subsequent amendments (1).

(1) OJ L 235, 17.9.1996, p. 25. Directive as last amended by Commission Directive 2001/6/EC (OJ L 30, 1.2.2001, p. 42).