Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending certain legislative acts in the domain of agricultural and fishery statistics
Date: 2012-12-05
Institutions: European Commission
Subjects: Treaty of Lisbon, agricultural statistics, delegated legislation, fishing statistics, legislative procedure

EUROPEAN 
COMMISSION 

Brussels, 5.12.2012  
COM(2012) 724 final 

2012/0343 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

amending certain legislative acts in the domain of agricultural and fishery statistics 

(Text with EEA relevance) 

EN 

   EN 

 
 
 
  
 
EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

The Treaty on the Functioning of the European Union (TFEU) makes a distinction between 
(a)  the  powers  delegated  to  the  Commission  to  adopt  non-legislative  acts  of  general 
application to supplement or amend certain non-essential elements of the legislative act as laid 
down in Article 290(1) of the TFEU (delegated acts), and (b) the powers conferred upon the 
Commission to adopt uniform conditions for implementing legally binding Union acts as laid 
down in Article 291(2) of the TFEU (implementing acts). 

The Commission has committed itself1, with regard to 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  powers2,  to  reviewing  legislative  acts  which  currently  contain 
references to the regulatory procedure with scrutiny in the light of the criteria laid down in the 
Treaty.  

The  overall  objective  is  by  the  end  of  Parliament's  seventh  term  (June  2014),  to  remove  all 
provisions referring to the regulatory procedure with scrutiny from all legislative instruments.  

The aim of this proposal is to modify nine legislative acts in the domain of agricultural and 
fishery statistics in order to align them with the new institutional context. 

For the sake of completeness, the list of instruments to be aligned is: 

(1) 

(2) 

(3) 

(4) 

(5) 

1 
2 
3 
4 
5 
6 
7 

Council Directive 96/16/EC of 19 March 1996 on statistical surveys of milk and milk 
products3; 

Regulation  (EC)  No  138/2004  of  the  European  Parliament  and  of  the  Council  of  5 
December 2003 on the economic accounts for agriculture in the Community4; 

Regulation (EC) No 1921/2006 of the European Parliament and of the Council of 18 
December 2006 on the submission of statistical data on landings of fishery products 
in Member States and repealing Council Regulation (EEC) No 1382/915; 

Regulation  (EC)  No  762/2008  of  the  European  Parliament  and  of  the  Council  of 
9 July  2008  on  the  submission  by  Member  States  of  statistics  on  aquaculture  and 
repealing Council Regulation (EC) No 788/966; 

Regulation (EC) No 1165/2008 of the European Parliament and of the Council of 19 
November  2008  concerning  livestock  and  meat  statistics  and  repealing  Council 
Directives 93/23/EEC, 93/24/EEC and 93/25/EEC7; 

OJ L 55, 28.2.2011, p. 19. 
OJ L 55, 28.2.2011, p. 13. 
OJ L 78, 28.3.1996, p. 27. 
OJ L 33, 5.2.2004, p. 1. 
OJ L 403, 30.12.2006, p. 1. 
OJ L 218, 13.8.2008, p. 1. 
OJ L 321, 1.12.2008, p. 1. 

EN 

2 

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(6) 

(7) 

(8) 

(9) 

Regulation (EC) No 216/2009 of the European Parliament and of the Council of 11 
March 2009 on the submission of nominal catch statistics by Member States fishing 
in certain areas other than those of the North Atlantic (recast)8; 

Regulation (EC) No 217/2009 of the European Parliament and of the Council of 11 
March  2009  on  the  submission  of  catch  and  activity  statistics  by  Member  States 
fishing in the north-west Atlantic (recast)9; 

Regulation (EC) No 218/2009 of the European Parliament and of the Council of 11 
March 2009 on the submission of nominal catch statistics by Member States fishing 
in the north-east Atlantic (recast)10; 

Regulation (EC) No 543/2009 of the European Parliament and of the Council of 18 
June  2009  concerning  crop  statistics  and  repealing  Council  Regulations  (EEC)  No 
837/90 and (EEC) No 959/9311.  

2. 

RESULTS OF CONSULTATIONS WITH THE INTERESTED PARTIES AND 
IMPACT ASSESSMENTS 

There was no need for consultation of interested parties or for impact assessment.  

3. 

LEGAL ELEMENTS OF THE PROPOSAL 

•  Summary of the proposed action 

The objective of this proposal is to modify nine legislative acts in the domain of agricultural 
and fishery statistics in order to align them to the new institutional context. 

In  particular,  the  aim  is  to  identify  what  powers  the  Commission  has  and  establish  the 
appropriate procedure for adopting measures on the basis of these powers.  

•  Streamlining of the European Statistical System 

Regulation  (EC)  No  223/2009  of  the  European  Parliament  and  of  the  Council  of  11  March 
2009 on European statistics12 defined the European Statistical System (ESS) as a partnership 
between  the  European  statistical  authority,  which  is  the  Commission  (Eurostat),  and  the 
national statistical institutes (NSIs) and other national authorities responsible in each Member 
States for the development, production and dissemination of European statistics. 

The European Statistical  System  Committee (ESSC), established by Article 7 of Regulation 
(EC)  No  223/2009,  is  regarded  as  the  umbrella  committee  within  the  ESS.  It  assists  the 
Commission  in  exercising  of  its  implementing  powers  in  certain  statistical  domains.  These 

8 
9 
10 
11 
12 

OJ L 87, 31.3.2009, p. 1. 
OJ L 87, 31.3.2009, p. 42. 
OJ L 87, 31.3.2009, p. 70. 
OJ L 167, 29.6.2009, p. 1. 
OJ L 87, 31.3.2009, p. 164. 

EN 

3 

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exclude agricultural and fishery statistics where the Commission is assisted by the Standing 
Committee for Agricultural Statistics (SCAS)13. 

The  Commission  is  proposing  a  new  ESS  structure  aimed  at  improving  coordination  and 
partnership  in  a  clear  pyramid  structure  within  the  ESS,  with  the  ESSC  as  highest  strategic 
body. One aspect of this streamlining is to concentrate comitology powers in the hands of the 
ESSC. In February 201214, the ESSC supported this new approach. 

The suggestion is therefore to modify the nine legislative acts in order to replace the reference 
to the SCAS by a reference to the ESSC. 

•  Legal basis 

Article 338 (1) of the Treaty on the Functioning of the European Union.  

•  Choice of instrument 

Regulation of the European Parliament and of the Council.  

4. 

BUDGETARY IMPLICATION  

The proposal has no implications for the EU budget. 

5. 

OPTIONAL ELEMENTS  

None

13 

14 

EN 

OJ  L  179,  7.8.1972,  p.  1  (Council  Decision  72/279/EEC  of  31  July  1972  setting  up  a  Standing 
Committee for Agricultural Statistics). 
12th meeting of the ESSC, 12 February 2012. 

4 

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2012/0343 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

amending certain legislative acts in the domain of agricultural and fishery statistics 

(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, 

Whereas: 

(1) 

(2) 

(3) 

As  a  consequence  of  the  entry  into  force  of  the  Treaty  on  the  Functioning  of  the 
European  Union  (TFEU),  the  powers  conferred  upon  the  Commission  need  to  be 
aligned to Articles 290 and 291 of the TFEU. 

The Commission has committed itself15, with regard to 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  powers16,  to  reviewing  legislative  acts 
which  currently  contain  references  to  the  regulatory  procedure  with  scrutiny  in  the 
light of the criteria laid down in the Treaty.  

The Commission should have the power to adopt delegated acts under Article 290 of 
the  TFEU  in  order  to  supplement  or  amend  certain  non-essential  elements  of  the 
legislative  acts,  notably  to  take  account  of  economic,  social  and  technical 
developments. The Commission should ensure that these delegated acts do not impose 
a  significant  additional  administrative  burden  on  the  Member  States  or  on  the 
respondent units. 

(4) 

Legislative acts in the field of agricultural and fishery statistics, referred to in recitals 
5-13, contain references to the regulatory procedure with scrutiny and should therefore 
be reviewed in the light of the criteria laid down in the Treaty. 

15 
16 

OJ L 55, 28.2.2011, p. 19. 
OJ L 55, 28.2.2011, p. 13. 

EN 

5 

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(5) 

(6) 

(7) 

(8) 

(9) 

As  regards  Council  Directive  96/16/EC  of  19  March  1996  on  statistical  surveys  of 
milk  and  milk  products17,  in  order  to  take  account  of  experience  acquired  and  of 
economic  evolution,  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  the  definition  of  agricultural  holdings,  the  list  of  milk 
products  covered  by  the  surveys  and  the  standard  definitions  to  be  used  when 
communicating the results for the various products. 

As  regards  Regulation  (EC)  No  138/2004  of  the  European  Parliament  and  of  the 
Council  of  5  December  2003  on  the  economic  accounts  for  agriculture  in  the 
Community18, 
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 of Annexes I and II to that Regulation. 

take  account  of  economic,  social  and 

in  order 

to 

As  regards  Regulation  (EC)  No 1921/2006  of  the  European  Parliament  and  of  the 
Council  of  18  December  2006  on  the  submission  of  statistical  data  on  landings  of 
fishery  products  in  Member  States  and  repealing  Council  Regulation  (EEC)  No 
1382/9119, in order to take account of 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 technical adaptation of the 
Annexes to that Regulation. 

As  regards  Regulation  (EC)  No  762/2008  of  the  European  Parliament  and  of  the 
Council  of  9 July  2008  on  the  submission  by  Member  States  of  statistics  on 
aquaculture  and  repealing  Council  Regulation  (EC)  No 788/9620,  in  order  to  take 
account of 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 technical changes to the Annexes to that Regulation. 

As  regards  Regulation  (EC)  No  1165/2008  of  the  European  Parliament  and  of  the 
Council of 19 November 2008 concerning livestock and meat statistics and repealing 
Council Directives 93/23/EEC, 93/24/EEC and 93/25/EEC21, in order to take account 
of 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 modifications of Annexes I, II, IV and V to that Regulation. 

(10)  As  regards  Regulation  (EC)  No  216/2009  of  the  European  Parliament  and  of  the 
Council of 11 March 2009 on the submission of nominal catch statistics by Member 
States fishing in certain areas other than those of the North Atlantic22, in order to take 
account of technical progress and international requirements, 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 amendments of Annexes I, 
II, III and IV.  

17 
18 
19 
20 
21 
22 

OJ L 78, 28.3.1996, p.27. 
OJ L 33, 5.2.2004, p. 1. 
OJ L 403, 30.12.2006, p. 1. 
OJ L 218, 13.8.2008, p. 1. 
OJ L 321, 1.12.2008, p. 1. 
OJ L 87, 31.3.2009, p. 1. 

EN 

6 

   EN 

                                                 
(11)  As  regards  Regulation  (EC)  No  217/2009  of  the  European  Parliament  and  of  the 
Council  of  11  March  2009  on  the  submission  of  catch  and  activity  statistics  by 
Member  States  fishing  in  the  north-west  Atlantic23,  in  order  to  take  account  of 
technical  progress  and  international  requirements,  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 amendments to the lists of species 
and  statistical  fishing  regions  and  the  descriptions  of  those  regions,  as  well  as  the 
measures,  codes  and  definitions  applied  to  fishing  activity,  fishing  gear,  vessel  sizes 
and methods of fishing. 

(12)  As  regards  Regulation  (EC)  No  218/2009  of  the  European  Parliament  and  of  the 
Council of 11 March 2009 on the submission of nominal catch statistics by Member 
States fishing in the north-east Atlantic24, in order to take account of technical progress 
and international requirements, 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  amendments  to  the  lists  of  species  and  statistical  fishing 
regions,  the  descriptions  of  those  fishing  regions  and  the  permitted  degree  of 
aggregation of data. 

(13)  As  regards  Regulation  (EC)  No  543/2009  of  the  European  Parliament  and  of  the 
Council of 18 June 2009 concerning crop statistics and repealing Council Regulations 
(EEC) No 837/90 and (EEC) No 959/9325, 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 adaptation of the transmission tables as set out in the Annex. 

(14) 

It is particularly important for the Commission to carry out appropriate consultations 
during  its  preparatory  work,  including  at  expert  level.  When  preparing  and  drawing- 
up  delegated  acts,  the  Commission  should  ensure  the  simultaneous,  timely  and 
appropriate transmission of relevant documents to the European Parliament and to the 
Council. 

(15)  The  Standing  Committee  for  Agricultural  Statistics  (SCAS)  set  up  by  Council 
Decision 72/279/EEC of 31 July 197226 provides advice to and assists the Commission 
in  exercising  of  its  implementing  powers  under  the  legislative  acts  referred  to  in 
recitals 5-13.  

(16)  Under  the  strategy  for  a  new  European  Statistical  System  (ESS)  structure,  aimed  at 
improving  coordination  and  partnership  in  a  clear  pyramid  structure  within  the  ESS, 
the  European  Statistical  System  Committee  (ESSC),  established  by  Regulation  (EC) 
No  223/2009  of  the  European  Parliament  and  of  the  Council  of  11  March  2009  on 
European  statistics27,  should  have  an  advisory  role  and  assist  the  Commission  in  the 
exercising its implementing powers.  

23 
24 
25 
26 
27 

OJ L 87, 31.3.2009, p.42. 
OJ L 87, 31.3.2009, p.70. 
OJ L 167, 29.6.2009, p.1. 
OJ L 179, 7.8.1972, p.1. 
JO L 87, 31.3.2009, p.164. 

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(17)  To that effect, the legislative acts referred to in recitals 5-13 should be modified, with 

the reference to the SCAS being replaced by a reference to the ESSC. 

(18) 

In accordance with the principle of proportionality, it is necessary and appropriate for 
the achievement of the basic objective of the alignment of the powers conferred upon 
the  Commission  to  Articles  290  and  291  of  the  TFEU  to  lay  down  rules  on  such 
alignment in the domain of agricultural and fishery statistics. This Regulation does not 
go  beyond  what  is  necessary  in  order  to  achieve  that  objective,  in  accordance  with 
Article 5(4) of the Treaty on the European Union. 

(19) 

In order to ensure legal certainty, it is necessary that the procedures for the adoption of 
measures  which  have  been  initiated  but  not  completed  before  the  entry  into  force  of 
this Regulation are not affected by this Regulation. 

(20)  Since  the  amendments  made  to  Council  Directive  96/16/EC  concern  committee 
procedure only, that Directive does not need to be transposed by Member States, 

HAVE ADOPTED THIS REGULATION: 

The legislative acts listed in the Annex are amended in accordance with t this same Annex. 

Article 1 

Article 2 

This Regulation shall not affect the procedures for the adoption of measures provided for in 
the legislative acts in the Annex which have been initiated but not completed before the entry 
into force of this Regulation. 

This Regulation shall enter into force on the twentieth day following that of its publication in 
the Official Journal of the European Union. 

Article 3 

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

Done at Brussels,  

For the European Parliament 
The President 

For the Council 
The President 

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ANNEX 

1.  Council Directive 96/16/EC of 19 March 1996 on statistical surveys of milk and 

milk products28. 

Directive 96/16/EC is amended as follows: 

(1) 

In Article 1, point 2 is replaced by the following: 

'2.  shall  carry  out  annual  surveys  of  the  production  of  milk  and  its  use  among  agricultural 
holdings.  The  Commission  shall  be  empowered  to  adopt  delegated  acts  in  accordance  with 
Article 6a concerning the definition of agricultural holdings.' 

(2) 

In Article 3, paragraphs 2 and 3 are replaced by the following: 

'2. The Commission shall be empowered to adopt delegated acts in accordance with Article 6a 
concerning  the  list  of  milk  products  covered  by  the  surveys  and  to  draw  up  standard 
definitions to be used when communicating the results for the various products.' 

(3) 

The following Article 6a is inserted: 

'Article 6a 

The  power  to  adopt  delegated  acts  is  conferred  on  the  Commission  subject  to  the 

1. 
conditions laid down in this Article. 

2.  When  exercising  the  powers  delegated  in  Article  1(2)  and  Article  3(2),  the  Commission 
shall  ensure  that  the  delegated  acts  do  not  impose  a  significant  additional  administrative 
burden on the Member States and on the respondents. 

3. 
The power to adopt delegated acts referred to in Article 1(2) and Article 3(2) shall be 
conferred on the Commission for an indeterminate period of time from (Publications office: 
please insert the exact date of the entry into force of the amending Regulation). 

The delegation of power referred to in Article 1(2) and Article 3(2) may be revoked at 

4. 
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. 

As soon as it adopts a delegated act, the Commission shall notify it simultaneously to 

5. 
the European Parliament and to the Council. 

6. 
A delegated act adopted pursuant to Article 1(2) or Article 3(2) shall enter into force 
only if no objection has been expressed either by the European Parliament or by the Council 
within a period of two months of notification of that act to the European Parliament and the 
Council or if, before the expiry of that period, the European Parliament and the Council have 

28 

OJ L 78, 28.3.1996, p. 27. 

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9 

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both informed the Commission that they will not object. That period shall be extended by two 
months at the initiative of the European Parliament or of the Council.' 

(4) 

Article 7 is replaced by the following: 

'Article 7 

1. 
The  Commission  shall  be  assisted  by  the  European  Statistical  System  Committee 
established by Regulation (EC) No 223/2009 of the European Parliament and of the Council 
of 11 March 2009 on European statistics(*). That committee shall be a committee within the 
meaning of 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(**).  

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

2. 
shall apply. 

______________ 

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

(**) OJ L 55, 28.2.2011, p. 13.' 

2.  Regulation (EC) No 138/2004 of the European Parliament and of the Council of 
5 December 2003 on the economic accounts for agriculture in the Community29. 

Regulation (EC) No 138/2004 is amended as follows: 

(1) 

In Article 2, paragraph 2 is replaced by the following: 

'2. The Commission shall be empowered to adopt delegated acts in accordance with Article 4 
in updating the EAA methodology.' 

(2) 

In Article 3, paragraph 3 is replaced by the following: 

'3. The Commission shall be empowered to adopt delegated acts in accordance with Article 4 
in updating the list of variables and the time limits for the provision of data set out in Annex 
II.' 

(3) 

Article 4 is replaced by the following: 

'Article 4 
Exercise of delegated powers 

The  power  to  adopt  delegated  acts  is  conferred  on  the  Commission  subject  to  the 

1. 
conditions laid down in this Article. 

When  exercising  the  powers  delegated  in  Article  2(2)  and  Article  3(3),  the 
2. 
Commission  shall  ensure  that  the  delegated  acts  do  not  impose  a  significant  additional 
administrative burden on the Member States and on the respondents. 

29 

OJ L 33, 5.2.2004, p. 1. 

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3. 
The power to adopt delegated acts referred to in Article 2(2) and Article 3(3) shall be 
conferred on the Commission for an indeterminate period of time from (Publications office: 
please insert the exact date of the entry into force of the amending Regulation). 

The delegation of power referred to in Article 2(2) and Article 3(3) may be revoked at 

4. 
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. 

As soon as it adopts a delegated act, the Commission shall notify it simultaneously to 

5. 
the European Parliament and to the Council. 

6. 
A delegated act adopted pursuant to Article 2(2) or Article 3(3) shall enter into force 
only if no objection has been expressed either by the European Parliament or by the Council 
within a period of two months of notification of that act to the European Parliament and 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 two 
months at the initiative of the European Parliament or of the Council.' 

3.  Regulation (EC) No 1921/2006 of the European Parliament and of the Council 
of 18 December 2006 on the submission of statistical data on landings of fishery 
products  in  Member  States  and  repealing  Council  Regulation  (EEC)  No 
1382/9130. 

Regulation (EC) No 1921/2006 is amended as follows: 

(1) 

In Article 6, paragraph 2 is replaced by the following: 

'2. The Commission shall examine the reports and present its conclusions to Member States.'  

(2) 

Article 9 is replaced by the following: 

'Article 9 
Updating of the Annexes 

The Commission shall be empowered to adopt delegated acts in accordance with Article 10a 
concerning technical adaptation of the Annexes.' 

(3) 

The following Article 10a is inserted: 

'Article 10a 
Exercise of delegated powers 

The  power  to  adopt  delegated  acts  is  conferred  on  the  Commission  subject  to  the 

1. 
conditions laid down in this Article. 

30 

OJ L 403, 30.12.2006, p. 1. 

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2. 
When exercising the power delegated in Article 9, the Commission shall ensure that 
the delegated acts do not impose a significant additional administrative burden on the Member 
States and on the respondents. 

3. 
The  power  to  adopt  delegated  acts  referred  to  in  Article  9  shall  be  conferred  on  the 
Commission  for  an indeterminate period of  time  from  (Publications  office:  please insert  the 
exact date of the entry into force of the amending Regulation). 

The  delegation  of  power  referred  to  in  Article  9  may  be  revoked  at  any  time  by  the 

4. 
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. 

As soon as it adopts a delegated act, the Commission shall notify it simultaneously to 

5. 
the European Parliament and to the Council. 

6. 
A delegated act adopted pursuant to Article 9 shall enter into force only if no objection 
has  been  expressed  either  by  the  European  Parliament  or  by  the  Council  within  a  period  of 
two months of notification of that act to the European Parliament and 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  two  months  at  the 
initiative of the European Parliament or of the Council.' 

(4) 

Article 11 is replaced by the following: 

'Article 11 
Committee  

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 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(*). 

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

2. 
shall apply. 

______________ 

(*) OJ L 55, 28.2.2011, p. 13.' 

4.  Regulation (EC) No 762/2008 of the European Parliament and of the Council of 
9 July  2008  on  the  submission  by  Member  States  of  statistics  on  aquaculture 
and repealing Council Regulation (EC) No 788/9631. 

Regulation (EC) No 762/2008 is amended as follows: 

(1) 

In Article 6, paragraph 3 is replaced by the following: 

31 

OJ L 218, 13.8.2008, p. 1. 

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12 

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'3. The Commission shall examine the reports and present its conclusions to Member States.'  

(2) 

In Article 9, paragraph 1 is replaced by the following: 

'1. The Commission shall be empowered to adopt delegated acts in accordance with Article 9a 
concerning technical changes to the Annexes.' 

(3) 

The following Article 9a is inserted: 

'Article 9a 
Exercise of delegated powers 

The  power  to  adopt  delegated  acts  is  conferred  on  the  Commission  subject  to  the 

1. 
conditions laid down in this Article. 

2. 
When exercising the power delegated in Article 9(1), the Commission shall ensure that 
the delegated acts do not impose a significant additional administrative burden on the Member 
States and on the respondents. 

3. 
The  power  to  adopt  delegated  acts  referred  to  in  Article  9  shall  be  conferred  on  the 
Commission  for  an indeterminate period  of time from  (Publications office: please  insert  the 
exact date of the entry into force of the amending Regulation). 

The delegation of power referred to in Article 9(1) may be revoked at any time by the 

4. 
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. 

As soon as it adopts a delegated act, the Commission shall notify it simultaneously to 

5. 
the European Parliament and to the Council. 

6. 
A  delegated  act  adopted  pursuant  to  Article  9(1)  shall  enter  into  force  only  if  no 
objection  has  been  expressed  either  by  the  European  Parliament  or  by  the  Council  within  a 
period of two months of notification of that act to the European Parliament and 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  two 
months at the initiative of the European Parliament or of the Council.' 

(4) 

Article 10 is replaced by the following: 

'Article 10 
Committee 

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 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(*).  

EN 

13 

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

2. 
shall apply. 

______________ 

(*) OJ L 55, 28.2.2011, p. 13.' 

5.  Regulation (EC) No 1165/2008 of the European Parliament and of the Council 
of  19  November  2008  concerning  livestock  and  meat  statistics  and  repealing 
Council Directives 93/23/EEC, 93/24/EEC and 93/25/EEC32. 

Regulation (EC) No 1165/2008 is amended as follows: 

(1) 

Article 18 is replaced by the following: 

'Article 18 
Updating of the Annexes 

The Commission shall be empowered to adopt delegated acts in accordance with Article 19 
concerning modifications of Annexes I, II, IV and V.' 

(2) 

Article 19 is replaced by the following: 

'Article 19 
Exercise of delegated powers 

The  power  to  adopt  delegated  acts  is  conferred  on  the  Commission  subject  to  the 

1. 
conditions laid down in this Article. 

2. 
When exercising the power delegated in Article 18, the Commission shall ensure that 
the delegated acts do not impose a significant additional administrative burden on the Member 
States and on the respondents. 

3. 
The power to adopt delegated acts referred to in Article 18 shall be conferred on the 
Commission  for  an indeterminate period  of time from  (Publications office: please  insert  the 
exact date of the entry into force of the amending Regulation). 

The delegation of power referred to in Article 18 may be revoked at any time by the 

4. 
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. 

As soon as it adopts a delegated act, the Commission shall notify it simultaneously to 

5. 
the European Parliament and to the Council. 

6. 
A  delegated  act  adopted  pursuant  to  Article  18  shall  enter  into  force  only  if  no 
objection  has  been  expressed  either  by  the  European  Parliament  or  by  the  Council  within  a 

32 

OJ L 321, 1.12.2008, p. 1. 

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14 

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period of two months of notification of that act to the European Parliament and 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  two 
months at the initiative of the European Parliament or of the Council.' 

6.  Regulation (EC) No 216/2009 of the European Parliament and of the Council of 
11 March 2009 on the submission of nominal catch statistics by Member States 
fishing in certain areas other than those of the North Atlantic33. 

Regulation (EC) No 216/2009 is amended as follows: 

(1) 

In Article 2, paragraph 5 is replaced by the following: 

'5. The Commission shall be empowered to adopt delegated acts in accordance with Article 5 
when amending the lists of statistical fishing areas, or subdivisions thereof, and species.' 

(2) 

Article 5 is replaced by the following: 

'Article 5 

The  power  to  adopt  delegated  acts  is  conferred  on  the  Commission  subject  to  the 

1. 
conditions laid down in this Article. 

2. 
When exercising the power delegated in Article 2(5), the Commission shall ensure that 
the delegated acts do not impose a significant additional administrative burden on the Member 
States and on the respondents. 

3. 
The power to adopt delegated acts referred to in Article 2(5) shall be conferred on the 
Commission for an indeterminate period of time from  (Publications office: please insert  the 
exact date of the entry into force of the amending Regulation). 

The delegation of power referred to in Article 2(5) may be revoked at any time by the 

4. 
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. 

As soon as it adopts a delegated act, the Commission shall notify it simultaneously to 

5. 
the European Parliament and to the Council. 

6. 
A  delegated  act  adopted  pursuant  to  Article  2(5)  shall  enter  into  force  only  if  no 
objection  has  been  expressed  either  by  the  European  Parliament  or  by  the  Council  within  a 
period of two months of notification of that act to the European Parliament and 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  two 
months at the initiative of the European Parliament or of the Council.' 

(3) 

Article 6 is replaced by follows: 

33 

OJ L 87, 31.3.2009, p. 1. 

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15 

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'Article 6 

1.  By  14  November  1996  Member  States  shall  submit  a  detailed  report  to  the  Commission 
describing  how 
the  degree  of 
the  data  on  catches  are  derived  and  specifying 
representativeness and reliability of those data. The Commission shall draw up a summary of 
those reports for discussion with Member States  

2.  Member  States  shall  inform  the  Commission  of  any  modifications  to  the  information 
provided under paragraph 1 within three months of their introduction.  

3.  Methodological  reports,  data  availability  and  data  reliability  and  other  relevant  issues 
connected with the application of this Regulation shall be examined once a year with Member 
States.' 

7.  Regulation (EC) No 217/2009 of the European Parliament and of the Council of 
11  March  2009  on  the  submission  of  catch  and  activity  statistics  by  Member 
States fishing in the north-west Atlantic34.  

Regulation (EC) No 217/2009 is amended as follows: 

(1) 

In Article 2, paragraph 4 is replaced by the following: 

'4. The Commission shall be empowered to adopt delegated acts in accordance with Article 6 
when amending the lists of species and statistical fishing regions and the descriptions of those 
regions, as well as the measures, codes and definitions applied to fishing activity, fishing gear, 
vessel sizes and methods of fishing.' 

(2) 

Article 6 is replaced by the following: 

'Article 6 

The  power  to  adopt  delegated  acts  is  conferred  on  the  Commission  subject  to  the 

1. 
conditions laid down in this Article. 

2. 
When exercising the power delegated in Article 2(4), the Commission shall ensure that 
the delegated acts do not impose a significant additional administrative burden on the Member 
States and on the respondents. 

3. 
The power to adopt delegated acts referred to in Article 2(4) shall be conferred on the 
Commission for an indeterminate period of time from  (Publications office: please insert  the 
exact date of the entry into force of the amending Regulation). 

The delegation of power referred to in Article 2(4) may be revoked at any time by the 

4. 
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. 

34 

OJ L 87, 31.3.2009, p. 42. 

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16 

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As soon as it adopts a delegated act, the Commission shall notify it simultaneously to 

5. 
the European Parliament and to the Council. 

6. 
A  delegated  act  adopted  pursuant  to  Article  2(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 two months of notification of that act to the European Parliament and 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  two 
months at the initiative of the European Parliament or of the Council.' 

(3) 

In Article 7, paragraph 3 is replaced by the following: 

'3.  Methodological  reports,  data  availability  and  data  reliability  and  other  relevant  issues 
connected with the application of this Regulation shall be examined once a year with Member 
States.'  

8.  Regulation (EC) No 218/2009 of the European Parliament and of the Council of 
11 March 2009 on the submission of nominal catch statistics by Member States 
fishing in the north-east Atlantic35. 

Regulation (EC) No 218/2009 is amended as follows: 

(1) 

In Article 2, paragraph 3 is replaced by the following: 

'3. The Commission shall be empowered to adopt delegated acts in accordance with Article 5 
when  amending  the  lists  of  species  and  statistical  fishing  regions,  the  descriptions  of  those 
fishing regions and the permitted degree of aggregation of data.' 

(2) 

Article 5 is replaced by the following: 

'Article 5 

The  power  to  adopt  delegated  acts  is  conferred  on  the  Commission  subject  to  the 

1. 
conditions laid down in this Article. 

When exercising the power delegated in Article 2(3), the Commission shall ensure that 
2. 
the delegated acts do not impose a significant additional administrative burden on the Member 
States and on the respondents. 

The power to adopt delegated acts referred to in Article 2(3) shall be conferred on the 
3. 
Commission for an indeterminate period of time from  (Publications office: please insert  the 
exact date of the entry into force of the amending Regulation). 

The delegation of power referred to in Article 2(3) may be revoked at any time by the 

4. 
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. 

35 

OJ L 87, 31.3.2009, p. 70. 

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17 

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As soon as it adopts a delegated act, the Commission shall notify it simultaneously to 

5. 
the European Parliament and to the Council. 

6. 
A  delegated  act  adopted  pursuant  to  Article  2(3)  shall  enter  into  force  only  if  no 
objection  has  been  expressed  either  by  the  European  Parliament  or  by  the  Council  within  a 
period of two months of notification of that act to the European Parliament and 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  two 
months at the initiative of the European Parliament or of the Council.' 

(3) 

In Article 6, paragraph 3 is replaced by the following: 

'3.  Methodological  reports,  data  availability  and  data  reliability  and  other  relevant  issues 
connected with the application of this Regulation shall be examined once a year with Member 
States.'  

9.  Regulation (EC) No 543/2009 of the European Parliament and of the Council of 
18  June  2009  concerning  crop  statistics  and  repealing  Council  Regulations 
(EEC) No 837/90 and (EEC) No 959/9336. 

Regulation (EC) No 543/2009 is amended as follows: 

(1) 

In Article 6, paragraph 2 is replaced by the following: 

'2. The Commission shall be empowered to adopt delegated acts in accordance with Article 8a 
when adapting the transmission tables as set out in the Annex.' 

(2) 

The following Article 8a is inserted: 

'Article 8a 
Exercise of delegated powers 

The  power  to  adopt  delegated  acts  is  conferred  on  the  Commission  subject  to  the 

1. 
conditions laid down in this Article. 

When exercising the power delegated in Article 6(2), the Commission shall ensure that 
2. 
the delegated acts do not impose a significant additional administrative burden on the Member 
States and on the respondents. 

The power to adopt delegated acts referred to in Article 6(2) shall be conferred on the 
3. 
Commission for an indeterminate period of time from  (Publications office: please insert  the 
exact date of the entry into force of the amending Regulation). 

The delegation of power referred to in Article 6(2) may be revoked at any time by the 

4. 
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. 

36 

OJ L 167, 29.6.2009, p. 1. 

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18 

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As soon as it adopts a delegated act, the Commission shall notify it simultaneously to 

5. 
the European Parliament and to the Council. 

6. 
A  delegated  act  adopted  pursuant  to  Article  6(2)  shall  enter  into  force  only  if  no 
objection  has  been  expressed  either  by  the  European  Parliament  or  by  the  Council  within  a 
period of two months of notification of that act to the European Parliament and 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  two 
months at the initiative of the European Parliament or of the Council.' 

(3) 

Article 9 is replaced by the following: 

'Article 9 
Committee procedure 

1. 
The  Commission  shall  be  assisted  by  the  European  Statistical  System  Committee 
established by Regulation (EC) No 223/2009 of the European Parliament and of the Council 
of 11 March 2009 on European statistics(*). That committee shall be a committee within the 
meaning of 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(**).  

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

2. 
shall apply. 

______________ 

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

(**) OJ L 55, 28.2.2011, p. 13.' 

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