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 Directive 2009/42/EC on statistical returns in respect of carriage of goods and passengers by sea
Date: 2025-04-23
Institutions: European Commission, Eurostat
Subjects: EU statistics, European Commission, carriage of goods, data collection, delegated legislation, maritime transport, passenger rights, powers of the institutions (EU), transfer of competence, transport statistics

EN 

  EN 

   EUROPEAN COMMISSION  Brussels, 23.4.2025  COM(2025) 178 final  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 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 1 aligned the 
powers  conferred  on  the  Commission  by  Directive  2009/42/EC 2  (the  Directive)  with  the 
Treaty on the Functioning of the European Union (TFEU).  

Directive 2009/42/EC as amended empowers the Commission to adopt delegated acts for the 
following purposes: 

➢  adapting the data collection requirements in its Annexes I to VIII to reflect economic 
and technical developments, provided that this does not substantially increase costs for 
Member States and/or the burden on respondents (see Article 3(4)); 

➢  drawing up a list of ports, coded and classified by country and maritime coastal area 

(see Article 4(1)); and 

➢  amending non-essential elements of the Directive so as to ensure that data collection 
methods  are  such  that  the  statistical  datasets  on  sea  transport  (Annex VIII)  meet  the 
standards of accuracy set by the Commission (Article 5). 

As  laid  down  in  recital 8  of  Regulation  (EU)  No 1090/2010,  ‘it  is  of  particular  importance 
that  the  Commission  carry  out  appropriate  consultations  during  its  preparatory  work, 
including at expert level’. 

2. 

LEGAL BASIS 

This  report  is  required  under  Article  10a(1)  of  the  Directive,  which  conferred  on  the 
Commission  the  power  to  adopt  delegated  acts  for  a  period  of  five  years  from 
29 December 2010 onward. The Commission submitted a first report in 2015 3 and a second 
report in 2020 4. The delegation of power was automatically extended for another five years 
(from  December  2020  to  December  2025)  because  the  Parliament  and  the  Council  did  not 
revoke  it  pursuant  to  Article 10b  of  the  Directive. Article 10a  requires  the  Commission  to 
issue a report in respect of the delegation at the latest six months before the end of each five-
year period. This present report fulfils the Commission’s obligation to draw up a third report 
on the exercise of its power to adopt delegated acts. 

of 

of 

goods 

carriage 

1 Regulation  (EU)  No 1090/2010  of  the  European  Parliament  and  of  the  Council  of  24 November 2010 
amending  Directive  2009/42/EC  on  statistical  returns  in  respect  of  carriage  of  goods  and  passengers  by  sea, 
OJ L 325, 9.12.2010, p. 1, ELI: http://data.europa.eu/eli/reg/2010/1090/oj. 
2 Directive 2009/42/EC of the European Parliament and of the Council  of 6 May 2009 on statistical returns in 
p. 29, 
respect 
passengers 
ELI: http://data.europa.eu/eli/dir/2009/42/2012-01-01. 
3 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  goods  and 
passengers by sea, COM(2015) 362 final of 28 July 2015. 
4 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 Directive 2009/42/EC on statistical returns in respect of 
goods and passengers by sea, COM(2020) 149 final of 17 April 2020. 

sea,  OJ L 141, 

6.6.2009, 

and 

by 

1 

 
 
 
 
3. 

EXERCISE OF THE DELEGATION 

The Commission has used the delegation of powers twice, adopting Commission Delegated 
Decision 2012/186/EU 5 and Commission Delegated Decision (EU) 2018/1007 6. During the 
latest five-year period, the Commission did not exercise its power to adopt delegated acts as 
conferred on it by Article 10a of the Directive.  

4. 

CONCLUSION 

Since  April  2018,  the  Commission  has  not  exercised  the  power  to  adopt  delegated  acts 
conferred on it by Directive 2009/42/EC. However, the Commission considers that it should 
continue to have these delegated powers because it may need to adopt delegated acts in the 
future  to  reflect  economic  and  technical  developments  and  changes  in  the  EU’s  port 
infrastructure. 

The Commission invites the European Parliament and the Council to take note of this report. 

5 Commission  Delegated  Decision  2012/186/EU  of  3 February 2012  amending  Directive  2009/42/EC  of  the 
European Parliament and of the Council on statistical returns in respect of carriage of goods and passengers by 
sea, OJ L 101, 11.4.2012, p. 5. 
6 Commission  Delegated  Decision  (EU)  2018/1007  of  25 April 2018  supplementing  Directive  2009/42/EC  of 
the  European  Parliament  and  of  the  Council  as  regards  the  list  of  ports  and  repealing  Commission  Decision 
2008/861/EC, OJ L 180, 17.7.2018, p. 29. 

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