CELEX: 
Language: en
Date: 2016-07-06
Title: Position of the Council at first reading with a view to the adoption of a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Regulation (EC) No 91/2003 on rail transport statistics, as regards the collection of data on goods, passengers and accidents

Council of the
                 European Union
                                                           Brussels, 6 July 2016
                                                           (OR. en)
                                                           10000/16
       Interinstitutional File:
          2013/0297 (COD)
                                                           STATIS 39
                                                           TRANS 224
                                                           CODEC 851
LEGISLATIVE ACTS AND OTHER INSTRUMENTS
Subject:            Position of the Council at first reading with a view to the adoption of a
                    REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE
                    COUNCIL amending Regulation (EC) No 91/2003 on rail transport
                    statistics, as regards the collection of data on goods, passengers and
                    accidents
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                                              DGG 3B                                          EN
 ---pagebreak---                                     REGULATION (EU) 2016/…
                OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
                                                   of…
                amending Regulation (EC) No 91/2003 on rail transport statistics,
               as regards the collection of data on goods, passengers and accidents
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,
1
        Position of the European Parliament of 11 March 2014 (not yet published in the Official
        Journal) and position of the Council at first reading of …(not yet published in the Official
        Journal). Position of the European Parliament of … (not yet published in the Official
        Journal).
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                                                 DGG 3B                                           EN
 ---pagebreak--- Whereas:
(1)     Regulation (EC) No 91/2003 of the European Parliament and of the Council 1 establishes a
        common framework for producing, transmitting, evaluating and disseminating comparable
        rail transport statistics in the Union.
(2)     Statistics on the transport of goods and passengers by rail are necessary to enable the
        Commission to monitor and develop the common transport policy, as well as the transport
        elements of policies relating to the regions and to trans-European networks.
(3)     Statistics on rail safety are also necessary to enable the Commission to prepare and monitor
        Union action in the field of transport safety. The European Rail Agency collects data on
        accidents under Annex I to Directive 2004/49/EC of the European Parliament and of the
        Council 2 as regards common safety indicators and common methods of calculating
        accident costs.
1
      Regulation (EC) No 91/2003 of the European Parliament and of the Council
      of 16 December 2002 on rail transport statistics (OJ L 14, 21.1.2003, p. 1).
2
      Directive 2004/49/EC of the European Parliament and of the Council of 29 April 2004 on
      safety on the Community's railways and amending Council Directive 95/18/EC on the
      licensing of railway undertakings and Directive 2001/14/EC on the allocation of railway
      infrastructure capacity and the levying of charges for the use of railway infrastructure and
      safety certification (Railway Safety Directive) (OJ L 164, 30.4.2004, p. 44).
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                                                DGG 3B                                          EN
 ---pagebreak--- (4)     It is important to avoid duplication of work and to optimise the use of existing information
        that is capable of being used for statistical purposes. To that end, and with a view to
        providing easily accessible and useful information to Union citizens and other stakeholders
        on rail transport safety and interoperability of the rail system, including the rail
        infrastructure, appropriate cooperation agreements on statistical activities should be
        established between the Commission’s services and relevant entities, including at
        international level.
(5)     Most Member States transmitting passenger data to the Commission (Eurostat) under
        Regulation (EC) No 91/2003 have regularly provided the same data for both the
        provisional and final datasets.
(6)     A balance should be struck between the needs of the users and the burden on respondents
        when producing European statistics.
(7)     Within its Working Group and Task Force on rail transport statistics, Eurostat has
        conducted a technical analysis of the existing data on rail transport statistics collected
        pursuant to relevant binding Union legal acts and of the dissemination policy, in order to
        simplify as much as possible the various activities necessary for producing statistics, while
        ensuring that the final output remains in line with the present and future needs of users.
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                                                DGG 3B                                             EN
 ---pagebreak--- (8)     In its report to the European Parliament and to the Council on its experience acquired in
        applying Regulation (EC) No 91/2003, the Commission referred to the fact that long-term
        developments will probably result in the suppression or the simplification of the data
        already collected under that Regulation, and that the aim is to reduce the data transmission
        period for annual data on rail passengers. The Commission should continue to provide
        reports at regular intervals on the implementation of that Regulation.
(9)     Regulation (EC) No 91/2003 confers powers on the Commission to implement some of its
        provisions. As a consequence of the entry into force of the Treaty on the Functioning of the
        European Union (‘the Treaty’), the powers conferred on the Commission under that
        Regulation need to be aligned with Articles 290 and 291 of the Treaty.
(10)    In order to reflect new developments in the Member States while, at the same time,
        maintaining the harmonised collection of rail transport data across the Union, and with a
        view to maintaining the high quality of the data transmitted by the Member States, the
        power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the
        Commission in respect of amending Regulation (EC) No 91/2003 to adapt the technical
        definitions and to provide for additional technical definitions. It is of particular importance
        that the Commission carry out appropriate consultations during its preparatory work,
        including at expert level, and that those consultations be conducted in accordance with the
        principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-
        Making 1. In particular, to ensure equal participation in the preparation of delegated acts,
        the European Parliament and the Council receive all documents at the same time as
        Member States' experts, and their experts systematically have access to meetings of
        Commission expert groups dealing with the preparation of delegated acts.
1
      OJ L 123, 12.5.2016, p. 1.
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                                               DGG 3B                                              EN
 ---pagebreak--- (11)    The Commission should ensure that those delegated acts do not impose a significant
        additional burden on the Member States or on the respondents.
(12)    In order to ensure uniform conditions for implementation of Regulation (EC) No 91/2003,
        implementing powers should be conferred on the Commission as regards the specification
        of the information to be supplied for the reports on the quality and comparability of the
        results, and the arrangements for the dissemination of those results by the
        Commission (Eurostat). Those powers should be exercised in accordance with Regulation
        (EU) No 182/2011 of the European Parliament and of the Council 1.
(13)    The European Statistical System Committee has been consulted.
(14)    Regulation (EC) No 91/2003 should therefore be amended accordingly,
HAVE ADOPTED THIS REGULATION:
1
     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
     (OJ L 55, 28.2.2011, p. 13).
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                                              DGG 3B                                            EN
 ---pagebreak---                                                 Article 1
Regulation (EC) No 91/2003 is amended as follows:
(1)     Article 3 is amended as follows:
        (a)   in paragraph 1, points 24-30 are deleted;
        (b)   paragraph 2 is replaced by the following:
              '2.    The Commission is empowered to adopt delegated acts in accordance with
                     Article 10 concerning the amendment of the present Article to adapt the
                     technical definitions set out in points 8 to 10 and 21 to 23 of paragraph 1 and to
                     provide for additional technical definitions, when needed to take into account
                     new developments which require a certain level of technical detail to be
                     defined in order to ensure the harmonisation of statistics.
                     When exercising that power the Commission shall ensure that the delegated
                     acts do not impose a significant additional burden on the Member States or on
                     the respondents. Furthermore, the Commission shall duly justify the statistical
                     actions for which those delegated acts provide, using, where appropriate, cost-
                     effectiveness analysis, including an assessment of the burden on respondents
                     and of the production costs, as referred to in point (c) of Article 14(3) of
                     Regulation (EC) No 223/2009 of the European Parliament and of the Council*.
              ––––––––––––––––––––––
              *      Regulation (EC) No 223/2009 of the European Parliament and of the Council
                     of 11 March 2009 on European statistics and repealing Regulation (EC,
                     Euratom) No 1101/2008 of the European Parliament and of the Council on the
                     transmission of data subject to statistical confidentiality to the Statistical Office
                     of the European Communities, Council Regulation (EC) No 322/97 on
                     Community Statistics, and Council Decision 89/382/EEC, Euratom
                     establishing a Committee on the Statistical Programmes of the European
                     Communities (OJ L 87, 31.3.2009, p. 164).'.
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                                                DGG 3B                                               EN
 ---pagebreak--- (2)     Article 4 is amended as follows:
        (a)   in paragraph 1, points (b), (d) and (h) are deleted;
        (b)   paragraph 2 is replaced by the following:
              ‘2.    Member States shall report under Annexes A and C data for undertakings that
                     have:
                     (a)    a total volume of goods transport of at least 200 000 000 tonne-km or at
                            least 500 000 tonnes;
                     (b)    a total volume of passenger transport of at
                            least 100 000 000 passenger-km.
                     Reporting under Annexes A and C shall be optional in respect of undertakings
                     falling below the thresholds referred to in points (a) and (b).’;
        (c)   paragraph 3 is replaced by the following:
              ‘3.    Member States shall report under Annex L the total data for undertakings
                     falling below the thresholds referred to in paragraph 2 if those data are not
                     reported under Annexes A and C, as specified in Annex L.’.
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                                                DGG 3B                                             EN
 ---pagebreak--- (3)     In Article 5 (2), point (b) is replaced by the following:
        ‘(b) administrative data, including data collected by regulatory authorities, in particular
              the rail freight waybill if one is available’.
(4)     Article 7 is replaced by the following:
        ‘Article 7
        Dissemination
        Statistics based on the data specified in Annexes A, C, E, F, G and L shall be disseminated
        by the Commission (Eurostat).
        The Commission shall adopt implementing acts laying down the arrangements for the
        dissemination of results. Those implementing acts shall be adopted in accordance with the
        examination procedure referred to in Article 11(2).’.
(5)     Article 8 is amended as follows:
        (a)    the following paragraph is inserted:
               '1a. Member States shall take all measures necessary to ensure the quality of the
                     data transmitted.';
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                                                DGG 3B                                          EN
 ---pagebreak---         (b)   the following paragraphs are added:
              ‘3.    For the purposes of this Regulation, the quality criteria to be applied to the data
                     to be transmitted are those referred to in Article 12(1) of Regulation (EC) No
                     223/2009.
              4.     The Commission shall adopt implementing acts specifying the detailed
                     arrangements, structure, periodicity and comparability elements for the
                     standard quality reports.
              Those implementing acts shall be adopted in accordance with the examination
              procedure referred to in Article 11(2).'.
(6)     Article 9 is replaced by the following:
        ‘Article 9
        Reports on implementation
        By 31 December 2020 and every four years thereafter, the Commission, after consulting
        the European Statistical System Committee, shall submit a report to the European
        Parliament and to the Council on the implementation of this Regulation and on future
        developments.
        In that report, the Commission shall take account of relevant information provided by
        Member States relating to the quality of the data transmitted, the data collection methods
        used and information on potential improvements and on users’ needs.
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                                               DGG 3B                                              EN
 ---pagebreak---         In particular, that report shall:
        (a)   assess the benefits, accruing to the Union, the Member States and the providers and
              users of statistical information, of the statistics produced, in relation to their costs;
        (b)   assess the quality of the data transmitted, the data collection methods used and the
              quality of the statistics produced.'.
(7)     Article 10 is replaced by the following:
        ‘Article 10
        Exercise of the delegation
        1.    The power to adopt 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(2) shall be conferred on the
              Commission for a period of five years from … [date of the entry into force of this
              amending Regulation]. The Commission shall draw up a report in respect of the
              delegation of power not later than nine months before the end of the five 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
              three months before the end of each period.
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                                                DGG 3B                                               EN
 ---pagebreak---         3. The delegation of power referred to in Article 3(2) 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. Before adopting a delegated act, the Commission shall consult experts designated by
           each Member State in accordance with the principles laid down in the
           Interinstitutional Agreement of 13 April 2016 on Better Law-Making.
        5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to
           the European Parliament and to the Council.
        6. A delegated act adopted pursuant to Article 3(2) shall enter into force only if no
           objection has been expressed either by the European Parliament or 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.’.
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                                            DGG 3B                                              EN
 ---pagebreak--- (8)     Article 11 is replaced by the following:
        ‘Article 11
        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 of the European Parliament and
              of the Council*.
        2.    Where reference is made to this paragraph, Article 5 of Regulation (EU)
              No 182/2011 shall apply.
        _________________
        *     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 the Member States of the Commission’s exercise of implementing
              powers (OJ L 55, 28.2.2011, p. 13).'.
(9)     Article 12 is deleted.
(10)    Annexes B, D, H and I are deleted.
(11)    Annex C is replaced by the text appearing in Annex I to this Regulation.
(12)    Annex L, as set out in Annex II to this Regulation, is added.
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                                              DGG 3B                                       EN
 ---pagebreak---                                                 Article 2
This Regulation shall enter into force on the twentieth day following that of 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 …,
For the European Parliament                                  For the Council
The President                                                The President
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                                                DGG 3B                                             EN
 ---pagebreak---                                             ANNEX I
                                             'Annex C
  ANNUAL STATISTICS ON PASSENGER TRANSPORT — DETAILED REPORTING
List of variables and units Passengers transported in:
of measurement               –    number of passengers
                            –     passenger-km
                            Passenger train movements in:
                             –    train-km
Reference period            One year
Frequency                   Every year
List of tables with the     Table C3: passengers transported, by type of transport
breakdown for each table
                            Table C4: international passengers transported, by country of
                            embarkation and by country of disembarkation
                            Table C5: passenger train movements
Deadline for transmission   Eight months after end of reference period
of data
First reference period      … [the year of entry into force of this amending Regulation]
Notes                       1. Type of transport is broken down as follows:
                            –     national
                            –     international
                            2. For Tables C3 and C4, Member States shall report 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
                            international compensation arrangements for tickets
                                                                                             '.
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ANNEX I                                       DGG 3B                                       EN
 ---pagebreak---                                             ANNEX II
                                             'Annex L
                                             Table L.1
              LEVEL OF TRANSPORT ACTIVITY IN GOODS TRANSPORT
List of variables and units Goods transported in:
of measurement
                            – total tonnes
                            – total tonne-km
                            Goods train movements in:
                            – total train-km
Reference period            One year
Frequency                   Every year
Deadline for transmission   Five months after end of reference period
of data
First reference period      … [the year following that of entry into force of this amending
                            Regulation]
Notes                       Only for undertakings with a total volume of freight transport of
                            less than 200 million tonne-km and less than 500 000 tonnes and
                            not reporting under Annex A (detailed reporting)
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ANNEX II                                      DGG 3B                                          EN
 ---pagebreak---                                           Table L.2
            LEVEL OF TRANSPORT ACTIVITY IN PASSENGER TRANSPORT
List of variables and   Passengers transported in:
units of measurement
                        – total passengers
                        – total passenger-km
                        Passenger train movements in:
                        – total train-km
Reference period        One year
Frequency               Every year
Deadline for            Eight months after end of reference period
transmission of data
First reference period  … [the year following that of entry into force of this amending
                        Regulation]
Notes                   Only for undertakings with a total volume of passenger transport
                        of less than 100 million passenger-km and not reporting under
                        Annex C (detailed reporting)
                                                                                           '.
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ANNEX II                                   DGG 3B                                        EN